Clause 88

Notwithstanding the provisions of any written law to the contrary, a District Court or a Magistrate’s Court shall have jurisdiction to try any offence under this Act and to award the full punishment for any such offence, excepting that a Magistrate’s Court shall not impose a sentence of imprisonment for a term exceeding six months.

In any proceedings under this Act, it shall be sufficient in the charge or information to allege that the factory is a factory within the meaning of this Act and to state the name of the ostensible occupier of the factory or, where the occupier is a firm, the title of the firm; and the burden of proving that the premises are not a factory, or that the occupier specified in the charge or information is not the occupier of the factory, shall lie upon the person alleging such fact.

Where any offence is committed under this Act by reason of a failure to make an examination, enter a report, or do any other thing, at or within a time specified by this Act or any regulation, rule or order made thereunder, the offence shall be deemed to continue until the examination is made, or the report entered, or the other thing done, as the case may be.