88. Offences
Feedback & supportIn the event of any contravention in, or in connection with, or in relation to, a factory of the provisions of this Act or of any regulations, rules or orders made thereunder, the occupier or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner of the factory shall, subject as hereafter in this Act provided, be guilty of an offence.
contravention
“contravention” includes, in relation to any provision, a failure to comply with that provision, and “contravene” shall be construed accordingly;
In the event of a contravention by an employed person of the provisions of Part IX with respect to duties of persons employed or of a contravention by any person of any regulations, rules or orders made under this Act which expressly impose any duty upon him, that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence by reason only of the contravention of the provisions of Part IX, or the contravention of the provision imposing the duty, as the case may be, unless it is proved that he failed to take all reasonable steps to prevent the contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matters by virtue of some provision other than the provisions or provision aforesaid.
occupier
“occupier”, in relation to a factory, means a person who occupies or uses premises as a factory;
An employed person who has contravened section 80 may be arrested without warrant by any police officer or by an inspector authorised in writing in that behalf by the Commissioner and taken before a Magistrate’s Court and shall be liable on conviction to a fine not exceeding $500 and in the case of a second or subsequent conviction to a fine not exceeding $2,000.
inspector
“inspector” means an inspector appointed under this Act and includes the Chief Inspector, Deputy Chief Inspector and Senior Inspector;
Notwithstanding subsection (3) or any other written law for the time being in force, any police officer or any inspector who, having effected an arrest in accordance with subsection (3), is satisfied as to the identity, name and place of residence of the person arrested, may in his discretion instead of taking him before a Court or to a police station serve upon the person a notice, in such form as may be prescribed under section 102, requiring the person to attend at the Court described at the hour and on the date specified in the notice.
prescribed
“prescribed” means prescribed by the Minister by order or by regulations made under this Act;
For the purpose of satisfying himself as to the identity of the person arrested, such police officer or inspector may require the person arrested to furnish such evidence of identity as he may think necessary.
A duplicate of the notice referred to in subsection (4) shall be prepared by the police officer or inspector, as the case may be, and, if so required by a Court, produced by him to the Court.
On an accused person appearing before a Court in pursuance of a notice referred to in subsection (4), the Court shall take cognizance of the offence alleged and shall proceed as though he were produced before it in pursuance of subsection (3).
If a person upon whom such a notice has been served as aforesaid fails to appear before a Court in accordance therewith, the Court shall thereupon issue a warrant for the arrest of that person.
Upon a person arrested in pursuance of a warrant issued under subsection (8) being produced before it, a Court shall proceed as though he were produced before it in pursuance of subsection (3) and shall at the conclusion of the proceedings call upon him to show cause why he should not be punished for failing to attend in compliance with the notice delivered to him and if cause is not shown may order him to pay such penalty not exceeding $2,000 or may commit him to prison for a term not exceeding 2 months.
If the occupier of a factory avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act.
factory
“factory” means any premises in which, or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes:(a)the making of any article or of part of any article;(b)the altering, repairing, ornamenting, finishing, cleaning, or washing, or the breaking up or demolition of any article; or(c)the adapting for sale of any article,being premises in which, or within the close or curtilage or precincts of which, the work is carried on by way of trade or for purposes of gain and to or over which the employer of the persons employed therein has the right of access or control.(2) Whether or not premises are factories by reason of the foregoing definition, “factory” also includes the following premises in which persons are employed in manual labour:(a)any yard or dry dock (including the precincts thereof) in which ships are constructed, reconstructed, repaired, refitted, finished or broken up;(b)any premises in which the business of sorting articles is carried on as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory;(c)any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory;(d)any premises in which the business of hooking, plaiting, lapping, making up or packing of yarn or cloth is carried on;(e)any laundry carried on as ancillary to another business or incidentally to the purposes of any public institution;(f)any premises in which the construction, reconstruction or repair of locomotives, aircraft, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking, not being any premises used for the purpose of housing locomotives, aircraft or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out;(g)any premises in which printing by letter press, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on;(h)any premises in which the making, adaptation or repair of dresses, scenery or properties is carried on incidentally to the production, exhibition or presentation by way of trade or for purposes of gain of cinematograph films or theatrical performances, not being a stage or dressing-room of a theatre in which only occasional adaptations or repairs are made;(i)any premises in which the business of making or mending nets is carried on incidentally to the fishing industry;(j)any premises in which mechanical power is used in connection with the making or repair of any article incidentally to any business carried on by way of trade or for purposes of gain;(k)any premises in which the production of cinematograph films is carried on by way of trade or for purposes of gain, so however that the employment at any such premises of theatrical performers and of attendants on such theatrical performers shall not be deemed to be employment in a factory;(l)any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction, not being premises in which such operations or works are being carried on;(m)any premises used for the storage of gas in a gas-holder having a storage capacity of not less than 140 cubic metres;(n)any premises in which persons are employed in or in connection with the generating of electrical energy for supply by way of trade, or for supply for the purposes of any industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places;(o)any premises in which mechanical power is used for the purposes of or in connection with a water supply, being premises in which persons are regularly employed;(p)any sewage works in which mechanical power is used and any pumping station used in connection therewith;(q)any premises in which building operations or works of engineering construction are being carried on.(3) Any line or siding, which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory; and if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory.(4) Any workplace in which, with the permission of or under agreement with the owner or occupier, 10 or more persons carry on any work which would constitute the workplace a factory if the persons working therein were in the employment of the owner or occupier of the workplace, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.(5) No premises shall be deemed to be a factory in which less than 10 persons are employed and in which —(a)no mechanical power, steam boiler, steam container, steam receiver, cast-iron underfired vulcaniser, air receiver, refrigerating plant pressure receiver or gas plant is used; and(b)no highly inflammable or noxious substance is manipulated, used or created.(6) Where a place situated within the close, curtilage or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory.(7) A part of a factory may, with the approval in writing of the Chief Inspector, be deemed to be a separate factory; and two or more factories may, with the approval in writing of the Chief Inspector, be deemed to be a single factory.(8) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.(9) Any premises belonging to or in the occupation of the Government or of any statutory board or body shall not be deemed not to be a factory, and any premises in which building operations or works of engineering construction are carried on by or on behalf of the Government or any such board or body shall not be excluded from the operation of this Act by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain. Subject to this section,
If persons are employed in a factory otherwise than in accordance with the provisions of this Act or of any regulations, rules or orders made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed.
Where an offence under this Act committed by a company, co-operative society or other body of persons is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he, as well as the company, co-operative society or other body of persons, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.[81