Section 96. Penalty for wrongfully disclosing results of analysis under section 91.-
Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term, which may extend to six months or with fine, which may extend to ten thousand rupees or with both.
Section 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H.-
(1) Whoever fails to comply with or contravenes any of the provisions of sections 41B, 41C or 41H or the rules made thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues, after the conviction for the first such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years.
Section 97. Offences by workers.-
(1) Subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to five hundred rupees.
(2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.
Section 98. Penalty for using false certificate of fitness.-
Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allow it to be used, or an attempt to use it to be made by, another person, shall be punishable with imprisonment for a term, which may extend to two months or with fine which may extend to one thousand rupees or with both.
Section 99. Penalty for permitting double employment of child.-
If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to one thousand rupees, unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person.
Section 100.- Omitted by Act 20 of 1987
Section 101. Exemption of occupier or manager from liability in certain cases.-
Where the occupier or manager of a factory is charged with an offence punishable under this Act he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days’ notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court –
(a) that he has used due diligence to enforce the execution of this Act, and
(b) that the said other person committed the offence in question without his knowledge, consent or connivance,
that other person shall be convicted of the offence and shall be liable to the like punishment as if he was the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be, discharged from any liability under this Act in respect of such offence:
Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor:
Provided further that, if the person charged as the actual offender by the occupier or manager, cannot be brought before the court at the time appointed for hearing the charge, the court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the court, the court shall proceed to hear the charge against the occupier or manager and shall, if the offence be proved, convict the occupier or manager.
Section 102. Power of court to make orders.-
(1) Where the occupier or manager of a factory is convicted of an offence punishable under this Act the court may, in addition to awarding any punishment, by order in writing require him, within a period specified in the order (which the court may, if it thinks fit and on application in such- behalf, from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed.
(2) Where an order is made under sub-section (1), the occupier or manager of the factory, as the case may be, shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the court, but if, on the expiry of such period or extended period, as the case may be, the order of the court has not been fully complied with, the occupier or manager, as the case may be, shall be deemed to have committed a further offence, and may be sentenced therefor by the court to undergo imprisonment for a term which may extend to six months or to pay a fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or both to undergo such imprisonment and to pay such fine as aforesaid.
Section 103. Presumption as to employment.-
If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory.
Section 104. Onus as to age.-
(1) When any act or omission would, if a person was under a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court prima facie under such age, the burden shall be on the accused to prove that such person is not under such age.
(2) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated in such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker.
Section 104A. Onus of proving limits of what is practicable, etc. –
In any proceeding for an offence for the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or as the case may be, all practicable measures were taken to satisfy the duty or requirement.
Section 105. Cognizance of offences.-
(1) No court shall take cognizance of any offence under this Act except on complaint by, or which previous sanction in writing of, an Inspector.
(2) No court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act.
Section 106. Limitation of prosecution.-
No court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which he alleged commission of the offence, came to the knowledge of an Inspector.
Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.
Explanation. – For the purposes of this section,-
(a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues;
(b) where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory the period of limitation shall be computed from the date on which the time so granted or extended expired.
Section 106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.-
For the purposes of conferring jurisdiction on any court in relation to an offence under this Act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being situate, shall be deemed to be the place where such offence has been committed.
Section 107. Appeals.-
(1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order,appeal against it to the prescribed authority, and such authority may subject to rules made in this behalf by the State Government, confirm, modify or reverse the order.
(2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed:
Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor or if it thinks fit, without the aid of any assessor.
(3) Subject to such rules as the State Government may make in this behalf and subject to such conditions as to partial compliance or the adoption of temporary measures as the appellate authority may in any case think fit to impose, the appellate authority may, if it thinks fit, suspend the order appealed against, pending the decision of the appeal.
Section 108. Display of notices.-
(1) In addition to the notices required to be displayed in any factory by or under this Act, there shall be displayed in every factory a notice continuing such abstracts of this Act, and of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the certifying surgeon.
(2) All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition.
(3) The Chief Inspector may, by order in writing serve on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory.
Section 109. Service of notices.-
The State Government may make rules prescribing the manner of the service of orders under this Act on owners, occupiers or managers of factories.
Section 110. Returns.-
The State Government may make rules requiring owners, occupiers or managers of factories to submit such returns, occasional or periodical, as may in its opinion be required for the purpose of this Act,
Section 111. Obligations of workers.-
(1) No worker in a factory –
(a) shall wilfully interfere with or misuse any appliance, convenience or other things provided in a factory for the purposes of securing the health, safety or welfare of the worker therein;
(b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and
•(c) shall wilfully neglect to make use of any appliances or other things provided in the factory for the purposes of securing the health or safety of the workers therein.
(2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.
Section 111A. Right of workers, etc.-
Every worker shall have the right to –
• (i) obtain from the occupier, information relating to worker’s health and safety at work,
• (ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers’ health and safety at work,
• (iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.
Section 112. General power to make rules.-
The State Government may make rule providing for any matter which, under any of the provisions of this Act, is to be or may be prescribed or which may be considered expedient in order to give effect to the provisions of this Act.
Section 113. Powers of Centre to give directions.-
The Central Government may give directions to State Government as to the carrying into execution of the provisions of this Act.
Section 114. No charge for facilities and conveniences.-
Subject to the provisions of section 46 no fee or charge shall be realized from any worker in respect of any arrangement or facilities to be provided, or any equipment or appliances to be supplied by the occupier under the provisions of this Act.
Section 115. Publication of rules. –
(1) All rules made under this Act shall be published in the official Gazette and shall be subject to the condition of previous publication, and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897 (X of 1897), shall be not less than forty-five days from the date on which the draft of the proposed rules was published.
(2) Every rule made by the State Government under this Act shall be laid, as soon as may be, after it is made, before the State Legislature.
Section 116. Application of Act to Government factories.-
Unless otherwise provided this Act shall apply to factories belonging to Central or any State Government.
Section 117. Protection of the persons acting under this Act.-
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
Section 118. Restriction on disclosure of information.-
(1) No Inspector shall, while in service or after leaving the service disclose otherwise than in connection with execution, or for the purposes, of this Act, any information relating to any manufacturing of commercial business or any working process, which may come to his knowledge in the course of his official duties.
(2) Nothing in sub-section (1) shall apply to any disclosure of information made with the previous consent in writing of the owner of such business or process or for the purposes of any legal proceeding (including arbitration) pursuant to this Act or of any criminal proceeding which may be taken, whether pursuant to this Act or otherwise or, for the purposes of any report of such proceedings as aforesaid.
(3) If any Inspector contravenes the provisions of sub-section (1) he shall be punishable with imprisonment for a term, which may extend to six months or with fine, which may extend to one thousand rupees, or with both.
Section 118A. Restriction on disclosure of information.-
(1) Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this Act.
(2) No Inspector shall, while making an inspection under this Act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of a complaint:
Provided that nothing in this sub-section shall apply to any case in which the person who has made the complaint has consented to disclose his name.
Section 119. Act to have effect notwithstanding anything contained in Act 37 of 1970.-
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Contract Labour (Regulation and Abolition) Act, 1970 or any other law for the time being in force.
Section 120. Repeal and savings.-
The enactment set out in the Table appended to this section are hereby repealed:
Provided that anything done under the said enactments, which could have been done under this Act, if it had been in force, shall be deemed to have been done under this Act.