2.

General penalty for offences Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if in, or in respect of, any factory there is an contravention of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to 49[two years] or with fine which may extend to 50[one lakh rupees] or with both, and if the contravention is continued after conviction, with as further fine which may extend to 51[one thousand rupees] for each day on which the contravention is so continued.
53

[Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than 52[twenty-five thousand rupees] in the case of an accident causing death, and 52a[five thousand rupees] in the case of an accident causing seriousbodily injury.
54

Explanation In this section and in section 94 "serious bodily injury" means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of and phalanges of the hand or foot.] [93. Liability of owner of premises in certain circumstances (1) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation. (2) The Chief Inspector shall have, subject to the control of the State Govern- ment, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (1). (3) Where in any premises, independent or self-contained, floor or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of :i. latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned; fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier; safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages; precaution, in case of fire ; maintenance of hoists and lifts; and

ii.

iii.

iv. v.

vi.

maintenance of any other common facilities provided in the premises.

(4) The Chief Inspector shall have, subject to the control of the State Govern- ment, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (3). (5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupier, for use as separate factories : Provided that the owner shall be responsible also for complying with the requirements relating to the provisions and maintenance of latrines, urinals and washing facilities. (6) The Chief Inspector shall have, subject to the control of the State Govern- ment, the power to issue orders to the owner of the premises referred to in sub-section(5) in respect of the carrying out of the provisions of section 46 or section 48. (7) Where in any premises, portions of a room or a shed are leased to different occupiers, for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of :(i) Chapter III, except sections 14 and 15; (ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36 ; Provided that in respect of previsions of sections 21, 24 and 32 the owner's liability shall be only in so far as such provisions relate to things under his control : Provided further that the occupier shall be responsible for complying with the provisions of Chapter IV in respect of plant and machinery belonging to or supplied by him ; (iii) section 42. (8) The Chief Inspector shall have, subject to the control of the State Govern- ment, power to issue orders to the owner of premises in respect of the carrying out of the provisions of sub-section (7). (9) In respect of sub-sections (5) and (7), while computing for the purposes of any of the provisions of this Act the total number of workers employed, the whole of the premises shall be deemed to be a single factory.] [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 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. 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, ot an attempt to use it to be made by, another person, shall be punishable with imprisonment for a term, which may extend to70[two months] or with fine which may extend to 71[one thousand rupees] or with both. 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 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 were 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 Ac t 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 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 87. Dangerous operations Where the State Government is of opinion that any 35[manufacturing process or operation] carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it

may order or make rules applicable to any factory or class or description of factories in which 36[manufacturing process or operation] is carried on :a. specifying the 36[manufacturing process or operation] and declaring it to be dangerous ; b. prohibiting or restricting the employment of women, adolescents or children in the 36[manufacturing process or operation]; c. providing for the periodical medical examination for persons employed or seeking to be employed, in the 36[manufacturing process or operation], and prohibiting the employment of persons not certified as fit for such employment 37[and requiring the payment by the occupier of the factory of the factory of fees for such medical examination]. d. providing for the protection of all persons employed in the 36[manufac- turing process or operation] or in the vicinity of the places where it is carried on; e. prohibiting, restricting or controlling the use of any specified materials or process in connection with the 36[manufacturing process or operation]; f.
38

[(f) requiring the provision of additional welfare amenities and sanitary facilities and the supply of protective equipment and clothing, and laying down the standards thereof, having regard to the dangerous nature of the manufacturing process or operation];
39

g.

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