Repealed or not in force · As amended up to 2026-08
67. Whoever knowingly uses or atkeinpfs to use, tts a cerlificate granted to himself under section 52, a cqrtificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with fine which may extend to twenty rupees.
renalt for using &ae certmcate.
Penalty on guardhp guardhp
Penalty on guardhp for 68. If a child works in a factory on any day on whicll he ~u~Qt,'&'3,,loy- has already been worlring in s~nother factory, the parent or mentofachild. guardian of the child or the person having custody of or control cver him, or obtaining any direct benefit from his wages, shall be punishable with fine tvhich may extend to twenty rupees, unless it appears to the Court that the child so worked without the consent, connivance or wilful default of such parent, guardian or person.
failure to Penalty for 69. A manager of `n` factory who fails to display the notice $&W. certzln required under sub-section (1.) of section 76 or by any rule mzde under this Act, ,or to display or maintain any such notice as required by sub-section (2) of that section, shall be punishable with fine which may extend to five hundred rupees.
of petarmlnatio?, occupler petarmlnatio?, occupler occupler 70. (1) Where.the occupier of a factory is a firm or ~ t h e r for `purposes` of associatioil of individuals, any one of the individual parhers this Chapter. or members thereof may be prosecuted and punished under this Chapt.er for any offence for which the occupier of the facfory is punishable :
of petarmlnatio?, occupler petarmlnatio?, occupler occupler for `purposes` of this Chapter.
Provided that the firm or association may give notice to the Inspector that it has nominated one of its number who is resident in British India to be the occupier of the factory for the purposes of this Chapter, and such individual shail so 13ng as he is so resident be deemed to be the occupier for the purposes of this Chapter until further notice cancelling his nomination j6 received by the Inspector or until he ceases to b, a partner or member of the firm or association.
(2) Where the occupier of a factory is a company, any one of the directors thereof, or, in the case of s private company, ' any one of the shareholders thereof, lnay be prosecuted' and punished under this Chapter for any offence for which the occupier of the factory is punishable:
Provided that the company may give notice to fhe I~spector that it has nominated a director, or, in the case of a private cc;mpany, a shareholder, who is resident in either case in Bri!ish India, to be the occupier of the factory for the purposes of this Chapter, and such director or shareholder shall so long as he is so resident be deemed to be the occupier of the factory f ~ r the purposes of this Chapter until further notice cancelling his nomination is received by the Inspector or until he ceases to be a director or shareholder.
71. (1) Where
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Factories.
71. (1) Where the.occupier or manager of a factory is charged 2&",;g",id,n, Oi with an offence against this Act, he shall be entitled upon ?s;cinfrorn complaint duly made by him to have any other person whom certaincasea. he charges as the actual offender brought before the Court at the 6ime appointed for hearing tlie charge; and if, after the commission of the offence has Geen proved, the occupier or manager of the factory proves to the satisfaction of the C o u r t
(a) that he has used due diligence to enforce the cxecution of this Act, and
(b) that the said other yerson~,con~i~~itted the offence in question without hie knowledge, consent or connivance,
that other person shall be convicted of the offence and shall be liable to the 1ikeAfine as if he were the occupier or mznager, and the occupier or manager shpll be discharged from any liability under this Act.
(2) When it is made to appear to the satisfaction of the Inspector at any time prior to the institution of the proceedings-
- (a) that the occupier or manager of the factory has used all due diligence to enforce the exe.cution of this Act, and
(b) by what person the offence has been committed, and
- (c) that it has been committed without the knowledge, consent or connivance of the occupier or manager, an3 in contravention of his orders,
I I 1
the Inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the occupier or manager of the factzry, and such person shall bs liable to the like fine as if he were the occupier or manager.
Source: India Code