Section 42

Chapter VIII: . PENALTIES AND PROCEDURE. | Section 42: (1) Where the occupier or manager of a factory is charged with an offence against this Act, he shall Exemption of occupier or manager 156 Factories. [ACT XII (Chapter VIII CHAPTER VIII. PENALTIES AND PROCEDURE. Penalties. 41. If in any factory— (a) any person is employed or allowed to work contrary to any of the provisions of this Act; (b) any 1911.] Factories. 155 (Chapter VIII.—Penalties and Procedure.) (b) any of the provisions of section 9 are not complied with; (c) latrine or urinal accommodation in accordance with the provisions of section 13 is not provided; (d) a supply of water for the persons employed is not maintained in accordance with the provisions of section 14; (e) any door is constructed in contravention of section 15; (f) any of the provisions of section 18, subsections (1), (3) and (4), regarding fencing and the protection from danger of persons employed in attending to the machinery or boilers are not complied with; (g) any order of an inspector under section 10, section 11, section 12, section 16 or section 18 is not complied with; (h) the register prescribed by section 35 is not kept up to date; (i) any of the provisions of section 36 are not complied with; (j) any notice or return required by this Act or by rules made thereunder to be furnished is not furnished; the occupier and manager shall be jointly and severally liable to a fine which may extend to two hundred rupees: Chapter VIII: . PENALTIES AND PROCEDURE. | Section 42: (1) Where the occupier or manager of a factory is charged with an offence against this Act, he shall Exemption of occupier or manager 156 Factories. [ACT XII (Chapter VIII Provided that in cases where an appeal is allowed by section 50 no prosecution under clause (g) of this section shall be instituted until either the time prescribed by section 50 for the presentation of an appeal has expired or such appeal, if made, has been determined. 42. (1) Where the occupier or manager of a factory is charged with an offence against this Act, he shall Exemption of occupier or manager 156 Factories. [ACT XII (Chapter VIII.—Penalties and Procedure.) from liability in certain cases. shall be entitled upon complaint duly made by him 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 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 fine as if he were the occupier or manager, and the occupier or manager shall 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— Chapter VIII: . PENALTIES AND PROCEDURE. | Section 42: (1) Where the occupier or manager of a factory is charged with an offence against this Act, he shall Exemption of occupier or manager 156 Factories. [ACT XII (Chapter VIII (a) that the occupier or manager of the factory has used all due diligence to enforce the execution 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, and in contravention of his orders, 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 factory, and such person shall be liable to the like fine as if he were the occupier or manager. Penalties for certain offences.