Daily Email Newsletter (Sign-up Free)

Section 100, Factories Act 1948: Determination of Occupier in Certain Cases

Section 100 (Determination of occupier in certain cases) under Chapter X (Penalties and Procedure) of the Factories Act 1948

❝(1) Where the occupier of a factory is a firm or other association of individuals, any one of the individual partners or members thereof may be prosecuted and punished under this Chapter for any offence for which the occupier of the factory is punishable :

 Provided that the firm or association may give notice to the Inspector that it has nominated one of its members, residing within India to be the occupier of the factory for the purposes of this Chapter, and such individual shall, so long as he is so resident, be deemed to be the occupier of the factory for the purposes of this Chapter, until further notice cancelling his nomination is received by the Inspector or until he ceases to be a partner or member of the firm or association.

(2) Where the occupier of a factory is a company, any of the directors thereof, may 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 the inspector that it has nominated a director, who is resident within India, to be the occupier of the factory for the purposes of this Chapter, and such director shall, so long as he is so resident, be deemed to be the occupier of the factory for the purposes of this Chapter, until further notice cancelling his nomination is received by the Inspector or until he ceases to be a director:

 Provided further that in the case of a factory belonging to the Central Government or any State Government or any local authority, the person or persons appointed to manage the affairs of the factory shall be deemed to be the occupier of that factory for the purposes of this Chapter.

(3) Where the owner of any premises or building referred to in Section 93 is not an individual, the provisions of this section shall apply to such owner as they apply to occupiers of factories who are not individuals.❞




.........................................................

Imp. Note:

Section 100 of the Factories Act 1948 was OMITTED by the Factories (Amendment) Act, 1987 (No. 20 of 1987), sec. 38 (w.e.f. 1-12-1987).

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.