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Section 102 of Factories Act 1948: Power of Court to Make Orders

Section 102 (Power of Court to make orders) under Chapter X (Penalties and Procedure) of the Factories Act 1948

❝(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 or 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 therefore 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.❞




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Notes:

The Factories Act 1948 was amended by the:
- Repealing and Amending Act, 1949 (No. 40 of 1949);
- Repealing and Amending Act, 1950 (No. 35 of 1950);
- Adaptation of Laws Order, 1950 (A.O. 1950);
- Factories (Amendment) Act, 1954 (No. 25 of 1954);
- Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970 (No. 51 of 1970);
- Factories (Amendment) Act, 1976 (No. 94 of 1976);
- Factories (Amendment) Act, 1987 (No. 20 of 1987).

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