Dear Sir,
As mentioned in subject line, interested to understand completely, just i am pasting it on below the contents of the subject line... please anybody can explain in short and sweet so that i can understand.
Factories act 1948 Section 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 :-
that he has used due diligence to enforce the execution of this Act, and
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.
Factories Act: Sec 88 Notice of certain accident:-
0[(1)] Where in any factory an accident occurs which causes death, or which causes bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, in such form and within such time, as may be prescribed.
41[(2)] Where a notice given under sub-section (1) relates to an accident causing death, the authority to whom the notice is sent shall make an injury into the occurrence within one month of the receipt of the notice or if any such authority is not the Inspector,cause the Inspector,to make an inquiry within the said period.
(3) The ![State] Government may make rules for regulating the procedure at inquiries under this section.]
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1As mentioned in subject line, interested to understand completely, just i am pasting it on below the contents of the subject line... please anybody can explain in short and sweet so that i can understand.
Factories act 1948 Section 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 :-
that he has used due diligence to enforce the execution of this Act, and
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.
Factories Act: Sec 88 Notice of certain accident:-
0[(1)] Where in any factory an accident occurs which causes death, or which causes bodily injury by reason of which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, in such form and within such time, as may be prescribed.
41[(2)] Where a notice given under sub-section (1) relates to an accident causing death, the authority to whom the notice is sent shall make an injury into the occurrence within one month of the receipt of the notice or if any such authority is not the Inspector,cause the Inspector,to make an inquiry within the said period.
(3) The ![State] Government may make rules for regulating the procedure at inquiries under this section.]
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The two provisions are not inter-related and hence dealt with separately:
1. Section 101 deals with exemption of Factory Occupier or Manager from liability in prosecution proceedings: This clause is attracted where Factory Occupier or Manager is charged with violation of the Factory Act provisions. They can plead before the court, 'I am not responsible, Mr. X is responsible'. Such a person will be held responsible if the commission of offence is proved. Before the plea is taken up the Factory Occupier or Manager has to give three days clear notice to the Public Prosecutor nominated by the State in the matter. Still such Factory occupier or Manager has to prove that he has used due diligence to enforce the execution of this Act, and that the said other person committed the offence in question without his knowledge, consent or connivance, and that other person shall be convicted of the offence and such person shall be liable to the punishment as if he were the occupier or manager of the factory.
The person charged as the actual offender by the occupier or manager has to be brought before the court at the time appointed for hearing the charge, and at any rate within a period of three months. I f 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.
2. Notice of Accident - Section Sec 88
It specifically provides that if as a result of any accident, if injury is caused to a person by which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or if the accident is of such nature as is prescribed in this behalf in the Rules, the manager of the factory shall send notice thereof as per the Rules in this regard.
In case of death, the Factory Inspector has to hold an inquiry into the accident within one month of the accident.
In this regard the Rules applied by the respective State Government is very important and it provides the operational guidelines which have to be adhered.
From India, Mumbai
1. Section 101 deals with exemption of Factory Occupier or Manager from liability in prosecution proceedings: This clause is attracted where Factory Occupier or Manager is charged with violation of the Factory Act provisions. They can plead before the court, 'I am not responsible, Mr. X is responsible'. Such a person will be held responsible if the commission of offence is proved. Before the plea is taken up the Factory Occupier or Manager has to give three days clear notice to the Public Prosecutor nominated by the State in the matter. Still such Factory occupier or Manager has to prove that he has used due diligence to enforce the execution of this Act, and that the said other person committed the offence in question without his knowledge, consent or connivance, and that other person shall be convicted of the offence and such person shall be liable to the punishment as if he were the occupier or manager of the factory.
The person charged as the actual offender by the occupier or manager has to be brought before the court at the time appointed for hearing the charge, and at any rate within a period of three months. I f 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.
2. Notice of Accident - Section Sec 88
It specifically provides that if as a result of any accident, if injury is caused to a person by which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or if the accident is of such nature as is prescribed in this behalf in the Rules, the manager of the factory shall send notice thereof as per the Rules in this regard.
In case of death, the Factory Inspector has to hold an inquiry into the accident within one month of the accident.
In this regard the Rules applied by the respective State Government is very important and it provides the operational guidelines which have to be adhered.
From India, Mumbai
Thanks sir,, Much appreciated..In Section 88... Examples: If person got injured means he lost his hand, in this case when we have to inform to factories inspector ?? please explain time frame for above case .
example 2: in case of fatality within premises then when shall be informed to factories inspector within time frame or in which form or who is responsible person to inform incidents to factory inspectors.
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example 2: in case of fatality within premises then when shall be informed to factories inspector within time frame or in which form or who is responsible person to inform incidents to factory inspectors.
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