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.
7th September 2018 From India, Mumbai
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.
8th September 2018 From undefined, undefined