92. General penalty for offences.—Save as is otherwise expressly provided in this Act and subject
to the provisions of section 93 , if in, or in respect of, any factor there is any contravention of any of the
1. Ins. by Act 94 of 1976, s. 39 (w.e.f. 26-10-1976).
2. Ins. by Act 20 of 1987, s. 29 (w.e.f. 1-12-1987).
48
provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the
occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment
for a term which may extend to 1
[two years] or with fine which may extend to 2
[one lakh rupees] or with
both, and if the contravention is continued after conviction, with a further fine which may extend to3
[one
thousand rupees] for each day on which the contravention is so continued:
4
[Provided that where contravention of any of the provisions of Chapter IV or any rule made
thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine
shall not be less than 5
[twenty-five thousand rupees] in the case of an accident causing death, and 6
[five
thousand rupees] in the case of an accident causing serious bodily injury.
Explanation.—In this section and in section 94 “serious bodily injury” means an injury which
involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any
limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any bone, but shall not
include, the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges
of the hand or foot.]
STATE AMENDMENTS
Maharashtra
Insertion of section 92A in 63 of 1948.—After section 92 of the principal Act, the following section
shall be inserted, namely:—
92A. Compounding of certain offences.—(1) The State Government may, by notification in the
Official Gazette, prescribe in respect of the offences specified in the Fourth Schedule, which may before
the institution of the prosecution, be compounded by such officer not below the rank of Deputy Chief
Inspector of Factories and for such amount as may be prescribed but the amount of fine shall not be more
than the fine prescribed under section 92:
Provided that, the State Government may, by notification in the Official Gazette, amend the Fourth
Schedule by way of addition, omission or variation of any offence specified in the said Schedule.
(2) Where an offence has been compounded under sub-section (1), no further proceedings shall be
taken against the offender in respect of such offence.”.
[Vide Maharashtra Act 40 of 2015, s. 7].
7
[93. Liability of owner of premises in certain circumstances.—(1) Where in any premises
separate buildings are leased to different occupiers for use as separate factories, the owner of the premises
shall be responsible for the provision and maintenance of common facilities and services, such as
approach roads, drainage, water supply, lighting and sanitation.
(2) The Chief Inspector shall have, subject to the control of the State Government, power to issue
orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (1).
(3) Where is any premises, independent or self-contained, floors or flats are leased to different
occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier
or manager of a factory, for any contravention of the provisions of this Act in respect of—
(i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of
water for these purposes is concerned;
(ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the
custody or user of an occupier;
1. Subs. by Act 20 of 1987, s. 30, for “three months” (w.e.f. 1-12-1987).
2. Subs. by s. 30, ibid., for “two thousand rupees” (w.e.f. 1-12-1987).
3. Subs. by s. 30, ibid., for “seventy-five rupees” (w.e.f. 1-12-1987).
4. Ins. by Act 94 of 1976, s. 40 (w.e.f. 26-10-1976).
5. Subs. by Act 20 of 1987, s. 30, for “one thousand rupees” (w.e.f. 1-12-1987).
6. Subs. by s. 30, ibid., for “five thousand rupees” (w.e.f. 1-12-1987).
7. Subs. by Act 25 of 1954, s. 21, for section 93 (w.e.f. 7-5-1954).
49
(iii) safe means of access to the floors or flats and maintenance and cleanliness of staircases and
common passages;
(iv) precautions in case of fire;
(v) maintenance of hoists and lifts; and
(vi) maintenance of any other common facilities provided in the premises.
(4) The Chief Inspector shall have, subject to the control of the State Government, power to issue
orders to the owner of the premises in respect of the carrying out the provisions of sub-section (3).
(5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in any
premises independent rooms with common latrines, urinals and washing facilities are leased to different
occupiers for use as separate factories:
Provided that the owner shall be responsible also for complying with the requirements relating to the
provision and maintenance of latrines, urinals and washing facilities.
(6) The Chief Inspector shall have, subject to the control of the State Government, the power to issue
orders to the owner of the premises referred to in sub-section (5) in respect of the carrying out of the
provisions of section 46 or section 48.
(7) Where in any premises portions of a room or a shed are leased to different occupiers for use as
separate factories, the owner of the premises shall be liable for any contravention of the provisions of—
(i) Chapter III, except sections 14 and 15;
(ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36:
Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only
in so far as such provisions relate to things under his control:
Provided further that the occupier shall be responsible for complying with the provisions of Chapter
IV in respect of plant and machinery belonging to or supplied by him;
(iii) section 42.
(8) The Chief Inspector shall have, subject to the control of the State Government, power to issue
orders to the owner of the premises in respect of the carrying out the provisions of sub-section (7).
(9) In respect of sub-sections (5) and (7), while computing for the purposes of any of the provisions of
this Act the total number of workers employed, the whole of the premises shall be deemed to be a single
factory.]
94. Enhanced penalty after previous conviction.—1
[(1)] If any person who has been convicted of
any offence punishable under section 92 is again guilty of an offence involving a contravention of the
same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which
may extend to2
[three years] or with fine3
[which shall not be less than4
[ten thousand rupees] but which
may extend to5
[two lakh rupees]] or with both:
6
[Provided that the court may, for any adequate and special reasons to be mentioned in the judgment,
impose a fine of less than4
[ten thousand rupees]:
Provided further that where contravention of any of the provisions of Chapter IV or any rule made
thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine
1. Section 94 renumbered is sub-section (1) thereof by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976).
2. Subs. by Act 20 of 1987, s. 31, for “six months” (w.e.f. 1-12-1987).
3. Subs. by Act 94 of 1976, s. 41, for “which may extend to one thousand rupees” (w.e.f. 26-10-1976).
4. Subs. by Act 20 of 1987, s. 31, for “two hundred rupees” (w.e.f. 1-12-1987).
5. Subs. by s. 31, ibid., for “five thousand rupees” (w.e.f. 1-12-1987).
6. Subs. by Act 94 of 1976, s. 41, for the proviso (w.e.f. 26-10-1976).
50
shall not be less than1
[thirty-five thousand rupees] in the case of an accident causing death and2
[ten
thousand rupees] in the case of an accident causing serious bodily injury.]
3
[(2) For the purposes of sub-section (1) no cognizance shall be taken of any conviction made more
than two years before the commission or the offence for which the person is subsequently being
convicted.]
95. Penalty for obstructing Inspector.—Whoever willfully obstructs an Inspector in the exercise of
any power conferred on hi m by or under this Act, or fails to produce on demand by an Inspector any
registers or other documents in his custody kept in pursuance of this Act or of any rules made thereunder,
or conceals or prevents any worker in a factory from appearing before, or being examined by, a n
Inspector, shall be punishable with imprisonment for a term which may extend to4
[six months] or with
fine which may extend to5
[ten thousand rupees] or with both.
96. Penalty for wrongfully disclosing results of analysis under section 91.—Whoever, except in so
far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act,
publishes or discloses to any person the results of an analysis made under section 91, shall be punishable
with imprisonment for a term which may extend to6
[six months] or with fine which may extend to7
[ten
thousand rupees] or with both.
8
[96A. Penalty for contravention of the provisions of sections 41B, 41 C and 41 H.—(1) Whoever
fails to comply with or contravenes any of the provisions of section 41B , 41 C or 41 H or the rules made
thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term
which may extend to seven years and with fine which may extend to two lakh rupees, and in case the
failure or contravention continues, with additional fine which may extend to five thousand rupees for
every day during which such failure or contravention continues after the conviction for the first such
failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year
after the date of conviction, the offender shall be punishable with imprisonment for a term which may
extend to ten years.]
97. Offences by workers.—(1) Subject to the provisions of section 111 , if any worker employed in a
factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty
or liability on workers, he shall be punishable with fine which may extend to9
[five hundred rupees].
(2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or
manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention,
unless it is proved that he failed to take all reasonable measures for its prevention.
98. Penalty for using false certificate of fitness.—Whoever knowingly uses or attempts to use, as a
certificate of fitness granted to himself under section 70 , a certificate granted to another person under that
section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it
to be made, by another person, shall be punishable with imprisonment for a term which may extend
to10[two months] or with fine which may extend to11[one thousand rupees] or with both.
99. Penalty forpermitting double employment of child.—If a child works in a factory on any day
on which he has already been working in another factory, the parent or guardian of the child or the person
having custody of or control over hi m or obtaining any direct benefit from his wages, shall be punishable
1. Subs. by Act 20 of 1987, s. 31, for “two thousand rupess” (w.e.f. 1-12-1987).
2. Subs. by s. 31, ibid., for “one thousand rupees” (w.e.f. 1-12-1987).
3. Ins. by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976).
4. Subs. by Act 20 of 1987, s. 32, for “three months” (w.e.f. 1-12-1987).
5. Subs. by s. 32, ibid., for “five thousand rupees” (w.e.f. 1-12-1987).
6. Subs. by s. 33, ibid., for “three months” (w.e.f. 1-12-1987).
7. Subs. by s. 33, ibid., for “five hundred rupees” (w.e.f. 1-12-1987).
8. Ins. by s. 34, ibid. (w.e.f. 1-12-1987).
9. Subs. by s. 35, ibid., for “twenty rupees” (w.e.f. 1-12-1987).
10. Subs. by s. 36, ibid., for “one month” (w.e.f. 1-12-1987).
11. Subs. by s. 36, ibid., for “fifty rupees” (w.e.f. 1-12-1987).
51
with fine which may extend to1
[one thousand rupees], unless it appears to the Court that the child so
worked without the consent or connivance of such parent, guardian or person.
100.[Detention of occupier in certain cases.]Rep. by the Factories (Amendment) Act, 1987 (20 of
1987),s. 38 (w.e.f. 1-12-1987).
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 untitled, 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 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, as the case may be, 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 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 Act 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 of 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.
102. Power of Court to make orders.—(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.
103. Presumption as to employment.—If a person is found in a factory at any time, except during
intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the
contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at
that time employed in the factory.
104. Onus as to age.—(1) When any act or omission would, if a person wear under a certain age, be
an offence punishable under this Act, and such person is in the opinion of the Court prima facie under
such age, the burden shall be on the accused to prove that such person is no under such age.
1. Subs. by Act 20 of 1987, s. 37, for “fifty rupees” (w.e.f. 1-12-1987).
52
(2) A declaration in writing by a certifying surgeon relating to a worker that he has personally
examined him and believes him to be under the age stated is such declaration shall, for the purposes of
this Act and the rules made thereunder, be admissible as evidence of the age of that worker.
1
[104A. Onus of proving limits of what is practicable, etc.—In any proceeding for an offence for
the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply
with a duty or requirement to do something, it shall be for the person who is alleged to have failed to
comply with such duty or requirement, to prove that it was not reasonably practicable or, as the case may
be, all practicable measures were taken to satisfy the duty or requirement.]
105. Cognizance of offences.—(1) No Court shall take cognizance of any offence under this Act
except on complaint by, or with the previous sanction in writing of, an Inspector.
(2) No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any
offence punishable under this Act.
STATE AMENDMENTS
Maharashtra
Amendment of section 105 of 63 of 1948.—In section 105 of the principal Act, in sub-section (1),
for the words “an Inspector” the words “the Chief Inspector” shall be substituted.
[Vide Maharashtra Act 40 of 2015, s. 8].
Rajasthan
Amendment of section 105, Central Act No. 63 of 1948.- For the existing sub-section (1) of section
105 of the principal Act, the following shall be substituted, namely:-
"(1) No Court shall take cognizance of any offence under this Act except on complaint by an
Inspector with the previous sanction in writing by the State Government.".
[Vide Rajasthan Act 20 of 2014, s. 4]
106. Limitation of prosecutions.—No Court shall take cognizance of any offence punishable under
this Act unless complaint thereof is made within three months of the date on which the alleged
commission of the offence came to the knowledge of an Inspector:
Provided that where the offence consists of disobeying a written order made by an Inspector,
complaint thereof may be made within six months of the date on which the offence is alleged to have
been committed.
2
[Explanation.—For the purposes of this section,—
(a) in the case of a continuing offence, the period of limitation shall be computed with reference
to every point of time during which the offence continues;
(b) where for the performance of any act time is granted or extended on an application made by
the occupier or manager of a factory, the period of limitation shall be computed from the date on
which the time so granted or extended expired.]
3
[106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.—For the purposes
of conferring jurisdiction on any court in relation to an offence under this Act or the rules made
thereunder in connection with the operation of any plant, the place where the plant is for the time being
situate shall be deemed to be the place where such offence has been committed.]
STATE AMENDMENTS
Uttar Pradesh
Insertion of new section 106-A in Act No. 63 of 1948.—In Chapter X of the Factories Act, 1948,
after section 106, the following section shall be inserted, namely:—
“106-A.—Compounding of offences.— The Inspector may, subject to any general or special order of
the State Government in this behalf compound any offence punishable under this Act with fine only
1. Ins. by Act 20 of 1987, s. 39 (w.e.f. 1-12-1987).
2. Ins. by Act 94 of 1976, s. 43 (w.e.f. 26-10-1976).
3. Ins. by Act 20 of 1987, s. 40 (w.e.f. 1-12-1987).
53
committed for the first time, either before or after the institution of the prosecution, on realization of such
amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the
offence; and where the offence is so compounded —
(i) before the institution of the prosecution, the offender shall not be liable to prosecution for such
offence and shall, if in custody, be set at liberty;
(ii) before the institution of the prosecution, the composition shall amount to acquittal of the
offender.”
[Vide Uttar Pradesh Act 35 of 1979, s. 4].
Rajasthan
Insertion of new section 106B, Central Act No. 63 of 1948.- After the existing section 106A
and before the existing section 107 of the principal Act, the following shall be inserted, namely:-
"106B. Compounding of offences.- The Inspector may, subject to any general or special order of the
State Government in this behalf, compound any offence punishable under this Act with fine only, and
committed for the first time, either before or after the institution of the prosecution, on realisation of such
amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence;
and where the offence is so compounded,-
(i) before the institution of the prosecution, the offender shall not be liable to prosecution, for
such offence and shall, if in custody, be set at liberty;
(ii) after the institution of the prosecution the composition shall amount to acquittal of the
offender.".
[Vide Rajasthan Act 20 of 2014, s. 5]