The East Punjab Factories (Control of Dismantling) Act, 1948

1948 : East Pb. Act XX] FACTORIES (CONTROL OF 203 DISMANTLING) T DISMANTLING § ARIES CONTROL OF

' TABLE OF CONTENTS.

In this Act, unless there is anything repugnant in the subject or context,— (a) “to dismantle” a factory means to remove from its position the machinery or part of the machinery of the factory, whereby such removal the factory is rendered wholly or partly useless for its purpose; but does not include any temporary removal within the premises of the factory of the machinery or part of the machinery for purposes such as adjustment, cleaning and repairs; (b) “factory” means a factory as defined in clause (j) of section 2 of the Factories Act, 1934 (XXV of 1934), but includes also any premises which were at any time, after the 15th day of August, 1947, a factory as so defined; (c) “manager” has the meaning assigned to the manager in the Factories Act, 1934 (XXV of 1934).

(1) No person shall, without the written permission of the Central Government or of an officer authorised in this behalf by the Central Government, dismantle any factory or remove from a factory any spare parts kept for maintaining the machinery of the factory in order. (2) Whoever contravenes any of the provisions of sub-section (1) shall be punished with imprisonment which may extend to two years or with fine or with both.

If the person contravening any of the provisions of sub-section (1) of section 3 is a company or other corporate body, every director, manager or secretary or other officer or agent thereof, shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention be deemed to be guilty of such contravention.

(1) Subject to any rules made by the Central Government, any officer authorised in this behalf by that Government may, if he has reason to believe that any person has contravened any of the provisions of sub-section (1) of section 3 within the local limits for which he is so authorised,— (a) enter with such assistants (if any), being persons in the service of the Central Government, as he thinks fit, any place; (b) make such examination of the place and of any machinery, books or documents therein and take on the spot or elsewhere such evidence of any persons as he may deem necessary for carrying out the purposes of this Act: and (c) exercise such other powers as may be necessary for carrying out the purposes of this Act: Provided that no one shall be required under this section to answer any question or to give any evidence tending to incriminate himself. (2) Whoever wilfully obstructs an officer authorised under sub-section (1) in the exercise of any power conferred by that sub-section, or fails to produce on demand any book or document in his custody or to comply with any demand for information or knowingly or recklessly make to such officer a statement false in a material particular shall be punishable with imprisonment which may extend to two years or with fine or with both.

No prosecution for an offence under this Act shall be instituted except by or with the previous sanction of the Central Government or the officer authorised by the Central Government for the purposes of sub-section (1) of section 3.

No suit, prosecution, or other legal proceedings shall lie against any person for anything which is in good faith done, or intended to be done, under this Act.

(1) The Central Government may make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide— (a) the procedure for the grant of the permission referred to in sub-section (1) of section 3; (b) for an appeal against a refusal to grant the permission referred to in sub-section (1) of section 3 when such refusal is by an officer authorised in pursuance of that section; and (c) for regulating the manner in which officers authorised under sub-section (1) of section 5 shall exercise their powers.

Short title, extent and commencement .