THE EAST PUNJAB FACTORIES (CONTROL OF DISMANTLING) ACT, 1948

1948 : East Pb. Act XX] FACTORIES (conTROL OF 203 DISMANTLING) THE EAST PUNJAB FACTORIES (C L DISMANTLING ) ACT, 194%. ONTROL, OF TABLE OF CONTENTS. Sections. 1. Short title, extent and commencement . 2. Definitions. 3. Dismantling a factory. 4. Offences by corporations. 5. Powers of entry, examination, taking evidence, etc. 6. Cognizance of offences. 7. Bar of legal procecdings. 8. Power to make rules. |l 1948 : Bast Pb. Act XX.] FACTORIES (CONTROL OF 205 DISMANTLING) E EAST PUNJAB FACTORIES "TH DISMANTLING) ACT, (G ROL OF dE:}st PunjabfA}cIt No. XX of 1948, Received the assent of His Excellency the G [ g,e 10}1)h {11;;1/,6 1948, and gas first publis‘;t‘;i;"'i;)zr IZZ ast Punjab Government Gazette (Ext i ot 48 ette (Extraordinary) of 1 2 3 4 Year No. Short title Whether repealed or otherwise affected by legislation — . N 1948 XX | East Punjab Factories | Amended in part by the Adaptation (Control of Dismant- of Laws Order, 1950 ling) Act, 1948 R Extend to the territorics, which imme- ! i | diately before the 1st November, . 1956, were comprised in the State of Patiala aad East Punjab States Union by Punjab Act 23 of 1957.2 Amended by the Punjab Re-organisa- tion (Chandigarh) (Adaptation of 1 | Laws on State and Concurrent Sub- jects) Order, 1968. s | 3 An Act to control the dismantling of factories. It is hereby enacted as follows:— 1. (1) This Act may be called the East Punjab Short title, extent Factories (Control . of Dismantling) Act, 1948. and commencement. (2) It extends to the whole of the 3[Union Territory of Chandigarh]. (3) It shall come into force at once. 3. In this Act, unless there is anything repugna nt in pefinitions. the subject or context,— (@) “to dismantle” a factory means to remove from its position the machinery or part of the machinery of the factory, where by such re- moval the factory is rendered wh olly or partly useless for its purpose; but does n ot include any temporary removal within the premises of the factory of the machinery or part of the machinery for purposes s uch as adjustment, cleaning and repairs; \ . N s, (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 premig:(s which were at any time, after the l {th day of August, 1947, a factory as so defined ; _ .. For Statement of Objects and Reasons, see East Punjab Government_Gaze tte &gfi’ ordinary), 1948, pago. 174 : for proceodings in _Assembly, sc¢ R ative Assembly Debates, Volume II, 1948, pages 957—60. ¢ Gazette (Exira T OF Statement of objects and Reasons, se¢ Punjab Goyernme™ a§§dlna,ry) 1957, page 689- (Changsubstituted for the words “State of Punjab” by the P figarh) (Adaptation of Laws on State ant Concurrent Sul See now the Factories Act, 1948 (Act LXTIT of 1968. A4 :ab Re-organisation u:j"ccts) Order, 1968. ' . TROL OF [1948 : East Pb, Ay ‘ CON Xx 206 FACTOSII::M(NTUNG) . . » has the me_aning assigned tq th Aot 1934 (XXV of 1934). Act, 193 ithout the written ; " ; erson shall, withou Permis, factor e sion36f (t]lzeNg[é)entral Government] or of an Offwerl)% iced in thi alf by the *[Central Governmem, g_uthorlsled’ in tgit;?yhol‘ relynove from a factory any spage ismantle any g the machinery of the factory j parts kept for maintainin, ordeé'.z) Whoever contravenes any of the provisions of sub-section (I) shall be punished with imprisonment . which may extend to two years or with f mc} olrl with both. Offences by corpo. 4. If the person contravening any of the 1E‘)rowswns redons of sub-section (/) of section 3 is a company or other corpo- rate 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 contraven- ,tion be deemed to be guilty of such contravention. cxamination, e 5. (1) Subject to any rules made by the [Central videncs, s, " i ised in this behalf by that evidence, etc. Government], any officer authorised in this e y Government may, if he has reason to believe that any person has contravened any of the provisions of sub- section (/) of section 3 within the local limits for which he is so authorised,— (a) enter with such assistants (if any), being per- sons 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 neces- sary for carrying out the purposes of this Act: Provided that no one shaj be required under this sec- tion to answer any question or gjy, i i 1 to an T e tendin to incriminate himself, 7 5 deice ’ (2) Whoever wilfully obstructs an officer authorised S 1See now the Factories Act, 1948 (Act LXTII of 1948) “Substituted for the words “Si Rante . isati (Chandigarh) (Adaptation of Laws ongtl:leG 3:3"’ Concmen;ngzt !sh:bl’mum)abolis;t:rglagrgss’a('a" 1948 : East Pb. Act XX.] FACTORIES (contRoL oF Doy OF 207 ander sub-section (I) in the exercise ferred by that sub-section, or fails to pgdfigg power con- any bookor document in his custody or to co 0‘1’ demang demand for information or knowingly or reéllg) y with any {0 such officer a statement false in essly make { Late] a materi : be pumshable with imprisonment foz;l?‘?ér pamcu!ar shall extend to two years or with fine or with b(r)it]h which may 6. No prosecution for an No, y offence i i shall be instituted except by or with the prelifrilgsg ;glsctfifr: SE;&;‘:““" ” of the }[Central Government] or the officer authorised by the }[Central Govern (0 o[f section 3. ment] for the purposes of sub-section 7. No suit, prosecution, or . . ) other legal proceedi shall lie against any J)erson for anything W%licfi) is Cieneglonogg p]r;::eediggs. faith done, or intended to be done, under this Act legal 8. (1) The }[Central Government for carrying out the purposes of this Agt.may make rules* e _(2) In particular and without prejudice to the - rality of the foregoing power such rules may providc-gjne (@) the procedure for the grant of the permission referred to in sub-section (I) of section 3; (b) for an appeal against a refusal to g rant the permission referred to in sub-section (I) of section 3 when such refusal is by an officer authorised in pursuance of that section ; and (¢) for regulating the manner_in which officers authorised under sub-sect ion (I) of section 5 shall exercise their powers. . 1Substituted for the words “State Government” by the Punjab Re-0rganisa- ‘1‘905“3 (Chandigarh) (oAdapt aggn t:f Laws on State an d Concurrent Subjects) Order, ‘For rules, see Punjab Governmen t Notification _ No. 7138-LP-50/ 3328' dated 7th'0cto&“i. t 1950, published in the E ast Punjab Government G azette, . Part 1, pagos 1007-08.