Factories Act, 1955

Prosecution of offences, etc.

110.—(1) Any offence under this Act may be prosecuted by the Minister.

(2) Where an offence under this Act consists of a contravention of a provision which is to be enforced by a sanitary authority, the offence may be prosecuted by the sanitary authority.

(3) It shall be sufficient in a summons in respect of an offence under this Act to allege that the factory is a factory within the meaning of this Act and to state the name of the ostensible occupier of the factory or, where the occupier is a firm, the name of the firm.

(4) Where, with respect to or in consequence of any accident in a factory, a report is made by the tribunal or court appointed to hold a formal investigation under this Act or under the Boiler Explosions Acts, 1882 and 1890, or a coroner's inquest is held, and it appears from the report, or from the proceedings at the inquest, that any of the provisions of this Act or any regulation or order made thereunder was not complied with at or before the time of the accident, summary proceedings against any person liable to be proceeded against in respect of such non-compliance may be commenced at any time within three months after the making of the report or the conclusion of the inquest.

(5) Where any offence is committed under this Act by reason of a failure to make an examination, enter a report or do any other thing, at or within a time specified by this Act or any regulation or order made thereunder, the offence shall be deemed to continue until the examination is made, the report entered or the other thing done, as the case may be.