Factories Act, 1955

Special provisions as to evidence.

112.—(1) If a person is found in a factory (not being a factory in which the only persons employed are members of the same family dwelling there) at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been then employed in the factory.

(2) Where, in any proceedings under this Act with respect to a person alleged to be a young person, the court considers that such person is apparently less than eighteen and more than fourteen years of age, it shall lie on the defendant to prove that such person is not a young person.

(3) Where any entry is required by this Act or any regulation or order made thereunder to be made in the general register or in any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any provision of this Act or any regulation or order made thereunder has not been made, shall be admissible as evidence that the provision has not been observed.