Section 69: Offences.
(1) In the event of any contravention in or in connection with or in relation to a factory of the provisions of this Act or of any regulation or order made thereunder, the occupier, or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner, of the factory shall, subject as hereafter in this Act provided, be guilty of an offence under this Act.
(2) In the event of a contravention by an employed person of the provisions of Part VIII of this Act with respect to duties of a person employed, or of a contravention by any person of any regulation or order made under this Act which expressly imposes any duty upon him, that person shall be guilty of an offence and the occupier or the owner, as the case may be, shall not be guilty of an offence by reason only of the contravention of the said provisions of Part VIII of this Act, or the contravention of the provisions imposing the said duty, as the case may be, unless it is proved that he failed to take all reasonable steps to prevent the contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matter by virtue of some provisions other than the provisions or provision aforesaid.
(3) If the occupier of a factory avails himself of any special exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act.
(4) If any persons are employed in a factory otherwise than in accordance with the provisions of this Act or of any regulation or order made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed.
(5) Where an offence under this Act is committed by a body corporate, firm, co-operative society or other association of individuals-
(a) every director, manager, secretary or other similar officer of the body corporate;
(b) every partner or officer of the firm;
(c) every person concerned in the management of the affairs of the co-operative society or association; or
(d) every person who was purporting to act in such capacity as aforesaid,
shall severally be guilty of that offence and liable to be proceeded against in like manner as if he had committed the offence, unless he proves that the act or commission constituting the offence took place without his knowledge, consent, connivance or neglect.
Cite this section
Section 69, FACTORIES ACT (1987).
https://repo.podus.ai/laws/factories-act/section/69/