The East Punjab Factories (Control of Dismantling) Act, 1948
Act No. 20 of 1948
LEGISLATIVE HISTORY
• Amended in part by the Adaptation
of Laws Order, 1950
• Extended to Pepsu Territory by
Punjab Act, 23 of 1957
• Amended by Haryana Adoption of
Laws Order, 1968
Statement of Objects and Reasons
Owing to the partition of the
country and the recent communal disturbances there is a move on the part of the
factory owners to dismantle their factories and remove plant and machinery to
places outside the Province of East Punjab. Any movement of this kind will
result in the dislocation and disruption of the economic life of the Province
and bring large scale unemployment. It is, therefore, necessary to take steps
to prevent any such movement. This bill is introduced with that object in view.
Published vide East Punjab
Government Gazette Extraordinary, dated the 4th March, 1948, Page 174.
The East Punjab Factories (Control of Dismantling) Act, 1948
Received the assent of His
Excellency of Governor on the 10th April, 1948, and was first published in the
East Punjab Gazette dated the 10th April, 1948.
An Act to
control the dismantling of factories.
It is hereby enacted as follows.
1.
Short title, extent and commencement. -
(1) This Act may be called The East Punjab Factories (Control of Dismantling)
Act, 1948.
(2) It extends to the whole of the State
of Haryana.
(3) It shall come into force at
once.
(a)
"to dismantle" a factory means to remove from its position the
machinery or part of the machinery of the factory, where by such removal the
factory is rendered wholly or party useless for its purposes; 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 14th day of August, 1947, a factory as so defined;
(c)
"machinery" has the meaning assigned to that word in clause (k) of
section 2 of the [Factories Act, 1934 (XXV of 1934)].
3.
Dismantling a factory. - (1) No
person shall, without the written permission of the State Government or of an
officer authorised in this behalf by the State 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.
4. Offences by corporations. - 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 be
exercised all due diligence to prevent such contravention, be deemed to be
guilty of such contravention.
5. Powers of entry, examination,
taking evidence, etc. - (1) Subject to any rules made by
the [State] 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 State
Government 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 the 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 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
makes to such officer a statement false in a material particulars shall be
punishable with imprisonment for a term which may extend to two years or with
fine or with both.
6. Cognizance of offences. - No prosecution for any offence under this Act shall be
instituted except by or with the previous sanction of the State Government or
the officer authorised by the State Government for the purposes of sub-section
(1) of Section 3.
7. Bar of legal proceedings. - 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.
8. Power to make rules. - (1) The State 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.
Courtesy:-
Legal Point Foundation
No comments:
Post a Comment