The Factories Act

General penalty for offences

Liability of owner of premises in certain circumstances

Enhanced penalty after previous conviction

Penalty for obstructing Inspector

Penalty for wrongfully disclosing results of analysis under section 91

Penalty for contravention of the provisions of sections 41B, 41C and 41H

Offences by workers

Penalty for using false certificate of fitness

Penalty for permitting double employment of child

Repealed

Exemption of occupier or manager from liability in certain cases

Power of Court to make orders

Presumption as to employment

Onus as to age

Onus of proving limits of what is practicable, etc

Cognizance of offence

Limitation of prosecutions

Jurisdiction of a court for entertaining proceedings, etc., for offence


PENALTIES AND PROCEDURE


1[104A. Onus of proving limits of what is practicable, etc.--In any proceeding for an offence for
the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply
with a duty or requirement to do something, it shall be for the person who is alleged to have failed to
comply with such duty or requirement, to prove that it was not reasonably practicable or, as the case may
be, all practicable measures were taken to satisfy the duty or requirement.]

LAWGIST

# 104A Onus of proving limits of what is practicable, etc