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Section 105 – Factories Act, 1948

Factories Act, 1948

 

 

105. COGNIZANCE OF OFFENCES.

 

(1) No Court shall take cognizance of any offence under this Act except on complaint by, or with the previous sanction in writing of, an Inspector.

 

(2) No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act.

 

comments

 

Since the written complaint was filed by an Inspector of the Factory himself, therefore no previous sanction at all was required to be taken; K.C. Majumdar v. State of Bihar, 2003 (98) FLR 116

 

state amendment

 

Himachal Pradesh.—In Section 105, in sub-section (2), omit the words “of a Presidency Magistrate or”.

 

[Vide Himachal Pradesh A.L.O. 1948 (w.e.f. 25-12-1948)].

 

 

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Factories Act, 1948

 

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