55. INTERVALS FOR REST. –
1 (1)2 The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
3 (2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.
The well settled principle of law that unless the statute either expressly or by necessary implication rules out mens rea as a constituent part of a crime the accused should not be found guilty of an offence is also applicable to cases under the Factories Act. Absence of mens rea is good defence in contravention of section 55; State of Orissa v. Bahinipall, AIR 1965 Ori 164.
1. Section 55 re-numbered as sub-section (1) of that section by Act 25 of 1954, sec. 11 (w.e.f. 7-5-1954).
2. Subs. by Act 40 of 1949, sec. 3 and Sch. II, for “The period” (w.e.f. 1-5-1949).
3. Added by Act 25 of 1954, sec. 11 (w.e.f. 7-5-1954).