Law: Factories Act, 1934

Section: 60

Factories Act (X'XI of 1934), ---Ss. 60(a)(iv) do 75 read with West Pakistan Factories Rules, 1962, r. 87-Cognizance of offence---- Failure to submit certificate of stability-- Proper authorities receiving site plan of building and inspecting same several times but holding back such plan from evidence--Presumption that Authorities were satisfied as 16 stability of building-Prosecution initiated without issuing notice or warning to factory and giving no date of commission of offence-Prosecution in event of failure to show that alleged offence was committed within 6 months of date of institution of complaint, held, offends against provisions of S. 75 of Factories Act, 1934-Offence charged, held further, not of recurring nature.   ORDER of REFERENE he facts of this case are as follows :- S. Barkat Hayat Khan, Managing Director of the Rawal pindi Electrict Power Company Ltd., Rawalpindi, has been prosecuted under section 60 (a) (iv) of the Factories Act read with rule 87 of the Factory Rules, 1962, on account of his alleged failure to submit the Certificate of Stability to the Chief Inspector of Factories. Complaint P. B. was accordingly drawn up by the Chief Inspector and forwarded to the A. v. M., R'Pindi, for disposal in accordance with law. The petitioner pleaded not guilty. The Divisional Labour Officer appeared as the principal P. W. He testified to petitioner's failure to submit the requisite certificate of stability. The petitioner examined Abdul Ghafur Khan Senior Clerk of the Office of the Chief Inspector of Facto ries, in defence. The latter stated inter a lia that the plan of the Factory in dispute was received by the Authorities concerned as far back as the year 1946. It was on 11.2-46 to be more precise And that no defect was noticed in the plan submitted by the Company. This Factory, it further appears, has been inspected by the Inspector of Factories from time to time since 10-10-1950. In reply to the Court question whether the Inspector of Factories ever issued a notice or warning to the accused Company requiring them to produce a Stability Certificate the D. W. stated that there was no warning or letter on the record to this…