Cognizance of offences
Section 105 of the Factories Act, 1948 deals with cognizance of offences. 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.
(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. STATE AMENDMENTS Maharashtra Amendment of section 105 of 63 of 1948 .- In section 105 of the principal Act, in sub-section (1), for the words "an Inspector" the words "the Chief Inspector" shall be substituted. [Vide Maharashtra Act 40 of 2015, s. 8]. Rajasthan Amendment of section 105, Central Act No. 63 of 1948 .- For the existing sub-section (1) of section 105 of the principal Act, the following shall be substituted, namely :- "(1) No Court shall take cognizance of any offence under this Act except on complaint by an Inspector with the previous sanction in writing by the State Government.". [Vide Rajasthan Act 20 of 2014, s. 4]
Section 105, The Factories Act, 1948 (Act 63 of 1948).
Questions about Section 105
What does Section 105 of the Factories Act deal with?
Section 105 of the Factories Act is headed "Cognizance of offences". 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.
How do I find court cases under Section 105 of the Factories Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Factories Act 1948 Bihar 105, section 105 Factories Act 1948 Bihar, section 105 of the Factories Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When was the Factories Act enacted?
Factories Act was enacted in 1948 as Act 63 of 1948. India Code records no commencement date for it. It is in force as at the date shown on this page.
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