LawgistThe Factories Act
104Onus as to age
(1) When any act or omission would, if a person were under a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court prima facie under such age, the burden shall be on the accused to prove that such person is no under such age.
(2) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated is such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker.
Download our fully-offline, High speed android app.- Click here
PENALTIES AND PROCEDURE
- 92 General penalty for offences
- 93 Liability of owner of premises in certain circumstances
- 94 Enhanced penalty after previous conviction
- 95 Penalty for obstructing Inspector
- 96 Penalty for wrongfully disclosing results of analysis under section 91
- 96A Penalty for contravention of the provisions of sections 41B, 41C and 41H
- 97 Offences by workers
- 98 Penalty for using false certificate of fitness
- 99 Penalty for permitting double employment of child
- 100 Repealed
- 101 Exemption of occupier or manager from liability in certain cases
- 102 Power of Court to make orders
- 103 Presumption as to employment
- 104 Onus as to age
- 104A Onus of proving limits of what is practicable, etc
- 105 Cognizance of offence
- 106 Limitation of prosecutions
- 106A Jurisdiction of a court for entertaining proceedings, etc., for offence
