Factories Act 106AChapter X · Penalties and Procedure
Section 106A · Jurisdiction of a court for entertaining proceedings, etc., for offence
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1[106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.--For the purposes
of conferring jurisdiction on any court in relation to an offence under this Act or the rules made
thereunder in connection with the operation of any plant, the place where the plant is for the time being
situate shall be deemed to be the place where such offence has been committed.]
STATE AMENDMENTS
Uttar Pradesh
Insertion of new section 106-A in Act No. 63 of 1948.—In Chapter X of the Factories Act, 1948, after section 106, the following section shall be inserted, namely:—
“106-A.—Compounding of offences.— The Inspector may, subject to any general or special order of the State Government in this behalf compound any offence punishable under this Act with fine only committed for the first time, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded —
(i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty;
(ii) before the institution of the prosecution, the composition shall amount to acquittal of the offender.”
[Vide Uttar Pradesh Act 35 of 1979, s. 4].
Rajasthan
Insertion of new section 106B, Central Act No. 63 of 1948.- After the existing section 106A and before the existing section 107 of the principal Act, the following shall be inserted, namely:-
106B. Compounding of offences.- The Inspector may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act with fine only, and committed for the first time, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded,-
(i) before the institution of the prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, be set at liberty;
(ii) after the institution of the prosecution the composition shall amount to acquittal of the offender..
[Vide Rajasthan Act 20 of 2014, s. 5]
STATE AMENDMENTS
Uttar Pradesh
Insertion of new section 106-A in Act No. 63 of 1948.—In Chapter X of the Factories Act, 1948, after section 106, the following section shall be inserted, namely:—
“106-A.—Compounding of offences.— The Inspector may, subject to any general or special order of the State Government in this behalf compound any offence punishable under this Act with fine only committed for the first time, either before or after the institution of the prosecution, on realization of such amount of composition fee as he thinks fit, not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded —
(i) before the institution of the prosecution, the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty;
(ii) before the institution of the prosecution, the composition shall amount to acquittal of the offender.”
[Vide Uttar Pradesh Act 35 of 1979, s. 4].
Rajasthan
Insertion of new section 106B, Central Act No. 63 of 1948.- After the existing section 106A and before the existing section 107 of the principal Act, the following shall be inserted, namely:-
106B. Compounding of offences.- The Inspector may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act with fine only, and committed for the first time, either before or after the institution of the prosecution, on realisation of such amount of composition fee as he thinks fit not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded,-
(i) before the institution of the prosecution, the offender shall not be liable to prosecution, for such offence and shall, if in custody, be set at liberty;
(ii) after the institution of the prosecution the composition shall amount to acquittal of the offender..
[Vide Rajasthan Act 20 of 2014, s. 5]
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