Section 105

Cognizance of offences

The Factories Act, 1948

  • Act 63 of 1948
  • Ministry of Labour and Employment
About this Act

An Act to consolidate and amend the law regulating labour in factories.

All sections
    (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 AMENDMENT
    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]

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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