Unregistered
factory, etc., forbidden.
Offenes and penalties.
Liability of partners, etc.
Procedure.
Ordinance No. 41 of 1932.
Presump- tions.
562
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7. No factory or workshop shall be opened or used as such until it has been duly registered under this Ordinance.
8.-(1) Every person who contravenes or attempts to contravene or fails to comply with any provision of this Ordinance or of any by-law made thereunder shall be guilty of an offence against this Ordinance.
(2) The proprietor of every factory, workshop or industrial undertaking in respect of which any offence against this Ordinance has been committed shall on summary conviction be liable to a fine not exceeding two hundred and fifty dollars.
(3) It shall be no defence to a prosecution of the pro- prietor of a factory, workshop or industrial undertaking for an offence under this section that the offence was committed without his knowledge or consent or that the actual offender has not been convicted of the offence.
9.-(1) Where the person convicted of an offence against this Ordinance is a company, the chairman and every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent, and shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.
(2) Where the person convicted of an offence against this Ordinance is a firm, every partner in the firm and every person concerned in the management of the firm shall be guilty of the like offence unless he proves that the act or omission constituting the offence occurred without his knowledge or consent, and shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.
10.-(1) Any summons relating to an offence against this Ordinance may be served by leaving a copy of the summons with some adult person at the factory, workshop or industrial undertaking mentioned in the summons.
(2) Any such summons may be addressed to the pro- prietor of a factory, workshop or industrial undertaking without specifying the name of the proprietor.
(3) If on the hearing of any such summons the offence is proved to the satisfaction of the magistrate, he may, in addition to any other power which he may possess, order that any fine imposed, if not duly paid, shall be recovered by distress and sale of the machinery, goods and chattels found in the factory, workshop or industrial undertaking in question, and the provisions of the Magistrates Ordinance, 1932 shall apply in the case of such distress and sale as they apply to any distress and sale under that Ordinance.
11. In any prosecution under this Ordinance,—
(1) if it appears to the magistrate that any person who is alleged in the charge to have been a young person or child at the date of the alleged offence was a young person or child at the said date, it shall, until the contrary is proved, be presumed that such person was a young person or child at the said date;
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