192729-1932-Supplementary-Draft-Bills--Foreshores-and-Sea-Bed-Amendment-Factors-and-workshops — Page 7

Registra

tion.

Penalty and Liability for contraven-

tion.

Procedure.

Presump-

tions.

674

until rescinded or amended by regulations made under this Ordinance.

5.--(1) Every premises or place opened or used as a factory or workshop shall be registered annually at the office of the Protector.

(2) It shall be the duty of the Protector :-

(a) to receive applications for the registration of factories and workshops;

(b) to issue certificates of registration;

(c) to keep a register in the prescribed form of the factories and workshops in respect of which certificates of registration have been issued.

(3) The Protector shall have power to refuse any application for registration, and to cancel any certificate of registration already issued: Provided that an appeal from any such refusal or cancellation shall be by way of petition to the Governor in Council whose decision shall be final

6. No place or premises shall be opened or used as a factory or workshop until it has been registered under this Ordinance.

7(1) Upon proof before a magistrate of any con- travention of, or attempt to contravene, or failure to comply with, any of the provisions of this Ordinance or of any regulation made thereunder, the proprietor of the business carried on in the factory or workshop or industrial undertaking in question shall be liable to a fine not exceeding two hundred and fifty dollars, whether personal knowledge on his part, or (in the case of a firm) on the part of the partners, or (in the case of a company) on the part of the directors or officers thereof, be proved or not.

(2) Where such contravention was in fact due to the act or omission of some person other than the proprietor, such other person, upon proof of that fact before a magistrate. shall also, without prejudice to the liability of the proprietor, be liable to a fine not exceeding two hundred and fifty dollars.

8.-(1) Any summons relating to an alleged contraven- tion of any provision of this Ordinance or of any regulation made thereunder may be served by leaving a copy of such summons with some adult on the premises of the factory or workshop or industrial undertaking in question.

(2) Any such summons may be addressed to the pro- prietor of the business carried on in the factory or workshop or industrial undertaking in question, without specifying the name of the proprietor, and if on the hearing of such summons the alleged contravention is proved to the satisfaction of the magistrate, it shall be lawful for the magistrate to order that any fine imposed, if not paid, shall be recovered by distress. and sale of the machinery, goods and chattels found on the premises of the factory or workshop or industrial undertaking in question. For the purposes of such distress and sale it shall be lawful for the magistrate to adopt the forms contained in the First Schedule to the Magistrates Ordinance, 1890.

9. 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