The Himachal Pradesh Factories (Control of Dismantling) Act, 1973

 
 
THE HIMACHAL PRADESH FACTORIES (CONTROL OF 
DISMANTLING) ACT, 1973 
ARRANGEMENT OF SECTIONS 
Sections: 
1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Dismantling a factory. 
4.  Offences by corporation. 
5.  Powers of entry, examination, taking evidence, etc. 
6.  Cognizance of offences. 
7.  Bar of legal proceedings. 
8.  Power to make rules. 
9.  Repeal and savings. 
______________ 
THE HIMACHAL PRADESH FACTORIES (CONTROL OF 
DISMANTLING) ACT, 1973 
(ACT NO. 6 OF 1974) 1 
(Received the assent of the Governor, Himachal Prad esh, on the 5 th  
February, 1974, and was published in the Rajpatra, Himachal Pradesh (Extra-
ordinary), dated the 16 th  February, 1974, pp. 164-167). 
An Act to control the dismantling of Factories in Himachal Pradesh. 
BE it enacted by the Legislative Assembly in the Twen ty-fourth Year 
of the Republic of India as follows:- 
1. Short title, extent and commencement.- This Act may be called 
the Himachal Pradesh Factories (Control of Dismantling) Act, 1973. 
(2) It extends to the whole of Himachal Pradesh. 
(3) It shall come into force at once. 
2. Definitions.- In this Act, unless the context otherwise requires,- 
(a)  "to dismantle" a factory means to remove from its position 
the machinery or part of the machinery of the facto ry, 
whereby such removal the factory is rendered wholly  or 
partly useless for its purposes; but does not inclu de any 
temporary removal within the premises of the factor y of the 
machinery or part of the machinery for purposes suc h as 
adjustment, cleaning and repairs; 
                                                 
1. For Statement of Objects and Reasons, see the Ra jpatra, Himachal Pradesh 
(Extra-ordinary), dated 7 th  April 1973, p. 536.  
 THE HIMACHAL PRADESH FACTORIES (CONTROL OF DISMANTLING) ACT, 1973 
 
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(b)  "factory" means a factory as defined in clause  (m) of section 
2 of the Factories Act, 1948, and includes a small scale 
industry unit with a capital investment of not more  than 
seven lakhs and fifty thousand rupees irrespective of the 
number of persons employed. 
Explanation.- In this clause, `Capital Investment' means 
investment in plant and machinery only; 
(c)  "machinery" has the meaning assigned to that w ord in clause 
(j) of section 2 of the Factories Act, 1948; 
(d)  "notification" means a notification published under proper 
authority in the Rajpatra, Himachal Pradesh; and 
(e)  "State Government" means the Government of Him achal 
Pradesh. 
3. Dismantling a factory.- (1) No person shall, without the written 
permission of the State Government or of an officer  authorised in this behalf 
by that Government, dismantle any factory or remove  from a factory any 
spare parts kept for maintaining the machinery of the factory in order. 
(2) Whoever contravenes any of the provisions of su b-section (1) 
shall be punished with imprisonment for a term whic h may extend to two 
years, or with fine or with both. 
4. Offences by corporation.- If the person contravening any of the 
provisions of sub-section (1) of section 3 is a com pany or other corporate 
body, every director, manager or secretary or other  officer or agent thereof, 
shall, unless he proves that the contravention took  place without his 
knowledge or that he exercised all due diligence to  prevent such 
contravention, be deemed to be guilty of such contravention. 
5. Powers of entry, examination, taking evidence, e tc.- (1) Subject 
to any rules made by the State Government, any offi cer authorised in this 
behalf by that Government may, if he has reason to believe that any person, 
has contravened any of the provisions of sub-sectio n (1) of section 3 within 
the local limits for which he is so authorised,- 
(a)  enter with such assistance (if any), being per sons in the 
service of the State Government, as he thinks fit, any place; 
(b)  make such examination of the place and of any machinery, 
books or documents therein and take on the spot or elsewhere 
such evidence of any persons as he may deem necessa ry for 
carrying out the purposes of this Act; and 
(c)  exercise such other powers as may be necessary  for carrying 
out the purposes of this Act: 
Provided that no one shall be required under this s ection to answer 
any question or give any evidence tending to incriminate himself. 
(2) Whoever wilfully obstructs an officer authorise d under sub-
 THE HIMACHAL PRADESH FACTORIES (CONTROL OF DISMANTLING) ACT, 1973 
 
3 
section (1) in the exercise of any power conferred by that sub-section, or fails 
to produce on demand any book or documents in his c ustody or to comply 
with any demand for information or knowingly or rec klessly makes to such 
officer a statement false in any material particula r shall be punishable with 
imprisonment for a term which may extend to two yea rs or with fine or with 
both. 
6. Cognizance of offences.- No prosecution for any offence under 
this Act shall be instituted except by or with the previous sanction of the State 
Government or the officer authorised by the State G overnment for the 
purposes of sub-section (1) of section 3. 
7. Bar of legal proceedings.-  No suit, prosecution, or other legal 
proceedings shall lie against the State Government, or any officer for anything 
which is in good faith done, or intended to be done, under this Act. 
8. Power to make rules.- (1) The State Government may, by 
notification, make rules for carrying out the purposes of this Act. 
(2) In particular and without prejudice to the gene rality of the 
foregoing power such rules may provide- 
(a) the procedure for the grant of the permission r eferred to in 
sub-section (1) of section 3; 
(b)  for an appeal against refusal to grant the per mission referred 
to in sub-section (1) of section 3 when such refusa l is by an 
officer, authorised in pursuance of that section; and 
(c)  for regulating the manner in which officers au thorised under 
sub-section (1) of section 5 shall exercise their powers. 
(3) Every rule made under this Act shall be laid as  soon as may be 
after it is made, before the Legislative Assembly w hile it is in session for a 
total period of not less than fourteen days which m ay be comprised in one 
session or in two or more successive sessions, and if before the expiry of the 
session in which it is so laid or sessions aforesai d, the Assembly makes any 
modification in the rule or decides that the rule s hould not be made, the rule 
shall thereafter have effect only in such modified form or be of no effect, as 
the case may be, so, however, that any such modific ation or annulment shall 
be without prejudice to the validity of anything pr eviously done under that 
rule. 
9. Repeal and savings.- The East Punjab Factories (Control of 
Dismantling) Act, 1948, as in force in the areas ad ded to Himachal Pradesh 
under section 5 of the Punjab Re-organisation Act, 1966, is hereby repealed: 
Provided that anything done, any action taken or an y proceedings 
commenced in exercise of the powers conferred by or under the said Act shall 
be deemed to have been done, taken or commenced und er the corresponding 
provisions of this Act.  

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