The west bengal factories and mines ( control of dismantling ) act, 1948

f
West Bengal Act XIII of 1948
THE WEST BENGAL FACTORIES AND MINES
(CONTROL OF. DISMANTLI NG) ACT, 1948.
[Passed by the We st Bengal Legislature.]
[Assent of the Governor was first published hi the Calcutta
Gazette, E traordinary, of .the 22nd April, 1948.]
An Act to provide for the control of dismantling of factories
and mines.
WHEREAS it is expedient to provide for the control of
dismantling of factories and mines;
It is hereby enacted as follows :-
1, (1) This Act may be called the We st Bengai
Factories and Mines (Control of Dismantling) Act, 1948.
(2) It extends to the whole of West Bengal.
3) It shall come into force at once.
2. I this Act, unless there is anything· repugnant in Definitions:
the ,subject or conte:s:t,-
(a) "to dismantle" a factory or a mine means to remove
from its position the machinery or part of the
machinery of the factory or the mine, where by
such removal, the factory or the mine is rendered
wholly or partly useless for its purpose; but does
not include any temporary removal of the
machinery or part of the machinery for purposes
such as adjustment, cleaning and repairs;
"factory" means a factory as defined in clause (j) of
section 2 of the Factories Act, 1934, but includes
also any premises which were at any time
whether before or after the commencement of this
Act a factory as so defined;
"machinery" has the meaning assigned to that word
in clause (le) of section 2 of the Factories Act.
1934; and
"mine" has the meaning- assigned to that word in
clause (f) of section 3 of the Indian Mines Act,
1923.
1i
i
I
(b)
XXV
of 1934.
... (c)
(a)
IV of 1923.
Short title,
extent snd
comm ence­
ment.
3. (1) ~ o person shall, without the written perm1ss10n
of the Provincial Government or- of an officer authorised in
this behalf by the Provincial Government, d ismantle any
factory or mine or remo.ve from a factory or a mine any
spare parts kept for maintaining the .machinery of the
factory or the mine in order:
Provided that no such permission shall be required for
removing spare parts from one factory or mine for use in
another factory or mine within the Province of West Bengal:
Provided further that intimation in respect of such
removal shall be give.a to the Provincial Government within
seven days from the date of such removal.
Price- Indian, annas 2; English, 3d.
Dismant­
ling a
factory or
·mg

Offences by
corpora­
tions or
firms .
Powers of
entry, ex­
amin ation,
taking
evidence,
etc,
Cognizance
of offences.
Bar of
legal pro­
ceedings.·
2 The West Bengal Factories and Mines (Control of
Dismantling) Act, 1948.
[West Bengal Act
(Sections 4- 7.)
(2) Any person who contravenes any of the prov1s1ons
of sub-section (1) shall be punishable with imprisonment
for a term which may extend to two years or with fine or
with both.
4. Wh ere a company or other corporate body, or a firm
contravenes any of the provisions of sub-section . (Z) of
section 3, every director of such company or corporate body,
every partner of such firm and every manager or secretary
or other officer or agent of such company or corporate body
or firm, 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. (1) Subject to any rules made by the Provincial
Government, any officer 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-section
(1) of section 3 within the local limits for which he is so
authonised,
(a) enter with such assistants (if any), being persons
in the service of the Crown as he thinks fit, any
place; '
make such examination of the place and of any
machinery, books or documents therein and take
on the spot or otherwise such evidence of any
persons as he may deem necessary 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 section
to answer any question or give any evidence tending to
criminate himself ;
(2) A y person who wilfully obstructs an officer author­
ised under sub-section (Z) in the exercise of any power con­
ferred by that sub-section, or fails to produce on demand any
book or ·document in his custody or tu comply with any
demand for information, or knowingly or recklessly makes to
such o:fficei· a s.tatement false in a material particular shall be
punishable with imprisonment for a term which may extend
to two years or with fine or with both.. .
6. No prosecution for any offence under this Act shall
be instituted except by or with the previous sanction of the
Provincial Government or the officer authorised by the Pro­
vincial Government for the purposes of sub-section (Z). of
section 3.
7. No suit, prosecution, or other legal proceeding shall
lie against any person for anything which is in good faith
done, or intended to be done, under this Act.
()

f
The West Bengal Factories ancl J1ines (Control of 3
Disma ntling) Act, 1948.
XIII of 1948.1
(Section 8.)
8. (Z) The Provincial Government may make rules for Power to
carrying out the purposes of this c t. make rules.
(2) In particular and without prejudice to the generality
of the foregoing power such rules may provide-
(a) for the procedure for the grant of the permission
referred to in sub-section (1) of section 3;
(b) for an appeal against a refusal to grant the permis­
sion referred to in sub-section (Z) of section 3
h en such refusal is by an officer authorised in
pursuance of that.section; and
(c) for regulating the manner in which officers autho­
rised under sub-section (1) of section 5 shall
exercise·their powers.
WBGP-48[9-2166.A-2Mi

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