Prashant Kumar, J.

This application has been filed for quashing order dated 3.12.1999 passed by learned Chief Judicial Magistrate, Dhanbad in F.A. Case No. 656 of 1999, whereby he took cognizance under Section 92 of Factory Act against the petitioner.

2. It appears that Factory Inspector Dhanbad made inspection of M/s Loyabad, Cooking Bye-Products Recovery Plant, Loyabad, and thereafter filed a complaint alleging therein that on the date of inspection more than 170 female workers were working in one shift, but no proper creche provided in factory premises. Which is violative of the provisions of Section 48 of the Factory Act and Rule 73 to 76 of Bihar Factory Rules 1950.

3. It appears that said complaint received in the court of learned Chief Judicial Magistrate on 3.12.1999 and on the same day he took cognizance of the offence under Section 92 of the Factory Act.

4.It is submitted by Sri A.K. Mehta, learned counsel for the petitioner that petitioner being a director of the company can not be prosecuted under Section 92 of the Factory Act, because he is not occupier within the meaning of Section 2 (n) of the Factory Act. It is submitted that the person who manage the affairs of factory is occupier, therefore, he can only be prosecuted under Section 92 of the Factory Act. It is submitted that petitioner had not been appointed by Central Government as occupier of the factory, therefore order taking cognizance is bad. It is further submitted that order taking cognizance is also violative of Section 106 of Factory Act.

5. On the other hand, Sri S. S. Prasad, learned Additional PP submits that petitioner has been appointed by Central Government as occupier, which manifest from Annexure-A to the counter-affidavit. Sri Prasad further submits that petitioner put his signature on Annexure-B as occupier of factory. Under the said circumstance, as per Section 92 of the Factory Act, petitioner can be prosecuted for violation of any of the provisions of the Factory Act and Rule framed thereunder.

6. Having heard the submissions, I have gone through the record. Section 48 of the Factory Act reads as under:-

Creches-(1) In every factory wherein more than [thirty women workers] are ordinarily employed there shall be provided and maintained a suitable room for the use of children under the age of six years of such women.

(2) Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants.

(3) The [State Government] may make rules-

(a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided under this section;

(b) requiring the provision in Factoryto which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing;

(c) requiring the provision in any factory of free milk or refreshment or both for such children;

(d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals.

Rules 73 to 76 of Bihar Factory Rules reads as under:-

Creches.- (1) All Factory shall conform to rules 73 to 76 within six months from the date of enforcement of these Rules.

(2) The creche shall be conveniently accessible to the mothers of the children accommodated therein and so far as is reasonably practicable it shall not be situated in close proximity to any part of the factory where obnoxious fumes, dust or odours are given off or in which excessively noisy processes are carried on.

(3) The building in which the creche is situated shall be soundly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be waterproof. The floor and internal walls of the creche shall be cement plastered