The central legal point established is that the appointed occupier of a factory can be prosecuted for violations of the Factory Act and Rules.

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. 652 of 1999, whereby he took cognizance under Section 92 of Factory Act against petitioner.

2. It appears that Factory Inspector Dhanbad has filed a complaint alleging that on inspection of M/s Loyabad, Cooking Bye-Products Recovery Plant, Loyabad and found that sufficient numbers of latrines not provided in the factory premises and existing latrines were not maintained, which is violative of provisions of Section 19 of Factory Act and Rule 42 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 has 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 the 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 Rules framed thereunder.

6. Having heard the submissions, I have gone through the record, Section 19 of the Factory Act is as follows:-

Latrines and urinals.-(1) In every factory—

(a) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at factory;

(b) separate enclosed accommodation shall be provided for male and female workers;

(c) such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any work room except through an intervening open space or ventilated passage;

(d) all such accommodation shall be maintained in a clean and sanitary condition at all times;

(e) sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places.

(2) In every factory wherein more than two hundred and fifty workers are ordinarily employed—

(a) all latrine and urinal accommodation shall be of prescribed sanitary types;

(b) the floors and internal walls, up to a height of [ninety centimeters], of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface;

(c) without prejudice to the provisions of Clauses (d) and (e) of sub-section (1), the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both.

(3) The [State Government] may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further matters in respect of sanitation in Factory, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein.

Rule 42 of Bihar Factory