GOVINDA MENON, J. :- This is an appeal against the conviction of the manager of the Gemini Studios, Madras, by the Chief Presidency Magistrate, for having contravened the provisions of the Factories Act and having thereby committed an offence under S.92 of the said Act.

2. The appellant has been found guilty of the following three offences : (1) under S.61 and S.108(2) read with Rule 79 for having failed to specify, or enter, in the notice of periods of work exhibited at the main entrance of the studio, the working hours of the workers engaged in the departments, of directors and artists, cameramen and sound engineers, makeup artists, electricians, editors, laboratorians and still photographers and their assistants; (2) under S.62 read with Rule 80 for having failed to enter the particulars of all the workers engaged in the said department in Form No.12 register; and (3) under S.20 read with Rule 51 for having failed to provide spittoons in the factory as per the type prescribed under Rule 51.

3. The main question that has been argued is whether the studio in which the films are produced is a "factory" within the meaning of the term in the Factories Act and whether the perso