Ο περί Εργοστασίων Νόμος (ΚΕΦ.134)

94.-(1) In the event of any contravention in or in connection with or in relation to a factory of the provisions of this Law, or of any regulation, rule or order made thereunder, the occupier or (if the contravention is one in respect of which the owner is by or under this Law made responsible) the owner of the factory shall, subject as hereinafter in this Law provided, be guilty of an offence.

(2) In the event of a contravention by an employed person of the provisions of Part IX of this Law with respect to duties of persons employed or of a contravention by any person of any regulation, rule or order made under this Law which expressly imposes any duty upon him, that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence by reason of the contravention of the said provisions of Part IX of this Law, or the contravention of the provisions imposing the duty, as the case may be, unless it is proved that he failed to take all reasonable steps to prevent the contravention.

(3) If the occupier of a factory avails himself of any special exception allowed by or under this Law and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Law.

(4) If any persons are employed in a factory otherwise than in accordance with the provisions of this Law or of any regulation, rule or order made thereunder, there shall be deemed to be separate contravention in respect of each person so employed.

(5) Where an offence under this Law committed by a company, co-operative society or other body of persons is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, chairman, manager, secretary or other officer of the company, co-operative society or other body of persons, he, as well as the company, co-operative society or other body of persons, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

95. Τηρουμένων των επόμενων διατάξεων του παρόντος Νόμου, οποιοσδήποτε βρεθεί με βάση τον παρόντα Νόμο ένοχος αδικήματος για το οποίο δεν προβλέπεται ρητά από το Νόμο αυτό οποιαδήποτε ποινή, υπόκειται:

(α) Σε φυλάκιση που δεν υπερβαίνει τους τρεις μήνες ή σε χρηματική ποινή που δεν υπερβαίνει τις χίλιες λίρες ή και στις δύο αυτές ποινές εάν πρόκειται για απασχολούμενο πρόσωπο ή

(β) σε φυλάκιση που δεν υπερβαίνει τους έξι μήνες ή σε χρηματική ποινή που δεν υπερβαίνει τις δύο χιλιάδες λίρες ή και στις δύο αυτές ποινές εάν πρόκειται για οποιοδήποτε άλλο πρόσωπο,

εάν δε η παράβαση για την οποία επιβλήθηκε η πιο πάνω ποινή συνεχίζεται και μετά την καταδίκη τότε ο παραβάτης είναι ένοχος περαιτέρω αδικήματος και σε περίπτωση καταδίκης υπόκειται σε φυλάκιση που δεν υπερβαίνει τις επτά ημέρες ή σε χρηματική ποινή που δεν υπερβαίνει τις εβδομήντα πέντε λίρες για την κάθε ημέρα για την οποία συνεχίζεται η παράβαση.

96. Where the occupier or owner of a factory is convicted of an offence under this Law, the Court may, in addition to or instead of imposing any penalty, order him, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and, where such an order is made, the occupier or owner shall not be liable under this Law in respect of the continuation of the contravention during the time allowed by the Court, but if, after the expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, shall be guilty of an offence and liable on conviction thereof to fine not exceeding .75 or to imprisonment for a term not exceeding seven days, or to both such penalties, for each day during which the non-compliance continues.

97. Any person who-

(a) forges or counterfeits any certificate required by, under, or for the purposes of, this Law or any order, regulation or rule made thereunder; or

(b) gives or signs any such certificate knowing it to be false in any material particular; or

(c) knowingly utters or makes use of any such certificate so forged, counterfeited, or false as aforesaid; or

(d) knowingly utters or makes use of as applying to any person any such certificate which does not so apply; or

(e) personates any person named in any such certificate; or

(f) falsely pretends to be an Inspector; or

(g) wilfully connives at any such forging, counterfeiting, giving, signing, uttering, making use, personating or pretending as aforesaid; or

(h) wilfully makes a false entry in any register, book, notice, certificate, or document, required by, under, or for the purposes of, this Law or any order, regulation or rule made thereunder to be kept or kept posted or served or sent; or

(i) wilfully makes or signs a false declaration required by, under or for the purposes of, this Law or any order, regulation or rule made thereunder; or

(j) knowingly makes use of any such false entry or declaration as aforesaid,

shall, without prejudice to any other penalty, be guilty of an offence under this Law and on conviction thereof shall be liable to a fine not exceeding πεντακόσιες λίρες or to imprisonment for a term not exceeding three months or to both such penalties.

98. Where an act or default for which an occupier or owner of a factory is liable under this Law is in fact the act or default of some agent, servant, worker or other person, that agent, servant, worker, or other person, shall be guilty of an offence and shall be liable on contravention to the like penalty as if he were the occupier or owner, as the case may be.

99.-(1) Where the occupier or owner of a factory is charged with an offence under this Law he shall be entitled, upon a charge duly made by him and on giving to the prosecution not less than three days’ notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or owner of the factory proves to the satisfaction of the Court-

(a) that he has used all due diligence to enforce the execution of this Law and of any relevant order, regulation or rule made thereunder; and

(b) that the said other person had committed the offence in question without his consent, connivance or wilful default,

that other person shall be convicted of the offence, and the occupier or owner shall not be guilty of the offence, and the person so convicted shall, in the discretion of the Court be also liable to pay any costs incidental to the proceedings.

The prosecution shall have the right in any such case to cross-examine the occupier or owner, if he gives evidence, and any witnesses called by him in support of his charge, and to call rebutting evidence.

(2) When it is made to appear to the satisfaction of an Inspector at the time of discovering an offence-

(a) that the occupier or owner (as the case may be) of the factory has used all due diligence to enforce the execution of this Law and of any relevant order, regulation or rule made thereunder; and

(b) by what person the offence has been committed; and

(c) that it has been committed without the consent, connivance or wilful default of the occupier or owner and in contravention of his orders,

the Inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the occupier or owner of the factory.

100. Where, under this Law, any person is substituted for the occupier or owner of a factory with respect to any provisions of this Law, any order, summons, notice or proceedings, which for the purpose of any of those provisions is by or under this Law required or authorised to be served on or taken in relation to the occupier or owner, is hereby required or authorised (as the case may be) to be served on or taken in relation to that person.

101.-(1) All offences under this Law shall be prosecuted, and all fines under this Law shall be recovered summarily.

(2) In any proceedings under this Law, it shall be sufficient in the charge or information to allege that the factory is a factory within the meaning of this Law and to state the name of the ostensible occupier of the factory or, where the occupier is a firm, the title of the firm; and the burden of proving that the premises are not a factory, or that the occupier specified in the charge or information is not the occupier of the factory, shall lie upon the person alleging such fact.

(3) Where any offence is committed under this Law by reason of a failure to make an examination, enter a report, or do any other thing, at or within a time specified by this Law or any rule, regulation or order made thereunder, the offence shall be deemed to continue until the examination is made, or the report entered, or the other thing done, as the case may be.

102.-(1) If a person is found in a factory at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Law to have been then employed in the factory:

Provided that this subsection shall not apply to a factory in which the only persons employed are members of the same family dwelling there.

(2) Where any entry is required by this Law, or by any order, regulation or rules made thereunder, to be made in the General Register or in any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any provision of this Law, or of any order, Regulation or rule made thereunder, has not been made, shall be admissible as evidence that that provision has not been observed.

103.-(1) Any document (including any summons or order) required or authorised to be served under this Law may be served-

(a) on any person by delivering it to him, or by leaving it at, or sending it by post to, his residence or place of business;

(b) on any firm to which the Partnership and Business Names Law applies by delivering it to any partner of the firm or by leaving it at, or sending it by post to, the office of the firm;

(c) on the owner or occupier of a factory (including any such owner or occupier being a company to which the Companies Law applies or a co-operative society to which the Co-operative Societies Law applies), in any such manner as aforesaid, or by delivering it, or a true copy thereof, to any person apparently not under the age of sixteen years at the factory.

(2) Any such document may be addressed for the purpose of the service thereof on the occupier of a factory to “the occupier” at the proper postal address of the factory, without further name or description.

(3) The foregoing provisions of this section shall apply, with the necessary modifications, to documents required or authorised under this Law to be sent to any person, firm, owner or occupier, and to the sending, addressing and delivery of such documents.

104. If by reason of an agreement between the owner and the occupier of premises, the whole or any part of which has been let as a factory, the said owner or occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with the provisions of this Law, or of any rule, regulation or order made under this Law, or in order to conform with any standard or requirement imposed by or under this Law, he may apply to the President of a District Court for the terms of the agreement to be set aside or modified; and the President after hearing the parties and any witnesses whom they may desire to call, may make such an order setting aside or modifying the terms of the agreement as the President considers just and equitable in the circumstances of the case.

105. Where in any premises, the whole or any part of which has been let as a factory, any structural or other alterations are required in order to comply with the provisions of this Law or of any regulation, rule or order made under this Law, or in order to conform with any standard or requirement imposed by or under this Law, and the owner or occupier, as the case may be, alleges that the whole or part of the expenses of the alterations ought to be borne by the occupier or owner, the owner or occupier may apply to the President of the District Court for the expenses of the alterations to be apportioned between them; and the President after hearing the parties and any witnesses whom they may desire to call, may make such an order concerning the expenses or their apportionment as the President considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or, in the alternative, the President may, at the request of the owner or occupier, determine the lease.