Central Act

104A

Section 104A. Onus of proving limits of what is practicable, etc.

THE FACTORIES ACT, 1948

Act no. 63 of 19481948Repealed 21 November 2025All India (Central Act)

This Act was repealed on 21 November 2025 by the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020), s.143(1); it may still apply to matters that began before then.

1[104A. Onus of proving limits of what is practicable, etc.—In any proceeding for an offence for the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or, as the case may be, all practicable measures were taken to satisfy the duty or requirement.]