(1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order.
(2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed:
Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor or, if it thinks fit, without the aid of any assessor.
(3) Subject to such rules as the Stale Government may make
in this behalf and subject to such conditions as to partial compliance or
the adoption of temporary measures as the appellate authority may in any
case think fit to impose, the appellate authority may, if it thinks fit,
suspend the order appealed against pending the decision of the appeal.
Section 101 of Factories Act - Exemption of occupier or manager from liability in certain cases
Section 102 of Factories Act - Power of Court to make orders
Section 103 of Factories Act - Presumption as to employment
Section 104 of Factories Act - Onus as to age
Section 104A of Factories Act - Onus of proving limits of what is practicable, etc
Section 105 of Factories Act - Cognizance of offences
Section 106 of Factories Act - Limitation of prosecutions
Section 107 of Factories Act - Appeals
Section 108 of Factories Act - Display of notices
Section 109 of Factories Act - Service of notices
Section 110 of Factories Act - Returns