Factories Act , 1955

(2) The provisions contained in the Third Schedule to this Act shall apply to regulations which are referred to in this Act as special regulations.

(3) Any regulations or order made by the Minister under this Act may be made for a limited period or without limit of period and may be made subject to such conditions as he thinks fit, and may contain such supplemental and consequential provisions as he considers necessary for giving full effect to the regulations or order and may, except as otherwise expressly provided in this Act, be varied or revoked by subsequent regulations or by a subsequent order made in like manner as the original regulations or order.

(4) Any certificate issued by the Minister under this Act may be issued for a limited period or without limit of period and may be varied or revoked by the Minister.

PART XI. Offences, Penalties and Legal Proceedings.

100 Offences generally.

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

(2) In the event of a contravention by an employed person of section 125 of this Act or of a contravention by any person of any regulation or order made under this Act which expressly imposes any duty upon him, that person shall be guilty of an offence under this section and the occupier or owner, as the case may be, shall not be guilty of an offence by reason only of the contravention of the said section 125, or the contravention of the said regulation or order, as the case may be, unless it is proved that he failed to take all reasonable steps to prevent the contravention, but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matters by virtue of some provision other than the said section 125 or the said regulation or order.

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

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

(5) Where an offence under this Act committed by a company 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, manager, secretary or other officer of the company, he, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

101 Fines for offences for which no express penalty provided.

101.—Subject as hereinafter in this Act provided, any person guilty of an offence under this Act for which no express penalty is provided by this Act shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and, if the contravention in respect of which he was so convicted is continued after the conviction, he shall (subject to section 102 of this Act) be guilty of a further offence and liable on summary conviction thereof to a fine not exceeding five pounds for each day on which the contravention was so continued.

102 Power of court to order cause of contravention to be remedied.

102.—Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or instead of inflicting a fine, 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 Act 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 under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day on which the non-compliance continues.

103 Offence in case of death or injury.

103.—(1) If any person is killed, dies or suffers any bodily injury, in consequence of the occupier or owner of a factory having contravened any provision of this Act or any regulation or order made thereunder, the occupier or owner shall, without prejudice to any other offence, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two hundred pounds, but—

(a) the occupier or owner shall not be guilty of an offence under this section if a prosecution against him under this Act, in respect of the act or default by which the death or injury was caused, has been heard and dismissed before the death or injury occurred,

(b) in the case of injury to health, the occupier or owner shall not be guilty of an offence under this section unless the injury was caused directly by the contravention.

(2) The whole or any part of a fine in respect of an offence under this section may be applied as the court determines and, in particular, the court may determine that the whole or any part of the fine shall be applied, in the case of a death, for the benefit of the family of the deceased or, in the case of an injury, for the benefit of the injured person or his family, but no such application shall operate to prevent the maintenance of any civil proceedings in relation to the death or injury.

104 Offence by parent.

104.—If a young person is employed in a factory in contravention of any provision of this Act, the parent of the young person shall, unless he shows that the contravention occurred without his consent, connivance or wilful default, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

105 Forgery of certificates, etc.

105.—If any person—

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

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

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

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

(e) personates any person named in any such certificate,

(f) falsely pretends to be an inspector,

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

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

(i) wilfully makes or signs a false declaration required by, under or for the purpose of this Act or any order or regulation made thereunder,

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

he shall, without prejudice to any other offence, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding forty pounds or, at the discretion of the court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

106 Offence by person actually committing offence for which occupier or owner is liable.

106.—Where an act or default for which an occupier or owner is liable under this Act 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 under this section and shall be liable on summary conviction to the like fine as if he were the occupier or owner, as the case may be.

107 Exemption of occupier or owner in certain cases.

107.—(1) Where the occupier or owner of a factory is charged with an offence under this Act, he shall be entitled, upon information duly laid 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.

(2) The persons whom the occupier or owner of a factory is entitled under subsection (1) of this section to have brought before the court as the actual offender include any person whatsoever whom he charges as the actual offender, whether or not that person is his agent or servant.

(3) If, in a case to which subsection (1) of this section applies, the commission of the offence is proved and the owner or occupier proves to the satisfaction of the court—

(a) that he has used all diligence to enforce the execution of the relevant provision of this Act or a regulation or order made thereunder, and

(b) that the other person whom he charges as the actual offender committed the offence without his consent, connivance or wilful default,

that other person shall be summarily 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.

(4) The prosecution shall, in any case to which subsection (1) of this section applies, have the right to cross-examine the occupier or owner if he gives evidence and any witnesses called by him in support of his charge, and to adduce rebutting evidence.

(5) When it is made to appear to the satisfaction of an inspector at the time of discovering an offence under this Act—

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

(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,

proceedings shall be taken against the person whom the inspector believes to be the actual offender without first proceeding against the occupier or owner.

108 Proceedings against persons other than occupiers or owners.

108.—Where, under this Act, any person is substituted for the occupier or owner with respect to any provisions of this Act, any order, summons, notice or proceeding, which for the purpose of any of those provisions is by or under this Act 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.

109 Owner of machine liable in certain cases instead of occupier.

109.—Where in a factory the owner or hirer of a machine or implement moved by mechanical power is some person other than the occupier of the factory, the owner or hirer shall, so far as respects any offence under this Act committed in relation to a person who is employed in or about or in connection with that machine or implement, and is in the employment or pay of the owner or hirer, be deemed to be the occupier of the factory.

110 Prosecution of offences, etc.

110.—(1) Any offence under this Act may be prosecuted by the Minister.

(2) Where an offence under this Act consists of a contravention of a provision which is to be enforced by a sanitary authority, the offence may be prosecuted by the sanitary authority.

(3) It shall be sufficient in a summons in respect of an offence under this Act to allege that the factory is a factory within the meaning of this Act and to state the name of the ostensible occupier of the factory or, where the occupier is a firm, the name of the firm.

(4) Where, with respect to or in consequence of any accident in a factory, a report is made by the tribunal or court appointed to hold a formal investigation under this Act or under the Boiler Explosions Acts, 1882 and 1890, or a coroner's inquest is held, and it appears from the report, or from the proceedings at the inquest, that any of the provisions of this Act or any regulation or order made thereunder was not complied with at or before the time of the accident, summary proceedings against any person liable to be proceeded against in respect of such non-compliance may be commenced at any time within three months after the making of the report or the conclusion of the inquest.

(5) Where any offence is committed under this Act 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 Act or any regulation or order made thereunder, the offence shall be deemed to continue until the examination is made, the report entered or the other thing done, as the case may be.

111 Appeals from orders made on complaint.

111.—Any person aggrieved by an order made by the District Court on determining a complaint under this Act may appeal therefrom to the judge of the Circuit Court within whose circuit is situate the courthouse in which the decision of the District Court was given, and the decision of the judge of the Circuit Court on any such appeal shall be final and conclusive and not appealable.

112 Special provisions as to evidence.

112.—(1) If a person is found in a factory (not being a factory in which the only persons employed are members of the same family dwelling there) 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 Act to have been then employed in the factory.

(2) Where, in any proceedings under this Act with respect to a person alleged to be a young person, the court considers that such person is apparently less than eighteen and more than fourteen years of age, it shall lie on the defendant to prove that such person is not a young person.

(3) Where any entry is required by this Act or any regulation or order 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 Act or any regulation or order made thereunder has not been made, shall be admissible as evidence that the provision has not been observed.

113 Service and sending of documents.

113.—(1) Any document (including any summons or order) required or authorised to be served or sent under this Act on or to any person may be served or sent—

(a) by delivering it to such person or, in the case of a partnership, to any of the partners, or by leaving it at, or posting it to, the residence of such person,

(b) in the case of the owner or occupier of a factory, 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 document referred to in subsection (1) of this section may be addressed, for the purpose of the service or sending thereof under this Act on or to the occupier of a factory, to “the occupier” at the proper postal address of the factory, without further name or description.

(3) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to reside at its registered office, and every other body corporate and every unincorporated body shall be deemed to reside at its principal office or place of business in the State.

114 Certificates of birth.

114.—(1) Where the age of any person is required to be ascertained or proved for the purposes of this Act, any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health and on payment of the appointed fee, be entitled to obtain a certified copy of the entry of the birth of that person in the register of births under the hand of the registrar or superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by every registrar of births and by every superintendent registrar or other person having the custody of the register.

(2) The Minister for Health may, with the consent of the Minister and the Minister for Finance, by regulations appoint fees for the purposes of this section.

115 Power of Circuit Court to modify agreements.

115.—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 any provisions of this Act or any regulation or order made thereunder or in order to conform with any standard or requirement imposed by or under this Act, he may apply to the Circuit Court for an order under this section and the Court, after hearing the parties and any witnesses whom they desire to call, may make such an order setting aside or modifying the terms of the agreement as the Court considers just and equitable in the circumstances of the case.

116 Power of Circuit Court to apportion expenses.

116.—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 any provision of this Act or any regulation or order made thereunder or in order to conform with any standard or requirement imposed by or under this Act and the owner or occupier (as the case may be) alleges that the whole or any part of the expenses of the alterations ought to be borne by the occupier or owner, the owner or occupier may apply to the Circuit Court for an order under this section and the Court, after hearing the parties and any witnesses whom they desire to call, may make such an order concerning the expenses or their apportionment as the Court 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 Court may at the request of the owner or occupier determine the lease.

PART XII. Application of Act.

117 General application of Act.

117.—Save as in this Act otherwise expressly provided, this Act shall apply only to factories, as defined by this Act, but shall, except where the contrary intention appears, apply to all such factories.

118 Application to factories belonging to the State.

118.—(1) This Act applies to factories belonging to or in the occupation of the State and to building operations and works of engineering construction undertaken by or on behalf of the State but, in case of any public emergency, the Minister may, by order, to the extent and during the period named in the order exempt from this Act any factory belonging to the State or any building operations or works of engineering construction undertaken by or on behalf of the State, or any factory in respect of work which is being done on behalf of the State.

(2) The powers conferred by this Act on a sanitary authority shall, in the case of a factory belonging to or in the occupation of the State, or building operations or works of engineering construction undertaken by or on behalf of the State, be exercised by an inspector under this Act, and any notice required by this Act to be sent to a sanitary authority shall in any such case be sent to the Minister.

PART XIII. Miscellaneous.

119 Notice of occupation of factory, and use of mechanical power.

119.—(1) A person shall, within one month after he begins to occupy, or to use any premises as, a factory, serve on the Minister a written notice stating the name of the occupier or the title of the firm, the postal address of the factory, the nature of the work, whether mechanical power is used and, if so, its nature, the name of the sanitary authority within whose district the factory is situated and such other particulars as may be prescribed, and if he fails to do so, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds or one pound for each day since the expiration of the month aforesaid, whichever is the greater.

(2) Within one month of the date upon which mechanical power is, after the commencement of this Act, first used in any factory, the occupier shall serve on the Minister a written notice stating the nature of such mechanical power.

120 Posting of abstract of Act and notices.

120.—(1) There shall be kept posted at the principal entrances of a factory at which employed persons enter—

(a) the prescribed abstract of this Act,

(b) a notice of the name of the certifying doctor for the factory,

(c) every notice and document required by this Act to be posted in the factory,

but, where an inspector directs that all or any of the aforesaid documents shall be posted in particular parts of the factory, either in addition to or in substitution for the said principal entrances, his direction shall be complied with.

(2) All the documents referred to in subsection (1) of this section shall be posted in such characters and in such positions as to be conveniently read by the persons employed in the factory and, if a form has been prescribed for any document, it shall be posted in that form.

(3) If any person wilfully pulls down, injures or defaces any abstract, notice, regulations or other document, posted in pursuance of this Act, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

121 Posting and giving copies of special regulations.

121.—Printed copies of all special regulations for the time being in force in any factory or the prescribed abstract of such regulations shall be kept posted in the factory in such characters and in such positions as to be conveniently read by the persons employed in the factory.

122 General registers.

122.—(1) There shall be kept in every factory, or in such place outside the factory as may be approved by an inspector, a register, in the prescribed form, called the general register, and there shall be entered in or attached to that register—

(a) the prescribed particulars as to the young persons employed in the factory,

(b) the prescribed particulars as to the washing, whitewashing or colour washing, painting or varnishing, of the factory,

(c) the prescribed particulars as to every accident and case of industrial disease occurring in the factory of which notice is required to be sent to the Minister,

(d) particulars showing every special exception of which the occupier of the factory avails himself,

(e) all reports and particulars required by any other provision of this Act to be entered in or attached to the general register,

(f) such other matters as may be prescribed.

(2) There shall be attached to the general register a copy of the certificate of the sanitary authority relating to means of escape in the case of fire.

(3) The occupier of a factory shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his duties under this Act.

123 Preservation of registers and records.

123.—The general register and every other register or record kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any inspector or by the certifying doctor for at least two years, or such other period as may be prescribed for any class or description of register or record, after the date of the last entry in the register or record.

124 Periodical return of persons employed.

124.—(1) The occupier of every factory shall, on or before such days as may be prescribed, send to the Minister a correct return specifying, with respect to such day or days, or such period, as may be prescribed, the number of persons employed in the factory, and giving such particulars as may be prescribed, as to the hours of employment of women and young persons employed, as to the age, sex and occupation of all persons employed and as to such other matters, if any, as may be prescribed.

(2) The occupier of any place to which any of the provisions of this Act apply shall, if so required by the Minister, make the like returns as are required by subsection (1) of this section and, in case of any default in so doing, shall be guilty of an offence under this section.

125 Duties of persons employed.

125.—(1) A person employed in a factory or in any other place to which any provisions of this Act apply shall not wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Act for securing the health, safety or welfare of the persons employed in the factory or place, and where any means or appliance for securing health or safety is provided for the use of any such person under this Act, he shall use the means or appliance.

(2) A person employed in a factory or in any other place to which any provisions of this Act apply shall not wilfully and without reasonable cause do anything likely to endanger himself or others.

126 Prohibition of deductions from wages.

126.—Save as otherwise expressly provided under this Act, the occupier of a factory shall not in respect of anything to be done or provided by him in pursuance of this Act, make any deduction from the sum contracted to be paid by him to any person employed or receive or allow any person in his employment to receive any payment from any such person.

127 Advisory Council.

127.—(1) There shall be a council consisting of a chairman and eight ordinary members (in this section referred to as the Advisory Council) to perform the functions assigned to it by this section.

(2) The Advisory Council shall consider, and advise the Minister on, any matters arising on or in relation to the execution of this Act (including any proposals by the Minister to make, amend or revoke any orders or regulations under this Act) which the Minister may refer to the Council.

(3) The Advisory Council may, as they consider necessary from time to time, advise the Minister on:—

(a) the desirability of making, amending or revoking any orders or regulations under this Act;

(b) matters relating to the enforcement of the provisions of this Act or of orders or regulations made under this Act;

(c) the organisation or promotion of safety and welfare campaigns among employees and employers;

(d) the organisation of lectures, film shows or exhibitions, the publication of posters or pamphlets or any other measures, being lectures, film shows, exhibitions, posters, pamphlets or measures designed to educate employees and employers on questions of safety and welfare in factories and on methods of safeguarding and improving the health of workers.

(4) The chairman and the ordinary members of the Advisory Council shall be appointed by the Minister.

(5) The first such appointment shall be made as soon as conveniently may be after the passing of this Act and subsequent appointments shall be made from time to time as occasion requires.

(6) In appointing persons to be ordinary members of the Advisory Council, the Minister shall include persons representative of organisations of employees and of organisations of employers.

(7) The chairman and the ordinary members of the Advisory Council shall hold office for such period as the Minister may decide.

(8) On the request of the Advisory Council and subject to the consent of the Minister, an inspector may attend a meeting of the Advisory Council for the purpose of giving any information which the Advisory Council may request for the purposes of discharging its functions.

128 Provisions as to quarries and pit banks.

128.—(1) The provisions of the Quarries Act, 1894, shall apply to all quarries of whatever depth, but for the purposes of that Act the word “quarry” shall not include any place in which any manufacturing process (other than a process ancillary to the getting of minerals, including the breaking, crushing, grinding, screening, washing or dressing of such minerals) is carried on.

(2) The provisions of section 19 of the Mining Industry Act, 1920 (which empowers the Minister to make general and special regulations with respect to metalliferous mines) shall apply to quarries as they apply to metalliferous mines, but with this modification, that for the reference in that section to the general rules contained in section 23 of the Metalliferous Mines Regulation Act, 1872, there shall be substituted a reference to the provisions of that Act which apply to quarries.

FIRST SCHEDULE. Enactments Repealed.

Session and Chapter	Short Title	Extent of Repeal
41 & 42 Vic., c. 52.	Public Health (Ireland) Act, 1878.	Sections 48 and 107 so far as they relate to factories within the meaning of this Act.
53 & 54 Vic., c. 59.	Public Health Acts Amendment Act, 1890.	Section 22 so far as it relates to factories within the meaning of this Act.
57 & 58 Vic., c. 42.	Quarries Act, 1894.	In section 1, the words “and any part of which is more than twenty feet deep”;
		Section 3.
1 Edw. VII, c. 22.	Factory and Workshop Act, 1901.	The whole Act.
6 Edw. VII, c. 49.	Census of Production Act, 1906.	Section 10.
6 Edw. VII, c. 33.	Notice of Accidents Act, 1906.	Section 4;
		Section 5 so far as it relates to factories and workshops.
7 Edw. VII, c. 39.	Factory and Workshop Act, 1907.	The whole Act.
8 Edw. VII, c. 42.	White Phosphorus Matches Prohibition Act, 1908.	Section 1.
1 & 2 Geo. V, c. 21.	Factory and Workshop (Cotton Cloth Factories) Act, 1911.	The whole Act.
6 & 7 Geo. V, c. 31.	Police, Factories, &c. (Miscellaneous Provisions) Act, 1916.	Sections 7, 8 and 9.
10 & 11 Geo. V, c. 62.	Women and Young Persons (Employment in Lead Processes) Act, 1920.	The whole Act.

SECOND SCHEDULE. Table of Humidity.

I.	II.
Dry Bulb Thermometer Readings. Degrees Fahrenheit.	Wet Bulb Thermometer Readings. Degrees Fahrenheit.
50	48
51	49
52	50
53	51
54	52
55	53
56	54
57	55
58	56
59	57
60	58
61	59
62	60
63	61
64	62
65	63
66	64
67	65
68	66
69	67
70	68
71	685
72	69
73	70
74	705
75	715
76	72
77	73
78	735
79	745
80	755
81	76
82	765
83	775
84	78
85	79
86	80

THIRD SCHEDULE Procedure for making Special Regulations.

(a) the specific grounds of objection,

(b) the omissions, additions, or modifications asked for.

(a) the Minister shall appoint a competent person or competent persons to hold the inquiry, and to report to him thereon,

(b) the inquiry shall be held in public, and any inspector and any objector and any other person who, in the opinion of the person holding the inquiry or, if there is more than one such person, of the person presiding over the inquiry, is affected by the draft regulations, may appear at the inquiry either in person or by counsel, solicitor, or agent,

(c) the witnesses may, if the person holding or presiding over the inquiry thinks fit, be examined on oath (which such person is hereby empowered to administer),

(d) subject as aforesaid, the inquiry and all proceedings preliminary and incidental thereto shall be conducted in accordance with rules made by the Minister and the rules may make provision as to the costs of the inquiry and other proceedings, including the remuneration of the person or persons holding the inquiry.

(a) by or on behalf of the majority of the occupiers of the factories affected by the draft regulations or by or on behalf of the occupier or occupiers employing a majority of the persons employed in those factories; or by any person who satisfies the Minister that he or an association on behalf of which he acts, represents a majority of the persons employed in those factories, or

(b) by or on behalf of the majority of the occupiers of any class or description of factories affected as respects which it appears to the Minister that, by reason of special conditions existing in connection therewith, there is reason to believe that any of the requirements of the draft regulations may be unnecessary or inappropriate in the case of that class or description, or by or on behalf of the occupier or occupiers employing a majority of the persons employed in any such class or description of factories as aforesaid; or by any person who satisfies the Minister that he or an association on behalf of which he acts represents a majority of the persons employed in any such class or description of factories as aforesaid.