sec.46Evidentiary provisions

### sec.46 Evidentiary provisions In proceedings under or for the purposes of this Act (whether for an offence or not)— the allegation or averment in a complaint that the defendant therein was, at the time of commission of an offence, occupier of the factory or shop or place of public amusement in question is sufficient proof of the matter alleged or averred until the contrary is proved; the due appointment as industrial inspector of any person claiming to be, or stated to be, an industrial inspector is to be presumed in the absence of evidence to the contrary; the authority of an industrial inspector to take a proceeding, or do any action, is to be presumed in the absence of evidence to the contrary; a signature purporting to be that of the Minister or an industrial inspector is to be taken as the signature of that person in the absence of evidence to the contrary; a document purporting to be a duplicate or copy of a notice or permit given or issued under this Act, upon its production in the proceedings, is admissible therein as evidence and, in the absence of evidence to the contrary, conclusive evidence of the original thereof; the limits of any district or part of the State, or of any road or other place, and the situation of premises in or outside a particular district or part of the State are, or is, to be presumed in the absence of evidence to the contrary; a document, or a copy of a document, purporting to be an extract from the QIRC website purporting to contain notification of a decision, declaration or order of the industrial court or industrial commission is admissible as evidence of the lawful making of the decision or order, and as conclusive evidence of the matters contained in the notification; a certificate purporting to be that of the chief industrial inspector that an article or class of article specified therein is such that a reasonable person would expect the article, or an article of that class, to be sold in a shop of a description specified therein is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. s 46 amd 2009 No. 38 s 53 ; 2017 No. 26 s 29 - (a) the allegation or averment in a complaint that the defendant therein was, at the time of commission of an offence, occupier of the factory or shop or place of public amusement in question is sufficient proof of the matter alleged or averred until the contrary is proved; - (b) the due appointment as industrial inspector of any person claiming to be, or stated to be, an industrial inspector is to be presumed in the absence of evidence to the contrary; - (c) the authority of an industrial inspector to take a proceeding, or do any action, is to be presumed in the absence of evidence to the contrary; - (d) a signature purporting to be that of the Minister or an industrial inspector is to be taken as the signature of that person in the absence of evidence to the contrary; - (e) a document purporting to be a duplicate or copy of a notice or permit given or issued under this Act, upon its production in the proceedings, is admissible therein as evidence and, in the absence of evidence to the contrary, conclusive evidence of the original thereof; - (f) the limits of any district or part of the State, or of any road or other place, and the situation of premises in or outside a particular district or part of the State are, or is, to be presumed in the absence of evidence to the contrary; - (g) a document, or a copy of a document, purporting to be an extract from the QIRC website purporting to contain notification of a decision, declaration or order of the industrial court or industrial commission is admissible as evidence of the lawful making of the decision or order, and as conclusive evidence of the matters contained in the notification; - (h) a certificate purporting to be that of the chief industrial inspector that an article or class of article specified therein is such that a reasonable person would expect the article, or an article of that class, to be sold in a shop of a description specified therein is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.