India
The Factories Act, 1948 [Act
No. 63 of 1948]
As amended by the Factories (Amendment) Act, 1987
CONTENTS
CHAPTER I: Preliminary
1. Short title, extent and commencement
2. Interpretation
3. References to time of day
4. Power to declare different departments to be separate factories
or two
or more factories to be a single factory
5. Power to exempt during public emergency
6. Approval, licensing and registration of factories
7. Notice by occupier
CHAPTER II: The Inspecting Staff
7A. General duties of the occupier
7B. General duties of manufacturers, etc., as regards articles and
substances for use in factories
8. Inspectors
9. Powers of Inspectors
10. Certifying Surgeons
CHAPTER III: Health
11. Cleanliness
12. Disposal of wastes and effluents
13. Ventilation and temperature
14. Dust and fume
15. Artificial humidification
16. Overcrowding
17. Lighting
18. Drinking water
19. Latrines and urinals
20. Spittoons
CHAPTER IV: Safety
21. Fencing of machinery
22. Work on or near machinery in motion
23. Employment of young persons on dangerous machines
24. Striking gear and devices for cutting off power
25. Self-acting machines
26. Casing of new machinery
27. Prohibition of employment of women and children near cotton-openers
28. Hoists and lifts
29. Lifting machines, chains, ropes and lifting tackles
30. Revolving machinery
31. Pressure Plant
32. Floors, stairs and means of access
33. Pits, sumps, openings in floors, etc.
34. Excessive weights
35. Protection of eyes
36. Precautions against dangerous fumes, gases, etc.
36A. Precautions regarding' the use of portable electric light
37. Explosive or inflammable dust, gas, etc.
38. Precautions in case of fire
39. Power to require-specifications of defective parts or tests of
stability
40. Safety of buildings and machinery
40A. Maintenance of buildings
40B. Safety officers
41. Power to make rules to supplement this Chapter
CHAPTER IVA: Provisions relating to Hazardous
processes
41A. Constitution of Site Appraisal Committees
41B. Compulsory disclosure of information by the occupier
41C. Specific responsibility of the occupier in relation to
hazardous processes
41D. Power of Central Government to appoint Inquiry Committee
41E. Emergency standards
41F. Permissible limits of exposure of chemical and toxic
substances
41G. Worker's participation in safety management
41H. Right of workers to warn about imminent danger
CHAPTER V: Welfare
42. Washing facilities
43. Facilities for storing and drying clothing
44. Facilities for sitting
45. First-aid appliances
46. Canteens
47. Shelters, rest-rooms and lunch-rooms
48. Creches
49. Welfare Officers
50. Power to make rules to supplement this Chapter
CHAPTER VI: Working hours of adults
51. Weekly hours
52. Weekly holidays
53. Compensatory holidays
54. Daily hours
55. Intervals for rest
56. Spreadover
57. Night shifts
58. Prohibition of overlapping shifts
59. Extra wages for overtime
60. Restriction on double employment
61. Notice of periods of work for adults
62. Register of adult workers
63. Hours of work to correspond with notice under section 61
and register under section 62
64. Power to make exempting rule
65. Power to make exempting orders
66. Further restrictions on employment of women
CHAPTER VII: Employment of young persons
67. Prohibition of employment of young children
68. Non-adult workers to carry tokens
69. Certificate of fitness
70, Effect of certificate of fitness granted to adolescent
71. Working hours for children
72. Notice of period of work for children
73. Register of child workers
74. Hours of work to correspond with notice under section 72 and register
under section 73
75. Power to require medical examination
76. Power to make rules
77. Certain other provisions of law not barred
CHAPTER VIII: Annual leave with wages
78. Application of Chapter
79. Annual leave with wages
80. Wages during leave periods
81. Payment in advance in certain cases
82. Mode of recovery of unpaid wages
83. Power to make rules
84. Power to exempt factories
CHAPTER IX: Special provisions
85. Power to apply the Act to certain premises
86. Power to exempt public institution
87. Dangerous operations
87A. Power to prohibit employment on account of serious hazard
88. Notice of certain accident
88A. Notice of certain dangerous occurrences
89. Notice of certain diseases
90. Power to direct inquiry into cases of accident or disease
91. Power to take samples
91A. Safety and occupational health surveys
CHAPTER X: Penalties and procedure
92. General penalty for offences
93. Liability of owner of premises in certain circumstances
94. Enhanced penalty after previous conviction
95. Penalty for obstructing Inspector
96. Penalty for wrongfully disclosing results of analysis under section 91
96A. Penalty for contravention of the provisions of sections 41B,41C and 41H
97. Offences by workers
98. Penalty for using false certificate of fitness
99. Penalty for permitting double employment of child
100. Omitted by the Factories (Amendment) Act, 1987
101. Exemption of occupier or manager from liability in certain cases
102. Power of court to make orders
103. Presumption as to employment
104. Onus as to age
104A.Onus of proving limits of what is practicable, etc.
105. Cognizance of offences
106. Limitation of prosecution
106A.Jurisdiction of a court for entertaining proceedings, etc, for offence
CHAPTER XI: Supplemental
107. Appeals
108. Display of notices
109. Service of notices
110. Returns
111. Obligations of workers
111A.Right of workers, etc.
112. General power to make rules
113. Powers of Centre to give directions
114. No charge for facilities and conveniences
115. Publication of rules
116. Application of Act to Government factories
117. Protection of the persons acting under this Act
118. Restriction on disclosure of information
118A.Restriction on disclosure of information
119. Act to have effect notwithstanding anything contained in Act 37 of 1970
120. Repeal and savings
The First Schedule-List of Industries involving
hazardous processes
The Second Schedule-Permissible levels of certain
chemical substances
in work environment
The Third Schedule-List of notifiable diseases
The Factories (Amendment) Act, 1987
A BRIEF CRITICAL REVIEW.----The Factories (Amendment)
Act, 1987 has come
into force with effect from 1.12.1987. The only provisions which were brought
into force from 1.6.88 relate to Schedule II and Section 41F. Almost every
Association and Chamber of Employers made objections to the amendment but
their voice was lost before the consideration of safety consciousness and the
whole Act was made through and nothing was changed.
The amending Act has conferred vast power on Factory
Inspectors with the
genuine object of implementing the safety provision of the Act and creating
safety awareness amongst workers and the management but the question is
whether our Inspectors would really be able to implement the provision
effectively. The Act leaves important and complex points to the discretion of
Inspectors thus placing heavy responsibility on them. Needless to say in view
of the specialised and hazardous nature of the processes employed in modern
factories, it is too much to expect them to give correct guidance, as and when
necessary to employers or managers in the absence of expert knowledge about
all these matters.
The Act was last amended in 1976. In 1976 too
amendments were made with
a view to reinforcing provisions relating safety and health of persons at work
in the factory. Since then things have changed a lot. There have been
substantial modernisation and innovation in the industrial field. Chemical
Industries producing or using hazardous chemical substances have brought into
sharp focus the problems of industrial safety and health. Considered in the
context of these problems, the Amendment Act of 1987 can be said to be a
milestone in safety consciousness. No doubt the Amendment Act, 1987 has
imposed quite a number of conditions and limitations on the management with
a view to ensure health and safety of workers as well as the public at large
living in adjacent areas. No doubt all these would mean not only additional
expenditure but also additional responsibility for the employers. It is good
that workers have been given the right to participate in safety management
through safety committees. When this salutary arrangement has been provided,
it would have been better to make the safety committee answerable for all
defaults and contraventions at the first instance. Employers are to be hauled
up only when recommendations of the safety committee are either ignored or
accidents are the result of delay in implementing the recommendation of
provisions of the Act, apart from increasing the responsibility of the Safety
Committee, there should have more responsibility on officials of the Factory
Directorate to visit factories occasionally to train up members of the Safety
Committees properly so that they can scope with various problems arising out
of hazardous processes with the required efficiency and promptness.
INDIA
The Factories Act, 1948 [ Act No. 63 of 1948 ]
[As amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987)]
CHAPTER I: Preliminary
1. Short title, extent and commencement. -
(1) This Act may be called the Factories Act, 1948.
(2) It extends to the whole of India
(3) It shall come into force on the 1st day of April, 1949.
2. Interpretation. -
In this Act, unless there is anything repugnant in the subject or context,-
(a) "adult" means a person who has completed his eighteenth year of
age;
(b) "adolescent" means a person, who has completed his fifteenth year
of age
but has not completed his eighteenth year;
(bb) "calendar year" means the period of twelve months beginning with
the
first day of January in any year;
(c) "child" means a person who has not completed his fifteenth year of
age;
(ca) "competent person", in relation to any provision of this Act,
means a
person or an institution recognised as such by the Chief Inspector for the
purposes of carrying out tests, examinations and inspections required to be
done in a factory under the provisions of this Act having regard to-
(i) the qualifications and experience of the person and
facilities
available at his disposal, or
(ii) the qualifications and experience of the persons
employed in such
institution and facilities available therein, with regard to the conduct of
such tests, examinations and inspections, and more than one person or
institution can be recognised as a competent person in relation to a factory;
(cb) "hazardous process" means any process or activity in relation to
an
industry specified in the 'First Schedule where, unless special care is taken,
raw materials used therein or the intermediate or finished products,
bye-products, wastes or effluents thereof would-
(i) cause material impairment to the health of the
persons engaged in
or connected therewith, or
(ii) result in the pollution of the general
environment:
Provided that the State Government may, by notification
in the Official
Gazette, amend the First Schedule by way of addition, omission or variation
of any industry specified in the said Schedule;
(d) "young person" means a person, who is either a child or an
adolescent;
(e) "day" means a period of twenty-four hours beginning at midnight;
(f) "week" means a period of seven days beginning at midnight on
Saturday night or such other night as may be approved in writing for a
particular area by the Chief Inspector of Factories;
(g) "power" means electrical energy, or any other form of energy,
which is mechanically transmitted and is not generated, by human or animal
agency;
(h) "prime-mover" means any engine, motor or other appliance, which
generates
or otherwise provides power;
(i) "transmission machinery" means any shift, wheel, drum, pulley,
system of
pulleys, coupling, clutch, driving belt or other appliance or device by which
the motion of a prime-mover is transmitted to or received by any machinery or
appliance;
(j) "machinery" includes prime-movers, transmission machinery and all
other
appliances, whereby power is generated, transformed,
transmitted or applied;
(k) "manufacturing process" means any process for-
(i) making, altering, repairing, ornamenting,
finishing, packing,
oiling, washing, cleaning, breaking up, demolishing or otherwise treating or
adopting any article or substance with a view to its use, sale, transport,
delivery or disposal; or
(ii) pumping oil, water, sewage, or any other
substance; or
(iii) generating, transforming or transmitting power;
or
(iv) composing types for printing, printing by letter
press,
lithography, photogravure or other similar process or book-binding; or
(v) constructing, reconstructing,, repairing,
refitting, finishing or
breaking up ships or vessels; or
(Vi) preserving or storing any article in cold storage
;
(l) "worker" means a person employed directly or by or through any
agency
(including a contractor) with or without the knowledge of the principal
employer whether for remuneration or not in any
manufacturing process, or in cleaning any part of the machinery or premises
used for a manufacturing process, or in any other kind of work incidental to,
or connected with the manufacturing process, or the subject of the
manufacturing process but does not include any member of the armed forces of
the Union;
(m) "factory" means any premises including the precincts thereof-
(i) whereon ten or more workers are working, or were
working on any day
of the preceding twelve months, and in any part of
which a manufacturing process is being carried on with the aid
of power, or is ordinarily so carried on, or
(ii) whereon twenty or more workers are working, or
were working on any
day of the preceding twelve months, and in any part of which a manufacturing
process is being carried on without the aid of power, or is ordinarily so
carried on,-
but does not include a
mine subject to the operation of the Mines
Act, 1952 (XXXV of 1952) or a mobile unit belonging
to the armed forces of the Union, a railway running shed or a
hotel, restaurant or eating place;
Explanation I.---For computing the number of workers
for the
purposes of this clause all the workers in different groups and relays in a
day shall be taken into account;
Explanation II.---For the purposes of this clause, the
mere fact that
an Electronic Data Processing Unit or a Computer Unit is installed in any
premises or part thereof, shall not be construed to make it a factory if no
manufacturing process is being carried on in such premises or part thereof ;
(n) "occupier" of a factory means the person, who has ultimate control
over
the affairs of the factory,
Provided that-
(i) in the case of a firm or other association of
individuals, any one
of the individual partners or members thereof shall be deemed to be the
occupier;
(ii) in the case of a company, any one of the
directors, shall be deemed
to be the occupier:
(iii) in the case of a factory owned or controlled by
the Central
Government or any State Government, or any local authority, the person or
persons appointed to manage the affairs of the factory by the Central
Government, the State Government or the local authority, as the case may be,
shall be deemed to be the occupier :
Provided further that in the case of a ship which is
being
repaired, or on which maintenance work is being carried out,
in a dry dock which is available for hire,
(1) the owner of the dock shall be deemed to be the occupier for the purposes
of any matter provided for by or under-
(a) section 6, section 7, section 7A, section 7B,
section 11 or section
12;
(b) section 17, in so far as it relates to the
providing and maintenance
of sufficient and suitable lighting in or around the dock;
(e) section 18, section 19, section 42, section 46,
section 47 or
section 49, in relation to the workers employed on such repair or maintenance;
(2) the owner of the ship or his agent or master or other officer-in-charge
of the ship or any person who contracts with such owner, agent or master or
other officer-in-charge to carry out the repair or maintenance work shall be
deemed to be the occupier for the purposes of any matter provided for by or
under section 13, section 14, section 16 or section 17 (save as otherwise
provided in this proviso) or Chapter IV (except section 27) or section 43,
section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX
or section 108, section 109 or section 110, in relation to-
(a) the workers employed directly by him or by or
through any agency;
and
(b) the machinery, plant or premises in use for the
purpose of carrying
out such repair or maintenance work by such owner, agent, master or other
officer-in-charge or person ;
(o) [Omitted];
(p) "prescribed" means prescribed by rules made by the State
Government under
this Act;
(q) [Omitted];
(r) where work of the same kind is carried out by two or more sets of workers
working during different periods of the day, each of such sets is called a
"group" or "relay" and each of such periods is called a
"shift".
3. Reference to time of day. -
In this Act references to time of day are references to Indian Standard Time
being five and a half hours, ahead of Greenwich Mean Time:
Provided that for any area in which Indian Standard
Time is not
ordinarily observed the State Government may make rules-
(a) specifying the area,
(b) defining the local mean time ordinarily observed
therein, and
(c) permitting such time to be observed in all or any
ofthe factories
situated in the area.
4. Power to declare different departments to be
separate factories or
two or more factories to be a single hctory. -
The State Government may, on its own or on an application made in this behalf
by an occupier, direct by an order in writing and subject to such conditions
as it may deem fit, that for all or any of the purposes of this Act different
departments or branches of a factory of the occupier specified in the
application shall be treated as separate factories or that two or more
factories of the occupier specified in the application shall be treated as a
single factory.
Provided that no order under this section shall be made
bythe State
Government on its own motion unless an opportunity of being heard is given to
the occupier.
5. Power to exempt during public emergency. -
In any case of a public emergency the State Government may, by notification
in the Official Gazette, exempt any factory or class or description of
factories from all or any of the provisions of this Act except section 67 for
such period and subject to such conditions as it may think fit:
Provided that no such notification shall be made for a
period exceeding
three months at a time.
Explanation. - For the purposes of this section 'public
emergency' means
a grave emergency whereby the security of India or of any part of the
territory thereof is threatened, whether by war or external aggression or
internal disturbance.
6. Approval, licensing and registration of factories. -
(1) The State Government may make rules-
(a) requiring for the purposes of this Act, the
submission of plans of
any class or description of factories to the Chief Inspector or the State
Government ;
(aa) requiring the previous permission in writing of
the State
Government or the Chief Inspector to be obtained for the site on which the
factory is to be situated and for the construction or extension of any factory
or class or description of factories;
(b) requiring for the purpose of considering
applications for such
permission the submission of plans and specificatioqns;
(c) prescribing the nature of such plans and
specifications and by whom
they shall be certified;
(d) requiring the registration and licensing
offactories, or any class
or description of factories, and prescribing the fees payable for such
registration and licensing and for the renewal of licences;
(e) requiring that no licence shall be granted or
renewed unless the
notice specified in section 7 has been given.
(2) If on an application for permission referred to in clause (aa) of
sub-section (1) accompanied by the plans and specifications required by the
rules made under clause (b) of that sub-section, sent to the State Government
or Chief Inspector by registered post, no order is communicated to the
applicant within three months from the date on which it is so sent, the
permission applied for in the said application shall be deemed to have been
granted.
(3) Where a State Government or a Chief Inspector refuses to grant permission
to the site, construction or extension of a factory or to the registration and
licensing of a factory, the applicant may within thirty days from the date of
such refusal, appeal to the Central Government if the decision appealed
for was of the State Government, and to the State Government in any other
case.
Explanation. - A factory shall not be deemed to be
extended within the
meaning of this section by reason only of the replacement of any plant or
machinery, or within such limils as may be prescribed, of the addition of any
plant or machinery. If such replacement or addition does not reduce the
minimum clear space required for safe working around the plant or machinery
or adversely affect the environment conditions from the evolution or emission
of steam, heat or dust or Iumes which are injurious to health.
7. Notice by occupier. -
(1) The occupier shall, at least fifteen days before he begins to occupy or,
use any premises as a factory, send to the Chief Inspector a written notice
containing-
(a) the name and situation of the factory;
(b) the name and address of the occupier;
(bb) thc name and address of the owner of the premises
or building
(including the precincts thereof ) referred to in section 93;
(c) the address io which communication relating to the
factory may be
sent;
(d) the nature of the manufacturing process-
(i) carried on in the
factory during the last twelve months in the
case offactories in existence on the date of the commencement of this Act, and
(ii) to be carried on in
the factory during the next twelve months
in the case of all factories;
(e) the total rated horse power installed or to be
installed in the
factory, which shall not include the rated horsc power of any separate standby
plant;
(f) the name of the rnanager of the factory for the
purposes of this
Act;
(g) the number of workers likely to be employed in the
factory:
(h) the average number of workers per day employed
during the last
twelve months in the case of a factory in existence on the date of the
commencement of this Act;
(i) such other particulars as may be prescribed.
(2) In respect of all establishments, which come within the scope of the Act
for the first time the occupier shall send a written notice to the Chief
Inspector containing the particulars specified in sub-section (1) within
thirty days from the date of the commencement of this Act.
(3) Before a factory engaged in a manufacturing process which is
ordinarily carried out for less than one hundred and eighty working days in
the year, resumes working, thc occupier shall send a written notice to the
Chief Inspector containing the particulars specified in sub-section (1) that
least thirty
days before the date of the commencement of work.
(4) Whenever a new manager is appointed, the cccupies shall send to the
Inspector a written notice and to the Chief Inspector a copy thereof within
seven days from the date on which such person takes over charge.
(5) During a period for which no person has been designated as
manager of a factory or during which the person designated does not manage the
factory, any person found acting as manager, or if no such person is found,
the occupier himself, shall be deemed to be the manager of the factory for the
purposes of this Act.
CHAPTER II: The Inspecting Staff
7A. General duties of the occupier. -
(1) Every occupier shall ensure, so far as is reasonably practicable, the
health, safety and w,elfare of all workers while they are at work in the
factory.
(2) Without prejudice to the generality of the provisions of sub-section (1),
the matters to which such duty extends, shall include-
(a) the provision and maintenance of plant and systems
of work in the
factory that are safe and without risks to health;
(b) the arrangement in the factory for ensuring safety
and absence of
risks to health in connection with the use, handling, storage and transport
of articles and substances;
(c) the provision of such information, instruction,
training and
supervisions as are necessary to ensure the health and safety of all workers
at work;
(d) the maintenance of all places of work in the
factory in a condition
that is safe and without risks to health and the provision and maintenance of
such means of access to, and egress from, such place as are safe and without
such risks;
(e) the provision, maintenance or monitoring of such
working environment
in the factory for the workers that is safe, without risks to health and
adequate as regards facilities and arrangements for their welfare at work.
(3) Except in such cases as may be prescribed, every occupier shall prepare,
and, as often as may be appropriate, revise, a written statement of his
general policy with respect to the health and safety of the workers at work
and the organisation and arrangements for the time being in force for carrying
out thatpolicy, and to bring the statement and any revision thereof to the
notice of all the workers in such manner as may be prescribed.
7B. General duties of manufacturers, etc., as regards
articles and
sub-stancesfor use in factories. -
(1) Every person who designs, manufactures, imports or supplies any article
for use in any factory shall-
(a) ensure, so far as is reasonably practicable, that
the article is so
designed and constructed as to be safe and withovt risks to the health of the
workers when properly used;
(b) carry out or arrange for tlle carrying out of such
tests and
examination as may be considered necessary for the effective implementation
of the provisions of clause (a);
(c) take such steps as may be necessary to ensure that
adequate
information will be available-
(i) in connection with
the use of the article in any factory;
(ii) about the use for
which it is designed and tested; and
(iii) about any
conditions necessary to ensure that the article,
when put to such use, will be safe, and without risks to the health of the
workers:
Provided that where an article is designed or
manufactured outside
India, it shall be obligatory on the part of the importer to see-
(a) that the article conforms to the same standards if
such article is
manufactuted in India, or
(b) if the standards adopted in the country outside for
the manufacture
of such article is above the standards adopted in India, that the article
conforms to such standards
(2) Every person, who undertakes to design or manufacture any article for use
in any factory, may carry out or arrange for the carrying out of necessary
research with a view to the discovery and, so far as is reasonably
practicable, the elimination or minimisation of any risks to the health or
safety of the workers to which the design or article may give rise.
(3) Nothing contained in sub-sections (1) and (2) shall be construed to
require a person to repeat the testing examination or research which has been
carried out otherwise than by him or at his instance on so far as it is
reasonable for him to rely on the results thereof for the purposes of the said
sub-sections.
(4) And duty imposed on any person by sub-sections (1) and (2) shall extend
only to things done in the course of business carried on by him and to matters
within his control.
(5) Where a person designs, manufactures, imports or supplies an aricle on the
basis of a written undertaking by the user of such article to take the steps
specified in such undertaking to ensure, so far as is reasonably practicable,
that the article will be. safe and without risks to the health of the workers
when properly used, the undertaking shall have the effect of relieving the
person designing, manufacturing, importing or supplying the article from the
duty imposed by clause (a) of sub-section (1) to such extent as is reasonably
having regard to the terms of the
undertaking.
(6) For the purposes of this section, an article is not to be regarded as
properly used if it is used without regard to any information or advice
relating to its use which as been made available by the person who has
designed, manufactured, imported or supplied the article.
8. Inspectors. -
(1) The State Government may, by notification in the Official Gazette, appoint
such persons as possessing the prescribed qualification to be Inspectors for
the purposes of this Act and may assign to them such local limits as it may
think fit.
(2) The State Government may, by notification in the Offlcial Gazette, appoint
any person to be a Chief Inspector who shall, in addition to powers conferred
on Chief Inspector under this Act, exercise the powers of an Inspector
throughout the State.
(2A) The State Government may, by notification in the Official
Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors
and Deputy Chief Inspectors and as many other offlcers as it thinks fit to
assist the Chief Inspector and to exercise such of the powers of the Chief
Inspector as may be specified in such notification.
(2B) Every additional Chief Inspector, Joint Chief Inspector, Deputy Chief
Inspector and every other officer appointment under sub-section (2A) shall,
in addition to the powers of a Chief Inspector specified in the notification
by which he is appointed, exercise the power of an Inspector throughout the
State.
(3) No person shall be appointed under sub-section (1), sub-section (2),
sub-section (2A) or sub-section (5), or having been so appointed, shall
continue to hold office, who is or becomes directly or indirectly interested
in a factory or in any process or business carried on therein or in any patent
or
machinery connected therewith.
(4) Every District Magistrate shall be an Inspector for his district.
(5) The State Government may also, by notification as aforesaid,
appoint such public officers as it thinks fit to be additional Inspectors for
all or any of the purposes of this Act, within such local limits as it may
assign to them respectively.
(6) In any area where there are more Inspectors than one the State Government
may, by notification as aforesaid, declare the powers which such Inspectors
shall respectively exercise and the Inspector to whom the prescribed notices
are to be sent.
(7) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector,
Deputy Chief Inspector, Inspector and every other officer appointed under this
section, shall be deemed to be a public servant within the meaning of the
Indian Penal Code (XLV of 1860), and shall be offlcially subordinate to such
authority as the State Government may specify in this behalf.
9. Powers of Inspectors. -
Subject to any rules made in this behalf, an Inspector may, within the local
limits for which he is appointed,-
(a) enter with such assistants, being persons in the
service of the
Government, or any local or other public authority or with an expert, as he
thinks fit, any place which is used, or which he has reason to believe, is
used as a factory;
(b) make examination of the premises, plant, machinery,
article or
substance;
(c) inquire into any accident or dangerous occurrence,
whether resulting
in bodily injury, disability or not, and take on the spot or otherwise
statements of any person which he may consider necessary for such inquiry;
(d) require the production of any prescribed register
or any other
document relating to the factory;
(e) seize, or take copies of, any register, record or
other document or
any portion thereof, as he may consider necessary in respect of any offence
under this Act, which he has reason to believe, has been committed;
(f) direct the occupier that any premises or any part
thereof, or
anything lying therein, shall be left undisturbed (whether generally or in
partticular respects) for so long as is necessary for the purpose of any
examination under clause (b);
(g) take measurements and photographs and make such
recordings as he
considers necessary for the purpose of any examination under clause (b),
taking with him any necessary instrument or equipment;
(h) in case of any article of substance found in any
premises, being an
article or substance which appears to him as having caused or is likely to
cause danger to the health or safety of the workers, direct it to be
dismantled or subject it to any process or test (but not so as to damage or
destroy it unless the same is, in the circumstances necessary, for carrying
out the purposes of this Act), and take possession of any such article or
substance or a part thereof, and detain it for so long as is necessary for
such examination;
(i) exercise such other powers as may be prescribed.
10. Certifying Surgeons. -
(1) The State Government may appoint qualified medical practitioners to be
certifying surgeons for the purposes of this Act within such local limits or
for such factory or class or description of factories as it may assign to them
respectively.
(2) A certifying surgeon may, with the approval of the State Government,
authorise any qualified medical practitioner to exercise any of his powers
under this Act for such period as the certifying surgeon may specify and
subject to such conditions as the State Government may think fit to impose,
and references in this Act to a certifying surgeon shall be deemed to include
references to any qualified medical practitioner when so authorised.
(3) No person shall be appointed to be, or authorised to exercise the powers
of, a certifying surgeon, or having been so appointed or authorised, continue
to exercise such powers, who is or becomes the occupier of a factory or is or
becomes directly or indirectly interested therein or in any process or
business carried on therein or in any patent or machinery connected therewith
or is otherwise in the employ of the factory:
Provided that the State Government may, by order in writing and subject to
such conditions as may be specified in the order exempt any person or class
of persons from the provisions of this sub-section in respect of any factory
or class or description of factories.
(4) The certifying surgeon shall carry out such duties as may be prescribed
in connection with-
(a) the examination and certification of young persons
under this Act;
(b) the examination of persons engaged in factories in
such dangerous
Occupations or processes as may be prescribed;
(c) the exercising of such medical supervisions as may
be prescribed for
any factory or class or description of factories where-
(i) cases of illness have
occurred, which it is reasonable to
believe are due to the nature of the manufacturing process carried on, or
other conditions of work prevailing, therein;
(ii) by reason of any
change in the manufacturing process carried
on or in the substances used therein or by reason of the adoption of any new
manufacturing process, or of any new substance for use in a manufacturing
process, there is a likelihood of injury to the health of workers employed in
that manufacturing process;
(iii) young persons are,
or are about to be, employed in any work
which is likely to cause injury to their health.
Explanation. - In this section "qualified medical
practitioner" means
a person holding a qualification granted by an authority specified in the
Schedule to the Indian Medical Degrees Act, 1916 (VII of 1916), or in the
Schedule
to the Indian Medical Council Act, 1933 (XXVI1 of 1933).
CHAPTER lII: Health
11. Cleanliness. -
(1) Every factory shall be kept clean and free from effluvial arising from any
drain, privy or other nuisance, and in particular-
(a) accumulation of dirt and refuse shall be removed
daily by sweeping
or by any other effective method from the floors and benches of workrooms and
from staircases and passages and disposed of in a suitable manner;
(b) the fiLoor of every workroom shall be cleaned at
least once in every
week by washing, using disinfectant where necessary, or by some other
effective method;
(c) where a floor is liable to become wet in the course
of any
manufacturing process to such extent as is capable of being drained, effective
means of drainage shall be provided as maintained;
(d) all inside walls and partitions, all ceilings or
tops of rooms and
all walls, sides and tops of passages and staircases shall-
(i) where they are 'tpainted
otherwise than with washable water
paint or varnished, be repainted or revarnished at least once in every period
of five years;
(i-a) where they are
painted with washable water paint, be
repainted with at least one coat of such paint at least once in every period
ofthree years and washed at least once in every period of six months;
(ii) where they are
painted or varnished or where they have smooth
impervious surfaces, be cleaned at least one in every period of fourteen
months by such methods as may be prescribed;
(iii) in any other case,
be kept whitewashed, or colour washed,
and the whitewashing or colourwashing shall be carried out at least once in
every period of fourteen months;
(dd) all doors and window-frames and other wooden or
metallic framework
and shutters shall be kept painted or varnished and the painting or varnishing
shall be carried out at least once in every period of five years;
(e) the dates on which the processes required by clause
(d) are carried
out shall be entered in the prescribed register.
(2) If, in view of the nature of the operations carried on in a factory or
class or description of factories or any part of a factory or class or
description of factories, it is not possible for the occupier to comply with
all or any of the provisions of sub-section (1), the State Government may by
order exempt such factory or class or descriptien of factories or part from
any of
the provisions of that sub-section and specify alternative methods for keeping
the factory in a clean state.
12. Disposal of wastes and effluents. -
(1) Effective arrangements shall be made in every factory for the treatment
of wastes and effluents due to the manufacturing process carried on therein,
so as to render them innocuous, and for their disposal.
(2) The State Government may make rules prescribing the arrangements to be
made under sub-section (1) or requiring that the arrangements made in
accordance with sub-section (1) shall be approved by such authority as may be
prescribed.
13. Ventilation and temperature. -
(1) Effect and suitable provisions shall be made in every factory for securing
and maintaining in every workroom-
(a) adequate ventilation by the circulation of fresh
air, and
(b) such a temperature as will secure to workers
therein reasonable
conditions of comfort and prevent injury to health;
and in particular,
(i) walls and roofs shall
be of such material and so designed that
such temperature shall not be exceeded but kept as low as practicable;
(ii) where the nature of
the work carried on in the factories
involves, or is likely to involve, the production of excessively high
temperature, such adequate measures as are practicable shall be taken to
protect the workers therefrom, by separating the process, which produces such
temperature from the workroom, by insulating the hot parts or by other
effective means.
(2) The State Government may prescribe a standard of adequate ventilation and
reasonable temperature for any factory or class or description of factories
or parts thereof and direct that proper measuring instruments, at such places
and in such position as may be specified, shall be provided and such records,
as may be prescribed, shall be maintained.
(3) If it appears to the Chief Inspector that excessively high temperature in
any factory can be reduced by the adoption of suitable measures, he may,
without prejudice to the rules made under sub-section (2), serve on the
occupier, an order in writing specifying the measures which, in his opinion
should be adopted, and requiring them to be carried out before a specified
date.
14. Dust and fume. -
(1) In every factory in which, by reason of the manufacturing process carried
on, there is given off any dust or fume or other impurity of such a nature and
to such an extent as is likely to be injurious or offensive to the workers
employed therein, or any dust in substantial quantities, effective measures
shall be taken to prevent its inhalation and
accumulation in any workroom, and if any exhaust appliance is necessary for
this purpose, it shall be applied as near as possible to the point of origin
of the dust, fume or other impurity, and such point shall be enclosed so far
as possible.
(2) In any factory no stationary internal combustion engine shall be operated
unless the exhaust is conducted into the open air, and no other internal
combustion engine shall be operated in any room ualess effective measures have
been taken to prevent such accumulation offumes therefrom as are likely to be
injurious to workers employed in the room.
15. Artificial humidification. -
(1) In respect of all factories in which the humidity of the air is
artificially increased, the State Government may make rules,-
(a) prescribing standards of humidification;
(b) regulatingthe methods used for artificially
increasing the humidity
of the air;
(c) directing prescribed tests for determining the
humidityof the air
to be correctly carried out and recorded;
(d) prescribing methods to be adopted for securing
adequate ventilation
and cooling of the air in the workrooms.
(2) In any factory in which the humidity of the air is artificially increased,
the water used for the purpose shall be taken from a public supply, or other
source of drinking water, or shall he effectively purified before it is so
used.
(3) If it appears to an Inspector that the water used in a factory for
increasing humidity which is required to be effectively purified under
sub-section (2) is not effectively purified he may serve on the manager of the
factory an order in writing, specifying the measures which in his opinion
should be adopted, and requiring them to be carried out before specified
date.
16. Overcrowding. -
No room in any factory shall be overcrowded to an extent injurious to the
health of the workers employed therein.
(2) Without prejudice to the generality of sub-section (1), there shall be in
every workroom of a factory in existence on the date of commencement of this
Act at least 9.9 cubic metres and of a factory built after the commencement
ofthis Act at least 14.2 cubic metres of space for every worker employed
therein, and for the purposes of this sub-section no account shall be taken
of anyspace which is more than 4.2 metres above the level of the fioor of the
room.
(3) If the Chief Inspector by order in writing so requires, there shall be
posted in each workroom of a factory a notice specifying the maximum number
of workers who may, in compliance with the Provisions of this section, be
employed in the room.
(4) The Chief Inspector may, by order in writing exempt, subject to such
conditions, if any, as he may thing fit to impose, any workroom from the
provisions of this section, if he is satisfied that compliance therewith in
respect of the room is unnecessary in the interest of the health of the
workers employed therein.
17. Lighting. -
(1) In every part of a factory where workers are working or passing, there
shall be provided and maintained sufficient and suitable lighting, natural or
artificial, or both.
(2) In every factory all glazed windows and skylights used for the lighting
of the workroom shall be kept clean on both the inner and outer surfaces and,
so far as compliance with the provisions of any rules made under sub-section
(3) of section 13 will allow, free from obstruction.
(3) In every factory effective provision shall, so far as is practicable, be
made for the prevention of-
(a) glare, either directly from a source of light or by
reflection from
a smooth or polished surface;
(b) the formation of shadows to such an extent as to
cause eye-strain
or the risk of accident to any worker.
(4) The State Government may prescribe standards of sufficient and suitable
lighting for factories or for any class or description offactories or for any
manufacturing process.
18. Drinking water. -
(1) In every factory effective arrangements shall be made to provide and
maintain at suitable points conveniently situated for all workers employed
therein a sufficient supply of wholesome drinking water.
(2) All such points shall be legibly marked "drinking water" in a
language
understood by a majority of the workers employed in the factory and no such
points shall be situated within 1[six metres of any washing place, urinal,
latrine, spittoon, open drain carrying sullage or effluent or any other source
of contamination unless a shorter distance is approved in writing by the Chief
Inspector.
(3) In every factory wherein more than two hundred and fifty workers are
ordinarily employed, provisions shall be made for cooling drinking water
during hot weather by effective means and for distribution thereof.
(4) In respect of all factories or any class or description of factories the
State Government may make rules for securing compliance with the provisions
of sub-sections (1), (2) and (3) and for the examination by prescribed
authorities of the supply and distribution of drinking water in factories.
19. Latrines and urinals. -
(1) In every factory-
(a) sufficient latrine and urinal accommodation of
prescribed types
shall be provided conveniently situated and accessible to workers at all times
while they are at the factory;
(b) separate enclosed accommodation shall be provided
for male and
female workers;
(c) such accommodation shall be adequately lighted and
ventilated and
no latrine or urinal shall, unless specially exempted in writing by the Chief
Inspector, communicate with any workroom except through an intervening open
space or ventilated passage;
(d) all such accommodation shall be maintained in a
clean and sanitary
condition at all times;
(e) sweepers shall be employed whose primary duty it
would be to keep
clean all latrines, urinals and washing places.
(2) In every factory wherein more than twohundred and fifty workers are
ordinarily employed-
(a) all latrine and urinal accommodation shall be of
prescribed sanitary
types;
(b) the floors and internal walls, up to a height of
ninety centimetres
of the latrines and urinals and the sanitary blocks shall be laid in glazed
tiles or otherwise finished to provide a smooth polished impervious surface;
(c) without prejudice to the provisions of clauses (d)
and (e) of
sub-section (1), the fioors, portions of the walls and blocks so laid or
finished and the sanitary pans of latrines and urinals shall be thoroughly
washed and cleaned at least once in every seven days with suitable detergents
or disinfectants or with both.
(3) The State Government may prescribe the number of latrines and
urinals to be provided in any factory in proportion to the number of male and
female workers ordinarily employed therein, and provide for such further
matters in respect of sanitation in factories, including the obligation of
workers in this regard, as it considers necessary in the interest of the
health of the workers employed therein.
20. Spittoons. -
(1) In every factory there shall be provided a sufficient number of spittoons
in convenient places and they shall be maintained in a clean and hygienic
condition.
(2) The State Government may make rules prescribing the type and
numbers of spittoons to be provided and their location in any factory and
provide for such further matters relating to their maintenance in a clean and
hygienic condition.
(3) No person shall spit within the premises of a factory except in the
spittoons provided for the purpose and a notice containing this provision and
the penalty for its violation shall be prominently displayed at suitable
places in the premises.
(4) Whoever spits in contravention of sub-section (3) shall be punishable with
fine not exceeding five rupees.
CHAPTER IV: Safety
21. Fencing of machinery. -
(1) In every factory the following, namely-
(i) every moving part of a prime-mover and every
fiywheel connected to
a prime-mover, whether the prime-mover or flywheel is in the engine-house or
not;
(ii) the headrace and tailrace of every water-wheel and
water-turbine;
(iii) any part of a stock bar which projects beyond the
head stock of
a lathe; and
(iv) unless they are in such position or of such
construction as to be
safe to every person employed in the factory as they would be if they were
securely fenced, the following, namely:-
(a) every part of an
electric generator, a motor or rotary
convertor;
(b) every part of
transmission machinery; and
(c) every dangerous part
of any other machinery;
shall be securely fenced by safeguards of a substantial construction which
shall be constantly maintained and kept in position while the parts of
machinery they are fencing, are in motion or in use:
Provided that for the purpose of determining whether
any part of
machinery in such position or is of such construction as to be safe as
aforesaid, account shall not be taken of any occasion when-
(i) it is necessary to make an examination of any part
of the machinery
aforesaid while it is in motion or, as a result of such examination to carry
out lubrication or other adjusting operation while the machinery is in motion,
being an examination of operation which it is necessary to be carried out
while that part of the machinery is in motion. or
(ii) in the case of any part of a transmission
machinery used in such
process as may be prescribed (being a process of a continuous nature, the
carrying on of which shall be or is likely to be substantially interfered with
by the stoppage of that part of the machinery), it is necessary to make an
examination of such part of the machinery while it is in motion or, as a
result of such examination, to carry out any mounting or shipping of belts or
lubrication, or other adjusting operation while tlle machinery is in
motion,
and such examination or operation is made or carried out in accordance with
the provisions of sub-section (1) of section 22.
(2) The State Government may by rules prescribe such further precautions as
it may consider necessary in respect of any particular machinery or part
thereof or exempt, subject to such condition as may be prescribed, for
securing the sefety ofthe workers, any particular machinery or part thereof
from the Provisions of this section.
22. Work on or near machinery in motion. -
(1) Where in any factory it becomes necessary to examine any part of machinery
referred to in section 21, while the machinery is in motion, or, as a result
of such examination, to carry out-
(a) in a case referred to in clause (i) of the proviso
to sub-section
(1) of section 21, lubrication or other adjusting operation; or
(b) in a case referred to in clause (ii) of the proviso
aforesaid, any
mounting or shipping of belts or lubrication or other adjusting operation,
while the machinery is in motion, such - examination or operation shall be
made or carried out only by a specially trained adult male worker wearing
tight fitting clothing (which shall be supplied by the occupier) whose name
has been recorded in the register prescribed in this behalf and who has been
furnished with a certificate of his appointment, and while he is so engaged,-
(a) such worker shall not handle a belt at a moving
pulley unless-
(i) the belt is not more
than fifteen centimetres in width;
(ii) the pulley is
normally for the purpose of drive and not
merely a fiy-wheel or balance wheel (in which case belt is not permissible);
(iii) the belt joint is
either laced or fiush with the belt;
(iv) the belt, including
the joint and the pulley rim, are in good
repair;
(v) there is reasonable
clearance between the pulley and any fixed
plant or structure;
(vi) secure foothold and,
where necessary, secure handhold, are
provided for the operator; and
(vii) any ladder in use
for carrying out any examination or
operation aforesaid is securely fixed or lashed or is firmly held by a second
person ;
(b) without prejudice to any other provision of this
Act relating to the
fencing of machinery, every set screw, bolt and key on any revolving shaft,
spindle, wheel or pinions and all spur, worm and other toothed or friction
gearing in motion with which such worker would otherwise be liable to come
into contact, shall be securely fenced to prevent such contact.
(2) No woman or young person shall be allowed to clean, lubricate or adjust
any part of a prime-mover or of any transmission machinery while prime-mover
or transmission machinery is in motion, or to clean, lubricate or adjust any
part of any machine if the cleaning, lubrication or adjustment thereof would
expose the woman or young person to risk of injury from any moving part either
of that machine or of any adjacent machinery.
(3) The State Government may, by notification in the Offlcial Gazette
prohibit, in any specified factory or class or description of factories, the
cleaning, lubricating or adjusting by any person of specified parts of
machinery when those palts are in motion.
23. Employment of young persons on dangerous machines.
-
(1) No young person shall be required or allowed to work at any machine to
which this section applies, unless he has been fully instructed as to the
dangers arising in connection with the machine and the precautions to be
observed, and-
(a) has received sufficient training in work at the
machine, or
(b) is under adequate supervision by a person who has a
thorough
knowledge and experience of the machine.
(2) Sub-section (1) shall apply to such machines as may be prescribed by the
State Government, being machines which in its opinion are of such a dangerous
character that young persons ought not to work at them unless the foregoing
requirements are complied with.
24. Striking gear and devices for cutting off power. -
(1) In every factory-
(a) suitable striking gear or other efficient
mechanical appliance shall
be provided and maintained and used to move driving belts to and from fast and
loose pulleys wnich form part of the transmission machinery, and such gear or
appliances shall be so constructed, placed and maintained so as to prevent the
belt fiom creeping back on to the first pulley;
(b) driving belts whennot in use shall not be allowed
to rest or ride
upon shafting in motion.
(2) In every factory suitable devices for cutting off power in emergencies
from running machinerv shall be provided and maintained in every workroom:
Provided that in respect of factories in operation
before the
commencement of this Act, the provisions of this sub-section shall apply only
to workrooms in which electricity is used as power.
(3) When a device, which can inadvertently shift from "off" to
"on" position,
is provided in a factory- to cut off power, arrangements shall be provided for
locking the device in safe position to prevent accidental starting of the
transmission machinery or other machines to which the device it fitted.
25. Self-acting machines. -
No traversing part of a self-acting machine in any factory and no material
carried thereon shall, if the space over which it runs is a space over which
any person is liable to pass, whether in the course
of his employment or otherwise, be allowed to run on its outwards or inward
traverse within a distance forty-five centimetres from any fixed structure
which is not part of the machine:
Provided that the Chief Inspector may permit the
continued use of a
machine installed before the commencement of this Act which does not comply
with the requirements of this section on such conditions for ensuring safety
as he may think fit to impose.
26. Casing of new machinery -
(1) In all machinery driven by power and installed in any factory after the
commencement of this Act,-
(a) every set screw, bolt or key on any revolving
shaft, spindle, wheel
or pinion shall be so sunk, encased or otherwise effectively guarded as to
prevent danger;
(b) all spur, worm and other toothed or friction
gearing which does not
require frequent adjustment while in motion shall be completely encased,
unless it is so situated as to be as safe as it would be if it were completely
encased.
(2) Whoever sells or lets on hire or, agent of a seller or hirer, causes or
procures to be sold or let on hire, for use in a factory any machinery driven
by power which does not comply with the provisions of sub-section (1) or any
rules made under sub-section (3), shall be punishable with imprisonment for
a
term which may extend to three months or with fine which may extend to five
hundred rupees or with both.
(3) The State Government may make rules specifying further safeguards to be
provided in respect of any other dangerous part of any particular machine or
class or description of machines.
27. Prohibition of employment of women and children
near cotton-openers.
-
No woman or child shall be employed in any part of a factory for pressing
cotton in which a cotton-opener is at work:
Provided that if the feed-end of a cotton-opener is in
a room separated
from the delivery end by a partition extending to the roof or to such height
as the Inspector may in any particular case specify in writing, women and
children may be employed on the side of the partition where the feed-end is
situated.
28. Hoist and lifts. -
(1) In every factory-
(a) every hoist and lift shall be-
(i) of good mechanical
construction, sound material and adequate
strength;
(ii) properly maintained,
and shall be thoroughly examined by a
competent person at least once in every period of six months, and a register
shall be kept containing the prescribed particulars of every such examination;
(b) every hoistway and liftway shall be sufficiently
protected by an
enclosure fitted with gates, and the hoist or lift and every such enclosure
shall be so constructed as to prevent any person or thing from being trapped
between any part of the hoist or lift and any fixed structure or moving part;
(c) the maximum safe working load shall be plainly
marked on every hoist
or lift, and no load greater than such load shall be carried thereon;
(d) the cage of every hoist or lift used for carrying
persons shall be
fitted with a gate on each side from which access is afforded to a landing;
(e) every gate referred to in clause (b) or clause (d)
shall be fitted
with inter-locking or other efficient device to secure that the gate cannot
be opened except when the cage is at the landing and that the cage cannot be
moved unless the gate is closed.
(2) The following additional requirements shall apply to hoists and lifts used
for carrying persons and installed or reconstructed in a factory after the
commencement of this Act, namely:-
(a) where the cage is supported by rope or chain, there
shall be at
least two ropes or chains separately connected with the cage and balance
weight, and each rope or chain with its attachments shall be capable of
carrying the whole weight of the cage together with its maximum load;
(b) efficient devices shall be provided and maintained
capable of
supporting the cage together with its maximum load in the event of breakage
of the ropes, chains or attachments;
(c) an efficient automatic device shall be provided and
maintained to
prevent the cage from over-running.
(3) The Chief Inspector may permit the continued use of a hoist or lift
installed in a factory before the commencement of this Act which does not
fully comply with the provisions of sub-section (1) upon such conditions for
ensuring safety as he may think fit to impose.
(4) The State Government may, if in respect of any class or description of
hoist or lift, is of opinion that it would be unreasonable to enforce any
requirements of sub-sections (1) and (2), by order direct that such
requirement shall not apply to such class or description of hoist or lift.
Explanation.-For the purposes of this section, no
lifting machine or
appliance shall be deemed to be a hoist or lift unless it has a platform or
cage, the direction or movement of which is restricted by a guide or guides.
29. Lifting machines, chains, ropes and lifting
tackles. -
(1) In any factory the following provisions shall be complied with in respect
of every lifting machine (other than a hoist and lift) and every chain, rope
and lifting tackle for the purpose of raising or lowering persons, goods or
materials:-
(a) all parts, including the working gear, whether
fixed or movable, of
every lifting machine and every chain, rope or lifting tackle shall be-
(i) of good construction,
sound material and adequate strength and
free from defects;
(ii) properly maintained;
and
(iii) thoroughly examined
by a competent person at least once in
every period of twelve months, or at such intervals as the Chief Inspector may
specify in writing, and a register shall be kept containing the prescribed
particulars of every such examination;
(b) no lifting machine and no chain, rope or lifting
tackle shall,
except for the purpose of test, be loaded beyond the safe working load which
shall be plainly marked there on together with an identification mark and duly
entered in the prescribed register; and where this is not practicable, a table
showing the safe working load of every kind and size of lifting machine or
chain, rope of lifting tackle in use, shall be displayed in prominent position
on the premises;
(c) while any person is employed or working on or near
the wheel track
of a travelling crane in any place where he would be liable to be struck by
the crane, effective measures shall be taken to ensure that the crane does not
approach within six metres of that place.
(2) The State Government may make rules in respect of any lifting
machine or any chain, rope or lifting tackle used in factories-
(a) prescribing further requirements to be compiled
with in addition to
those set out in this section ;
(b) providing for exemption from compliance with all or
any of the
requirements of this section, where in its opinion, such compliance is
unnecessary or impracticable.
(3) For the purposes of this section a lifting machine or a chain, rope or
lifting tackle shall be deemed to have been thoroughly examined if a visual
examination supplemented, if necessary, by other means and by the dismantling
of parts of the gear, has been carried out as carefully as the conditions
permit in order to arrive at a reliable conclusion as to the safety of
the parts examined.
Explanation.-In this section,-
(a) "lifting
machine" means a crane, crab, winch, teagle, pully
block, gin wheel, transporter or runway;
(b) "lifting
tackle" means any chain sling, rope sling, hook,
shackle, swivel, coupling, socket, clamp, tray or similar appliance, whether
fixed or movable, used in connection with the raising or lowering of persons,
or loads by use lifting machines.
30. Revolving machinery. -
(1) In every factory in which the process of grinding is carried on there
shall be permanently affixed to or placed ear each machine in use a notice
indicating the maximum safe working peripheral speed of every grindstone or
abrasive wheel, the speed of the shaft or spindle upon which the wheel is
mounted, and the diameter of the pulley upon such shaft or spindle necessary
to secure such safe working peripheral speed.
(2) The speeds indicated in notices under sub-section (1) shall not be
exceeded.
(3) Effective measure shall be taken in every factory to ensure that the safe
working peripheral speed of every revolving vessel, cage, basket, flywheel
pulley, disc or similar appliance driven by power is not exceeded.
31. Pressure plant. -
(1) If in any factory, any plant or machinery or any part thereof is operated
at a pressure above atmospheric pressure, effective measures shall be taken
to ensure that the safe working pressure of such plant or machinery or part
is not exceeded.
(2) The State Government may make rules providing for the examination and
testing of any plant or machinery such as is referred to in sub-section (1)
and prescribing such other safety measures in relation thereto as may in its
opinion, be necessary in any factory or class or description of factories.
(3) The State Government may, by rules, exempt, subject to such
conditions as may be specified therein, any part of any plant or machinery
referred to in sub-section (1) from the provisions of this section.
32. Floors, stairs and means of access. -
In every factory-
(a) all floors, steps, stairs, passengers and gangways
shall be of sound
construction, and properly maintained and shall be kept free from obstructions
and substances likely to cause persons to slip and where it is necessary to
ensure safety, steps, stairs, passages and gangways shall be provided with
substantial handrails;
(b) there shall, so far as is reasonably practicable,
be provided, and
maintained safe means of access to every place at which any person is at any
time required to work;
(C) when any person has to work at a height from where
he is likely to
fall, provision shall be made, so far as is reasonably practicable, by fencing
or otherwise, to ensure the safety of the person so working.
33. Pits, sumps, openings in floors, etc. -
(1) In every factory every fixed vessel, sump, tank, pit or opening in the
ground or in a floor which, by reason of its depth, situation, construction
or contents, is or may be a source of danger, shall be either securely covered
or securely fenced.
(2) The State Government may, by order in writing, exempt, subject to such
conditions as may be prescribed, any factory or class or description of
factories in respect of any vessel, sump, tank, pit or opening from compliance
with the provisions of this section.
34. Excessive weights. -
(1) No person shall be employed in any factory to lift, carry or move any load
so heavy as to be likely to cause him an injury.
(2) The State Government may make rules prescribing the maximum
weights which may be lifted, carried or moved by adult men, adult women,
adolescents and children employed in factories or in any class or description
of factories or in carrying on in any specified process.
35. Protection of eyes. -
In respect of any such manufacturing process carried on in any factory as may
be prescribed, being a process which involves-
(a) risk of injury to the eyes from particles or
fragments thrown off
in the course of the process, or
(b) risk to the eyes by reason of exposure to excessive
light, the State
Government may by rules require that effective screens or suitable goggles
shall be provided for the protection of persons employed on, or in the
immediate vicinity of, the process.
36. Precautions against dangerous fumes, gases, etc.
-
(1) No person shall be required or allowed to enter any chamber, tank, vat,
pit, pipe, flue or other confined space in any factory in which any gas, fume,
vapour or dust is likely to be present to such an extent as to involve risk
to persons being overcome thereby, unless it is provided with a manhole of
adequate size or other effective means of egress.
(2) No person shall be required or allowed to enter any confined space as is
referred to in sub-section (1), until all practicable measures have been taken
to remove any gas, fume, vapour or dust, which may be present so as to bring
its level within the permissible limits and to prevent any ingress of such
gas, fume, vapour or dust and unless-
(a) a certificate in writing has been given by a
competent person, based
on a test carried out by himself that the space is reasonably free from
dangerous gas, fume, vapour or dust: or
(b) such person is wearing suitable breathing apparatus
and a belt
securely attached to a rope the free end of which is held by a person outside
the confined space.
36A. Precautions regarding the use of portable electric
light.-
In any factory-
(a) no portable electric light or any other electric
appliance of
voltage exceeding twenty-four volts shall be permitted for use inside any
chamber, tank, vat, pit, pipe, flue or other confined space unless adequate
safety devices are provided; and
(b) if any inflammable gas, fume or dust is likely to
be present in such
chambers tank, vat, pipe, flue or other confined space, no lamp or light other
than that of flame-proof construction shall be permitted to be used therein.
37. Explosive or inflammable dust, gas, etc. -
Where in any factory any manufacturing process produces dust, gas, fume or
vapour of such character and to such extent as to be likely to explode on
ignition, all practicable measures shall be taken to prevent any such
explosion by-
(a) effective enclosure of the plant or machinery used
in the process;
(b) removal or prevention of the accumulation of such
dust, gas, fume
or vapour;
(c) exclusion or effective enclosure of all possible
sources of
ignition.
(2) Where in any factory the plant or machinery used in a process such as is
referred to in sub-section (1), is not so constructed as to withstand the
probable pressure which such an explosion as aforesaid would produce, all
practicable measures shall be taken to restrict the spread and effects of the
explosion by the provision in the plant or machinery of chokes, baffles, vents
or
other effective appliances.
(3) Where any part of the plant or machinery in a factory contains any
explosive or inflammable gas or vapour under pressure greater than atmospheric
pressure, that part shall not be opened except in accordance with the
following provisions, namely:-
(a) before the fastening of any joint of any pipe
connected with the
part or the fastening of the cover of any opening into the part is loosened,
any flow of the gas or vapour into the part of any such pipe shall be
effectively stopped by a stop-valve or other means;
(b) before any such fastening as aforesaid is removed,
all practicable
measures shall be taken to reduce the pressure of the gas or vapour in the
part or pipe to a atmospheric pressure;
(c) where any such fastening as aforesaid has been
loosened or removed
effective measures shall be taken to prevent any explosive or inflammable gas
or vapour from entering the part or pipe until the fastening has been secured,
or, as the case may be, securely replaced:
Provided that the provisions of this sub-section shall
not apply in the
case of plant or machinery installed in the open air.
(4) No plant, tank or vessel which contains or has contained any explosive or
inflammable substance shall be subjected, in any factory, to any welding,
brazing, soldering or cutting operation which involves the application of heat
unless adequate measures have first been taken to remove such substance and
any fumes arising therefrom or to render such substance and fumes non-
explosive or non-inflammable and no such substance shall be allowed to enter
such plant, tank or vessel after any such operation until the metal has cooled
sufficiently to prevent any risk of igniting the substance.
(5) The State Government may by rules exempt, subject to such conditions as
may be prescribed, any factory or class or description of factories from
compliance with all or any of the provisions of this section.
38. Precautions in case of fire. -
(1) In every factory, all practicable measures shall be taken to prevent
outbreak of fire and its spread, both internally and externally, and to
provide and maintain-
(a) safe means of escape for all persons in the event
of a fire, and
(b) the necessary equipment and facilities for
extinguishing fire.
(2) Effective measures shall be taken to ensure that in every factory all the
workers are familiar with the means of escape in case of fire and have been
adequately trained in the routine to be following in such cases.
(3) The State Government may make rules, in respect of any factory or class
or description of factories, requiring the measures to be adopted to give
effect to the provisions of sub-sections (1) and (2).
(4) Notwithstanding anything contained in clause (a) of sub-section (1) or
sub-section (2), if the Chief Inspector, having regard to the nature of the
work carried on in any factory, the construction of such factory, special risk
to life or safety, or any other circumstances, is of the opinion that the
measures provided in the factory, whether as prescribed or not, for the
purposes of clause (a) of sub-section (1) or sub-section (2), are inadequate,
he may, by order in writing, require that such additional measures as he may
consider
reasonable and necessary, be provided in the factory before such date as is
specified in the order.
39. Power to require specifications of defective parts
or tests of
stability. -
If it appears to the Inspector that any building or part of a building or any
part of the ways, machinery or plant in a factory is in such a condition that
it may be dangerous to human life or safety, he may serve on the occupier
or manager or both of the factory an order in writing requiring him before a
specified date-
(a) to furnish such drawings, specifications and other
particulars as
may be necessary to determine whether such buildings, ways, machinery or plant
can be used with safety, or
(b) to carry out such tests in such manner as may be
specified in the
order, and to inform the Inspector of the results thereof.
40. Safety of buildings and machinery. -
(1) If it appears to the Inspector that any building or part of a building or
any part of the ways, machinery or plant in a factory is in such a condition
that it is dangerous to human life or safety, he may serve on the occupier or
manager or both of the factory an
order in writing specifying the measures, which in his opinion should be
adopted and requiring them to be carried out before a specified date.
(2) If it appears to the Inspector that the use of any building or part of a
building or any part of the ways, machinery or plant in a factory involves
imminent danger to human life or safety he may serve on the occupier or
manager or both of the factory an order in writing prohibiting its use until
it has been properly repaired or altered.
40A. Maintenance of buildings. -
If it appears to the Inspector that any building or part of a building in a
factory is in such a state of disrepair as is likely to lead to conditions
detrimental to the health and welfare of the workers, he may serve on the
occupier or manager or both of the factory an order in writing specifying the
measures which in his opinion should be taken and requiring the same to be
carried out before such date as is specified in the order.
40B. Safety Officers. -
(1) In every factory-
(i) wherein one thousand or more workers are ordinarily
employed, or
(ii) wherein, in the opinion of the State Government,
any manufacturing
process or operation is carried on, which process or operation involves any
risk of bodily injury, poisoning or disease or any other hazard to health, to
the person employed in the factory,
the occupier shall, if so required by the State Government by notification in
Official Gazette, employ such number of Safety Officers as may be specified
in that notification.
(2) The duties, qualifications and conditions of service of Safety Officers
shall be such as may be prescribed by the State Government.
41. Power to make rules to supplement this Chapter.
-
The State Government may make rules requiring the provision in any factory or
in any class or description of factories of such further devices and measures
for securing safety of persons employed therein as it may deem necessary.
CHAPTER IVA: Provisions relating to Hazardous
Processes
41A. Constitution of Site Appraisal Committees. -
(1) The State Government may, for purposes of advising it to consider
applications for grant of permission for the initial location of a factory
involving a hazardous process or for the expansion of any such factory,
appoint a Site Appraisal Committee consisting of-
(a) the Chief Inspector of the State who shall be its
Chairman;
(b) a representative of the Central Board for the
Prevention and Control
of Water Pollution appointed by the Central Government under section 3 of the
Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) ;
(c) a representative of the Central Board for the
Prevention and Control
of Air Pollution referred to in section 3 of the Air (Prevention and Control
of Pollution) Act, 1981 (14 of 1981);
(d) a representative of the State Board appointed under
section 4 of the
Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(e) a representative of the State Board for the
Prevention and Control
of Air Pollution referred to in section 5 of the Air (Prevention and Control
of Pollution) Act, 1981 (14 of 1981);
(f) a representative of the Department of Environment
in the State;
(g) a representative of the Meteorological Department
of the Government
of India;
(h) an expert in the field of occupational health; and
(i) a representative of the Town Planning Department of
the State
Government,
and not more than five other members who may be
co-opted by the State
Government who shall be- ,
(i) a scientist having
specialised knowledge of the hazardous
process which will be involved in the factory,
(ii) a representative of
the local authority within whose
jurisdiction the factory is to be established, and
(iii) not more than three
other persons as deemed fit by the State
Government
(2) The Site Appraisal Committee shall examine an application for the
establishment of a factory involving hazardous process and make its
recommendation to the State Government within a period of ninety days of the
receipt of such application in the prescribed form.
(3) Where any process relates to a factory owned or controlled by the Central
Government or to a corporation or a company owned or controlled by the Central
Government, the State Government shall co-opt in the Site Appraisal Committee
a representative nominated by the Central Government as a member of that
Committee.
(4) The Site Appraisal Committee shall have power to call for any information
from the person making an application for the establishment or expansion of
a factory involving a hazardous process.
(5) Where the State Government has granted approval to an application for the
establishment of expansion of a factory involving a hazardous process, it
shall not be necessary for an applicant to obtain a further approval from the
Central Board or the State Board established under the Water (Prevention
and Control of Pollution) Act, l974 (6 of 1974) and the Air (Prevention and
Control of Pollution) Act, 1981 {14 of 1981).
41B. Compulsory disclosure of information by the
occupier.-
(1) The occupier of every factory involving a hazardous process shall disclose
in the manner prescribed, all informations regarding dangers including health
hazards and the measures to overcome such hazards arising from the exposure
to or handling of the materials or substances in the manufacture,
transportation, storage and other processes, to the workers employed in the
factory, the Chief Inspector, the local authority, within whose jurisdiction
the factory is
situate, and the general public in the vicinity.
(2) The occupier shall, at the time of registering the factory involving a
hazardous process lay down a detailed policy with respect to the health and
safety of the workers employed therein and intimate such policy to the Chief
Inspector and the local authority and, thereafter, at such intervals as may
be
prescribed, inform the Chief Inspector and the local authority of any change
made in the said policy.
(3) The information furnished under sub-section (1) shall include accurate
information as to the quantity, specifications and other characteristics of
wastes and the manner of their disposal.
(4) Every occupier shall, with the approval of the Chief Inspector, draw up
an on-site emergency plan and detailed disaster control measures for his
factory and make known to the workers employed therein and to the general
public living in the vicinity of the factory, the safety measures required to
be
taken in the event of an accident taking place.
(5) Every occupier of a factory shall,-
(a) if such factory engaged in a hazardous process on
the commencement
of the Factories (Amendment) Act, 1987 within a period of thirty days of such
commencement; and
(b) if such factory purposes to engage in a hazardous
process at any
time after such commencement, within a period of thirty days before the
commencement of such process,
inform the Chief Inspector of the nature and details of the process in such
form and in such manner as may be prescribed.
(6) Where any occupier of a factory contravenes the provisions of sub-section
(5), the license issued under section 6 to such factory shall, notwithstanding
any penalty to which the occupier of the factory shall be subjected to under
the provisions of this Act, be liable for cancellation.
(7) The occupier of a factory involving a hazardous process shall, with the
previous approval of the Chief Inspector, lay down measures for the handling
usage, transportation and storage of hazardous substances inside the factory
premises and the disposal of such substances outside the factory premises and
publicise them in the manner prescribed among the workers
and the general public living in the vicinity.
41C. Specific responsibility of the occupier in
relation to hazardous
processes -
Every occupier of a factory involving any hazardous process shall-
(a) maintain accurate and up-to-date health records or,
as the case may
be, medical records, of the workers in the factory who are exposed to any
chemical, toxic or any other harmful substances which are manufactured,
stored, handled or transported and such records shall be accessible to the
workers subject to such conditions as may be prescribed;
(b) appoint persons who possess qualifications and
experience in
handling hazardous substances and are competent to supervise such handling
within the factory and to provide at the working place all the necessary
facilities for protecting the workers in the manner prescribed:
Provided that where any question arises as to the qualifications and
experience of a person so appointed, the decision of the Chief Inspector shall
be final;
(c) provide for medical examination of every worker-
(i) before such worker is
assigned to a job involving the handling
of, or working with, a hazardous substance, and
(ii) while continuing in
such job, and after he has ceased to work
in such job, at intervals not exceeding twelve months in such manner as may
be prescribed,
41D. Power of Central Government to appoint Inquiry
Committee.-
(1) The Central Government may, in the event of the occurrence of an
extraordinary situation involving a factory engaged in a hazardous process,
appoint an Inquiry Committee to inquire into the standards of health and
safety observed in the factory with a view to finding out the causes of any
failure or neglect in the adoption of ally measures or standards prescribed
for the health and safety of the workers employed in the factory or the
general public affected, or likely to be affected, due to such failure or
neglect and for the prevention and recurrence of such extraordinary situations
in future in such factory or elsewhere.
(2) The Committee appointed under sub-section (1) shall consist of a Chairman
and two other members and the terms of reference of the Committee and the
tenure of office of its members shall be such as may be determined by the
Central Government according to the requirements of the situation.
(3) The recommendations of the Committee shall be advisory in nature.
41E. Emergency standards.-
(1) Where the Central Government is satisfied that no standards of safety have
been prescribed in respect of a hazardous process or class of hazardous
processes, or where the standards so prescribed are inadequate, it may direct
the Director-General of Factory Advice Service and Labour Institutes or any
Institution specialised in matters relating to standards of safety in
hazardous processes, to lay down emergency
standards for enforcement of suitable standards in respect of such hazardous
processes.
(2) The emergency standards laid down under sub-section (1) shall, until they
are incorporated in the rules made under this Act, be enforceable and have the
same effect as if they had been incorporated in the rules made under this Act.
41F. Permissible limits of exposure of chemical and
toxic substances.-
(1) The maximum permissible threshold limits of exposure of chemical and toxic
substances in manufacturing processes (whether hazardous or otherwise) in any
factory shall be of the value indicated in the Second Schedule.
(2) The Central Government may, at any time, for the purpose of giving effect
to any scientific proof obtained from specialised institutions or experts in
the field, by notification in the Official Gazette, make suitable changes in
the said Schedule.
41G. Workers' participation in safety management.-
(1) The occupier shall, in every factory where a hazardous process takes
place, or where hazardous substances are used or handled, set up a Safety
Committee consisting of equal number of representatives of workers and
management to promote co-operation between the workers and the management in
maintaining proper safety and health at work and to review periodically the
measures taken in that behalf.
Provided that the State Government may, by order in writing and for reasons
to be recorded, exempt the occupier of any factory or class of factories from
setting up such Committee.
(2) The composition of the Safety Committee, the tenure of office of its
members and their rights and duties shall be such as may be prescribed.
41H. Right of workers to warn about imminent danger. -
(1) Where the workers employed in any factory engaged in a hazardous process
have reasonable apprehension that there is a likelihood of imminent danger to
their lives or health due to any accident, they may, bring the same to the
notice of the occupier, agent, manager or any other person who is in-charge
of the
factory or the process concerned directly or through their representatives in
the Safety Committee and simultaneously bring the same to the notice of the
Inspector.
(2) Tt shall be the duty of such occupier, agent, manager or the person
in-charge of the factory or process to take immediate remedial action if he
is satisfied about the existence of such imminent danger and send a report
forth-with of the action taken to the nearest Inspector.
(3) If the occupier, agent, manager or the person in-charge referred to in
sub-section (2) is not satisfied about the existence of any imminent danger
as apprehended by the workers, he shall, nevertheless, refer the matter
forth-with to the nearest Inspector whose decision on the question of the
existence of such imminent danger shall be final.
NOTES
New Chapter IVA inserted in the Act.-
The Factories (Amendment) Act, 1987, has inserted this new chapter in the Act
after Chapter IV. The new Chapter lays down provisions relating to hazardous
process in sections 41A to 41H. Under provisions of section 41A of this
Chapter the State Government in empowered to form a Site Appraisal Committee
to examine the application for establishment of a factory involving hazardous
process and send its recommendations to the State Government. The chairman and
members of the Committee will be persons as specified in the section. Powers
of the Committee are also specified. The proposal for establishment or
expansion of such a factory, if approved by the State Government, has to be
further approved by the authorities mentioned in the section. Duties and
responsibilities of the occupier of such a factory have been specified in
sections 41B and 41C. Section 41D empowers the Central Government to appoint
Inquiry Committee to enquire whether such a factory is observing the standards
of health and safety of workers as well as of the general public as prescribed
and make recommendations. Its recommendations shall be however of advisory
nature The Committee shall have a chairman and two members. The Central
Government shall determine the tenure of office of the members. Section 41E
empowers the Central Government to take certain steps for laying down
emergency standards and enforcement thereof in case no standard of safety has
been prescribed for hazardous processes. Section 41F enjoins that the maximum
permissible limits of exposure of chemical and toxic substances in
manufacturing processes (whether hazardous or otherwise) in any factory shall
be of the value indicated in the Second Schedule. The section empowers the
Central Government to make suitable changes in the said Schedule by
notification in the Official Gazette. Section 41G requires the occupier of a
factory in which a hazardous process takes place to set up a Safety Committee
with equal number of representatives of workers for the purpose of enforcing
the safety measures in the factory. The State Government may, however, exempt
any factory for reasons to be recorded in writing, any factory from setting
up such a Committee. Section 41H gives the right to workers of a
factory in which a hazardous process takes place to bring to the notice of the
occupier, agent, manager or any other person who is in-charge of the factory
or the Inspector of the area, of their apprehension about any imminent danger
and the person or persons informed must enquire immediately on receipt of the
information and take remedical action.
CHAPTER V: Welfare
42. Washing facilities.-
(1) In every factory-
(a) adequate and suitable facilities for washing shall
be provided and
maintained for use of the workers therein;
(b) separate and adequately screened facilities shall
be provided for
the use of male and female workers;
(c) such facilities shall be conveniently accessible
and shall be kept
clean.
(2) The State Government may, in respect of any factory or class or
description of factories or of any manufacturing process, prescribe standards
of adequate and suitable facilities for washing.
43. Facilities for storing and drying clothing.-
The State Government may, in respect of any factory or class or description
of factories make rules requiring the provision therein of suitable place for
keeping clothing not worn during working hours and for the drying of wet
clothing.
44. Facilities for sitting.-
(1) In every factory suitable arrangements for sitting shall be provided and
maintained for all workers obliged to work in a standing position, in order
that they may take advantage of any opportunities for rest which may occur in
the course of their work.
(2) If, in the opinion of the Chief Inspector, the workers in any factory
engaged in a particular manufacturing process or working in a particular room,
are able to do their work efficiently in a sitting position, he may, by order
in writing, require the occupier of the factory to provide before a specified
date such seating arrangements as may be practicable for all workers so
engaged or working.
(3) The State Government may, by notification in the Official Gazette, declare
that the provisions of sub-section (1) shall not apply to any specified
factory or class or description of factories or to any specified manufacturing
process.
45. First-aid-appliances.-
(1) There shall, in every factory, be provided and maintained so as to be
readily accessible during all working hours first-aid
boxes or cupboards equipped with the prescribed contents, and the number of
such boxes or cupboards to be provided and maintained shall not be less than
one for every one hundred and fifty workers ordinarily employed at any one
time in the factory.
(2) Nothing except the prescribed contents shall be kept in a first-aid box
or cupboard.
(3) Each first-aid box or cupboard shall be kept in the charge of a separate
responsible person, who holds a certificate in first-aid treatment recognized
by the State Government and who shall always be readily available during the
working hours of the factory.
(4) In every factory wherein more than five hundred workers are ordinarily
employed there shall be provided and maintained an ambulance room of the
prescribed size, containing the prescribed equipment and in the charge of such
medical and nursing staff as may be prescribed and those facilities shall
always be made readily available during the working hours of the factory.
46. Canteens.-
(1) The State Government may make rules requiring that in any specified
factory wherein more than two hundred and fifty workers are ordinarily
employed, a canteen or canteens shall be provided and maintained by the
occupier for the use of the workers.
(2) Without prejudice in the generality of the foregoing power, such rules may
provide for-
(a) the date by which such canteen shall be provided;
(b) the standard in respect of construction,
accommodation, furniture
and other equipment of the canteen;
(c) the foodstuffs to be served therein and the charges
which may be
made therefor;
(d) the constitution of a managing committee for the
canteen and
representation of the workers in the management of the canteen;
(dd) the items of expenditure in the running of the
canteen which are
not to be taken into account in fixing the cost of foodstuffs and which shall
be borne by the employer ;
(e) the delegation to Chief Inspector subject to such
conditions as may
be prescribed, of the power to make rules under clause (c).
47. Shelters, rest-rooms and lunch-rooms.-
(1) In every factory wherein more than one hundred and fifty workers are
ordinarily employed adequate and suitable shelters or rest-rooms and a
suitable lunch-room, with provision for drinking water, where workers can eat
meals brought by them, shall be provided and maintained for the use of the
workers:
Provided that any canteen maintained in accordance with the provisions of
section 46 shall be regarded as part of the requirements of this sub-section:
Provided further that where a lunch-room exists no worker shall eat any food
in the work-room.
(2) The shelters or rest-room or lunch-room to be provided under sub-section
(1) shall be sufficiently lighted and ventilated and shall be maintained in
a cool and clean condition.
(3) The State Government may-
(a) prescribe the standards, in respect of construction
accommodation,
furniture and other equipment of shelters, rest-rooms and lunch-rooms to be
provided under this section;
(b) by notification in the Official Gazette, exempt any
factory or class
or description of factories from the requirements of this section.
48. Creches -
(1) In every factory wherein more than thirty women workers are ordinarily
employed there shall be provided and maintained a
suitable room or rooms for the use of children under the age of six years of
such women.
(2) Such rooms shall provide adequate accommodation, shall be adequately
lighted and ventilated, shall be maintained in a clean and sanitary condition
and shall be under the charge of women trained in the care of children and
infants.
(3) The State Government may make rules-
(a) prescribing the location and the standards in
respect of
construction, accommodation; furniture and other equipment of rooms to be
provided, under this section;
(b) requiring the provision in factories to which the
section applies,
of additional facilities for the care of children belonging to women workers,
including suitable provision of facilities for washing and changing their
clothing;
(c) requiring the provision in any factory of free milk
or refreshment
or both for such children;
(d) requiring that facilities shall be given in any
factory for the
mothers of such children to feed them at the necessary intervals.
49. Welfare Officers. -
(1) In every factory wherein five hundred or more workers are ordinarily
employed the occupier shall employ in the factory such
number of welfare officers as may be prescribed.
(2) The State Government may prescribe the duties, qualifications and
conditions of service of officers employed under sub-section (1).
50. Power to make rules to supplement this Chapter.
-
The State Government may make rules-
(a) exempting, subject to compliance with such
alternative arrangements
for the welfare of workers as may be prescribed, any factory or class or
description of factories from compliance with any of the provisions of this
Chapter,
(b) requiring in any factory or class or description of
factories that
representatives of the workers employed in the factories shall be associated
with the management of the welfare arrangements of the workers.
CHAPTER VI: Working Hours of Adults
51. Weekly hours. -
No adult worker shall be required or allowed to work in a factory for more
than forty-eight hours in any week.
52. Weekly holidays. -
(1) No adult worker shall be required or allowed to work in a factory on first
day of the week (hereinafter referred to as the
said day), unless-
(a) he has or will have a holiday for whole day on one
of three days
immediately before or after the said day, and
(b) the manager of the factory has, before the said day
or the
substituted day under clause (a), whichever is earlier,-
(i) delivered a notice at
the office of the Inspector of his
intention to require the worker to work on the said day and of the day which
is to be substituted, and
(ii) displayed a notice
to that effect in the factory:
Provided that no substitution shall be made which will result in any worker
working for more than ten days consecutively without a holiday for a whole
day.
(2) Notices given under sub-section (1) may be canceled by a notice delivered
at the office of the Inspector and a notice displayed in the factory not later
than the day before the said day or the holiday to be canceled, whichever is
earlier.
(3) Where, in accordance with the Provisions of sub-section (1), any worker
works on the said day and has had a holiday on one of the three days
immediately before it, that said day shall, for the purpose of calculating his
weekly hours of work, be included in the preceding week.
53. Compensatory holidays. -
(1) Where, as a result of the passing of an order of the making of a rule
under the provisions of this Act exempting a factory or the workers therein
from the provisions of section 52, a worker is deprived of any of the weekly
holidays for which provision is made in sub-section (1) of that section he
shall be allowed, within the month in which the holidays were due to him or
within the two months immediately following that month, compensatory holidays
of equal number to the holidays so lost.
(2) The State Government may prescribe the manner in which the holidays for
which provision is made in sub-section (1) shall be allowed.
54. Daily hours. -
Subject to the provisions of section 51, no adult worker shall be required or
allowed to work in a factory for more than nine
hours in any day.
Provided that subject to the previous approval of the Chief Inspector the
daily maximum specified in this section may be exceeded in order to facilitate
the change of shifts.
55. Intervals for rest. -
(1) The periods of work of adult workers in a factory each day shall be so
fixed that no period shall exceed five hours and that no worker shall work for
more than five hours before he has had an interval for rest of at least half
an hour.
(2) The State Government or, subject to the control of the State
Government, the Chief Inspector, may, by written order and for the reason
specified therein, exempt any factory from the provisions of sub-section (1)
so however that the total number of hours worked by a worker without an
interval does not exceed six.
56. Spreadover. -
The period of work of an adult worker in a factory shall be so arranged that
inclusive of his intervals for rest under section 55, they shall not
spreadover more than ten and a half hours in any day:
Provided that the Chief Inspector may, for reasons to be specified in writing,
increase the spreadover up to twelve hours.
57. Night shifts. -
Where a worker in a factory works on a shift which extends beyond midnight,-
(a) for the purposes of sections 52 and 53, a holiday
for a whole day
shall mean in his case a period of twenty-four consecutive hours beginning
when his shift ends;
(b) the following day for him shall be deemed to be the
period of
twenty-four hours beginning when such shift ends, and the hours he has worked
after midnight shall be counted in the previous day.
58. Prohibition of overlapping shifts. -
(1) Work shall not be carried on in any factory by means of a system of shifts
so arranged that more than one relay of workers is engaged in work of the same
kind at the same time.
(2) The State Government or subject to the control of the State
Government, the Chief Inspector, may, by written order and for the reasons
specified therein, exempt on such conditions as may be deemed expedient, any
factory or class or description of factories or any department or section of
a factory or any category or description of workers therein from the
provisions
of sub-section (1).
59. Extra wages for overtime. -
(1) Where a worker works in a factory for more than nine hours in any day or
for more than forty-eight hours in any week, he shall, in respect of overtime
work, be entitled to wages at the rate of twice his ordinary rate of wages.
(2) For the purposes of sub-section (1), "ordinary rate of wages"
means the basic wages plus such allowances, including the cash equivalent of
the advantage accuring through the concessional sale to workers of foodgrains
and other articles, as the worker is for the time being entitled to, but does
not include a bonus and wages for overtime work.
(3) Where any workers in a factory are paid on a piece-rate basis, the
time-rate shall be deemed to be equivalent to the daily average of their full-
time earnings for the days on which they actually worked on the same or
identical job during the month immediately preceding the calendar months
during which the overtime work was done, and such time-rates shall be deemed
to be the ordinary rates of wages of those workers:
Provided that in the case of a worker who has not worked in the immediately
preceding calender month on the same or identical job, the time-rate shall be
deemed to be equivalent to the daily average of the earnings of the worker for
the days on which he actually worked in the week in which the overtime work
was done.
Explanation. -
For the purposes of this sub-section in computing the earnings for the days
on which the worker actually worked, such allowances
including the cash equivalent of the advantage accruing through the
concessional sale to workers of foodgrains and other articles, as the worker
is for the time being entitled to, shall be included but any bonus or wages
for overtime work payable in relation to the period with reference to which
the earnings are being computed shall be excluded.
(4) The cash equivalent of the advantage accruing through the concessional
sale to a worker of foodgrains and other articles shall be computed as often
as may be prescribed on the basis of the maximum quantity of foodgrains and
other articles admissible to a standard family.
Explanation I. -
"Standard family" means a family consisting of the worker, his or her
spouse
and two children below the age of fourteen years
requiring in all three adult consumption units.
Explanation 2. -
"Adult consumption unit" means the consumption units of a male above
the age
of fourteen years, and the consumption unit of a
female above the age of fourteen years and that of a child below the age of
fourteen years shall be calculated at the rates of 8 and 6, respectively of
one adult consumption unit.
(5) The State Government may make rules prescribing-
(a) the manner in which the cash equivalent of the
advantage accruing
through the concessional sale to a worker of foodgrains and other articles
shall be computed; and
(b) the registers that shall be maintained in a factory
for the purpose
of securing compliance with the provisions of this section.
60. Restriction on double employment. -
No adult worker shall be required or allowed to work in any factory on any day
on which he has already been working in any other factory, save in such
circumstances as may be prescribed.
61. Notice of periods of work for adults. -
(1) There shall be displayed and correctly maintained in every factory in
accordance with the provisions for sub-section (2) of section 108, a notice
of periods of work for adults, showing clearly for every day the periods
during which adult workers may be required to work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed
beforehand in accordance with the following provisions of this section, and
shall be such that workers working for those periods would not be working in
contravention of any of the provisions of sections 51, 52, 54, 55, 56 and 58.
(3) Where all the adult workers in a factory are required to work during the
same periods, the manager of the factory shall fix those periods for such
workers generally.
(4) Where all the adult workers in a factory are not required to work during
the same periods, the manager of the factory shall classify them into groups
according to the nature of their work indicating the number of workers in such
group.
(5) For each group, which is not required to work on a system of shifts, the
manager of the factory shall fix the periods during which the group may be
required to work.
(6) Where any group is required to work on system of shifts and the relays are
to be subject to pre-determined periodical changes or shifts, the manager of
the factory shall fix the periods during which each relay of the group may be
required to work.
(7) Where any group is to work on a system of shifts and the relays are to be
subject to pre-determined periodical changes of shifts, the manager of the
factory shall draw up a scheme of shifts, whereunder the period during which
any relay or group may be required to work and the relay which will be working
at any time of the day shall be known for any day.
(8) The State Government may prescribe forms of the notice required by
sub-section (1) and the manner in which it shall be maintained.
(9) In the case of a factory beginning work after the commencement of this
Act, a copy of the notice referred to in sub-section (1) shall be sent in
duplicate to the Inspector before the day on which work is begun in the
factory.
(10) Any proposed change in the system of work in any factory which Will
necessitate a change in the notice referred to in sub-section (1) shall be
notified to the Inspector in duplicate before the change is made, and except
with the previous sanction of the Inspector, no such change shall be made
until one week has elapsed since that last change.
62. Register of adult workers. -
(1) The manager of every factory shall maintain a register of adult workers,
to be available to the Inspector at all times during working hours, or when
any work is being carried on in the factory, showing-
(a) the name of each adult worker in the factory;
(b) the nature of his work;
(c) the group, if any, in which he is included;
(d) where his group works on shift, the relay to which
he is allotted;
and
(e) such other particulars as may be prescribed:
Provided that if the Inspector is of opinion that any muster-roll or register
maintained as a part of the routine of a factory gives in respect of any or
all the workers in the factory the particulars required under this section,
he may, by order in writing, direct that such muster-roll or register shall
to the
corresponding extent be maintained in place of, and be treated as, the
register of adult workers in that factory.
(1A) No adult worker shall be required or allowed to work in any
factory unless his name and other particulars have been entered in the
register of adult workers.
(2) The State Government may prescribe the form of the register of adult
workers, the manner in which it shall be maintained and the period for which
it shall be preserved.
63. Hours of work to correspond with notice under
section 61 and
register under section 62. -
No adult worker shall be required or allowed to work in any
factory otherwise than in accordance with the notice of periods of work for
adults displayed in the factory and the entries made beforehand against his
name in the register of adult workers of the factory.
64. Power to make exempting rule. -
(1) The State Government may make rules defining the persons who hold
positions of supervision or management or are employed in a confidential
position in a factory or empowering the Chief Inspector to declare any person,
other than a person defined by
such rules as a person holding position of supervision or management or
employed in a confidential position in a factory if, in the opinion of the
Chief Inspector, such person holds such position or is so employed and the
provision of this Chapter, other than the provisions of clause (b) of
sub-section (1)
of section 66 and of the proviso to that sub-section, shall not apply to any
person so defined or declared :
Provided that any person so defined or declared shall, where the ordinary rate
of wages of such person does not exceed the wage limit specified in
sub-section (6) of section 1 of the Payment of Wages Act, 1936 (4 of 1936),
as amended from time to time, be entitled to extra wages in respect of
overtime work under section 59.
(2) The State Government may make rules in respect of adult workers in
factories providing for the exemption, to such extent and subject to such
conditions as may be prescribed-
(a) of workers engaged on urgent repairs, from the
provisions of
sections 51, 52, 54, 55 and 56;
(b) of workers engaged in work in the nature of
preparatory or
complementary work which must necessarily be carried on outside the limits
laid down for the general working of the factory, from the provisions of
sections 51, 54, 55 and 56;
(c) of workers engaged in work which is necessarily so
intermittent that
intervals during which they do not work while on duty, ordinarily amount to
more than the intervals for rest required by or under section 55, from the
provisions of sections 51, 54, 55 and 56;
(d) of workers engaged in any work which for technical
reasons must be
carried on continuously from the provisions of sections 51, 52, 54, 55 and 56;
(e) of workers engaged in making or supplying articles
of prime
necessity which must be made or supplied every day, from the provisions of
section 51 and section 52;
(f) of workers engaged in a manufacturing process which
cannot be
carried on except during fixed seasons, from the provisions of section 51,
section 52 and section 54;
(g) of worker engaged in a manufacturing process, which
cannot be
carried on except at times dependent on the irregular action of natural
forces, from the provisions of sections 52 and 55;
(h) of workers engaged in engine-rooms of boiler-houses
or in attending
to power-plant or transmission machinery, from the provisions of section 51
and section 52;
(i) of workers engaged in the printing of newspapers,
who are held up
on account of the breakdown of machinery, from the provisions of sections 51,
54 and 56.
Explanation. - In this clause the expression
"newspapers" has the
meaning assigned to it in the Press and Registration of Books Act, 1867 (XXV
of 1867);
(j ) of workers engaged in the loading or unloading of
railway wagons
or lorries or trucks, from the provisions of sections 51, 52, 54, 55 and 561;
(k) of workers engaged in any work, which is notified
by the State
Government in the Official Gazette as a work of national importance, from the
provisions of section 51, section 52, section 54, section 55 and section 56.
(3) Rules made under sub-section (2) providing for any exemption may also
provide for any consequential exemption from the provisions of section 61
which the State Government may deem to be expedient, subject to such
conditions as it may prescribe.
(4) In making rules under this section, the State Government shall not exceed,
except in respect of exemption under clause (a) of sub-section (2), the
following limits of work inclusive of overtime : -
(i) the total number of hours of work in any day shall
not exceed ten;
(ii) the spreadover, inclusive of intervals for rest,
shall not exceed
twelve hours in any one day;
Provided that the State Government may, in respect of any or all of the
categories of workers referred to in clause (d) of sub-section (2), make rules
prescribing the circumstances in which, and the conditions subject to which,
the restrictions imposed by clause (i) and clause (ii) shall not apply in
order
to enable a shift worker to work the whole or part of a subsequent shift in
the absence of a worker who has failed to report for duty;
(iii) the total number of hours of work in a week
including overtime,
shall not exceed sixty;
(iv) the total number of hours of overtime shall not
exceed fifty for
any one quarter.
Explanation.-"Quarter" means a period of
three consecutive months
beginning on the 1st of January, the 1st of April, the 1st of July or the 1st
of October.
(5) Rules made under this section shall remain in force for not more than five
years.
65. Power to make exempting orders. -
(1) Where the State Government is satisfied that, owing to the nature of the
work carried on or to other circumstances, it is reasonable to require that
the periods of work of any adult
worker in any factory or class or description of factories should be fixed
beforehand, it may, by written order, relax or modify the provisions of
section 61 in respect of such workers therein, to such extent and in such
manner as it may think fit, and subject to such conditions as it may deem
expedient to
ensure control over periods of work.
(2) The State Government or, subject to the control of the State Government
the Chief Inspector may, by written order, exempt on such conditions as it or
he may deem expedient, any or all of the adult workers in any factory or group
or class or description of factories from any or all of the provisions of
sections 51, 52, 54 and 56 on the ground that the exemption is required to
enable the factory or factories to deal with an exceptional pressure
of work.
(5) Any exemption granted under sub-section (2) shall be subject to the
following conditions, namely:
(i) the total number of hours of work in any day shall
not exceed
twelve;
(ii) the spreadover, inclusive of intervals for rest,
shall not exceed
thirteen hours in any one day;
(iii) the total number of hours of work in any week,
including overtime,
shall not exceed sixty;
(iv) no worker shall be allowed to work overtime, for
more than seven
days at a stretch and the total number of hours of overtime work in any
quarter shall not exceed seventy-five.
Explanation. - In this sub-section "quarter"
has the same meaning as in
sub-section (4) of section 64.
66. Further restriction on employment of women. -
(1) The provisions of this Chapter shall, in their application to women in
factories, be supplemented by the following further restrictions, namely:-
(a) no exemption from the provisions of section 54 may
be granted in
respect of any woman;
(b) no woman shall be required or allowed to work in
any factory except
between the hours 6 A.M. and 7 P.M.;
Provided that the State Government may, by notification
in the Official
Gazette, in respect of any factory or group or class or description of
factories, vary the limits laid down in clause (b), but so that no such
variation shall authorise the employment of any woman between the hours of 10
P.M. and 5 A.M..
(c) there shall be no change of shifts except after a
weekly holiday or
any other holiday.
(2) The State Government may make rules providing for the exemption from the
restrictions set out in sub-section (1), to such extent and subject to such
conditions as it may prescribe, of women working in fish-curing or fish-
canning factories, where the employment of women beyond the hours specified
in the said restrictions, is necessary to prevent damage to, or deterioration
in any raw material.
(3) The rules made under sub-section (2) shall remain in force for not more
than three years at a time.
CHAPTER VII: Employment of Young Persons
67. Prohibition of employment of young children.
-
No child who has not completed his fourteenth year shall be required or
allowed to work in any factory.
68. Non-adult workers to carry tokens. -
A child who has completed his fourteenth year or an adolescent shall not be
required or allowed to work in any factory, unless -
(a) a certificate of fitness granted with reference to
him under section
69, is in the custody of manager of the factory, and
(b) such child or adolescent carries while he is at
work, a token giving
a reference to such certificate.
69. Certificate of fitness. -
A certifying surgeon shall, on the application of any young person or his
parent or guardian accompanied by a document
signed by the manager of a factory that such person will be employed therein
if certified to be fit for work in a factory, or on the application of the
manager of the factory, in which any young person wishes to work, examine such
person and ascertain his fitness for work in a factory.
(2) The certifying surgeon, after examination, may grant to such young person,
in the prescribed form, or may renew-
(a) certificate of fitness to work in a factory as a
child, if he is
satisfied that the young person has completed his fourteenth year, that he has
attained the prescribed physical standards and that he is fit for such work;
(b) a certificate of fitness to work in a factory as an
adult, if he is
satisfied that the young person has completed his fifteenth year and is fit
for a full day's work in a factory:
Provided that unless the certifying surgeon has
personal knowledge of
the place where the young person proposes to work and of the manufacturing
process in which he will be employed, he shall not grant or renew a
certificate under this sub-section until he has examined such place.
(3) A certificate of fitness granted or renewed under sub-section (2)-
(a) shall be valid only for a period of twelve months
from the date
thereof:
(b) may be made subject to conditions in regard to the
nature of the
work in which the young person may be employed, or requiring reexamination of
the young person before the expiry of the period of twelve months.
(4) A certifying surgeon shall revoke any certificate granted or renewed under
sub-section (2) if in his opinion the holder of it is no longer fit to work
in the capacity stated therein in a factory.
(5) Where a certifying surgeon refuses to grant or renew a certificate or a
certificate of the kind requested or revokes a certificate, he shall, if so
requested by any person who could have applied for the certificate or the
renewal thereof, state his reasons in writing for so doing.
(6) Where a certificate under this section with reference to any young person
is granted or renewed subject to such conditions as are referred to in clause
(b) of sub-section (3), the young person shall not be required or allowed to
work in any factory except in accordance with those conditions.
(7) Any fee payable for a certificate under this section shall be paid by the
occupier and shall not be recoverable from the young person, his parents or
guardian.
70. Effect of certificate of fitness granted to
adolescent. -
(1) An adolescent, who has been granted certificate of fitness to work in a
factory as an adult under clause (b) of sub-section (2) of section 69, and who
while at work in a factory carries a taken giving reference to the
certificate, shall be deemed
to be an adult for all the purposes of Chapters VI and VIII;
(1A) No female adolescent or a male adolescent who has not attained the age
of seventeen years but who has been granted a certificate of fitness to work
in a factory as an adult, shall be required or allowed to work in any factory
except between 6 A.M. and 7 P.M.
Provided that the State Government may, by notification in the Official
Gazette, in respect of any factory or group or class or description of
factories,-
(i) vary the limits laid down in this sub-section so,
however, that no
such section shall authorise the employment of any female, adolescent between
10 P.M. and 5 A.M.
(ii) grant exemption from the provisions of this
sub-section in case of
serious emergency where national interest is involved.
(2) An adolescent who has not been granted a certificate of fitness to work
in a factory as an adult under the aforesaid clause (b) shall, notwithstanding
his age, be deemed to be a child for all the purposes of this Act.
71. Working hours for children. -
(1) No child shall be employed or permitted to work in any factory-
(a) for more than four and a half hours in any day;
(b) during the night.
Explanation. - For the purpose of this sub-section
"night" shall mean
a period of at least twelve consecutive hours which shall include the interval
between 10 P.M. and 6 A.M.
(2) The period of work of all children employed in a factory shall be limited
to two shifts which shall not overlap or spreadover more than five hours each;
and each child shall be employed in only one of the relays which shall not,
except with the previous permission in writing of the Chief Inspector,
be changed more frequently than once in a period of thirty days.
(3) The provisions of section 52 shall apply also to child workers and no
exemption from the provisions of that section may be granted in respect of any
child.
(4) No child shall be required or allowed to work in any factory on any day
on which he has already been working in another factory.
(5) No female child shall be required or allowed to work in any factory except
between 8 A.M. and 7 P.M.
72. Notice of period of work for children. -
(1) There shall be displayed and correctly maintained in every factory in
which children are employed, in accordance with the provisions of sub-section
(2) of section 108, a notice of periods of work for children, showing clear}y
for every day the periods during which children may be required or allowed to
work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed
beforehand in accordance with the method laid down for adult workers in
section 61, and shall be such that children working for those periods would
not be working in contravention of any of the provisions of section 71.
(3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply
also to the notice required by sub-section (1) of this section.
73. Register of child workers. -
(1) The manager of every factory in which children are employed shall maintain
a register of child workers, to be available to the Inspector at all times
during working hours or when any work
is being carried on in a factory, showing -
(a) the name of each child worker in the factory,
(b) the nature of his work,
(c) the group, if any, in which he is included,
(d) where his group works on shifts, the relay to which
he is allotted,
and
(e) the number of his certificate of fitness granted
under section 69.
(1A) No child worker shall be required or allowed to work in any
factory unless his name and other particulars have been entered in the
register of child workers.
(2) The State Government may prescribe the form of the register of child
workers, the manner in which it shall be maintained and the period for which
it shall be preserved.
74. Hours of work to correspond with notice under
section 72 and
register under section 73. -
No child shall be employed in any factory otherwise than in
accordance with the notice of periods of work for children displayed in the
factory and the entries made beforehand against his name in the register of
child workers of the factory.
75. Power to require medical examination. -
Where an Inspector is of opinion -
(a) that any person working in factory without a
certificate of fitness
is a young person, or
(b) that a young person working in a factory with a
certificate of
fitness is no longer fit to work in the capacity stated therein, -
he may serve on the manager of the factory a notice requiring that such person
or young person, as the case may be shall be, examined by a certifying
surgeon, and such person or young person shall not, if the Inspector so
directs, be employed, or permitted to work, in any factory until he has been
so examined and has been granted a certificate of fitness or a fresh
certificate of fitness, as the case may be, under section 69, or has been
certified by the certifying surgeon examining him not to be a young person.
76. Power to make rules. -
The State Government may make rules-
(a) prescribing the forms of certificate of fitness to
be granted under
section 69, providing for the grant of duplicates in the event of loss of the
original certificate, and fixing the fees which may be charged for such
certificates and renewals thereof and such duplicates;
(b) prescribing the physical standards to be attained
by children and
adolescents working in factories;
(c) regulating the procedure of certifying surgeons
under this Chapter;
(d) specifying other duties which certifying surgeons
may be required
to perform in connection with the employment of young persons in factories,
and fixing the fees which may be charged for such duties and the persons by
whom they shall be payable.
77. Certain other provisions of law not barred. -
The provisions of this Chapter shall be in addition to, and not in derogation
of, the provisions of the Employment of Children Act, 1938 (XXVt of 1938).
CHAPTER VIII: Annual Leave with Wages
78. Application of Chapter. -
(1) The provisions of this Chapter shall not operate to prejudice of any right
to which a worker may be entitled under any other law or under the terms of
any award, agreement including settlement or contract of service:
Provided that if such award, agreement (including settlement) or contract of
service provides for a longer annual leave with wages than provided in this
Chapter, the quantum of leave, which the worker shall be entitled to, shall
be in accordance with such award, agreement or contract of service, but in
relation to matters not provided for in such award, agreement or contract
of service or matters which are provided for less favourable therein, the
provisions of sections 79 to 82, so far as may be, shall apply.
(2) The provisions of this Chapter shall not apply to workers in any factory
of any railway administered by the Government, who are governed by leave rules
approved by the Central Government
79. Annual leave with wages. -
(1) Every worker who has worked for a period of 240 days or more in a factory
during a calendar year shall be allowed during the subsequent calendar year,
leave with wages for a number of days
calculated at the rate of -
(i) if an adult, one day for every twenty days of work
performed by him
during the previous calendar year;
(ii) if a child, one day for every fifteen days of work
performed by him
during the previous calendar year.
Explanation 1. - For the purposes of this
sub-section-
(a) any days of lay-off,
by agreement or contract or as
permissible under the standing orders;
(b) in the case of a
female worker, maternity leave for any number
of days not exceeding twelve weeks; and
(c) the leave earned in
the year prior to that in which the leave
is enjoyed;
shall be deemed to be days on which the worker has
worked in a factory
for the purpose of computation of the period of 240 days or more, but he shall
not earn leave for these days.
Explanation 2. - The
leave admissible under this sub-section shall
be exclusive of all holidays whether occurring during or at either end of the
period of leave.
(2) A worker whose service commences otherwise than on the first day of
January shall be entitled to leave with wages at the rate laid down in clause
(t) or, as the case may be, clause (ii) of sub-section (1) if he has worked
for two-thirds of the total number of days in the remainder of the calendar
year.
(3) If a worker is discharged or dismissed from service or quits his
employment or is superannuated or dies while in service, during the course of
the calendar year, he or his heir or nominee, as the case may be, shall be
entitled to wages in lieu of the quantum of leave to which he was entitled
immediately before his discharge, dismissal, quitting of employment,
superannuation or death, calculated at the rates specified in sub-section (1),
even if he had not worked for the entire period specified in sub-section(1)
or sub-section (2) making him eligible to avail of such leave, and such
payment shall
be made -
(i) where the worker is discharged or dismissed or
quits employments
before the expiry of the second working day from the date of such discharge,
dismissal or quitting; and
(ii) where the worker is superannuated or dies while in
service, before
the expiry of two months from the date of such superannuation or death.
(4) In calculating leave under this section, fraction of leave of half a day
or more shall be treated as one full day's leave and fraction of less than
half a day shall be omitted.
(5) If a worker does not in any one calendar year takes the whole of the leave
allowed to him under sub-section (1) or sub-section (2), as the case may be,
any leave not taken by him shall be added to the leave to be allowed to him
in the succeeding calendar year:
Provided that the total number of days of leave that may be carried forward
to a succeeding year shall not exceed thirty in the case of an adult or forty
in the case of a child:
Provided further that a worKer, who has applied for leave with wages but has
not been given such leave in accordance with any scheme laid down in
sub-sections (8) and (9) or in contravention of sub-section (10) shall be
entitled to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not
less than fifteen days before the date on which he wishes his leave to begin,
to take all the leave or any portion thereof allowable to him during the
calendar year:
Provided that the application shall be made not less than thirty days before
the date on which the worker wishes his leave to begin, if he is employed in
a public utility service as defined in clause (n) of section 2 of the
Industrial Disputes Act, 1947 (XIV of 1947):
Provided further that the number of times in which leave may be taken during
any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to
cover a period of illness, he shall be granted such leave even if the
application for leave is not made within the time specified in sub-section
(6); and in such a case wages as admissible under section 81 shall be paid not
later than fifteen days, or in the case of a public utility service not later
than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or
manager of the factory, in agreement with the Works Committee for the factory
constituted under section 3 of the Industrial Disputes Act, 1947 (XIV of
1947), or a similar Committee constituted under any other Act or if there is
no such
Works Committee or a similar Committee in the factory, in agreement with the
representatives of t.he workers therein chosen in the prescribed manner, may
lodge with the Chief Inspector a scheme in writing whereby the grant of the
leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some
conspicuous and convenient place in the factory and shall be in force for a
period of twelve months from the date on which it comes into force, and may
thereafter be renewed with or without modification for a further period of
twelve months at a time, by the manager in agreement with the Works Committee
or a similar Committee, or as the case may be, in agreement with
the representatives of the workers as specified in sub-section (8), and a
notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of
sub-section (6) shall not be refused, unless refusal is in accordance with the
scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section
(1) or sub-section (2), as the case may be, is terminated by the occupier
before he has taken the entire leave to which he is entitled, or if having
applied for and having not been granted such leave, the worker quits his
employment before he has taken the leave, the occupier of the factory shall
pay him the amount payable under section 80 in respect of the leave not taken,
and such payment shall be made, where the employment of the worker is
terminated by the occupier, before the expiry of the second working day after
such termination, and where a worker who quits his employment, on or before
the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in
computing the period of any notice required to be given before discharge or
dismissal.
80. Wages during leave periods. -
(1) For the leave allowed to him under section 78 or section 79, as the case
may be, a worker shall be entitled to wages at a rate equal to the daily
average of his total full time earnings for the day on which he actually
worked during the months immediately preceding his leave, exclusive of any
overtime and bonus but inclusive of dearness allowance and the cash equivalent
of advantage accruing through the concessional sale to the worker of
foodgrains and other articles:
Provided that in the case of a worker who has not worked on any day during the
calendar month immediately preceding his leave, he shall be paid at a rate
equal to the daily average of his total full time earnings for the days on
which he actually worked during the last calendar month preceding his leave,
in which he actually worked, exclusive of any overtime and bonus but inclusive
of dearness allowance and the cash equivalent of the advantage accruing
through the concessional sale to the workers of foodgrains and other
articles.]
(2) The cash equivalent of the advantage accruing through the concessional
sale to the worker of foodgrains and other articles shall be computed as often
as may be prescribed, on the basis of the maximum quantity of foodgrains and
other articles admissible to a standard family.
Explanation 1. - "Standard family" means a
family consisting of a
worker, his or her spouse and two children below the age of fourteen years
requiring in all three adult consumption units.
Explanation 2. - "Adult consumption unit"
means the consumption unit of
a male above the age of fourteen years; and the consumption unit of a female
above the age of fourteen years, and that of a child below the age of fourteen
years shall be calculated at the rates of 8 and 6 respectively of one adult
consumption unit.
(3) The State Government may make rules prescribing -
(a) the manner in which the cash equivalent of the
advantage accruing
through the concessional sale to a worker of foodgrains and other articles
shall be computed; and
(b) the registers that shall be maintained in a factory
for the purpose
of securing compliance with the provisions of this section.
81. Payment in advance in certain cases. -
A worker who has been allowed leave for not less than four days, in the case
of an adult, and five days, in the case of a child, shall, before his leave
begins, be paid the wages due for the periods of the leave allowed.
82. Mode of recovery of unpaid wages. -
Any sum required to be paid by an employer, under this Chapter but not paid
by him, shall be recoverable as delayed wages under the provisions of the
Payment of Wages Act, 1936 (IV of 1936).
83. Power to make rules. -
The State Government may make rules directing managers of factories to keep
registers containing such particulars as may
be prescribed and requiring the registers to be made available for examination
by Inspectors.
84. Power to exempt factories. -
Where the State Government is satisfied that the leave rules applicable to
workers in a factory provide benefits which
in its opinion, are not less favourable than those for which this Chapter
makes provisions, it may by written order, exempt the factory from all or any
of the provisions of this Chapter subject to such conditions as may be
specified in the order.
Explanation. - For the purposes of this section, in
deciding whether the
benefits which are provided for by any leave rules are less favourable than
those for which this Chapter makes provision, or not, the totality of the
benefits shall be taken into account.
CHAPTER IX: Special Provisions
85. Power to apply the Act to certain premises. -
(1) The State Government may, by notification in the Official Gazette, declare
that all or any of the provisions of this Act shall apply to any place wherein
a manufacturing process is carried on with or without the aid of power or is
so ordinarily
carried on, notwithstanding that -
(i) the number of persons employed therein is less than
ten, if working
with the aid of power, and less than twenty if working without the aid of
power, or
(ii) the persons working therein are not employed by
the owner thereof
but are working with the permission of, or under agreement with, such owner:
Provided that the manufacturing process is not being
carried on by the
owner only with the aid of his family.
(2) After a place is so declared, it shall be deemed to
be a factory for
the purposes of this Act, and the owner shall be deemed to be the occupier,
and any person working therein, to be a worker.
Explanation. - For the purpose of this section
"owner" shall include a
lessee or mortgagee with possession of the premises.
86. Power to exempt public institution. -
The State Government may exempt, subject to such conditions as it may consider
necessary, any workshop or workplace where a manufacturing process is carried
on and which is attached to a public institution maintained for the purposes
of education
training, research or information, from all or any of the provisions of this
Act:
Provided that no exemption shall be granted from the provisions relating to
hours of work and holidays unless the persons having the control of the
institution submit, for the approval of the State Government, a scheme of the
regulation of the hours of employment, intervals for meals, and holidays of
the persons employed in or attending the institution or who are inmates for
the institution, and the State Government is satisfied that the provisions of
the scheme are not less favourable than the corresponding provisions of the
Act.
87. Dangerous operations. -
Where the State Government is of opinion that any manufacturing process or
operation carried on in a factory exposes any persons employed in it to a
serious risk of bodily injury, poisoning or
disease, it may order or make rules applicable to any factory or class or
description of factories in which manufacturing process or operation is
carried on -
(a) specifying the manufacturing process or operation
and declaring it
to be dangerous;
(b) prohibiting or restricting the employment of women,
adolescents or
children in the manufacturing process or operation;
(e) providing for the periodical medical examination
for persons
employed or seeking to be employed, in the manufacturing process or operation,
and prohibiting the employment of persons not certified as fit for such
employment and requiring the payment by the occupier of the factory of fees
for such medical examination;
(d) providing for the protection of all persons
employed in the
manufacturing process or operation or in the vicinity of the places where it
is carried on;
(e) prohibiting, restricting or controlling the use of
any specified
materials or processes in connection with the manufacturing process or
operation:
(f) requiring the provision of additional welfare
amenities and sanitary
facilities and the supply of protective equipment and clothing, and laying
down the standards thereof, having regard to the dangerous nature of the
manufacturing process or operation;
87A. Power to prohibit employment on account of serious
hazard.-
(1) Where it appears to the Inspector that conditions in a factory or part
thereof are such that they may cause serious hazard by way of injury or death
to the persons employed therein or to the general public in the vicinity, he
may, by order in writing to the occupier of the factory, state the particulars
in
respect of which he considers the factory or part thereof to be the cause of
such serious hazard and prohibit such occupier from employing any person in
the factory or any part thereof other than the minimum number of persons
necessary to attend to the minimum tasks till the hazard is removed.
(2) Any order issued by the Inspector under sub-section (1) shall have effect
for a period of three days until extended by the Chief Inspector by a
subsequent order.
(3) Any person aggrieved by an order of the Inspector under sub-section (1),
and the Chief Inspector under sub-section (2), shall have the right to appeal
to the High Court.
(4) Any person whose employment has been affected by an order issued under
sub-section (1), shall be entitled to wages and other benefits and it shall
be the duty of the occupier to provide alternative employment to him wherever
possible and in the manner prescribed.
(5) The provisions of sub-section (4) shall be without prejudice to the rights
of the parties under the Industrial Disputes Act, 1947 (14 of 1947)1.
88. Notice of certain accident. -
(1) Where in any factory an accident occurs which causes death, or which
causes any bodily injury by reason of which the person injured is prevented
from working for a period of forty-eight hours or more immediately following
the accident, or which is of such nature as may be prescribed in this behalf,
the manager of the factory shall send notice thereof to such authorities, in
such form and within such time, as may be prescribed.
(2) Where a notice given under sub-section (1) relates to an accident causing
death, the authority to whom the notice is sent shall make an inquiry into the
occurrence within one month of the receipt of the notice or if there is no
such authority, the Chief Inspector cause the Inspector to make an inquiry
within the said period.
(3) The State Government may make rules for regulating the procedure inquires
under this section.
88A. Notice of certain dangerous occurrences. -
Where in a factory any dangerous occurrence of such nature as may be
prescribed, occurs, whether causing any bodily injury or disability, or not,
the manager of the factory shall send notice thereof to such authorities, and
in such form and within such time, as may be prescribed.
89. Notice of certain diseases. -
(1) Where any worker in a factory contacts any disease specified in the Third
Schedule the manager of the factory shall send notice thereof to such
authorities, and in such form and within
such time, as may be prescribed.
(2) If any medical practitioner attends on a person, who is or has been
employed in a factory, and who is, or is believed by the medical practitioner
to be suffering from any disease specified in the Third Schedule the medical
practitioner shall without delay send a report in writing to the office of the
Chief Inspector stating -
(a) the name and full postal address of the patient,
(b) the disease from which he believes the patient to
be suffering, and
(c) the name and address of the factory in which the
patient is, or was
last employed.
(3) Where the report under sub-section (2) is confirmed to the satisfaction
of the Chief Inspector, by the certificate of the certifying surgeon or
otherwise, that the person is suffering from a disease specified in the Third
Schedule, he shall pay to the medical practitioner such fee as may be
prescribed, and the fee so paid shall be recoverable as an arrear of land
revenue
from the occupier of the factory in which the person contacted the disease.
(4) If any medical practitioner fails to comply with the provisions of
sub-section (2), he shall be punishable with fine which may extend to one
thousand rupees.
(5) The Central Government may, by notification in the Official
Gazette, and to or alter the Third Schedule and any such addition or
alteration shall have effect as if it had been made by this Act.
90. Power to direct inquiry into cases of accident or
disease. -
(1) The State Government may, if it considers it expedient so to do, appoint
a competent person to inquire into the causes of any accident occurring in a
factory or into any case where a disease specified in the Third Schedule has
been, or is suspected to have been, contacted in a factory, and may also
appoint one or more persons possessing legal or special knowledge to act as
assessors
in such inquiry.
(2) The person appointed to hold an inquiry under this section shall have all
the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of
1908), for the purposes of enforcing the attendance of witnesses and
compelling the production of documents and material objects and may also, so
far as may be necessary for the purposes of the inquiry, exercise any of the
powers of an Inspector under this Act; and every person required by the person
making the inquiry to furnish any information, shall be deemed to be legally
bound so to do within the meaning of section 176 of the Indian Penal Code (XLV
of 1960).
(3) The person holding an inquiry under this section shall make a report to
the State Government stating the cause of the accident, or as the case may be,
disease, and any attendant circumstances, and adding any observations which
he or any of the assessors may think fit to make.
(4) The State Government may, if it thinks fit, cause to be published any
report made under this section or any extracts therefrom.
(5) The State Government may make rules for regulating the procedure of
inquires under this section.
91. Power to take samples. -
(1) An Inspector may at any time during the normal working hours of a factory,
after informing the occupier or manager of the factory or other person for the
time being purporting to be
in-charge of the factory, take, in the manner hereinafter provided, a
sufficient sample of any substance used or intended to be used in the factory,
such use being -
(a) in the belief of the Inspector, in contravention of
any of the
provisions of this Act or the rules made thereunder, or
(b) in the opinion of the Inspector, likely to cause
bodily injury to,
or injury to the health of, workers in the factory.
(2) Where the Inspector takes a sample under sub-section (1), he shall, in the
presence of the person informed, under that sub-section unless such person
wilfully absents himself, divide the sample into three portions and
effectively, seal and suitably mark them, and shall permit such person to add
his own seal and mark thereto.
(3) The person informed as aforesaid shall, if the Inspector so requires,
provide the appliances for dividing, sealing and marking the sample taken
under this section.
(4) The Inspector shall-
(a) forthwith give one portion of the sample to the
person informed
under sub-section (1);
(b) forthwith send the second portion to a Government
analyst for
analysis and report thereon;
(c) retain the third portion for production to the
Court before which
proceedings, if any, are instituted in respect of the substance.
(5) Any document purporting to be a report under the hand of any
Government analyst upon any substance submitted to him for analysis and report
under this section, may be used as evidence in any proceeding instituted in
respect of the substance.
9lA. Safety and occupational health surveys. -
(1) The Chief Inspector, or the Director-General of Factory Advice Service and
Labour Institutes, or the Director-General of Health Services, to the
Government of India, or such other officer as may be authorised in this behalf
by the State Government or the Chief Inspector or the Director-General of
Factory Advice Service and Labour Institutes or the Director-General of Health
Services, may, at any time during the normal working hours of a factory, or
at any other time as is
found by him to be necessary, after giving notice in writing to the occupier
or manager of the factory or any other person who for the time being purports
to be in-charge of the factory, undertake safety and occupational health
surveys and such occupier or manager or other person shall afford all
facilities
for such survey, including facilities for the examination and testing of plant
and machinery and collection of samples and other data relevant to the survey.
(2) For the purpose of facilitating surveys under sub-section (1) every worker
shall, if so required by the person conducting the survey, present himself to
undergo such medical examinations as may be considered necessary by such
person and furnish all information in his possession and relevant to the
survey.
(3) Any time spent by a worker for undergoing medical examination
or furnishing information under sub-section (2) shall, for the purpose of
calculating wages and extra wages for overtime work, be deemed to be time
during which such worker worked in the factory.
Explanation. - For the purposes of this section, the
report, if any;
submitted to the State Government by the person conducting the survey under
sub-section (1) shall be deemed to be a report submitted by an Inspector under
this Act.
CHAPTER X: Penalties and Procedure
92. General penalty for offences. -
Save as is otherwise expressly provided in this Act and subject to the
provisions of section 93, if in, or in respect of, any factory there is any
contravention of the provisions of this Act
or of any rules made thereunder or of any order in writing given thereunder,
the occupier or manager of the factory shall each be guilty of an offence and
punishable with imprisonment for a term which may extend to two years or with
fine which may extend to one lakh rupees or with both, and if the
contravention is continued after conviction, with as further fine which may
extend to one thousand rupees for each day on which the contravention
is so continued.
Provided that where contravention of any of the
provisions of Chapter
IV or any rule made thereunder or under section 87 has resulted in an accident
causing death or serious bodily injury, the fine shall not be less than
twenty-five thousand rupees in the case of an accident causing death, and five
thousand rupees in the case of an accident causing serious bodily injury.
Explanation. - in this section and in section 94
"serious bodily injury"
means an injury which involves, or in all probability will involve, the
permanent loss of the use of, or permanent injury to, any limb or the
permanent loss of, or injury to sight or hearing, or the fracture of any bone,
but shall not include, the fracture of bone or joint (not being fracture of
more than one bone or joint) of and phalanges of the hand or foot.
93. Liability of owner of premises in certain
circumstances. -
(1) Where in any premises separate building are leased to different occupiers
for use as separate factories, the owner of the premises shall be responsible
for the provision and maintenance of common facilities and services, such as
approach roads, drainage, water supply, lighting and sanitation.
(2) The Chief Inspector shall have, subject to the control of the State
Government, power to issue order, to the owner of the premises in respect of
the carrying out of the provisions of sub-section (1).
(3) Where in any premises, independent or self-contained floor or fiats are
leased to different occupiers for use as separate factories, the owner of the
premises shall be liable as if he was the occupier or manager of a factory,
for any contravention of the provisions of this Act in respect of -
(i) latrines, urinals and washing facilities in so far
as the
maintenance of the common supply of water for those purpose in concerned;
(ii) fencing of machinery and plant belonging to the
owner and not
specifically entrusted to the custody or use of an occupier;
(iii) safe means of access to the floors or flats and
maintenance and
cleanliness of staircases and common passages;
(iv) precaution, in case of fire;
(v) maintenance of hoists and lifts; and
(vi) maintenance of any other common facilities
provided in the
premises.
(4) The Chief Inspector shall have, subject to the control of the State
Government, power to issue orders to the owner of the premises in respect of
the carrying out of the provisions of sub-section (3).
(5) The provisions of sub-section (3) relating to the liability of the owner
shall apply where in any premises independent rooms with common latrines,
urinals and washing facilities are leased to different occupier, for use as
separate factories:
Provided that the owner shall be responsible also for complying with the
requirements relating to the provisions and maintenance of latrines, urinals
and washing facilities.
(6) The Chief Inspector shall have, subject to the control of the State
Government, the power to issue orders to the owner of the premises referred
to in sub-section (5) in respect of the carrying out of the provisions of
section 46 or section 48.
(7) Where in any premises, portions of a room or a shed are leased to
different occupiers, for use as separate factories, the owner of the premises
shall be liable for any contravention of the provisions of -
(i) Chapter III, except sections 14 and 15;
(ii) Chapter IV, except sections 22, 23, 27, 34, 35 and
36:
Provided that in respect of the provisions of sections
21, 24 and 32 the
owner's liability shall be only in so far as such provisions relate to things
under his control:
Provided further that the occupier shall be responsible
for complying
with the provisions of Chapter IV in respect of plant and machinery belonging
to or supplied by him;
(iii) section 42.
(8) The Chief Inspector shall have, subject to the control of the State
Government, power to issue orders to the owner of premises in respect of the
carrying out of the provisions of sub-section (7).
(9) In respect of sub-sections (5) and (7), while computing for the purposes
of any of the provisions of this Act the total number of workers employed, the
whole of the premises shall be deemed to be a single factory.
94. Enhanced penalty after previous conviction. -
(1) If any person who has been convicted of any offence punishable under
section 92 is again found guilty of an offence involving a contravention Of
the same provision, he shall
be punishable on a subsequent conviction with imprisonment for a term which
may extend to three years or with fine, which shall not be less than ten
thousand rupees but which may extend to two lakh rupees or with both;
Provided that the Court may, for any adequate and special reasons
to be mentioned in the judgment, impose a fine of less than ten thousand
rupees:
Provided further that where contravention of any of the provisions of Chapter
IV or any rule made thereunder or under section 87 has resulted in an accident
causing death or serious bodily injury, the fine shall not be less than thirty
five thousand rupees in the case of an accident causing death and
ten thousand rupees in the case of an accident causing serious bodily injury.
(2) For the purpose of sub-section (1), no cognizance shall be taken of any
conviction made more than two years before the commission of the offence for
which the person is subsequently being convicted.
95. Penalty for obstructing inspector. -
Whoever wilfully obstructs an Inspector in the exercise of any power conferred
on him by or under this Act, or fails to produce on demand by an Inspector any
register or other documents kept in his custody in pursuance of this Act or
of any rules made thereunder, or conceals or prevents any workers, in a
factory from appearing before, or being examined by, an inspector, shall be
punishable with imprisonment for a term which may extend to six months or with
fine which may extend to ten thousand rupees or with both.
96. Penalty for wrongfully disclosing results of
analysis under section
91. -
Whoever, except in so far as it may be necessary for the purposes of a
prosecution for any offence punishable under this Act, publishes or discloses
to any person the results of an analysis made under section 91, shall be
punishable with imprisonment for a term, which may extend to six months or
with fine, which may extend to ten thousand rupees or with both.
96A. Penalty for contravention of the provisions of
sections 41B, 41C
and 41H. -
(1) Whoever fails to comply with or contravenes any of the
provisions of sections 41B, 41C or 41H or the rules made thereunder, shall,
in respect of such failure or contravention, be punishable with imprisonment
for a term which may extend to seven years and with fine which may extend to
two lakh rupees, and in case the failure or contravention continues, with
additional fine which may extend to five thousand rupees for every day during
which such failure or contravention continues, after the conviction for the
first such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues
beyond a period of one year after the date of conviction, the offender shall
be punishable with imprisonment for a term which may extend to ten years.
97. Offences by workers. -
(1) Subject to the provisions of section 111, if any worker employed in a
factory contravenes any provision of this Act or
any rules or orders made thereunder, imposing any duty or liability on
workers, he shall be punishable with fine which may extend to five hundred
rupees.
(2) Where a worker is convicted of an offence punishable under sub-section (1)
the occupier or manager of the factory shall not be deemed to be guilty of an
offence in respect of that contravention, unless it is proved that he failed
to take all reasonable measures for its prevention.
98. Penalty for using false certificate of fitness. -
Whoever knowingly uses or attempts to use, as a certificate of fitness granted
to himself under section 70, a certificate granted to another person under
that section, or who, having procured such a certificate, knowingly allow it
to be used, or an attempt to use it to be made by, another person, shall be
punishable with imprisonment for a term, which may extend to two months or
with fine which may extend to one thousand rupees or with both.
99. Penalty for permitting double employment of child.
-
If a child works in a factory on any day on which he has already been working
in another factory, the parent or guardian of the child or the person having
custody of or control over him or obtaining any direct benefit from his wages,
shall be punishable with fine which may extend to one thousand rupees, unless
it appears to the Court that the child so worked without the consent or
connivance of such parent, guardian or person.
100. Omitted by Act 20 of 1987
101. Exemption of occupier or manager from liability in certain cases. -
Where the occupier or manager of a factory is charged with an offence
punishable under this Act he shall be entitled, upon complaint duly made by
him and on giving to the prosecutor not less than three clear days' notice in
writing of his intention so to do, 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 manager of the factory, as the case may be, proves to
the satisfaction of the Court -
(a) that he has used due diligence to enforce the
execution of this Act,
and
(b) that the said other person committed the offence in
question without
his knowledge, consent or connivance,
that other person shall be convicted of the offence and shall be liable to the
like punishment as if he was the occupier or manager of the factory, and the
occupier or manager, as the case may be, shall be, discharged from any
liability under this Act in respect of such offence:
Provided that in seeking to prove as aforesaid, the occupier or manager of the
factory, as the case may be, may be examined on oath, and his evidence and
that of any witness whom he calls in his support, shall be subject to
cross-examination on behalf of the person he charges as the actual offender
and by the prosecutor:
Provided further that, if the person charged as the actual offender by the
occupier or manager, cannot be brought before the court at the time appointed
for hearing the charge, the court shall adjourn the hearing from time to time
for a period not exceeding three months and if by the end of the said period
the
person charged as the actual offender cannot still be brought before the
court, the court shall proceed to hear the charge against the occupier or
manager and shall, if the offence be proved, convict the occupier or manager.
102. Power of court to make orders. -
(1) Where the occupier or manager of a factory is convicted of an offence
punishable under this Act the court may, in addition to awarding any
punishment, by order in writing require him, within a period specified in the
order (which the court may, if it thinks fit and on application in such-
behalf, from time to time extend) to take such measures as may be so specified
for remedying the matters in respect of which the offence was committed.
(2) Where an order is made under sub-section (1), the occupier or manager of
the factory, as the case may be, shall not be liable under this Act in respect
of the continuation of the offence during the period or extended period, if
any, allowed by the court, but if, on the expiry of such period or extended
period, as the case may be, the order of the court has not been fully complied
with, the occupier or manager, as the case may be, shall be deemed to have
committed a further offence, and may be sentenced therefor by the court to
undergo imprisonment for a term which may extend to six months or to pay a
fine which may extend to one hundred rupees for every day after such expiry
on which the order has not been complied with, or both to undergo such
imprisonment and to pay such fine as aforesaid.
103. Presumption as to employment. -
If a person is found in a factory at any time, except during intervals for
meals or rest, when work is going on or the machinery is in motion, he shall
until the contrary is proved, be deemed for the purposes of this Act and the
rules made thereunder to have been at that time employed in the factory.
104. Onus as to age. -
(1) When any act or omission would, if a person was under a certain age, be
an offence punishable under this Act, and such
person is in the opinion of the Court prima facie under such age, the burden
shall be on the accused to prove that such person is not under such age.
(2) A declaration in writing by a certifying surgeon relating to a worker that
he has personally examined him and believes him to be under the age stated in
such declaration shall, for the purposes of this Act and the rules made
thereunder, be admissible as evidence of the age of that worker.
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.
105. Cognizance of offences. -
(1) No court shall take cognizance of any offence under this Act except on
complaint by, or which previous sanction in writing of, an Inspector.
(2) No court below that of a Presidency Magistrate or of a Magistrate of the
first class shall try any offence punishable under this Act.
106. Limitation of prosecution. -
No court shall take cognizance of any offence punishable under this Act unless
complaint thereof is made within three months of the date on which he alleged
commission of the offence, came
to the knowledge of an Inspector.
Provided that where the offence consists of disobeying
a written order
made by an Inspector, complaint thereof may be made within six months of the
date on which the offence is alleged to have been committed.
Explanation. - For the purposes of this section,-
(a) in the case of a continuing offence, the period of
limitation shall
be computed with reference to every point of time during which the offence
continues;
(b) where for the performance of any act time is
granted or extended on
an application made by the occupier or manager of a factory the period of
limitation shall be computed from the date on which the time so granted or
extended expired.
106A. Jurisdiction of a court for entertaining
proceedings, etc., for
offence. -
For the purposes of conferring jurisdiction on any court in relation to an
offence under this Act or the rules made thereunder in connection with the
operation of any plant, the place where the plant is for the time being
situate, shall be deemed to be the place where such offence has been
committed.
CHAPTER XI: Supplemental
107. Appeals. -
(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 State 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.
108. Display of notices. -
(1) In addition to the notices required to be displayed in any factory by or
under this Act, there shall be displayed in
every factory a notice continuing such abstracts of this Act, and of the rules
made thereunder as may be prescribed and also the name and address of the
Inspector and the certifying surgeon.
(2) All notices required by or under this Act to be displayed in a factory
shall be in English and in a language understood by the majority of the
workers in the factory, and shall be displayed at some conspicuous and
convenient place at or near the main entrance to the factory, and shall be
maintained in a clean and legible condition.
(3) The Chief Inspector may, by order in writing serve on the manager of any
factory, require that there shall be displayed in the factory any other notice
or poster relating to the health, safety or welfare of the workers in the
factory.
109. Service of notices. -
The State Government may make rules prescribing the manner of the service of
orders under this Act on owners, occupiers or managers of factories.
110. Returns. -
The State Government may make rules requiring owners, occupiers or managers
of factories to submit such returns, occasional or
periodical, as may in its opinion be required for the purpose of this Act,
111. Obligations of workers. -
(1) No worker in a factory -
(a) shall wilfully interfere with or misuse any
appliance, convenience
or other things provided in a factory for the purposes of securing the health,
safety or welfare of the worker therein;
(b) shall wilfully and without reasonable cause do
anything likely to
endanger himself or others; and
(c) shall wilfully neglect to make use of any
appliances or other things
provided in the factory for the purposes of securing the health or safety of
the workers therein.
(2) If any worker employed in a factory contravenes any of the provisions of
this section or of any rule or order made thereunder, he shall be punishable
with imprisonment for a term which may extend to three months, or with fine
which may extend to one hundred rupees, or with both.
111A. Right of workers, etc. -
Every worker shall have the right to -
(i) obtain from the occupier, information relating to
worker's health
and safety at work,
(ii) get trained within the factory wherever possible,
or, to get
himself sponsored by the occupier for getting trained at a training centre or
institute, duly approved by the Chief Inspector, where training is imparted
for workers' health and safety at work,
(iii) represent to the Inspector directly or through
his representative
in the matter of inadequate provision for protection of his health or safety
in the factory.
112. General power to make rules. -
The State Government may make rule providing for any matter which, under any
of the provisions of this Act, is to be or may be prescribed or which may be
considered expedient in order to
give effect to the provisions of this Act.
113. Powers of Centre to give directions. -
The Central Government may give directions to State Government as to the
carrying into execution of the provisions of this Act.
114. No charge for facilities and conveniences. -
Subject to the provisions of section 46 no fee or charge shall be realized
from any worker in respect of any arrangement or facilities to be provided,
or any equipment or appliances
to be supplied by the occupier under the provisions of this Act.
115. Publication of rules. -
(1) All rules made under this Act shall be published in the official Gazette
and shall be subject to the condition of
previous publication, and the date to be specified under clause (3) of section
23 of the General Clauses Act, 1897 (X of 1897), shall be not less than
forty-five days from the date on which the draft of the proposed rules was
published.
(2) Every rule made by the State Government under this Act shall be laid, as
soon as may be, after it is made, before the State Legislature.
116. Application of Act to Government factories. -
Unless otherwise provided this Act shall apply to factories belonging to
Central or any State Government.
117. Protection of the persons acting under this Act. -
No suit, prosecution or other legal proceeding shall lie against any person
for anything which is in good faith done or intended to be done under this
Act.
118. Restriction on disclosure of information. -
(1) No Inspector shall, while in service or after leaving the service disclose
otherwise than in connection with execution, or for the purposes, of this Act,
any information relating to any manufacturing of commercial business or any
working process, which may come to his knowledge in the course of his official
duties.
(2) Nothing in sub-section (1) shall apply to any disclosure of information
made with the previous consent in writing of the owner of such business or
process or for the purposes of any legal proceeding (including arbitration)
pursuant to this Act or of any criminal proceeding which may be taken, whether
pursuant to this Act or otherwise or, for the purposes of any report of
such proceedings as aforesaid.
(3) If any Inspector contravenes the provisions of sub-section (1) he shall
be punishable with imprisonment for a term, which may extend to six months or
with fine, which may extend to one thousand rupees, or with both.
118A. Restriction on disclosure of information. -
(1) Every Inspector shall treat as confidential the source of any complaint
brought to his notice on the breach of any provision of this Act.
(2) No Inspector shall, while making an inspection under this Act, disclose
to the occupier, manager or his representative that the inspection is made in
pursuance of the receipt of a complaint:
Provided that nothing in this sub-section shall apply to any case in which the
person who has made the complaint has consented to disclose his name.
119. Act to have effect notwithstanding anything
contained in Act 37 of
1970. -
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in the Contract Labour (Regulation and
Abolition) Act, 1970 or any other law for the time being in force.
120. Repeal and savings. -
The enactment set out in the Table appended to this section are hereby
repealed:
Provided that anything done under the said enactments, which could have been
done under this Act, if it had been in force, shall be deemed to have been
done under this Act.
THE FIRST SCHEDULE
[See section 2 (cb)]
List of Industries involving hazardous processes
1. Ferrous Metallurgical Industries
-Integrated Iron and Steel
-Ferrow-alloys
-Special Steels
2. Non-ferrous metallurgical Industries
-Primary Metallurgical Industries, namely, zinc, lead,
copper, manganese
and aluminium
3. Foundries (ferrous and non-ferrous)
-Castings and forgings including cleaning or
smoothening/roughening by
sand and shot blasting
4. Coal (including coke) industries
-Coal, Lignite, Coke, etc. Fuel Gases (including Coal
Gas, Producer Gas,
Water Gas)
5. Power Generating Industries
6. Pulp and paper (including paper products) industries
7. Fertiliser Industries
-Nitrogenous
-Phosphatic
-Mixed
8. Cement Industries
-Portland Cement (including slag cement, puzzolona
cement and their
products)
9. Petroleum Industries
-Oil Refining
-Lubricating Oils and Greases
10. Petro-chemical Industries
11. Drugs and Pharmaceutical Industries
-Narcotics, Drugs and Pharmaceuticals
12. Fermentation Industries (Distilleries and Breweries)
13. Rubber (Synthetic) Industries
14. Paints and Pigment Industries
15. Leather Tanning Industries
16. Electro-plating Industries
17. Chemical Industries
-Coke Oven by-products and Coaltar Distillation
products
-Industrial Gases (nitrogen, oxygen, acetylene, argon,
carbon, dioxide,
hydrogen, sulphur dioxide, nitrous oxide, halogenated hydrocarbon, ozone,
etc.)
-Industrial Carbon
-Alkalies and Acids
-Chromates and dichromates
-Leads and its compounds
-Electrochemicals (metallic sodium, potassium and
magnesium, chlorates,
perchlorates and peroxides)
-Electrothemal produces (artificial abrasive, calcium
carbide)
-Nitrogenous compounds (cyanides, cyanamides and other
nitrogenous
compounds)
-Phosphorous and its compounds
-Halogens and Halogenated compounds (Chlorine,
Fluorine, Bromine and
Iodine)
-Explosives (including industrial explosives and
detonators and fuses)
18. Insecticides, Fungicides, Herbieides and other Pesticides Industries
19. Synthetic Resin and plastics
20. Man made Fibre (Cellulosic and non-cellulosic) Industry
21. Manufacture and repair of electrical accumulators
22. Glass and Ceramics
23. Grinding or glazing of metals
24. Manufacture, handling and processing of asbestos and its products
25. Extraction of oils and facts from vcgetable and animal sources
26. Manufacture, handling and use of henzene and substances containing benzene
27. Manufacturing processes and operations involving carbon disulphide
28. Deys and Dyestuff including their intermediates
29. Highlv fiammable liauids and gases
THE SECOND SCHEDULE
See section 41E
Permissible levels of
certain chemical
substances in work
environment
Permissible limits of exposure
Substance Time
Weighted Short-term
average Concentration exposure limit
(8 hrs) (15 min)
ppm mg/m3 ppm
mg/m3
Acetaldehyde
100
180
150 270
Acetic
Acid
10
25
15 37
Acetone
750
1780
1000 2375
Acrelein
0.1
0.25
0.3 0.8
Acrylonitrile-skin
0.2
4.5
-- --
Aldrin-skin
--
0.25
-- 0.75
Allyl Chloride
1
3
2 6
Ammonia
0.25
18
35 27
Aniline-skin
2
10
5 20
Anisidine (o-P, isomers)-skin
0.1
0.5
-- --
Arsenic & compounds (as As)
--
0.2
-- --
Benzene
10
20
25 75
Beryllium
-- 0.002
-- --
Bornon Trifluoride
0.1
0.3
-- --
Bromine
0.1
0.7
0.3 2
Butane
800
1900
-- --
2-Butanon (Methylethyle Ketone MEK)
200
590
300 885
n-Butyl acetate
150
710
200 950
n-Butyl alcohol-skin
C50
C150
-- --
sec/tert. Butyl acetate 200
950
250 1190
Butyl Mercaptan
0.5
1.5
-- --
Cadmium-dust and salts (as Cd)
--
005
-- 0.2
Calcium oxide
--
2
-- --
Carbaryl (sevin)
--
5
-- 10
Carbofuran (Furadan)
--
0.1
-- --
Carbon disulphide-skin 10
30
-- --
Carbon monoxide
50
40
400 440
Carbonate trachloride-skin
m5
30
20 125
Carbonyl Chloride (Phosgene)
0.1
0.4
-- --
Chlorobenzene (monochloro-benzene)
75
350
-- --
Chloridane-skin
--
0.5
-- 2
Chlorine
1
3
3 9
Chloroform
10
50
50 225
bis-Chloromethyl ether 0.0010.005
-- --
Chromic acid and chromates (as Cr)
--
0.05
-- --
Chromous Salts (as Cr)--
0 05
-- --
Copper
fume
--
0.2
-- --
Cotton dust, raw
--
0.2
-- 0.6
Cresol, all isomers-skin 5
22
-- --
Cyanides (as CN)-skin
--
5
-- --
Cyanogen
10
20
-- --
DDT (Dichlorodiphenyltrichloroethane)
--
1
-- 3
Demeton-skin
0.01
0.1
0.03 0.3
Diazinon-skin
--
0.1
-- 0.3
Dibutyl Pythalate
--
5
-- 10
Dichiorvos (DDVP)-skin 0.1
1
0.3 3
Dieldrin-skin
--
0.25
-- 0.75
Dinitrobenzene (all isomers-skin)
0.15
1
0.5 3
Dinitrotoluene-skin
--
1.5
-- 5
Diophenyl
0.2
1.5
0.6 4
Endosulfan (Thiadon)-skin--
0.1
-- 0.4
Endrin-skin
--
0.1
-- 0.3
Ethyl acetate
400
1400
-- --
Etnyl alcohol
1000
1900
-- --
Ethylamin
10
18
-- --
Florides (as F)
--
2.5
-- --
Fluorine
1
2
2 4
Formic
Acid
5
9
-- --
Hydrazine-skin
0.1
0.1
-- --
Hydrogen Chloride
C5
C7
-- --
Hydrogen Cyanide-skin C10
C10
-- --
Hydrogen Fluoride (as F) 3
2.5
6 5
Hydrogen Peroxide
1
1.5
2 3
Hydrogen Sulphide
10
14
15 21
Gasoline
300
900
500 1500
Iodine
Co.1
C1
-- --
Irod Oxide Fume (Fe2O3)(as Fe)
-
5
-- 10
Isoamyl acetate
100
525
125 655
Isoamyl alcohol
100
300
125 450
Isobutyl alcohol
5O
150
75 225
Lead, inorg, fumes and dusts (as Pb)
--
0.15
-- 0.45
Lindane-skin
--
0.5
-- 1.5
Malathion-skin
--
10
-- --
Manganese (as Mn) dust and compounds
--
C05
-- --
Fume
--
1
-- 3
Mercury (as Hg)-skin Alkyl compounds
--
0.01
-- 0.03
All forms except alkyl vapour
--
0.05
-- --
Aryl and inorganic compounds
--
0.1
-- --
Methyl alcohol (methanol)-skin
200
260
250 310
Methyl cellosolve-skin (2 methoxy ethanol)
5
16
-- --
Methyl Isobutyl Ketone-skin
50
205
75 300
Methyl Isocyanate
0.02
0.05
-- --
Naphthalene
10
50
15 75
Nickel carbonyl (as Ni) 0.05
0.35
-- --
Nitric
acid
2
5
4 10
Nitric
oxide
25
30
35 45
Nitrobenzene-skin
1
5
2 10
Nitrogen dioxide
3
6
5 10
Oil mist, minerals
--
5
-- 10
Oxone
0.1
0.2
0.3 0.6
Parathion-skin
--
0.1
-- 0.3
Phenol-skin
5
19
10 38
Phorate (Thimet)-skin
--
0.05
-- 0.2
Phosgne (Carbonyl Chloride
0.1
0.4
-- --
Phosphine
0.3
0.4
1 1
Phosphorus (yellow)
--
0.1
-- 0.3
Phosphorus pentachloride 0.1
1
-- --
Phosphorus trichloride 0.2
1.5
0.5 3
Picric acid-skin
--
0.1
-- 0.3
Pyridine
5
15
10 30
Silane (silicon tetrahydride)
5
7
-- --
Sodium hydroxide
--
C2
-- --
Syrene, monomer (phenylethylene)
50
215
100 425
Sulphur dioxide
2
5
5 10
Sulphur hexafluoride 1000
6000
1250 7500
Sulphuric acid
--
1
-- --
Toluene (Tuluol)
100
375
150 560
o-Tuluiodine-skin
2
9
-- --
Tributyl phosphate
0.2
2.5
0.4 5
Trichloroethylene
50
270
200 1080
Uranium, natural (as U) --
0.2
-- --
Vinyl chloride
5
10
-- --
Welding fumes
--
5
-- --
Xylene (o-, m, P-isomers)100
435
150 655
Zironium compounds (as Zr)--
5
-- 10
C denotes ceiling limit.
* Not more than 4 times a day with a least 60 min. interval between successlve
exposures.
Substance
Permissible time-weighted average
concentration
(8 hours)
(i) Silica
(a) Crystaline
(b) Quartz
(1) In terms of dust
count
10600
~~~~~~~~~~~~~~~~ mppcm
% Quartz - 10
(2) In terms of
respirable dust
10600
~~~~~~~~~~~~~~~~mg/m3
% respirable
(3) In terms of total
dust
10
~~~~~~~~~~~~~~~~mg/m3
% quartz - 3
(ii) Cristabalite Half the limits given against quartz.
(iii) Tridymine Half the limits given against quartz.
(iv) Silica fused Same limit as for quartz.
(v) (a) Tripoli Same limit as in formula in item 2
given against quartz.
(b) Amorphous 705 mppcm.
THE THIRD SCHEDULE
(See sections 89 and 90)
List of notifiable diseases
1. Lead poisoning including poisoning by any preparation or compound of lead
or their sequelae.
2. Lead tetra-ethyl poisoning.
3. Phosphorus poisoning or its sequelae.
4. Mercury poisoning or its sequelae.
5. Manganese poisoning or its sequelae.
6. Arsenic poisoning or its sequelae.
7. Poisoning by nitrous fumes.
8. Carbon bisulphide poisoning.
9. Benzene poisoning, including poisoning by any of its homologues, their
nitro or amino derivatives or its sequelae.
10. Chrome ulceration or its sequelae.
11. Anthrax.
12. Silico$is.
13. Poisoning by halogens or halogens derivatives of the hydrocarbons, of the
alipathic series.
14. Pathological manifestation due to -
(a) redium or other radioactive substances.
(b) X-rays.
15. Primary epitheliomatous cancer of the skin.
16. Toxic anaemia.
17. Toxic jaudice due to poisonous substances.
18. Oil acne or dermatitis due to mineral oils and compounds containing
mineral oil base.
19. Byssionosis.
20. Asbestosis.
21. Occupational or contract dermatitis caused by direct contract with
chemical and paints. These are of types, that is, primary irritants and
alergic sensitizers.
22. Noise induced hearing loss (exposure to high noise levels).
23. Berryllium poisoning.
24. Carbon monoxide.
25. Coal miners' pnuomoconiosis.
26. Phosgene poisoning.
27. Occupational cancer.
28. Isocynates poisoning.
29. Toxic nephritis.
The International Labour Organization is a United Nations specialized agency.