THE FACTORIES ACT, 1948
ACT NO. 63 OF 1948 1*
[23rd September, 1948.]
An Act to consolidate and amend the law regulating labour in
factories.
WHEREAS it is expedient to consolidate and amend the law
regulating labour in factories;
It is hereby enacted as follows:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement. (1) This Act may be
called the Factories Act, 1948.
2*[(2) It extends to the whole of India 3***.]
(3) It shall come into force on the 1st day of April, 1949.
2.
Interpretation.
2. Interpretation. In this Act, unless there is anything
repugnant in the subject or context,-
(a) "adult" means a person who has completed his fifteenth
year of age;
(b) "adolescent" means a person who has completed his
fifteen year of age but has not completed his
eighteenth year;
4*[(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;
5*[(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;
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1. The Act has been extended to-
Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I.
Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I.
Goa, Daman and Diu by Reg, 11 of 1963, s. 3 and Sch.
Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965,
s. 3 and Sch. I.
2. Subs. by the A. O. 1950 for the former sub-section.
3. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
4. Ins. by Act 25 of 1954, s. 2.
5. Ins. by Act 20 of 1987, s. 2 (w.e.f. 1.12.1987).
34
(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 shaft, 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
adapting any article or substance with a view to
its use sale, transport, delivery or disposal, or
1*[(ii) pumping oil, water, sewage or any
other substance; or]
(iii) generating, transforming or
transmitting power; or
2*[(iv) composing types for printing,
printing by letter press, lithography,
photogravure or other similar process or book
binding;] 3*[or]
(v) constructing, reconstructing, repairing,
refitting, finishing or breaking up ships or
vessels; 3*[or]
----------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) of clause (k)
(w.e.f. 26-10-1976).
2. Subs. by Act 25 of 1954, s. 2, for former sub-clause.
3. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).
35
1*[(vi) preserving or storing any article in
cold storage;]
(l) "worker" means a person 2*[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 1*[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
3*[the Mines Act, 1952 (35 of 1952),] or 4*[a mobile
unit belonging to the armed forces of the Union, a
railway running shed or a hotel, restaurant or eating
place].
5*[Explanation. 6*[I]--For computing the number of
workers for the purposes of this clause all the workers
in 6*[different groups and relays] in a day shall be
taken into account;]
6*[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 f
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 6***.
----------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).
2. Subs. by s. 2, ibid., for certain words (w.e.f. 26-10-1976).
3. Subs. by Act 25 of 1954, s. 2, for "the Indian Mines Act, 1923 (4
of 1923)".
4. Subs. by Act 94 of 1976, s. 2, for the words "a railway running
shed: (w.e.f. 26-10-1976).
5. Ins. by s, 2, ibid. (w.e.f. 26-10-1976).
6. Numbered, subs, ins. and omitted by Act, 20 of 1987, s. 2 (w.e.f.
1-12-1987).
36
1*[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:];
1*[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, 1*[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;
(c) 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;]
1* * * * *
----------------------------------------------------------------------
1 Ins. subs, and omitted by Act 20 of 1987, s. 2 (w.e.f. 1-12-87).
37
(p) "prescribed" means prescribed by rules made by the
State Government under this Act;
1* * * * *
(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 2*["group" or
"relay"] and each of such periods is called a "shift".
3.
References to time of day.
3. References 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 of
the factories situated in the area.
4.
Power to declare different departments to be separate factories or twoor more
factories to be a single factory.
3*[4. Power to declare different departments to be separate
factories or two or more factories to be a single factory. The State
Government may, 4*[on its own or] on an application made in this
behalf by an occupier, direct, by an order in writing; 4*[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:]
4*[Provided that no order under this section shall be made by the
State Government on its own motion unless on opportunity of being
heard is given to the occupier.]
5.
Power to exempt during public emergency.
5. Power to exempt during public emergency. In any case of 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, 5*[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.
----------------------------------------------------------------------
1. Clause (q) rep. by the A. O. 1950.
2. Subs, by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987).
3. Subs. by Act 25 of 1954, s. 3.
4. Ins. in added by Act 20 of 1987 s. 3 (w.e.f. 1-12-1987).
5. Ins. by the A. O. 1950.
38
1*[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 of internal disturbance.]
6.
Approval, licensing and registration of factories.
6. Approval, licensing and registration of factories. (1) The
State Government may make rules-
2*[(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;]
3*[(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 application
for such permission the submission of plans and
specifications;
(c) prescribing the nature of such plans and specifications
and by whom they shall be certified;
(d) requiring the registration and licensing of factories
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 4*[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
----------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976).
2. Ins. by s. 4, ibid. (w.e.f. 26-10-1976).
3. Clause (a) re-lettered as clause (aa) by s. 4, ibid. (w.e.f. 26-
10-1976).
4. Subs. by s. 4, ibid., "clause (a)" (w.e.f. 26-10-1976).
39
or to the registration and licensing of a factory, the applicant may
within thirty days of the date of such refusal appeal to the Central
Government if the decision appealed from 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 limits as may be prescribed, of the
addition of any plant or machinery 1*[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 environmental
conditions from the evolution or emission of steam, heat or dust or
fumes injurious to health].
7.
Notice by occupier.
7. Notice by occupier. (1) The occupier shall, at least fifteen
days before he begins to occupy or use any premises as a factory, sent
to the Chief Inspector a written notice containing-
(a) the name and situation of the factory;
(b) the name and address of the occupier;
2*[(bb) the name and address of the owner of the premises or
building (including the precincts thereof) referred to
in section 93;]
(c) the address to which communications 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 of factories 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;
3*[(e) the total rated horse power installed or to be
installed in the factory, which shall not include the
rated horse power of any separate stand-by plant;]
(f) the name of the manage of the factory of the purposes
of this Act;
----------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976).
2. Ins. by Act 25 of 1954, s. 4
3. Subs. by Act 94 of 1976, s. 5, for clause (e) (w.e.f. 26-10-
1976).
40
(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 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
subsection (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 on for less than one hundred and eighty working
days in the year resumes working, the occupier shall send a written
notice to the Chief Inspector containing the particulars specified in
sub-section (1) 1*[at least thirty days] before the date of the
commencement of work.
(4) Whenever a new manager is appointed, the occupier shall send
to the 2*[Inspector a written notice and to the Chief Inspector a Copy
thereof] within seven days from the date on which such person takes
over charges.
(5) During any 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 manage, 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.
CHAP
THE INSPECTING STAFF
CHAPTER II
THE INSPECTING STAFF
7A.
General duties of the occupier.
3*[7A. General duties of the occupier. (1) Every occupier shall
ensure, so far as is reasonably practicable, the health, safety and
welfare 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 arrangements 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 supervision 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 without risks to health and
the provision and maintenance of such means of access
to, and egress from, such places 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 that policy, 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 manufactures, etc., as regards articles
andsubstances for use in factories.
4*[7B. General duties of manufactures, etc., as regards articles
and substances for 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 without risks to the health of the workers when
properly used;
(b) carry out or arrange for the 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, is shall be obligatory on the
part of the importer to see-
(a) that the article conforms to the same standards if such
article is manufactured 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 of 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-section (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 in so far as it is reasonable for him to rely on the results
thereof for the purposes of the said sub-sections.
(4) Any duty imposed on any person by sub-section (1) and (20
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
article 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
reasonable having regard to the term of the undertaking.
(6) For the purposes of this section, and 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 has been made
available by the person who has designed, manufactured, imported or
supplied the article.
Explanation.--For the purposes of this section, "article" shall
include plant and machinery.
8.
Inspectors.
8. Inspectors. (1) The State Government may, by notification in
the Official Gazette, appoint such persons as possess 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.
----------------------------------------------------------------------
1. Subs. by Act 40 of 1949, s. 3 and Sch. II for "within thirty
days".
2. Subs. by Act 25 of 1954, s. 4, for "Chief Inspector a written
notice".
3. Ins. by Art 20 of 1987, s. 4 (w.e.f. 1-12-1987).
4. Ins. by s. 4 ibid, (w.e.f. 1-06-1988).
41
(2) The State Government may, by notification in the Official
Gazette, appoint any person to be a Chief Inspector who shall, in
addition to the powers conferred on a Chief Inspector under this Act,
exercise the powers of an Inspector throughout the State.
1*[(2A) The State Government may, by notification in the Official
Gazette, appoint as many Addition Chief Inspector, Joint Chief
Inspector and Deputy Chief Inspector and as many other officers 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 appointed under
subsection (2A) shall, in addition to the powers of a Chief Inspector
specified in the notification by which he is appointed, exercise the
powers of an Inspector throughout the State.]
(3) No person shall be appointed under sub-section (1), sub-
section (2) 1*[sub-section (2A)] or sub-section (5) or, having been so
appointed, shall continue to hold officer, 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) 2*[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
----------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976).
2. Subs. by s. 6, ibid. (w.e.f. 26-10-1976).
42
servant within the meaning of the Indian Penal Code, (45 of 1860) and
shall be officially subordinate to such authority as the State
Government may specify in this behalf.
9.
Powers of Inspectors.
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, 1*[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;
1*[(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
disturbed (whether generally or in particular 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 or 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 the
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.]
Provided that no person shall be compelled under this section to
answer any question or give any evidence tending to incriminate
himself.
10.
Certifying surgeons.
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, authorize 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 authorized.
(3) No person shall be appointed to be, or authorized to exercise
the powers of, a certifying surgeon, or having been so appointed or
authorized, 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
----------------------------------------------------------------------
1. Ins. and subs. by Act 20 of 1987, s. 5 (w.e.f. 1-12-87).
42A
any patent or machinery connected therewith or is otherwise in the
employ of the factory:
1*[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 person 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 supervision 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 (7
of 1916), or in the Schedules to the Indian Medical Council Act, 1933
(27 of 1933).
----------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s. 7 (w.e.f. 26-10-1976).
42B
CHAP
HEALTH
CHAPTER III
HEALTH
11.
Cleanliness.
11. Cleanliness. (1) Every factory shall be kept clean and free
from effluvia 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 floor 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 and 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 1*[painted otherwise than
with washable water-paint] or varnished, be
repainted or revarnished at least once in every
period of five years;
2*[(ia) where they are painted with washable
water paint, be repainted with at least one coat
of such paint at least once in every period of
three 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 once in every period of fourteen
months by such method as may be prescribed;
(iii) in any other case, be kept whitewashed
or colourwashed, and the whitewashing or
colourwashing shall be carried out at least once
in every period of fourteen months;
2*[(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;]
----------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s. 8, for the word "painted" (w.e.f. 26-
10-1976).
2. Ins. by s. 8, ibid., (w.e.f. 26-10-1976).
42C
(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 1*[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 be order exempt such factory or
class or description of factories 2* [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.
12. Disposal of wastes and effluents. 3*[(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 91) shall be approved
by such authority as may be prescribed.
13.
Ventilation and temperature.
13. Ventilation and temperature. (1) Effective and suitable
provision 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 factory
involves, or is likely to involve, the production of
excessively high temperatures, such adequate measures
as are practicable shall be taken to protect the
workers
----------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s. 8, for "in a factory" (w.e.f. 26-10-
1976).
2. Ins. by s. 8, ibid., (w.e.f. 26-10-1976).
3. Subs. by s. 9, ibid., for sub-section (1) (w.e.f. 26-10-1976).
42D
therefrom, by separating the process which produces
such temperatures 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 1*[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.]
1*[(3) If it appears to the Chief Inspector that excessively high
temperatures 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.
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
----------------------------------------------------------------------
1. Subs. by Act 20 of 1987, s. 6, (w.e.f. 1-12-1987).
43
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 unless
effective measures have been taken to prevent such accumulation of
fumes therefrom as are likely to be injurious to workers employed in
the room.
15.
Artificial humidification.
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) regulating the methods used for artificially increasing
the humidity of the air;
(c) directing prescribed tests for determining the humidity
of 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 be
effectively purified before it is so used.
(3) If it appears to an Inspector that the water used in a
factory for increasing humidity 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.
16. Overcrowding. (1) 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 factory in existence on the date of the
commencement of this Act at least 1*[9.9 cubic metres]
----------------------------------------------------------------------
1. Subs. by Act 20 of 1987, s. 7 (w.e.f. 1-12-1987).
44
and of a factory built after the commencement of this Act at
least 1*[14.2 cubic meters] of space for every worker employed
therein, and for the purposes of this sub-section no account shall be
taken of any space which is more than 1*[4.2 meters] above the level
of the floor 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 think fit to impose, any
workroom from the provisions of this section, if he is satisfied that
compliance therewith in respect of the rooms is unnecessary in the
interest of the health of the workers employed therein.
17.
Lighting.
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 workrooms shall be kept clean on both the inner an
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 of description of
factories or for any manufacturing process.
18.
Drinking water.
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 majority of the workers employed in the
----------------------------------------------------------------------
1. Subs. by Act 20 of 1987, s. 7 (w.e.f. 1-12-1987).
45
factory, and no such point shall be situated within 1*[six meters 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, provision 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.
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 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 latrines, urinals and washing places.
(2) In every factory wherein more than two hundred 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 2*
[ninety continents] of the latrines and urinals and the
sanitary blocks shall be laid in glazed tiles or
otherwise finished to provided a smooth polished
impervious surface;
----------------------------------------------------------------------
1. Subs. by Act 20 of 1987, s. 8 (w.e.f. 1-12-1987).
2. Subs. by s. 9 ibid. (w.e.f. 1-12-1987).
46
(c) without prejudice to the provisions of clauses (d) and
(e) of sub-section (1), the floors, 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 numbers 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.
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
the number 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 purposes 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.
CHAP
SAFETY
CHAPTER IV
SAFETY
21.
Fencing of machinery.
21. Fencing of machinery. (1) In every factory the following,
namely,--
(i) every moving part of a prime mover and every flywheel
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
47
(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 substantial construction
which 1*[shall be constantly maintained and kept in position] while
the parts of machinery they are fencing are in motion or in use:
2*[Provided that for the purpose of determining whether any part
of machinery is 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 or 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 or such
examination, to carry out any mounting or shipping of
belts or lubrication or other adjusting operation while
the 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 be rules prescribe such further
precautions as it may consider necessary in respect of any particular
----------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s. 10 for certain words (w.e.f. 26-10-
1976).
2. Subs. by s. 10 ibid., for the proviso (w.e.f. 26-10-1976).
48
machinery or part thereof, or exempt, subject to such condition as may
be prescribed, for securing the safety of the workers, any particular
machinery or part thereof from the provisions of this section.
22.
Work on or near machinery in motion.
22. Work on or near machinery in motion. (1) 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
centimeters in width;
(ii) the pulley is normally for the purpose
of drive and not merely a fly-wheel or balance
wheel (in which case a belt is not permissible);
(iii) the belt joint is either laced or flush
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
----------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s. 11, for the opening paragraph and
clause (a) (w.e.f. 26-10-1976).
49
(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
pinion, 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.
1*[(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 the 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 Official
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 parts are in motion.
23.
Employment of young persons on dangerous machines.
23. Employment of young persons on dangerous machines. (1) No
young person [shall be required or allowed to work] 2* 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
through 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 person ought not
to work at them unless the foregoing requirements are complied with.
----------------------------------------------------------------------
1. Subs. by Act 25 of 1954. s. 6.
2. Subs. by Act 20 of 1987, s. 10 (w.e.f. 1-12-1987).
50
24.
Striking gear and devices for cutting off power.
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
which form part of the transmission machinery, and such
gear or appliances shall be so constructed, placed and
maintained as to prevent the belt from creeping back on
to the fast pulley;
(b) driving belts when not 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 machinery shall be provided and maintained in
every work-room:
Provided that in respect of factories in operation before the
commencement of this Act, the provisions of this sub-section shall
apply only to work-rooms in which electricity is used as power.
1*[(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 is fitted.]
25.
Self-acting machines.
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 outward or inward traverse within a distance of
2*[forty-five centimeters] 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.
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;
----------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s. 12 (w.e.f. 26-10-1976).
2. Subs. by Act 20 of 1987, s. 11 (w.e.f. 1-12-1987).
50A
(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, as 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 1*[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.
2*[(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.
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.
Hoists and lifts.
28. Hoists 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
---------------------------------------------------------------------
1. Subs. by Act 25 of 1954, s. 7, for "sub-section (1)".
2. Subs. by s. 7, ibid.
50B
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 interlocking or other efficient
device to secure
51
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, it is of opinion that it would be
unreasonable to enforce any requirement of sub-sections (1) and (2),
by order direct that such requirement shall not apply to such class or
description of hoist or lift.
1*[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.
2*[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
---------------------------------------------------------------------
1. Ins. by Act 20 of 1987, s. 12 (w.e.f. 1.12.1987)
2. Subs. by Act 25 of 1954, s. 8.
52
(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
thereon together with an identification mark and duly
entered in the prescribed register; and where this is
not practicable, a table showing the safe working loads
of every kind and size of lifting machine or chain,
rope or lifting tackle in use shall be displayed in
prominent positions 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 1*[six months] 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 complied 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, which teagle
pulley block, gin wheel, transporter or runway;
1*[(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 of lifting machines."]
30.
Revolving machinery.
30. Revolving machinery. (1) 2*[In every factory] in which the
process of grinding is carried on there shall be permanently affixed
to or placed near each
---------------------------------------------------------------------
1. Ins. by At 20 of 1987, s 13 (w.e.f. 1.12.1987).
2. Subs. by s. 14, ibid (w.e.f. 1.12.1987).
53
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 measures 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.
31 Presssure plant. 1*[(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.
2*[(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.
32. Floors, stairs and means of access. In every factory--
(a) all floors, steps, stairs, passages and gangways shall
be of sound construction and properly maintained 3*[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;
---------------------------------------------------------------------
1. Subs. by Act 20 of 1987, s. 15 (w.e.f. 1.12.1987).
2. Ins. by Act 94 of 1976, s. 13 (w.e.f. 26-10-1976).
3. Ins. by s. 14, ibid. (w.e.f. 26-10-1976).
54
1*[(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.
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.
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 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 any specified process.
35.
Protection of eyes.
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.
2*[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."]
---------------------------------------------------------------------
1. Subs. by Act 20 of 1987, s. 16 (w.e.f. 1.12.1987).
2. Subs. by s. 17, ibid. (w.e.f. 1.12.1987).
55
36A.
Precautions regarding the use of portable electric light.
1*[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; 2*[ unless
adequate safety devices are provided] and
---------------------------------------------------------------------
1. Ins. by Act 94 of 1976 s. 16, (w.e.f. 26-10-1976).
2. Ins. by Act 20 of 1987, s. 18 (w.e.f. 1.12.1987).
56
(b) if any inflammable gas, fume or dust is likely to be
present in such chamber, tank, vat, pit, 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.
37. Explosive or inflammable dust, gas, etc. (1) 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 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 of pipe to
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:
57
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.
Prescautions in case of fire.
1*[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 followed
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 it specified in the order.]
---------------------------------------------------------------------
1. Subs. by Act 20 of 1987, s. 19 (w.e.f. 1-12-1987).
59
39.
Power to require specifications of defective parts or tests ofstability.
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 1*[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 building, 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.
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 1*[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 1*[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.
2*[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.
40B. Safety Officers. (1) In every factory,--
(i) wherein one thousand or more workers are ordinarily
employed, or
---------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s. 18, for "the manager" (w.e.f. 26-10-
1976).
2. Ins. by s. 19, ibid. (w.e.f. 26-10-1976).
60
(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 persons employed in the factory,
the occupier shall, if so required by the State Government by
notification in the 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
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 1*[devices and
measures] for securing the safety of persons employed therein as it
may deem necessary.
CHAP
PROVISIONS RELATING TO HAZARDOUS PROCESSES
2*[CHAPTER IV A
PROVISIONS RELATING TO HAZARDOUS PROCESSES
41A.
Constitution of Site Appraisal Committees.
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 applications 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 or 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,
1974 (6 of 1974) and the Air (Prevention and Control of Pollution) A
Act 1981 (14 of 1981).
41B.
Compulsory disclosure of information by the occupier.
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 information 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 proposes 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 licence issued under section 6 to such factory
shall, notwithstanding any penalty to which the occupier or 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 publicise them in
the manner prescribed among the workers and the general public living
in the vicinity.
41C.
Specifice responsibility of the occupier in relation to hazardoueprocesses.
41C. Specifice responsibility of the occupier in relation to
hazardoue 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--
(a) before such worker is assigned to a job involving
the handling of, or working with, a hazardous
substance, and
(b) 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.
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 any 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 member 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.
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 shall,
until they are incorporated in the rules made under this 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 sub-stances.
3*[41F. Permissible limits of exposure of chemical and toxic sub-
stances. (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.
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 cooperation 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.
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 incharge 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) It shall be the duty of such occupier, agent, manager or the
person incharge 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 forthwith of the action taken to the nearest
Inspector.
(3) If the occupier, agent, manager or the person incharge
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 forthwith to the nearest Inspector
whose decision on the question of the existence of such imminent
danger shall be final."]
CHAP
WELFARE
CHAPTER V
WELFARE
42.
Washing facilities.
42. Washing facilities. (1) In every factory--
(a) adequate and suitable facilities for washing shall be
provided and maintained for the 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.
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
places for keeping clothing not worn during working hours and for the
drying of wet clothing.
---------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s. 20, for the word "devices" (w.e.f.
26-10-1976).
2. Ins. by Act 20 of 1987, s. 20 (w.e.f. 1-12-1987).
3. Ins by s. 20, (w.e.f. 1-6-1988).
60A
44.
Facilities for sitting.
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.
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 1*[at any one time] in
the factory.
2*[(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 3*[who holds a certificate in first-aid
treatment recognised by the State Government] and who shall always be
readily available during the working hours of the factory.]
4*[(4)] In every factory wherein more than five hundred workers
are 5*[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 6*[and those facilities shall always be made readily
available during the working hours of the factory].
---------------------------------------------------------------------
1. Ins. by Act 25 of 1954, s. 9.
2. Subs. by s. 9, ibid., for original sub-section (2).
3. Subs. by Act 94 of 1976, s. 21, for certain words (w.e.f. 26-10-
1976).
4. Sub-section (3) renumbered as sub-section (4) by Act 25 of 1954,
s. 9.
5. Subs. by Act 94 of 1976, s. 21, for "employed" (w.e.f. 26-10-
1976).
6. Ins. by s. 21, ibid. (w.e.f. 26-10-1976).
60B
46.
Canteens.
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 to the generality of the foregoing power,
such rules may provide for--
(a) the date by which such canteen shall be provided;
(b) the standards 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;
1*[(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 the 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.
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 rooms or lunch rooms to be provided
under sub-section (1) shall be sufficiently lighted and ventilated and
shall be maintained in a cool and clean condition.
---------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s. 22 (w.e.f. 26-10-1976).
60C
(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.
48. Creches. (1) In every factory wherein more than 1*[thirty
women workers] are ordinarily employed there shall be provided and
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1. Subs. by Act 94 of 1976, s. 23, for "fifty women workers" (w.e.f.
26-10-1976).
61
maintaained 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 this
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.
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.
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 factory shall be associated with the management
of the welfare arrangements of the workers.
62
CHAP
WORKING HOURS OF ADULTS
CHAPTER VI
WORKING HOURS OF ADULTS
51.
Weekly hours.
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.
52. Weekly holidays. (1) No adult worker shall be required or
allowed to work in a factory on the first day of the week (hereinafter
referred to as the said day), unless--
(a) he has or will have a holiday for a whole day on one of
the 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 cancelled 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 cancelled, 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.
53. Compensatory holidays. (1) Where, as a result of the passing
of an order or 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 of the holidays so lost.
63
(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.
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:
1*[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.
55. Intervals for rest. 2*[(1)]3*[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.
4*[(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 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.
56. Spreadover. The periods 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 5*[spreadover up to twelve hours].
57.
Night shifts.
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
----------------------------------------------------------------------
1. Added by Act 25 of 1954, s. 10.
2. S. 55 renumbered as sub-section (1) of that section by s. 11,
ibid.
3. Subs. by Act 40 of 1949, s. 3 and Sch. II, for "The period".
4. Added by Act 25 of 1954, s. 11.
5. Subs. by Act 94 of 1976, s. 24, for the words "spreadover to
twelve hours" (w.e.f. 26-10-1976).
64
ends, and the hours he has worked after midnight
shall be counted in the previous day.
58.
Prohibition of overlapping shifts.
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.
1*[(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.
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*[(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 accruing 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 month 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 calendar month on the same or identical job, the
time rate shall be deemed to be equivalent to the daily average of the
earning 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
---------------------------------------------------------------------
1. Subs. by Act 25 of 1954, s. 12.
2. Subs. by Act 94 of 1976, s. 25, for sub-sections (2) and (3)
(w.e.f. 26-10-1976).
65
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.]
1*[(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 1.--"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
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.
(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.
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.
61. Notice of periods of work for adults. (1) There shall be
displayed and correctly maintained in every factory in accordance with
the provisions of 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
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1. Subs. by Act 25 of 1954, s. 13.
66
periods would not be working in contravention of any of the provisions
of sections, 51,52,54, 1*[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 w