FACTORIES ACT, 1948
Preamble 1 - THE F
ACTORIES ACT, 1948
THE FACTORIES ACT, 1948
[Act No. 63 of 1948][1]
[23rd September, 1948]
PREAMBLE
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:--
Section 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.
Section 2 - Interpretation
In this Act,
unless there is anything repugnant in the subject or context,-
(a) "adult" means a
person who has completed his eighteenth year of age;
(b) "adolescent" means
a person who has completed his fifteenth year of age but has not
completed his eighteenth year;
[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 inspection 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 or the
general environment:
Provided that the
State Government may, by notification in the Official Gazette, amend the First
Schedule by way of addition, omission or variation of any industry specified in
the said Schedule;
(d) ''young person" means a
person who is either a child or an adolescent;
(e) "day" means a period
of twenty-four hours beginning at midnight:
(f) "week" means a period
of seven days beginning at midnight on Saturday night or such other night as
may be approved in writing for a particular area by the Chief Inspector
of Factories;
(g) "power" means
electrical energy or any other form of energy which is mechanically
transmitted and is not generated by human or animal agency;
(h) "prime mover" means
any engine, motor or other appliance which generates or otherwise provides
power;
(i) "transmission
machinery" means any 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
[6][(ii) pumping oil,
water, sewage or any other substance; or]
(iii) generating, transforming or transmitting
power; or
[7][(iv)
composing types for printing, printing by letter press, lithography,
photogravure or other similar process or book binding;] [8][or]
(v) constructing, reconstructing,
repairing, refitting, finishing or breaking up ships or vessels; [9][or]
[10][(vi) preserving or
storing any article in cold storage;]
(l) "worker" means a
person 6[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 5[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 [11][the
Mines Act, 1952 (35 of 1952)], or [12][a mobile unit belonging to
the armed forces of the Union, railway running shed or a hotel), restaurant or
eating place].
[13][Explanation [14][I]--For computing the number
of workers for the purposes of this clause all the workers in [15][different groups and
relays] in a day shall be taken into account;]
[16][Explanation II.--For the
purposes of this clause, the mere fact that an Electronic Data
Processing Unit or a Computer Unit is installed in any premises or
part thereof, shall not be construed to make it a factory if no manufacturing
process is being carried on in such premises or part thereof;]
[STATE
AMENDMENTS
[17][Maharashtra.-
In section 2, in
clause (m),--
(a) after the words
"restaurant or eating place", add the words "or a poly house or
green house engaged in the activity of floriculture or pomology or High Value
Crops".
(b) after Explanation II, add the
following Explanation, namely:--
"Explanation III.-For the
purposes of this clause, the term "High Value Crops" shall mean and
include,-
(i) Plantation of fruits, flowers
and vegetables in green house or shed-net house;
(ii) Plantation of exotic fruits,
flowers and vegetables;
(iii) Plantation of crops by use of
bio-technology;
(iv) Plantation of medicinal and
aromatic plants and processing industry;
(v) Production of mushroom and
processing industry;
(vi) Production of fruits by
micro-drip irrigation by use of plastic and mulching;
(vii) Nurseries and processing
industry where vegetables are produced in a green house;
(viii) Nursery of ornamental plants.]
(c) "occupier" of a
factory means the person who has ultimate control over the affairs of the
factory [18][***].
[19][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 Stale Government or the local authority, as the
case may be, shall be deemed to be the occupier:]
[20][[21][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, [22][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;
[23][***]
(p) "prescribed" means
prescribed by rules made by the State Government under this Act;
[24][***]
(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 [25]["group" or
"relay"] and each of such periods is called a "shift".
[26][In Section 2
In clause (m),-
(a) after the words
"restaurant or eating place" the words and letter "or a poly
house or green house engaged in the activity of floriculture or pomology or
High Value Crops" shall be added;
(b) after Explanation II, the
following Explanation shall be added, namely:-
Explanation
III.-For the purposes of this clause, the term "High Value Crops"
shall mean and include,-
(i) Plantation of fruits, flowers
and vegetables in a green house or shed-net house;
(ii) Plantation of exotic fruits, flowers
and vegetables;
(iii) Plantation of crops by use of
bio-technology;
(iv) Plantation of medicinal and
aromatic plants and processing industry;
(v) Production of mushroom and
processing industry;
(vi) Production of fruits by
micro-drip irrigation by use of plastic and mulching;
(vii) Nurseries and processing
industry where vegetables are produced in a green house;
(viii) Nursery of ornamental
plants;".]
[27][In Section 2
In clause (m),--
(a) in sub-clause (i), after the
words "whereon ten or more workers" the words "or such number of
workers as may be specified by the State Government by notification, from time
to time" shall be inserted;
(b) in sub-clause (ii), after the
words "whereon twenty or more workers" the words "or such number
of workers as may be specified by the State Government by notification, from
time to time" shall be inserted;
(c) after sub-clause (ii), the
following proviso shall be inserted, namely:--
"Provided
that, the number of workers to be specified by the State Government in
sub-clauses (i) and (ii) shall not exceed twenty and forty workers,
respectively.".]
[Rajasthan
[28][In Section 2
(i) in sub-clause (i) of clause
(m), for the existing word "ten", the word "twenty" shall
be substituted; and
(ii) in sub-clause (ii) of clause
(m), for the existing word "twenty", the word "forty" shall
be substituted.]
[Andhra Pradesh
[29][In Section 2
In clause (m),-
(i) in sub-clause (i), for the
word "ten", the word "twenty" shall be substituted,
(ii) in sub-clause (ii), for the
word "twenty", the word "forty" shall be substituted;]]]
[Uttar Pradesh
[30][In Section 2 of
the Factories Act, 1948 as amended in its application to
Uttar Pradesh, hereinafter referred to as the principal Act, in clause
(m),--
(i) in sub-clause (i), for the
words "ten or more", the words "twenty or more" shall be
substituted;
(ii) in sub-clause (ii), for the
words "twenty or more", the words "forty or more" shall be
substituted.]]
[31][Bihar
In the Factories
Act, 1948, in section 2, in clause(m) will be substituted as follows
(i)
in
sub-clause (i), for the word "ten", the word "twenty" shall
be substituted;and
(ii)
in
sub-clause (ii), for the word "twenty", the word "forty"
shall be substituted.
[32][Punjab
In
the Factories Act, 1948 (hereinafter referred to as the
principal Act), in its application to the State of Punjab, in section 2,
in clause (m),-
(i) in sub-clause (i),
for the word "ten", the word "twenty" shall be substituted;
and
(ii) in sub-clause
(ii), for the word "twenty", the word "forty" shall be
substituted.]
[33][Haryana
In
clause (m) of section 2 of the Factories Act, 1948 (hereinafter called the
principal Act),-
(i) in sub-clause (i),
for the word ?ten?, the word ?twenty? shall be substituted; and
(ii) in sub-clause
(ii), for the word ?twenty?, the word ?forty? shall be substituted.]
Section 3 - Reference to time of day
In
this Act references to time of day are references to Indian Standard
Time, being five and a half hours ahead of Greenwich Mean Time:
Provided that for
any area in which Indian Standard Time is not ordinarily observed the State
Government may make rules?
(a) specifying the area,
(b) defining the local mean
time ordinarily observed therein, and
(c) permitting such time to be
observed in all or any of the factories situated in the area.
Section 4 - Power to declare different departments to be separatefactoriesor two or morefactoriesto he a single factory
[34][4. Power to declare
different departments to be separate factories or two or
more factories to be a single factory
The State
Government may, [35][on its own or] on an
application made in this behalf by an occupier, direct, by an order in
writing [36][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:]
[37][Provided that no order under
this section shall be made by the State Government on its own motion
unless an opportunity of being heard is given to the occupier.]
Section 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 [38][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.
[39][Explanation.--For the
purposes of this section "public emergency" means a grave
emergency whereby the security of India or of any part of the territory thereof
is threatened, whether by war or external aggression or internal disturbance.]
[BIHAR
[40][In the
Factories act, 1948, in section 5, the following section shall be inserted
namely:-
"5-A (Power to exempt new factories in public interest)- Where the
State Government is satisifed in the public interest that it is neccessary to
create more economic activites and employment opportunities, it may, by
notification in the official Gazette, exempt, subject to such conditions as it
may think fit, any new factory or class or description of news factories which
are established and whose commercial production start, from all or any of the
provisions of this Act for a period of one thousand days from the date on which
such commercial production start."
Explanation.? For the purpose of this section the expression"New
Factory or class or descripition of new factories" means such factory or
class or description of facotries which are established and whose commercial
production start within a period of one thousand days after the commencement of
the Factories (Bihar Amendment) Act, 2020.
Section 6 - Approval, licensing and registration offactories
(1) The State Government may make
rules--
[41][(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;]
[42][(aa) requiring the previous
permission in writing of the State Government or the Chief Inspector to be
obtained for the site on which the factory is to be situated and for the
construction or extension of any factory or class or description
of factories;
(b) requiring for the
purpose of considering applications for such permission the submission of plans
and 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 [43][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 Suite Government or Chief
Inspector by registered post, no order is communicated to the applicant
within three months from the date on which it is so sent, the permission
applied for in the said application shall be deemed to have been granted.
(3) Where a State Government or a
Chief Inspector refuses to grant permission to the site, construction or
extension of a factory or to the registration and licensing of a factory, the applicant may within
thirty days 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 [44][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].
Section 7 - Notice by occupier
(1) The occupier shall, at least
fifteen days before he begins to occupy or use any premises as a factory, send
to the Chief Inspector a written notice containing--
(a) the name and situation
of the factory;
(b) the name and address of the
occupier;
[45][(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;
[46][(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 manager of the factory for the purposes of this Act;
(g) the number of workers likely
to be employed in the factory;
(h) the average number of
workers per day employed during the last twelve months in the case of a factory
in existence on the date of the commencement of this Act;
(i) such other particulars
as may be prescribed.
(2) In respect of all
establishments which come within the scope of the Act for the first
lime, the occupier shall send a written notice to the Chief Inspector
containing the particulars specified in sub-section (1) within thirty days from
the date of the commencement of this Act.
(3) Before a factory engaged in a
manufacturing process which is ordinarily carried 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) [47][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[48] [Inspector a written
notice and to the Chief Inspector a copy thereof] within seven days from the
date on which such person takes over charge.
(5) During 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 manager, or
if no such person is found, the occupier himself, shall be deemed to be
the manager of the factory for the purposes of this Act.
Section 7A - General duties of the occupier
[49][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 provisions 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 and 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 safely 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.
[STATE AMENDMENTS
[Tamil Nadu
[50][After Section 7-A
The following
Section shall be inserted, namely:--
"7-AA.
Occupier of Match or Fire Works Factory to insure workers.--
(1) The occupier of every factory
wherein the manufacture of match or fire works is carried on shall get every
worker employed in the factory insured for a sum of not less than fifty
thousand rupees and keep the insurance alive so long as the worker is employed
in the factory. The payment of premium for such insurance shall be the
liability of the occupier.
(2) The occupier shall send to the
Chief Inspector a report containing the details of the insurance referred to in
sub-section (1) at such intervals with such particulars, in such form and in
such manner as may be prescribed by the State Government.
(3) If an occupier fails to comply
with the provisions of sub-section (1), the Chief Inspector may, after giving
the occupier an opportunity of being heard and after considering the
representation, if any, cancel the licence granted under this Act.".]
Section 7B - General duties of manufacturers, etc., as regards articles and substances for use infactories
[51][7B. General duties of
manufacturers, 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, it shall be
obligatory on the part of the importer to see-
(a) that the article conforms to
the same standards if such article is 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 to
the discovery and, so far as is reasonably practicable, the elimination or
minimisation of any risks to the health or safety of the workers to which the
design or article may give rise.
(3) Nothing contained in
sub-sections (1) and (2) shall be construed to require a person to repeat the
testing, examination or research which has been carried out otherwise than
by him or at his instance 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-sections (1) and (2) shall extend only to things done in the course of
business carried on by him and to matters within his control.
(5) Where a person designs,
manufactures, imports or supplies an 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
terms of the undertaking.
(6) For the purposes of this
section, an article is not to be regarded as properly used if it is used
without regard to any information or advice relating to its use which 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].
Section 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.
(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.
[52][(2A) The State Government
may, by notification in the Official Gazette, appoint as many Additional Chief
Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many
other 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
sub-section (2A) shall, in addition to the powers of a Chief Inspector
specified in the notification by which he is appointed, exercise the power of
an Inspector throughout the State].
(3) No person shall be appointed
under sub-section (1), sub-section (2)[53] [sub?section (2A)] or
sub-section (5) or, having been so appointed, shall continue to hold office,
who is or becomes directly or indirectly interested in a factory or in any
process or business carried on therein or in any patent or machinery connected
therewith.
(4) Every District Magistrate
shall be an Inspector for his district.
(5) The State Government may also,
by notification as aforesaid, appoint such public officers as it thinks fit to
be additional Inspectors for all or any of the purposes of this Act,
within such local limits as it may assign to them respectively.
(6) In any area where there are
more Inspectors than one the State Government may, by notification as
aforesaid, declare the powers which such Inspectors shall respectively exercise
and the Inspector to whom the prescribed notices are to be sent.
(7) [54][Every Chief Inspector,
Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and
every other officer appointed under this section] shall be deemed to be a
public servant within the meaning of the Indian Penal Code (45 of 1860), and
shall be officially subordinate to such authority as the State Government may
specify in this behalf.
Section 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,[55] [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;
[56][(b) make examination of the
premises, plant, machinery, article or substance;
(c) inquire into any
accident or dangerous occurrence, whether resulting in bodily injury,
disability or not, and take on the spot or otherwise statements of any person
which he may consider necessary for such inquiry;
(d) require the production
of any prescribed register or any other document relating to the factory;
(e) seize, or take copies of, any
register, record or other document or any portion thereof as he may consider
necessary in respect of any offence under this Act , which he has
reason to believe, has been committed;
(f) direct the occupier that
any premises or any part thereof, or anything lying therein, shall be left
undisturbed (whether generally or in particular respects) for so tong 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 hi m 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
hi m as having caused or is likely to cause danger to the health or safety of
the workers, direct it to be dismantled or subject it to any process or test
(but not so as to damage or destroy it unless the same is, in the circumstances
necessary, for carrying out the purposes of this Act), and take possession
of any such article or substance or a part thereof, and detain it for so long
as is necessary for such examination;
(i) exercise such other
powers as may be prescribed:]
Provided that no
person shall be compelled under this section to answer any question or give any
evidence tending to incriminate himself.
Section 10 - Certifying surgeons
(1) The State Government may
appoint qualified medical practitioners to be certifying surgeons for the
purposes of this Act within such local limits or for such factory or
class or description of factories as it may assign to them
respectively.
(2) A certifying surgeon may, with
the approval of the State Government, authorise any qualified medical
practitioner to exercise any of his powers under this Act for
such period as the certifying surgeon may specify and subject to such
conditions as the State Government may think fit to impose, and references in
this Act to a certifying surgeon shall be deemed to include
references to any qualified medical practitioner when so authorised.
(3) No person shall be appointed
to be, or authorised to exercise the powers of, a certifying surgeon, or having
been so appointed or authorised, continue to exercise such powers, who is or
becomes the occupier of a factory or is or becomes directly or indirectly interested
therein or in any process or business carried on therein on in any process or
machinery connected therewith or is otherwise in the employ of the factory:
[57][Provided that the State
Government may, by order in writing and subject to such conditions as may be
specified in the order, exempt any person or class of persons from the
provisions of this sub-section in respect of any factory or class or
description of factories.]
(4) The certifying surgeon shall
carry out such duties as may be prescribed in connection with--
(a) the examination and
certification of young persons this Act;
(b) the examination of person
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)[58] .
Section 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[59] [painted otherwise than with washable water-paint]
or varnished, be re-painted or re-varnished at least once in every period of
five years;
[60][(ia) where they are painted
with washable water-paint, be re-painted 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
transparent washed or colour washed, and the transparent?washing or colour washing shall be
carried out at least once in every period of fourteen months;
[61][(dd) all doors and window
frames and other wooden or metallic framework and shutters shall be kept
painted or varnished and the painting or varnishing shall be carried out at
least once in every period of five years;]
(e) the dates on which the
processes required by clause (d) are carried out shall be entered in the
prescribed register.
(2) If, in view of the nature of
the operations carried on [62][in a factory or class or description
of factories or any part of a factory or class or description
of factories], it is not possible for the occupier to comply with all or
any of the provisions of sub?section (1), the State Government may by order
exempt such factory or class or description of factories [63][or part] from any of the
provisions of that sub-section and specify alternative methods for keeping
the factory in a clean stale.
Section 12 - Disposal of wastes and effluents
[64][(1) Effective arrangements
shall be made in every factory for the treatment of wastes and effluents due to
the manufacturing process carried on therein, so as to render them innocuous,
and for their disposal.]
(2) The State Government may make
rules prescribing the arrangements to be made under sub-section (1) or
requiring that the arrangements made in accordance with sub?-section (1) shall
be approved by such authority as may be prescribed.
Section 13 - Ventilation and temperature
(1) Effective and suitable
provision shall be made in ever 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 bill
kept as tow 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 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[65] [proper me assuring
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.]
[66][(3) If it appears to the
Chief Inspector that excessively high temperatures in any factory can be
reduced by the adoption of suitable me assures, he may, without prejudice to
the rules made under sub-section (2), serve on the occupier, an order in
writing specifying the me assures which, in hi s opinion, should be adopted,
and requiring them to be carried out before a specified date.]
Section 14 - Dust and fume
(1) In every factory in which, by
reason of the manufacturing process carried on, there is given off any dust or
fume or other impurity of such a nature and to such an extent as is likely to
be injurious or offensive to the workers employed therein, or any dust in
substantial quantities, effective measures shall be taken to prevent its
inhalation and accumulation in any workroom, and if any exhaust appliance is
necessary for this purpose, it shall be applied as near as possible to the
point of origin of the dust, fume or other impurity, and such point shall be
enclosed so far as possible.
(2) In any factory no stationary
internal combustion engine shall be operated unless the exhaust is conducted
into the open air, and no other internal combustion engine shall be operated in
any room 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.
Section 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 which is required to
be effectively purified under sub-section (2) is not effectively purified he
may serve on the manager of the factory an order in writing, specifying
the measures which in his opinion should be adopted, and requiring
them to be carried out before specified date.
Section 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 a factory in
existence on the date of the commencement of this Act at least[67] [ 9 . 9 cubic meters]
and of a factory built after the commencement of this Act at least[68] [ 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 [69][ 4 . 2 meters] above the
level of the floor of the room.
(3) If the Chief Inspector by
order in writing so requires, the re 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 room is unnecessary in the interest
of the health of the workers employed therein.
Section 17 - Lighting
(1) In every pan of a factory
where workers are working of 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 and outer surfaces and, so far as compliance with the
provisions of any rules made under sub-section (3) of section 13 will allow,
free from obstruction.
(3) In even factory effective
provision shall, so far as is practicable, be made for the prevention of--
(a) glare, either directly from a
source of light or by reflection from a smooth or polished surface:
(b) the formation of shadows to
such an extent as to cause eye-strain or the risk of accident to any worker.
(4) The State Government may
prescribe, standards of sufficient and suitable lighting
for factories or for any class or description
of factories or for any manufacturing process.
Section 18 - Drinking water
(1) In every factory effective
arrangements shall be made to provide and maintain at suitable points
conveniently situated for all workers employed therein a sufficient supply of
wholesome drinking water.
(2) All such points shall be
legibly marked "drinking water" in a language understood by a
majority of the workers employed in the factory, and no such point shall be
situated within [70][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 cool 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.
Section 19 - Latrines and urinals
(1) In every factory--
(a) sufficient latrine and urinal
accommodation of prescribed types shall be provided conveniently situated and
accessible to workers at all times while they are at 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 work room
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[71] [ninety centimeters], of
the latrines and urinals and the sanitary blocks shall be laid in glazed tiles
or otherwise finished to provide a smooth polished impervious surface;
(c) without prejudice to the
provisions of clauses (d) and (e) of sub-section (1), the 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 mailers 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.
Section 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 purpose and
a notice containing this provision and the penalty for its violation shall be
prominently displayed at suitable places in the premises.
(4) Whoever spits in contravention
of sub-section (3) shall be punishable with fine not exceeding five rupees.
State Amendment
[West Bengal
[72][20. Spittoons
No person shall
spit within the premises of a factory except in the places provided for the
purposes and a notice containing this provision shall be prominently displayed
at suitable places in the premises. Such places should be maintained in a clean
and hygienic condition.]
Section 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
(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 converter;
(b) every part of transmission
machinery; and
(c) ever dangerous part of any
other machinery;
shall be securely
fenced by safeguards of substantial construction which[73] [shall be constantly
maintained and kept in position] while the parts of machinery the y are fencing
are in motion or in use:
[74][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 , a
s 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 currying 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 , a s a result of 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 by
rules prescribe such further precautions as it may consider necessary in
respect of any particular machinery or part thereof, or exempt, subject to such
condition as may be prescribed, for securing the safe t y of the workers, any
particular machinery or part thereof from the provisions of this section.
Section 22 - Work on or near machinery in motion
(1) [75][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 case
referred to in clause (i) of the proviso to sub-section (I) 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 this 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
(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
setscrew, 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.
[76][(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 Gazelle, 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.
Section 23 - Employment of young persons on dangerous machines
(1) No young person[77] [shall be required or
allowed to work] at any machine to which this section applies, unless he has been
fully instructed as to the dangers arising in connection with the
machine and the precautions to be observed and-
(a) has received sufficient
training in work at the machine, or
(b) is under adequate supervision
by a person who has a thorough knowledge and experience of the machine.
(2) Sub-section (1) shall apply to
such machines as may be prescribed by the State Government, being machines
which in its opinion are of such a dangerous character that young persons ought
no to work at them unless the foregoing requirements are complied with.
Section 24 - Striking gear and devices for cutting off power
(1) In every factory--
(a) suitable striking gear or
other efficient me chemical 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 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 workroom :
Provided that in
respect of factories in operation before the commencement of
this Act, the provisions of this sub-section shall apply only to workrooms
in which electricity is used as power.
[78][(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].
Section 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 hi s employment or otherwise, be allowed to run
on its outward or inward traverse within a distance of[79] [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.
Section 26 - Casing of new machinery
(1) In all machinery driven by
power and installed in any factory after the commencement of this Act,--
(a) every set screw, bolt or key
on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or
otherwise effectively guarded as to prevent danger ;
(b) all spur, worm and other toothed
or friction gearing which does not require frequent adjustment while in motion
shall be completely encased, unless it is so situated as to be as safe as it
would be if it were completely encased.
(2) Whoever sells or lets on hi re
or, as agent of a seller or hirer, causes or procures to be sold or let on hi
re, for use in a factory any machinery driven by power which does not comply
with the provisions of[80] [ 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.
[81][(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.]
Section 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.
Section 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 very such examination;
(b) every hoist way and lift way
shall be sufficiently protected by an enclosure fitted with gates, and the
hoist or lift and every such enclosure shall be so constructed as to prevent
any person or thing from being trapped between any part of the hoist or lift
and any fixed structure or moving part;
(c) the maximum safe
working load shall be plainly marked on every hoist or lift, and
no load greater than such toad 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 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
requirement 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 of 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 of 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 safely 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.
[82][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.]
Section 29 - Lifting machines, chains, ropes and lifting tackles
[83][29. Lifting machines, chains,
ropes and lifting tackles
(1) In any factor) the following
provisions shall be complied with in respect of every lifting machine (other
than a hoist and lift) and every chain, rope and lifting tackle for the purpose
of raising or lowering persons, goods or materials :--
(a) all parts, including the
working gear, whether fixed or movable, of every lifting machine and every
chain, rope or lifting tackle shall be--
(i) of good construction,"
sound material and adequate strength and free from defects;
(ii) properly maintained; and
(iii) thoroughly examined by a
competent person at least once in every period of twelve months, or at such
intervals as the Chief Inspector may specify in writing; and a register shall
be kept containing the prescribed particulars of every such examination;
(b) no lifting machine and no
chain, rope or lifting tackle shall, except for the purpose of test be loaded
beyond the safe working toad 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[84] [six meters] 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 safely of the parts examined.
Explanation.--In
this section.--
(a) "lifting
machine" means a crane, crab, winch, teagle, pulley block, gin wheel,
transporter or runway;
[85][(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.]
Section 30 - Revolving machinery
(1) [86][In every factory] in which
the process of grinding is carried on there shall be permanently affixed t o or
placed near each machine in use a notice indicating the maximum safe working
peripheral speed of every grindstone or abrasive wheel, the speed of the shaft
or spindle upon which the wheel is mounted, and the diameter of the pulley upon
such shaft or spindle necessary to secure such safe working peripheral speed.
(2) The speeds indicated in
notices under sub-section (1) shall not be exceeded.
(3) Effective me assures shall be
taken in every factory to ensure that the safe working peripheral speed of
every revolving vessel, cage, basket, fly-wheel, pulley, disc or similar
appliance driven by power is not exceeded.
Section 31 - Pressure plant
[87][(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 me
assures in relation thereto as may in its opinion be necessary in any factory
or class or description of factories.
[88][(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 (I) from the
provisions of this section.]
Section 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[89] [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.
[90][(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.]
Section 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.
Section 34 - Excessive weights
(1) No person shall be employed in
any factory to lift, carry or move any load so heavy as to be likely to
cause him 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 or any specified process.
Section 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 immediately vicinity of, the
process.
Section 36 - Precautions against dangerous fumes, gases, etc
[91][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 me assures 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 g as , 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. ]
Section 36A - Precautions regarding the use of portable electric light
[92][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[93] [unless adequate safety
devices are provided]; and
(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 flame-proof construction
shall be permitted to be used therein.]
Section 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 measure
shall be taken to prevent any such explosion by--
(a) effective enclosure of the
plant or machinery used in the process;
(b) removal or prevention of the
accumulation of such dust, gas, fume or vapour;
(c) exclusion or effective
enclosure of all possible sources of ignition.
(2) Where in any factory the plant
or machinery used in a process such as is referred to in sub-section (1) is not
so constructed as to withstand the probable pressure which such an explosion as
aforesaid would produce, all practicable measures shall be taken to
restrict the spread and effects of the explosion by the provision in the plant
or machinery of chokes, baffles, vents or other effective appliances.
(3) Where any part
of the plant or machinery in a factory contains any explosive or
inflammable gas or vapour under pressure greater than atmospheric pressure,
that part shall not be opened except in accordance with the following
provisions, namely:--
(a) before the fastening of any
joint of any pipe connected with the part or the fastening of the cover of any
opening into the part is loosened, any flow of the gas or vapour into the part
of any such pipe shall be effectively stopped by a stop-valve or
other means;
(b) before any such fastening as
aforesaid is removed, all practicable measures shall be
taken to reduce the pressure of the gas or vapour in the part or pipe
to atmospheric pressure;
(c) where any such fastening as
aforesaid has been loosened or removed effective measures shall be taken
or prevent any explosive or inflammable gas or vapour from entering the part or
pipe until the fastening has been secured, or the case may be, securely
replaced;
Provided that the
provisions of this sub-section shall not apply in the case of plant or machinery
installed in the open air.
(4) No plant, tank or vessel which
contains or has contained any explosive or inflammable substance shall be
subjected in any factory to any welding, brazing, soldering or cutting
operation which involves the application of heat unless adequate measures
have first been taken to remove such substance and any fumes arising therefrom
or to render such substance and fumes non-explosive or non-inflammable,
and no such substance shall be allowed to enter such plant, tank or vessel
after any such operation until themetal 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.
Section 38 - Precautions in case of fire
[94][38. Precautions in case of
fire
(1) In every factory, all
practicable me assures shall he taken t o 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 me assures shall be
taken to ensure that in every factory all the workers are familiar with t he
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 me assures to be adopted to give effect to the provisions of
sub-section (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 me assures 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 me assures as he may consider reasonable and necessary, be
provided in the factory before such date as is specified in the order.]
Section 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 safe t y, he may serve on[95] [the occupier or manger
or both] of the factory an order in writing requiring hi m 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.
Section 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
safe t y, he may serve on[96] [the occupier or manager
or both] of the factory an order in writing specifying the me assures which in
hi s 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 safe
t y, he may serve on[97] [the occupier or manager
or both] of the factory an order in writing prohibiting its use until it has
been properly repaired or altered.
Section 40A - Maintenance of buildings
[98][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 me assures which in hi s opinion
should be taken and requiring the same to be carried out before such date as is
specified in the order. ]
Section 40B - Safety Officers
[99][ 40B. Safety Officers
(1) In every factory,--
(i) wherein one thousand or more
workers arc ordinarily employed, or
(ii) wherein, in the opinion of the
State Government, any manufacturing process or operation is carried on, which
process or operation involves any risk of bodily injury, poisoning or disease,
or any other hazard to health, to the 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 Officer shall be such as may be prescribed by
the State Government.]
Section 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 [100][devices and me assures] for
securing the safely of persons employed therein as it may deem necessary.
Chapter IV A - PROVISION RELATING TO HAZARDOUS PROCESSES
[101][CHAPTER IVA
PROVISION RELATING TO
HAZARDOUS PROCESSES
Section 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 an 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 3of 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 5of 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 Slate Government who shall be--
(ii) a scientist having specialised
knowledge of the hazardous process which will be involved in the factory,
(iii) a representative of the local
authority within whose jurisdiction the factory is to be established, and
(iv) not more than three other
persons as deemed fit by the State Government.
(2) The Site Appraisal Committee
shall examine an application for the establishment of a factory involving
hazardous process and make its recommendation to the State Government within a
period of ninety days of the receipt of such application in the prescribed
form.
(3) Where any process relates to a
factory owned or controlled by the Central Government or to a corporation or a
company owned or controlled by the Central Government, the State Government
shall co-opt in the Site Appraisal Committee a representative nominated by the
Central Government as a member of that Committee.
(4) The Site Appraisal Committee
shall have power to call for any information from the person making an
application for the establishment or expansion of a factory involving a
hazardous process.
(5) Where the State Government has
granted approval to an application for the establishment 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) Act, 1981 (14of 1981).
Section 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 engaged 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 the disposal of such substances outside the factory
premises and publicise them in the manner prescribed among the workers and the
general public living in the vicinity.
Section 41C - Specific responsibility of the
occupier in relation to hazardous processes
Every occupier of
a factory involving any hazardous process shall--
(a) maintain accurate and
up-to-date health records or, as the case may be, medical records, of the
workers in the factory who are exposed to any chemical, toxic or any other harmful
substances which are manufactured, stored, handled or transported and such
records shall be accessible to the workers subject to such conditions as may be
prescribed;
(b) appoint persons who possess
qualifications and experience in handling hazardous substances and arc
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.
Section 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 members shall be such as may be determined by the Central Government
according to the requirements of the situation.
(3) The recommendations of the
Committee shall be advisory in the nature.
Section 41E - Emergency standards
(1) Where the Central
Government is satisfied that no standards of safety have been prescribed in
respect of a hazardous process or class of hazardous processes, or where the
standards so prescribed are inadequate, it may direct the Director-General of
Factory Advice Service and Labour Institutes or any institution specialised in matters relating to
standards of safety in hazardous processes, to lay down emergency standards for
enforcement of suitable standards in respect of such hazardous processes.
(2) The emergency standards laid
down under sub-section (1) shall, until they arc incorporated in the rules made
under this Act, be enforceable and have the same effect as if they had
been incorporated in the rules made under this Act.
Section 41F - Permissible limits of exposure of chemical and toxic substances
(1) The maximum permissible
threshold limits of exposure of chemical and toxic substances
in manufacturing processes (whether hazardous or otherwise) in any factory
shall be of the value indicated in the Second Schedule.
(2) The Central Government may, at
any time, for the purpose of giving effect to any scientific proof obtained
from specialised institutions or experts in the field by notification in the
Official Gazelle, make suitable changes in the said Schedule.
Section 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
represen?tatives of workers and management to promote co-operation between the
workers and the management in maintaining proper safety and health at work and
to review periodical 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 right and duties
shall be such as may be prescribed.
Section 41H - Right of workers to warn about imminent danger
(1) Where the workers employed in
any factory engaged in a hazardous process have reasonable apprehension that
there is a likelihood of imminent danger to their lives or health due to any
accident, they may bring the same to the notice of the occupier, agent, manager
or any other person who is in charge of the factory or the process concerned
directly or through their representatives in the Safety Committee and
simultaneously bring the same to the notice of the Inspector.
(2) It shall be the duty of such
occupier, agent, manager or the person in charge of the factory or process
to take immediate remedial action if he is satisfied about the existence
of such imminent danger and send a report forthwith of the action taken to the
nearest Inspector.
(3) If the occupier, agent,
manager or the person in charge referred to in sub-section (2) is not satisfied
about the existence of any imminent danger as apprehended by the workers, he
shall, nevertheless, refer the matter forthwith to the nearest
Inspector whose decision on the question of the existence of such imminent
danger shall be final.]
Section 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.
Section 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 daring working hours and for the drying of
wet clothing.
Section 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 Gazelle, 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.
Section 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 [102][at any one time] in the
factory.
[103][(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 [104][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.]
[105][(4) In every factory wherein
more than five hundred workers are [106][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 [107][and those facilities shall
always be made readily available during the working hours of the factory].
[STATE AMENDMENTS
[Karnataka
[108][In Section 45
The words ?five
hundred? the words ?two hundred? shall be substituted.]]]
Section 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 r u les 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 therefore;
(d) the constitution of a managing
committee for the canteen and representation of the workers in the management
of the canteen;
[109][ (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).
Section 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 aid ventilated and shall be maintained in a cool and clean
condition.
(3) The State Government may--
(a) prescribe the standards in
respect of construction, accommodation, furniture and other equipment of
shelters, rest rooms and lunch rooms to be provided under this section;
(b) by notification in the
Official Gazette, exempt any factory or class or description
of factories from the requirements of this section.
Section 48 - Creches
(1) In every factory wherein more
than [110][thirty women workers] are
ordinarily employed there shall be provided and maintained a suitable room or
rooms for the use of children under the age of six years of such women.
(2) Such rooms shall provide
adequate accommodation, shall be adequately lighted and ventilated, shall be
maintained in a clean and sanitary condition and shall be under the charge of
women trained in the care of children and infants.
(3) The State Government may make
rules--
(a) prescribing the location and
the standards in respect of construction, accommodation, furniture and other
equipment of rooms to be provided under this section ;
(b) requiring the provision in factories to
which 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 i n
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.
Section 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).
[STATE AMENDMENTS
[Karnataka
[111][In Section 49
(1) in sub-section (1), for the
words ?five hundred? the words ?two hundred? shall be substituted;
(2) after sub-section (1), the
following shall be inserted, namely:-
?(1A) In every
factory where two hundred or more women workers are ordinarily employed the
occupier shall employ in the factory, such number of female supervisors, as may
be prescribed.?]]]
Section 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.
Section 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.
Section 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.
Section 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 to the holidays so lost.
(2) The State Government may
prescribe the manner in which the holidays for which provision is made in
sub-section (1) shall be allowed.
Section 54 - Daily hours
Subject to the
provisions of section 51, not adult worker shall be required or allowed to work
in a factory for more than nine hours in any day:
[112][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.]
Section 55 - Intervals for rest
[113][(1)] [114][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.
[115][(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.]
Section 56 - Spread over
The periods of
work of an adult worker in a factory shall be so arranged that inclusive of hi
s intervals for rest under section 55 , they shall not spread over 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[116] [spreadover up to twelve
hours].
Section 57 - Night shifts
Where a worker in
a factory works on a shift which extends beyond midnight,--
(a) for the purposes of
sections 52 and 53, a holiday for a whole day shall mean
in his case a period of twenty-four consecutive hours beginning
when his shift ends;
(b) the following day for him
shall be deemed to be the period of twenty-four hours beginning when such shift
ends, and the hours he has worked after midnight shall be counted in the
previous day.
Section 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.
[117][(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) . ]
Section 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 hi s ordinary rate of wages.
[118][(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 food grains 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 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 through the concessional sale to workers of food
grains and other articles, as the worker is for the time being entitled to , s
hall 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.]
[119][(4) The cash equivalent of
the advantage accruing through the concessional sale to a worker of food grains
and other articles shall be computed as often as may be prescribed on the basis
of the maximum quantity of food grains 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.
Explanation2.--"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 0 . 8 and 0 . 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 food grains 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.]
Section 60 - Restriction on double employment
No adult worker
shall be required or allowed to work in any factory on any day on which he
has already been working in any other factory, save in such circumstances as
may be prescribed.
Section 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 periods would not be working in contravention of any of the
provisions of sections 51 , 52 , 54 ,[120][ 55 , 56 and 58 ].
(3) Where all the adult workers in
a factory are required to work during the same periods, the manager of the
factory shall fix those periods for such workers generally.
(4) Where all the adult workers in
a factory are not required to work during the same periods, the manager of the
factory shall classify them into groups according to the nature of their work
indicating the number of workers in each group.
(5) For each group which is not
required to work on a system of shifts, the manager of the factory shall fix
the periods during which the group may be required to work.
(6) Where any group is required to
work on a system of shifts and the relays are not to be subject to
predetermined periodical changes of shifts, the manager of the factory shall
fix the periods during which each relay of the group may be required to work.
(7) Where any group is to work on
a system of shifts and the relays are to be subject to predetermined periodical
changes of shifts, the manager of the factory shall draw up a scheme of shifts
where under the periods during which any relay of the group may be required to
work and the relay which will be working at any time of the day shall be known
for any day.
(8) The State Government may
prescribe forms of the notice required by sub-section (1) and the manner in
which it shall be maintained.
(9) In the case of a factory
beginning work after the commencement of this Act, a copy of the notice
referred to in sub-section (1) shall be sent in duplicate to the Inspector
before the day on which work is begun in the factory,
(10) Any proposed change in the
system of work in any factory which will necessitate a change in the notice
referred to in sub-section (1) shall be notified to the Inspector in duplicate
before the change is made, and except with the previous sanction of the
Inspector, no such change shall be made until one week has elapsed since the
last change.
Section 62 - Register of adult workers
(1) The manager of every factory
shall maintain a register of adult workers, to be available to the Inspector at
all times during working hours, or when any work is being carried on in the
factory, showing--
(a) the name of each adult worker
in the factory;
(b) the nature of hi s work;
(c) the group, if any, in which he
is included;
(d) where his group works on
shifts, the relay to which he is allotted;
(e) such other particulars as may
be prescribed :
Provided that, if
the Inspector is of opinion that any muster roll or register maintained as part
of the routine of a factory gives in respect of any or all the workers in the
factory the particulars required under this section, he may, by order in
writing, direct that such muster roll or register shall to the corresponding
extent be maintained in place of, and be treated as t he register of adult
workers in that factory.
[121][(1A) No adult worker shall be
required or allowed to work in any factory unless hi s name and other
particulars have been entered in the register of adult workers.]
(2) The State Government may
prescribe the form of the register of adult workers, t he manner in
which it shall be maintained and the period for which it shall be
preserved.
Section 63 - Hours of work to correspond with notice under section 61 and register under section 62
No adult worker
shall be required or allowed to work in any factory otherwise than in
accordance with the notice of periods of work for adults displayed in the
factory and the entries made beforehand against his name in the register of
adult workers of the factory.
Section 64 - Power to make exempting rules
(1) The State Government may make
rules defining the persons who hold positions of supervision or management or
are employed in a confidential position in a factory [122][or empowering the Chief
Inspector to declare any person, other than a person defined by such rules, as
a person holding position of supervision or management or employed in a
confidential position in a factory if, in the opinion of the Chief Inspector,
such person holds such position or is so employed], and the provisions of this
Chapter, other than the provisions of clause (b) of sub-section (1) of section
66 and of the proviso to that sub-section, shall not apply to any person so
defined [123][or declared]:
[124][Provided that any person so
defined or declared shall, where the ordinary rate of wages of such
person [125][does not exceed the wage
limit specified in sub-section (6) of section 1 of the Payment of
Wages Act, 1936 (4 of 1936), as amended from time to
time], be entitled to extra wages in respect of, overtime work under section
59.]
(2) The State Government may make
rules in respect of adult workers in factories providing for the
exemption, to such extent and subject to such conditions as may be prescribed--
(a) of workers engaged on urgent repairs,
from the provisions of
sections 51, 52, 54, 55 and 56;
(b) of workers engaged in work in
the nature of preparatory or complementary work which must necessarily be
carried on outside the limits laid down for the general working of the factory,
from the provisions of sections 51, 54, 55 and 56;
(c) of workers engaged in work
which is necessarily so intermittent that the intervals during which they do
not work while on duty ordinarily amount to more than the intervals for rest
required by or under section 55, from the provisions of
sections 51, 54, 55 and 56;
(d) of workers engaged in any work
which for technical reasons must be carried on continuously [126][***] from the provisions of
sections 51, 52, 54, 55 and 56;
(e) of workers engaged in making
or supplying articles of prime necessity which must be made or supplied every
day, from the provisions of[127] [section 51 and
section 52];
(f) of workers engaged in a
manufacturing process which cannot be carried on except during fixed sections,
from the provisions of[128] [section 51,
section 52 and section 54];
(g) of workers engaged in a
manufacturing process which cannot be carried on except at times dependent on
the irregular action of natural forces, from the provisions of sections 52 and 55;
(h) of workers engaged in
engine-rooms or boiler-houses or in attending to power-plant or transmission
machinery, from the provisions of[129] [section 51 and
section 52];
[130][(i) of workers engaged in the
printing of newspapers, who arc held up on account of the breakdown of
machinery, from the provisions of sections 51, 54 and 56.
Explanation.--In
this clause the expression "newspapers'' has the meaning assigned to
it in the Press and Registration
of Books Act, 1867 (25 of 1867);
(j) of workers engaged in
the loading or unloading of railway wagons, [131][or lorries or trucks] from
the provisions of
sections 51, 52, 54, 55 and 56];
[132][(k) of workers engaged in any
work, which is notified by the State Government in the Official Gazette as a
work of national importance, from the provisions of section 51,
section 52, section 54, section 55 and section 56.]
(3) Rules made under sub-section
(2) providing for any exemption may also provide for any consequential
exemption from the provisions of section 61 which the State
Government may deem to be expedient, subject to such conditions as it may
prescribe.
[133](4) In making rules under this
section, the State Government shall not exceed, except in respect of exemption
under clause (a) of sub-section (2) the following limits of work inclusive of
overtime :--
(i) the total number of hours of
work in any day shall not exceed ten;
(ii) the spread over, inclusive of
intervals for rest, shall not exceed twelve hours in any one day:
Provided that the
State Government may, in respect of any or all of the categories of workers
referred to in clause (d) of sub-section (2), make rules prescribing the
circumstances in which, and the conditions subject to which, the restrictions
imposed by clause (i) and clause (ii) shall not apply in order to enable a
shift worker to work the whole or part of a subsequent shift in the absence of
a worker who has failed to report for duty;
[134][(iii) the, total number of
hours of work in a week, including overtime, shall not exceed sixty;]
[135][(iv)] the total number of
hours of overtime shall not exceed fifty for any one quarter,
Explanation.--"Quarter" means
a period of three consecutive months beginning on the 1st of January,
the 1st of April, the 1st of July or the 1st of October.]
(5) Rules made under this section
shall remain in force for not more than [136][five years].
STATE AMENDMENT
[Uttar Pradesh
[137][In Section 64 of the principal Act, in
sub-section (4), in clause (iv) for the word "fifty", the words
"one hundred" shall be substituted."
Section 65 - Power to make exempting orders
(1) Where the State Government is
satisfied that, owing to the nature of the work carried on or to other
circumstances, it is unreasonable to require that the periods of work of any
adult workers in any factory or class or description
of factories should be fixed beforehand, it may, by written order,
relax or modify the provisions of section 61 in respect of such workers
therein, to such extent and in such manner as it may think fit, and subject to
such conditions as it may deem expedient to ensure control over periods of
work.
(2) The State Government or,
subject to the control of the Stale Government, the Chief Inspector may by
written order exempt, on such conditions as it or he may deem expedient, any or
all of the adult workers in any factory or group or class or description
of factories from any or all of the provisions of sections 51 , 52 ,
54 and 56 on Ike ground that the exemption is required to enable the factory
or factories to deal with an exceptional press of work.
[138][(3) Any exemption granted
under sub-section (2) shall be subject to the following conditions, namely :--
(i) the total number of hours of
work in any day shall not exceed twelve;
(ii) the spread over, inclusive of
intervals for rest, shall not exceed thirteen hours in any one day;
(iii) the total number of hours of
work in any week, including overtime, shall not exceed sixty;
(iv) no worker shall be allowed to
work overtime, for more than seven days at a stretch and the total number of
hours of overtime work in any quarter shall not exceed seventy-five.
Explanation.-In
this sub-section "quarter" has the same meaning as in sub-section (4)
of section 64 .]
[139][***]
[STATE AMENDMENTS
[Maharashtra
[140][In Section 65
(a) for sub-section (2), the
following sub-section shall be substituted, namely:--
"(2) On such
terms and conditions as may be prescribed, any or all of the adult male workers
in any factory or group or class or description of factories may be
exempted from any or all of the provisions of sections 51, 52, 54 and 56 on the
ground that the exemption is required to enable the factory
or factories to deal with an exceptional press of work.";
(b) in sub-section (3), in clause
(iv), for the words "shall not exceed seventy-five" the words
"shall not exceed one hundred and fifteen" shall be substituted.]
[Uttar Pradesh
[141][In Section 65 of the
principal Act, in sub-section (3), in clause (iv) for the words
"seventy-five" the words "one hundred fifteen " shall be
substituted.]
[142][Punjab
In the
principal Act, in section 65, in sub-section (3), in clause (iv), for the
word "seventy-five", the words "one hundred and fifteen"
shall be substituted.]
[143][Haryana
In clause (iv) of sub-section (3) of section
65 of the principal Act, for the words and sign ?seventy-five?, the words ?one
hundred and fifteen? shall be substituted.]
Section 66 - Further restrictions on employment of women
(1) The provisions of this Chapter
shall, in their application to women in factories, be supplemented by the
following further restrictions, namely:--
(a) no exemption from the
provisions of section 54 may be granted in respect of any woman;
(b) no woman shall be [144][required or allowed to work
in any factory] except between the hours of 6A.M. and 7 P.M. :
Provided that the
State Government may, by notification in the Official Gazette, in respect
of [145][any factory or group or class
or description of factories,] very the limits laid down in clause (b), but
so that no such variation shall authorize the employment of any woman between
the hours of 10 P.M. and 5 A.M. :
[146][(c) there shall be no change
of shifts except after a weekly holiday or any other holiday.]
(2) The State Government may make
rules providing for the exemption from the restrictions set out in sub-section
(1), to such extent and subject to such conditions as it may prescribe, of
women working in fish-curing or fish-canning factories, where the
employment of women beyond the hours specified in the said restrictions is
necessary to prevent damage to, or deterioration in, any raw material.
(3) The rules made under
sub-section (2) shall remain in force for not more than three years at a time.
[STATE AMENDMENTS
[Maharashtra
[147][In Section 66
In sub-section
(1), in clause (b), for the existing proviso, the following proviso shall be
substituted, namely:--
"Provided
that, the women workers may be required or allowed to work even between the
hours of 7.00 p.m. and 6.00 a.m. in any factory in which adequate safety and
security measures or safeguards as may be prescribed are provided;".]
[Uttar Pradesh
[148][In Section 66 of the
principal Act, in sub-section (1), in clause (b) for the existing proviso,
the following proviso shall be substituted, namely--
"Provided
that the State Government may, by notification in the Official Gazette, in
respect of any factory or group or class or description
of factories vary the limits laid down in this clause and such
variation may authorise the employment of any woman between the hours of 7 p.m.
and 6 a.m. mentioning therein the provisions for the safety and facilities of
the woman to be given to her."
[149][Haryana
In clause (b) of
sub-section (1) of section 66 of the principal Act, for the existing proviso,
the following proviso shall be substituted, namely:-
?Provided
that the State Government may, by notification in the Official Gazette, in
respect of any factory which provides such adequate safety and security
measures or safeguards, as may be prescribed apply for such exemption, allow
the women to work in factory between the hours of 7:00 PM to 6:00 AM.?.]
Section 67 - Prohibition of employment of young children
No child who has
not completed his fourteenth year shall be required or allowed to work in
any factory.
Section 68 - Non-adult workers to carry tokens
A child who has
completed his fourteenth year or an adolescent shall not be required or
allowed to work in any factory unless?
(a) a certificate of fitness
granted with reference to him under section 69 is in the custody
of the manager of the factory, and
(b) such child or adolescent
carries while he is at work a token giving a reference to such certificate.
Section 69 - Certificates of fitness
(1) A certifying surgeon shall, on
the application of any young person or his parent or guardian accompanied
by a document signed by the manager of a factory that such person will be
employed therein if certified to be fit for work in a factory, or on the
application of the manager of the factory in which any young person
wishes to work, examine such person and ascertain his fitness
for work in a factory.
(2) The certifying surgeon, after
examination, may grant to such young person, in the prescribed form,
or may renew--
(a) a certificate of
fitness to work in a factory as a child, if he is satisfied
that the young person has completed his fourteenth year, that he
has attained the prescribed physical standards and that he is fit for such
work;
(b) a certificate of fitness to
work in a factory as an adult, if he is satisfied that the young person has
completed his fifteenth year, and is fit for a full day's work in a
factory:
Provided that
unless the certifying surgeon has personal knowledge of the place where the
young person proposes to work and of the manufacturing process in which he will
be employed, he shall not grant or renew a certificate under this sub-section
until he has examined such place.
(3) A certificate of fitness
granted or renewed under sub-section (2)--
(a) shall be valid only for a
period of twelve months from the date thereof:
(b) may be made
subject to conditions in regard to the nature of the work in which
the young person may be employed, or requiring re-examination of the young
person before the expiry of the period of twelve months.
(4) A certifying surgeon shall
revoke any certificate granted or renewed under sub?section (2) if in his
opinion the holder of it is no longer fit to work in the capacity stated
therein in a factory.
(5) Where a certifying surgeon
refuses to grant or renew a certificate or a certificate of the kind requested
or revokes a certificate, he shall, if so requested by any person who could
have applied for the certificate or the renewal thereof, state his reasons
in writing for so doing.
(6) Where a certificate under this
section with reference to any young person is granted or renewed subject to
such conditions as are referred to in clause (b) of sub-section (3), the young
person shall not be required or allowed to work in any factory except in
accordance with those conditions.
(7) Any fee payable for a
certificate under this section shall be paid by the occupier and shall not be
recoverable from the young person, his parents or guardian.
Section 70 - Effect of certificate of fitness granted to adolescent
(1) An adolescent who has been
granted a certificate of fitness to work in a factory as an adult under clause
(b) of sub-section (2) of section 69, and who while at work in a factory
carries a token giving reference to the certificate, shall be deemed to be an
adult for all the purposes of Chapter VI and VIII.
[150][***]
[151][(1A) No female adolescent or
a male adolescent who has not attained the age of seventeen years but who has
been granted a certificate of fitness to work in a factory as an adult, shall
be required or allowed to work in any factory except between 6 A.M.
and 7 P.M. :
Provided that the
State Government may, by notification in the Official Gazelle, in respect of
any factory or group or class or description of factories,--
(i) vary the limits laid down in
this sub-section so, however, that no such section shall authorise the
employment of any female adolescent between 10 P.M.
and 5 A.M.
(ii) grant exemption from the
provisions of this sub-section in case of serious emergency where national
interest is involved.]
(2) An adolescent who has not been
granted a certificate of fitness to work in a factory as an adult under the
aforesaid clause (b) shall, notwithstanding his age, be deemed to be a
child for all the purposes of this Act.
Section 71 - Working hours for children
(1) No child shall be employed or
permitted to work, in any factory--
(a) for more than four and a half
hours in any day;
[152][(b) during the night.
Explanation.--For
the purpose of this sub-section "night" shall mean a period of
at least twelve consecutive hours which shall include the interval
between 10 P.M. and 6 A.M.]
(2) The period of work of all
children employed in a factory shall be limited to two shifts which shall not
overlap or spread over more than five hours each; and each child shall be
employed in only one of the relays which shall not, except with the previous
permission in writing of the Chief Inspector, be changed more frequently than
once in a period of thirty days.
(3) The provisions of
section 52 shall apply also to child workers and no exemption from
the provisions of that section may be granted in respect of any child.
(4) No child shall be required or
allowed to work in any factory on any day on which he has already been working
in another factory.
[153][(5) No female child shall be
required or allowed to work in any factory except between 8 A.M.
and 7P.M.]
Section 72 - Notice of periods of work for children
(1) There shall be displayed and
correctly maintained in every factory in which children are employed, in
accordance with the provisions of sub-section (2) of section 108 a
notice of periods of work for children, showing clearly for every day the
periods during which children may be required or allowed to work.
(2) The periods shown in the
notice required by sub-section (1) shall be fixed beforehand in accordance with
the method laid down for adult workers in section 61, and shall be
such that children working for those periods would not be working in
contravention of any of the provisions of section 71.
(3) The provisions of sub-sections
(8), (9) and (10) of section 61 shall apply also to the notice
required by sub-section (1) of this section.
Section 73 - Register of child workers
(1) The manager of every factory
in which children are employed shall maintain a register of child workers, to
be available to the Inspector at all times during working hours or when
any work is being carried on in a factory, showing--
(a) the name of each child worker
in the factory,
(b) the nature of his work,
(c) the group, if any, in
which he is included,
(d) where his group works on
shifts, the relay to which he is allotted, and
(e) the number of his certificate
of fitness granted under section 69.
[154][(1A) No child worker shall be
required or allowed to work in any factory unless his name and other
particulars have been entered in the register of child workers.]
(2) The State Government may
prescribe the form of the register of child workers, the manner in which it
shall be maintained and the period for which it shall be preserved.
Section 74 - Hours of work to correspond with notice under section 72 and register under section 73
No child worker
shall be employed in any factory otherwise than in accordance with the notice
of periods of work for children displayed in the factory and the entries
made beforehand against his name in the register of child workers of the
factory.
Section 75 - Power to require medical examination
Where an Inspector is of
opinion--
(a) that any person working in a
factory without a certificate of fitness is a young person, or
(b) that a young person working in
a factory with a certificate of fitness is no longer fit to work in
the capacity stated therein, he may serve on the manager of the factory a
notice requiring that such person or young person, as the case may be, shall be
examined by a certifying surgeon, and such person or young person shall not, if
the Inspector so directs, be employed, or permitted to work, in any factory
until he has been so examined and has been granted a certificate of fitness or
a fresh certificate of fitness, as the case may be, under section 69, or
has been certified by the certifying surgeon examining him not to be a
young person.
Section 76 - Power to make rules
The State
Government may make rules--
(a) prescribing the forms of
certificates of fitness to be granted under section 69, providing for
the grant of duplicates in the event of toss of the original certificates, and
fixing the fees which may be charged for such certificates and renewals thereof
and such duplicates;
(b) prescribing the physical
standards to be attained by children and adolescents working in factories;
(c) regulating the procedure of
certifying surgeons under this Chapter;
(d) specifying other duties which
certifying surgeons may be required to perform in connection with the
employment of young persons in factories, and fixing the fees which may be
charged for such duties and the persons by whom they shall be payable.
Section 77 - Certain other provisions of law not barred
The provisions of
this Chapter shall be in addition to, and not in derogation of, the provisions
of the Employment of Children Act, 1938 (26 of 1938).
Chapter VIII - ANNUAL LEAVE WITH WAGES
[155][CHAPTER
Vlll
ANNUAL
LEAVE WITH WAGES
Section 78 - Application of Chapter
(1) The provisions of this Chapter
shall not operate to the prejudice of any right to which a worker may be
entitled under any other law or under the terms of any award,[156] [agreement (including settlement)] or contract of
service:
[157][Provided that if such award,
agreement (including settlement) or contract of service provides for a longer
annual leave with wages than provided in this Chapter, the quantum of
leave, which the worker shall be entitled to, shall be in accordance with such
award, agreement or contract of service, but in relation to matters not
provided for in such award, agreement or contract of service or matters which
are provided for less favourably therein, the provisions of
sections 79 to 82, so far as may be, shall apply.]
(2) The provisions of this Chapter
shall not apply to workers [158][in any factory] of any
railway administered by the Government, who are governed by leave rules
approved by the Central Government.
Section 79 - Annual leave with wages
(1) Every worker who has worked
for a period of 240 days or more in a factory during a calendar year
shall be allowed during the subsequent calendar year, leave with wages for a
number of days calculated at the rate of-
(i) if an adult, one day for every
twenty days of work performed by him during the previous calendar year;
(ii) if a child, one day for every
fifteen days of work performed by him during the previous calendar year.
Explanation 1.--For
the purpose of this sub-section--
(a) any days of lay off, by
agreement or contract or as permissible under the standing orders;
(b) in the case of a female
worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year
prior to that in which the leave is enjoyed, shall be deemed to be days on
which the worker has worked in a factory for the purpose of computation of the
period of 240 days or more, but he shall not earn leave for these
days.
Explanation 2.--The
leave admissible under this sub-section shall be exclusive of all holidays
whether occurring during or at either end of the period of leave.
(2) A worker whose service
commences otherwise than on the first day of January shall be entitled to leave
with wages at the rate laid down in clause (i) or, as the case may be, clause
(ii) of sub-section (1) if he has worked for two-thirds of the total number of
days in the remainder of the calendar year.
[159][(3) If a worker is discharged
or dismissed from service or quits his employment or is superannuated or
dies while in service, during the course of the calendar year, he or his
heir or nominee, as the case may be, shall be entitled to wages in lieu of the
quantum of leave to which he was entitled immediately before his
discharge, dismissal, quitting of employment, superannuating or death
calculated at the rates specified in sub?section (1) even if he had not worked
for the entire period specified in sub-section (1) or sub-section (2)
making him eligible to avail of such leave, and such payment shall be
made--
(i) where the worker is discharged
or dismissed or quits employment, before the expiry of the second working day
from the date of such discharge, dismissal or quitting; and
(ii) where the worker is
superannuated or dies while in service, before the expiry of two months from
the date of such superannuating or death.]
(4) In calculating leave under
this section, fraction of leave of half a day or more shall be treated as one
full day's leave, and fraction of less than half a day shall be omitted.
(5) If a worker does not in any
one calendar year take the whole of the leave allowed to him under
sub-section (1) or sub-section (2), as the case may be, any leave not taken
by him shall be added to the leave to be allowed to him in the
succeeding calendar year :
Provided that the
total number of days of leave that may be carried forward to a succeeding year
shall not exceed thirty in the case of an adult or forty in the case of a child
:
Provided further
that a worker, who has applied for leave with wages but has not been given such
leave in accordance with any scheme laid down in sub-sections (8) and (9) [160][or in contravention of
sub-section (10)] shall be entitled to carry forward the [161][leave refused] without any
limit.
(6) A worker may at any time
apply in writing to the manager of a factory not less than fifteen days before
the date on which he wishes his leave to begin, to take all the leave or
any portion thereof allowable to him during the calendar year :
Provided that the
application shall be made not less than thirty days before the date on which
the worker wishes his leave to begin, if he is employed in a public
utility service as defined in clause (n) of section 2 of the Industrial
Disputes Act. 1947 (14 of 1947):
Provided further
that the number of times in which leave may be taken during any year shall not
exceed three.
(7) If a worker wants to
avail himself of the leave with wages due to him to cover a period of
illness, he shall be granted such leave even if the application for leave is
not made within the time specified in sub-section (6); and in such a case wages
as admissible under section 81 shall be paid not later than fifteen days, or in
the case of a public utility service not later than thirty days from the date
of the application for leave.
(8) For the purpose of
ensuring the continuity of work, the occupier or manager of the factory, in
agreement with the Works Committee of the factory constituted under section 3 of the Industrial
Disputes Act, 1947 (14 of 1947), or a similar
Committee constituted under any other Act or if there is no such
Works Committee or a similar Committee in the factory, in agreement with the
representatives of the workers therein chosen in the prescribed manner, may
lodge with the Chief Inspector a scheme in writing whereby the grant of leave
allowable under this section may be regulated.
(9) A scheme lodged under
sub-section (8) shall be displayed at some conspicuous and convenient places in
the factory and shall be in force for a period of twelve months from the date
on which it comes into force, and may thereafter be renewed with or without
modification for a further period of twelve months at a time, by the manager in
agreement with the Works Committee or a similar Committee, or as the case may
be, in agreement with the representatives of the workers as specified in
sub-section (8), and a notice of renewal shall be sent to the Chief Inspector
before it is renewed.
(10) An application for leave which does
not contravene the provisions of sub?section (6) shall not be refused, unless
refusal is in accordance with the scheme for the time being in operation under
sub-sections (8) and (9).
(11) If the employment of a worker who
is entitled to leave under sub-section (1) or sub-section (2), as the case may
be, is terminated by the occupier before he has taken the entire leave to which
he is entitled, or if having applied for and having not been granted such
leave, the worker quits his employment, before he has taken the leave, the
occupier of the factory shall pay him the amount payable under
section 80 in respect of the leave not taken, and such payment shall
be made, where the employment of the worker is terminated by the occupier,
before the expiry of the second working day after such termination, and where a
worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker
shall not be taken into consideration in computing the period of any notice
required to be given before discharge or dismissal.
[STATE AMENDMENTS
[Maharashtra
[162][In Section 79
In sub-section
(1),--
(a) for the figures and word
"240 days" the figures and word "90 days" shall be
substituted;
(b) in Explanation 1, for the
figures and word "240 days" the figures and word "90 days"
shall be substituted.]
Section 80 - Wages during leave period
(1) For the leave allowed
to him under [163][section 78 or
section 79, as the case may be,] a worker[164][shall be entitled to wages]
at a rate equal to the daily average of his total full time earnings for
the days on which [165][he actually worked] during
the month immediately preceding his leave, exclusive of any overtime and
bonus but inclusive of dearness allowance and the cash equivalent of the
advantage accruing through the concessional sale to the worker of food grains
and other articles:
[166][Provided that in the case of
a worker who has not worked on any day during the calendar month immediately
preceding his leave, he shall be paid at a rate equal to the daily average
of his total full time earnings for the days on which he actually worked
during the last calendar month preceding his leave, in which he actually
worked, exclusive of any overtime and bonus but inclusive of dearness allowance
and the cash equivalent of the advantage accruing through the concessional sale
to the workers of food grains and other articles.]
(2) The cash equivalent of the
advantage accruing through the concessional sale to the worker of food grains
and other articles shall be computed as often as may be prescribed, on the
basis of the maximum quantity of food grains and other articles
admissible to a standard family.
Explanation 1.--"Standard
family" means a family consisting of a worker, his or her spouse
and two children below the age of fourteen years requiring in all three adult
consumption units.
Explanation 2.--"Adult
consumption unit" means the consumption unit of a male above the age
of fourteen years; and the consumption unit of a female above the age of
fourteen years and that of a child below the age of fourteen years shall be
calculated at the rates of 0 .8 and 0 .6 respectively
of one adult consumption unit.
(3) The State Government may make
rules prescribing--
(a) the manner in which the cash
equivalent of the advantage accruing through the concessional sale to a worker
of food grains 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.
Section 81 - Payment in advance in certain cases
A worker who has
been allowed leave for not less than four days, in the case of an adult, and
five days, in the case of a child, shall, before his leave begins be paid the
wages due for the period of the leave allowed.
Section 82 - Mode of recovery of unpaid wages
Any sum required
to be paid by an employer, under his Chapter but not paid by him
shall be recoverable as delayed wages under the provisions of the Payment of
Wages Act, 1936 (4 of 1936).
Section 83 - Power to make rules
The State Government
may make rules directing man?agers of factories to keep registers
containing such particulars as may be prescribed and requiring the registers to
be made available for examination by Inspectors.
Section 84 - Power to exemptfactories
Where the State
Government is satisfied that the leave rules applicable to workers in a factory
provide benefits which in its opinion are not less favourable than those for
which this Chapter makes provision it may, by written order; exempt the factory
from all or any of the provisions of this Chapter subject to such conditions as
may be specified in the order.]
[167][Explanation.--For the
purposes of this section, in deciding whether the benefits which are provided
for by any leave rules are less favourable than those for which this Chapter
makes provision, or not, the totality of the benefits shall be taken into
account.]
Section 85 - Power to apply theactto certain premises
(1) The State Government may, by
notification in the Official Gazette, declare that all or any of the provisions
of this Act shall apply to any place wherein a manufacturing process
is carried on with or without the aid of power or is so ordinarily carried on,
notwithstanding that?
(i) the number of persons employed
therein is less than ten, if working with the aid of power and less than twenty
if working without the aid of power, or
(ii) the persons working therein
are not employed by the owner thereof but are working with the permission of,
or under agreement with, such owner:
Provided that the
manufacturing process is not being carried on by the owner only with the aid
of his family.
(2) After a place is so declared,
it shall be deemed to be a factory for the purposes of this Act, and the
owner shall be deemed to be the occupier, and any person working therein, a
worker.
Explanation.--For
the purposes of this section, "owner" shall include a lessee or
mortgage with possession of the premises.
[STATE AMENDMENTS
[168][West Bengal
Excepting clauses
(aa), (b) and (c) of sub-section (1) of section 6 in Chapter I, sections 43,
46, 47, 48, 49 and 50 in Chapter V and Chapters VI and VIII, of
the Act shall apply to any place in the State of West Bengal wherein
the manufacturing processes specified in the Schedule below are carried on with
or without the aid of power or is ordinarily so carried on, notwithstanding
that--
(I) The number of persons employed
therein is less than ten, if working with the aid of power and less than twenty
if working without the aid of power, or,
(II) The persons working therein
are not employed by the owner thereof but are working with the permission of,
or under agreement with, such owner:
Provided that the
said manufacturing processes are not being carried on by the owner only with
the aid of his family.
SCHEDULE
2. Manufacture of rubber and
plastic products,
3. Manufacturing process
involving repair of Motor Vehicles and Motor Cycles,
4. Manufacturing process using or
producing explosive or highly inflammable articles or substances,
5. Fire-works manufacturing and
its packaging units,
6. Manufacturing of Leather
goods,
7. Manufacturing of Ice using
ammonia as refrigerant,
8. Pesticides formulation unit,
9. Manufacturing, handling and
processing of asbestos and its products.]
[Maharashtra
[169][In Section 85
In sub-section
(1), in clause (i),--
(a) after the words "less
than ten" the words "or such number of workers as may be specified by
the State Government under sub-clause (i) of clause (m) of section 2"
shall be inserted;
(b) after the words "less
than twenty" the words " or such number of workers as may be
specified by the State Government under sub-clause (ii) of clause (m) of
section 2, " shall be inserted.]
[Rajasthan
[170][In Section 85
The existing words
"ten" and "twenty", the words "twenty" and
"forty" shall be substituted respectively.]
[Andhra Pradesh
[171][In Section 85
In sub-section
(1), in clause (i), for the word "ten", the word "twenty"
and for the word "twenty", the word "forty" shall be
substituted respectively.]]]
[BIHAR
[172][In the Factories Act, 1948,
in the Clause (i) of sub section 1 of Section-85 of the Act, for the word
"ten", the word "twenty"and for the word
"twenty", the word "forty" shall be substituted.
[173][Punjab
In the
principal Act, in section 85, in sub-section (1), in clause (i), for the
words "ten" and "twenty", the words "twenty" and
"forty" shall, respectively, be substituted.]
[174][Haryana
In clause (i) of
sub-section (1) of section 85 of the principal Act, for the words ?ten? and
?twenty?, the words ?twenty? and ?forty? shall respectively be substituted.]
Section 86 - Power to exempt public institutions
The State
Government may exempt, subject to such conditions as it may consider necessary,
any workshop or workplace where a manufacturing process is carried on and which
is attached to a public institution maintained for the purposes of education,[175] [training, research] or
reformation, from all or any of the provisions of this Act:
Provided that no
exemption shall be granted from the provisions relating to hours of work and
holidays, unless the persons having the control of the institution submit, for
the approval of the State Government, a scheme for the regulation of the hours
of employment, intervals for meals, and holidays of the persons employed in or
attending the institution or who are inmates of the institution, and the State
Government is satisfied that the provisions of the scheme are not less
favourable than the corresponding provisions of this Act.
Section 87 - Dangerous operations
Where the State
Government is of opinion that any [176][manufacturing process or
operation] carried on in a factory exposes any persons employed in it to a
serious risk of bodily injury, poisoning or disease, it may make rules applicable
to any factory or class or description of factories in which
the [177][manufacturing process or
operation] is carried on--
(a) specifying the [178][manufacturing process or
operation] and declaring it to be dangerous;
(b) prohibiting or restricting the
employment of women, adolescents or children in the [179][manufacturing process or
operation];
(c) providing for the
periodical medical examination of persons employed, or seeking to be
employed, in the [180][manufacturing process or
operation], and prohibiting the employment or persons not certified as fit for
such employment [181][and requiring the payment by
the occupier of the factory of fees for such medical examination];
(d) providing for the protection
of all persons employed in the [182][manufacturing process or
operation] or in the vicinity of the places where it is carried on;
(e) prohibiting, restricting or
controlling the use of any specified materials or processes in connection with
the [183][manufacturing process or
operation];
[184][(f) requiring the provision
of additional welfare amenities and sanitary facilities and the supply of
protective equipment and clothing, and laying down the standards thereof,
having regard to the dangerous nature of the manufacturing process or
operation.
[185][***]
Section 87A - Power to prohibit employment on account of serious hazard
[186][87A. Power to prohibit
employment on account of serious hazard
(1) Where it appears to the
Inspector that conditions in a factory or part thereof are such that they may
cause serious hazard by way of injury or death to the persons employed therein
or to the general public in the vicinity, he may, by order in writing to the
occupier of the factory, state the particulars in respect of which he considers
the factory or part thereof to be the cause of such serious hazard and prohibit
such occupier from employing any person in the factory or any part thereof
other than the minimum number of persons necessary to attend to the minimum
tasks till the hazard is removed.
(2) Any order issued by the
Inspector under sub-section (1) shall have effect for a period of three days
until extended by the Chief Inspector by a subsequent order.
(3) Any person aggrieved by an
order of the Inspector under sub-section (1), and the Chief Inspector under
sub-section (2), shall have the right to appeal to the High Court.
(4) Any person whose employment
has been affected by an order issued under sub?section (1), shall be entitled
to wages and other benefits and it shall be the duty of the occupier to provide
alternative employment to him wherever possible and in the manner
prescribed.
(5) The provisions of sub-section
(4) shall be without prejudice to the rights of the parties under the
Industrial Disputes Act, 1947 (14 of 1947).]
Section 88 - Notice of certain accidents
[187][(1)] Where in any factory an
accident occurs which causes death, or which causes any bodily injury by reason
of which the person injured is prevented from working for a period of
forty-eight hours or more immediately following the accident, or which is of
such nature as may be prescribed in this behalf, the manager of the factory
shall send notice thereof to such authorities, and in such form and within such
time, as may be prescribed.
[188][(2) Where a notice given
under sub-section (1) relates to an accident causing death, the authority to
whom the notice is sent shall make an inquiry into the occurrence within one
month of the receipt of the notice or, if such authority is not the Inspector,
cause the Inspector to make an inquiry within the said period.
(3) The State Government may make
rules for regulating the procedure at inquiries under this section.]
Section 88A - Notice of certain dangerous occurrences
[189] [88A. Notice of certain
dangerous occurrences
Where in a factory
any dangerous occurrence of such nature as may be prescribed occurs, whether
causing any bodily injury or disability or not, the manager of the factory
shall send notice thereof to such authorities, and in such form and within such
lime, as may be prescribed.]
Section 89 - Notice of certain diseases
(1) Where any worker in a factory
contracts any disease specified in[190] [the Third Schedule], the
manager of the factory shall send notice thereof to such authorities, and in
such form and within such time, as may be prescribed.
(2) If any medical practitioner
attends on a person who is or has been employed in a factory, and who is, or is
believed by the medical practitioner to be, suffering from any disease
specified in[191] [the Third Schedule],
the medical practitioner shall without delay send a report in writing to the
office of the Chief Inspector stating-
(a) the name and full postal
address of the patient,
(b) the disease from which he
believes the patient to be suffering, and
(c) the name and address of the
factory in which the patient is, or was last, employed.
(3) Where the report under
sub-section (2) is confirmed to the satisfaction of the Chief Inspector, by the
certificate of a certifying surgeon or otherwise, that the person is suffering
from a disease specified in[192] [the Third Schedule], he
shall pay to the medical practitioner such fee as may be prescribed, and the
fee so paid shall be recoverable as an arrear of land-revenue from the occupier
of the factory in which the person contracted the disease.
(4) If any medical practitioner
fails to comply with the provisions of sub-section (2), he shall be punishable
with fine which may extend to[193] [one thousand rupees].
[194] [(5) The Central
Government may, by notification in the Official Gazette, add to or alter the
Third Schedule and any such addition or alteration shall have effect as if it
had been made by this Act.]
Section 90 - Power to direct enquiry into cases of accident or disease
(1) The State Government may, if
it considers it expedient so to do, appoint a competent person to inquire into
the causes of any accident occurring in a factory or into any case where a
disease specified in [195] [the Third Schedule] has
been, or is suspected to have been contracted in a factory, and may also
appoint one or more persons possessing legal or special knowledge
to act as assessors in such inquiry.
(2) The person appointed to hold
an inquiry under this section shall have all the powers of a Civil Court under
the Code of Civil Procedure, 1908 (5 of 1908), for the
purposes of enforcing the attendance of witnesses and compelling the production
of documents and material objects, and may also, so far as may be necessary for
the purposes of the inquiry, exercise any of the powers of an Inspector under
this Act; and every person required by the person making the inquiry to
furnish any information shall be deemed to be legally bound so to do within
the meaning of section
176 of the
Indian Penal Code (45 of 1860).
(3) The person holding an inquiry
under this section shall make a report to the State Government stating the
causes of the accident, or as the case may be, disease, and any attendant
circumstances, and addition any observations which he or any of the assessors
may think fit to make.
(4) The State Government may, if
it thinks fit, cause to be published any report made under this section or any
extracts therefrom.
(5) The State Government may make
rules for regulating the procedure at inquiries under this section.
Section 91 - Power to take samples
(1) An Inspector may at any time
during the normal working hours of a factory, after informing the occupier or
manager of the factory or other person for the time being purporting to be in
charge of the factory, take in the manner hereinafter provided a sufficient
sample of any substances used or intended to be used in the factory, such use
being--
(a) in the belief of the Inspector
in contravention of any of the provisions of this Act or the rules
made there under, or
(b) in the opinion of the
Inspector likely to cause bodily injury to, or injury to the health of, workers
in the factory.
(2) Where the Inspector takes
a sample under sub-section (1), he shall, in the presence of the person
informed under that sub-section unless such person willfully
absents himself, divide the sample into three portions and effectively
seal and suitably mark them, and shall permit such person to add his own seal
and mark thereto.
(3) The person informed as
aforesaid shall, if the Inspector so requires, provide the appliances for
dividing, sealing and marking the sample taken under this section.
(4) The Inspector shall--
(a) forthwith give one portion of
the sample to the person informed under sub?section (1);
(b) forthwith send the second
portion to a Government Analyst for analysis and report thereon;
(c) retain the third portion for
production to the Court before which proceedings, if any, are instituted in
respect of the substance.
(5) Any document purporting to be
a report under the hand of any Government Analyst upon any substance submitted
to him for analysis and report under this section, may be used as evidence
in any proceedings instituted in respect of the substance.
Section 91A - Safety and occupational health surveys
[196] [91A. Safety and
occupational health surveys
(1) The Chief Inspector, or the
Director General of Factory Advice Service and Labour Institutes, or the
Director General of Health Services , to the Government of India, or such
other officer as may be authorised in this behalf by the State Government or
the Chief Inspector or the Director General of Factory Advice Service and
Labour Institutes or the Director General of Health Services may, at any time
during the normal working hours of a factory, or at any other time as is found
by him to be necessary, after giving notice in writing to the occupier or
manager of the factory or any other person who for the time being purports to
be in charge of the factory, undertake safety and occupational health surveys,
and such occupier or manager or other person shall afford all facilities for
such every, including facilities for the examination and testing of plant and
machinery and collection of samples and other data relevant to the survey.
(2) For the purpose of
facilitating surveys under sub-section (1) every worker shall, if so required
by the person conducting the survey, present himself to undergo
such medical examination as may be considered necessary by such person and
furnish all information in his possession and relevant to the survey.
(3) Any time spent by a worker for
undergoing medical examination or furnishing information under sub-section
(2) shall, for the purpose of calculating wages and extra wages for overtime
work, be deemed to be time during which such worker worked in the
factory.]
[197] [Explanation.--For the
purposes of this section, the report, if any, submitted to the State Government
by the person conducting the survey under sub-section (1) shall be deemed to be
a report submitted by an Inspector under this Act.]
Section 92 - General penalty for offences
Save as is
otherwise expressly provided in this Act and subject to the
provisions of section 93 , if in, o r in respect of, any factor there is any
contravention of any of the provisions of this Act or of any rules
made there under or of any order in writing given there under, the occupier and
manager of the factory shall each be guilty of an offence and punishable with
imprisonment for a term which may extend to[198] [two years] or with fine
which may extend to[199] [one lakh rupees] or with
both, and if the contravention is continued after conviction, with a further
fine which may extend to[200] [one thousand rupees]
for each day on which the contravention is so continued:
[201] [Provided that where
contravention of any of the provisions of Chapter IV or any rule made there
under or under section 87 has resulted in an accident causing death or serious
bodily injury, the fine shall not be less than[202] [twenty-five thousand
rupees] in the case of an accident causing death, and[203] [five thousand rupees]
in the case of an accident causing serious bodily injury.
Explanation.--In
this section and in section 94 "serious bodily injury" means an
injury which involves, or in all probability will involve, the permanent loss
of the use of, or permanent injury to, any limb or the permanent loss of, or
injury to, sight or hearing, or the fracture of any bone, but shall not include,
the fracture of bone or joint (not being fracture of more than one bone or
joint) of any phalanges of the hand or foot.]
[STATE AMENDMENTS
[Maharashtra
[204] [After Section 92
The following
section shall be inserted, namely:--
"92A.
Compounding of certain offences
(1) The State Government may, by
notification in the Official Gazette, prescribe in respect of the offences
specified in the Fourth Schedule, which may before the institution of the
prosecution, be compounded by such officer not below the rank of Deputy Chief
Inspector of Factories and for such amount as may be prescribed but
the amount of fine shall not be more than the fine prescribed under section 92:
Provided that, the
State Government may, by notification in the Official Gazette, amend the Fourth
Schedule by way of addition, omission or variation of any offence specified in
the said Schedule.
(2) Where an offence has been
compounded under sub-section (1), no further proceedings shall be taken against
the offender in respect of such offence.".]
Section 93 - Liability of owner of premises in certain circumstances
[205] [93. Liability of owner
of premises in certain circumstances
(1) Where in any premises separate
buildings are leased to different occupiers for use as separate factories,
the owner of the premises shall be responsible for the provision and
maintenance of common facilities and services, such as approach roads,
drainage, water supply, lighting and sanitation.
(2) The Chief Inspector shall
have, subject to the control of the State Government, power to issue orders to
the owner of the premises in respect of the carrying out of the provisions of
sub-section (1).
(3) Where is any premises,
independent or self-contained, floors or flats are leased to different
occupiers for use as separate factories, the owner of the premises shall
be liable as if he were the occupier or manager of a factory, for any
contravention of the provisions of this Act in respect of--
(i) latrines, urinals and washing
facilities in so far as the maintenance of the common supply of water for these
purposes is concerned;
(ii) fencing of machinery and plant
belonging to the owner and not specifically entrusted to the custody or user of
an occupier;
(iii) safe means of access to
the floors or flats and maintenance and cleanliness of staircases and common
passages;
(iv) precautions in case of fire;
(v) maintenance of hoists and
lifts; and
(vi) maintenance of any other
common facilities provided in the premises.
(4) The Chief Inspector shall
have, subject to the control of the State Government, power to issue orders to
the owner of the premises in respect of the carrying out the provisions of
sub-section (3).
(5) The provisions of sub-section
(3) relating to the liability of the owner shall apply where in any premises
independent rooms with common latrines, urinals and washing facilities are
leased to different occupiers for use as separate factories:
Provided that the
owner shall be responsible also for complying with the requirements relating to
the provision and maintenance of latrines, urinals and washing facilities.
(6) The Chief Inspector shall
have, subject to the control of the State Government, the power to issue orders
to the owner of the premises referred to in sub-section (5) in respect of the
carrying out of the provisions of section 46 or section 48.
(7) Where in any premises portions
of a room or a shed are leased to different occupiers for use as
separate factories, the owner of the premises shall be liable for any
contravention of the provisions of--
(i) Chapter III, except
sections 14 and 15;
(ii) Chapter IV, except
sections 22, 23, 27, 34, 35 and 36:
Provided that in
respect of the provisions of
sections 21, 24 and 32 the owner's liability shall be
only in so far as such provisions relate to things under his control:
Provided further
that the occupier shall be responsible for complying with the provisions of
Chapter IV in respect of plant and machinery belonging to or supplied
by him;
(iii) section 42.
(8) The Chief Inspector shall
have, subject to the control of the State Government, power to issue orders to
the owner of the premises in respect of the carrying out the provisions of
sub-section (7).
(9) In respect of sub-sections (5)
and (7), while computing for the purposes of any of the provisions of
this Act the total number of workers employed, the whole of the
premises shall be deemed to be a single factory.]
Section 94 - Enhanced penalty after previous conviction
[206] [(1)] If any person who
has been convicted of any offence punishable under section 92 is again guilty
of an offence involving a contravention of the same provision, he shall be
punishable on a subsequent conviction with imprisonment for a term which may
extend to[207] [three years] or with
fine[208] [which shall not be less than[209] [ten thousand rupees]
but which may extend to[210] [two lakh rupees]] or with
both :
[211] [Provided that the court
may, for any adequate and special reasons to be mentioned in the judgment,
impose a fine of less than[212] [ten thousand rupees]:
Provided further
that where contravention of any of the provisions of Chapter IV or any rule
made there under or under section 87 has resulted in an accident causing death
or serious bodily injury, the fine shall not be less than[213] [thirty-five thousand
rupees] in the case of an accident causing death and[214] [ten thousand rupees] in
the case of an accident causing serious bodily injury.]
[215] [(2) For the purposes of
sub-section (1) no cognizance shall be taken of any conviction made more than
two years before the commission or the offence for which the person is
subsequently being convicted.]
Section 95 - Penalty for obstructing Inspector
Whoever willfully
obstructs an Inspector in the exercise of any power conferred on hi m by or
under this Act, or fails to produce on demand by an Inspector any
registers or other documents in hi s custody kept in pursuance of
this Act or of any rules made there under, or conceals or prevents
any worker in a factory from appearing before, or being examined by, a n
Inspector, shall be punishable with imprisonment for a term which may extend to[216] [six months] or with
fine which may extend to[217] [ten thousand rupees] or
with both.
Section 96 - Penalty for wrongfully disclosing results of analysis under section 91
Whoever, except in
so far as it may be necessary for the purposes of a prosecution for any offence
punishable under this Act, publishes or discloses to any person the
results of an analysis made under section 91 , shall be punishable with imprisonment
for a term which may extend to[218] [six months] or with
fine which may extend to[219] [ten thousand rupees] or
with both.
Section 96A - Penalty for contravention of the provisions of sections 41B, 41C and 41H
[220] [ 96A . Penalty for
contravention of the provisions of sections 41B , 41 C and 41 H
(1) Whoever fails to comply with
or contravenes any of the provisions of section 41B , 41 C or 41 H or the rules
made there under, shall, in respect of such failure or contravention, be
punishable with imprisonment for a term which may extend to seven years and
with fine which may extend to two lakh rupees, and in case the failure or
contravention continues, with additional fine which may extend to five thousand
rupees for every day during which such failure or contravention continues after
the conviction for the first such failure or contravention.
(2) If the failure or
contravention referred to in sub-section (1) continues beyond a period of one
year after the date of conviction, the offender shall be punishable with
imprisonment for a term which may extend to ten years.]
Section 97 - Offences by workers
(1) Subject to the provisions of
section 111 , if any worker employed in a factory contravenes any provision of
this Act or any rules or orders made there under, imposing any duty
or liability on workers, he shall be punishable with fine which may extend to[221] [five hundred rupees].
(2) Where a worker is convicted of
an offence punishable under sub-section (1) the occupier or manager of the
factory shall not be deemed to be guilty of an offence in respect of that
contravention, unless it is proved that he failed to take all reasonable
measures for its prevention.
Section 98 - Penalty for using false certificate of fitness
Whoever knowingly
uses or attempts to use, as a certificate of fitness granted to himself under
section 70 , a certificate granted to another person under that section, or
who, having procured such a certificate, knowingly allows it to be used, or an
attempt to use it to be made, by another person, shall be punishable with
imprisonment for a term which may extend to[222] [two months] or with
fine which may extend to[223] [one thousand rupees] or
with both.
Section 99 - Penalty for permitting double employment of child
If a child works
in a factory on any day on which he has already been working in another
factory, the parent or guardian of the child or the person having custody of or
control over hi m or obtaining any direct benefit from hi s wages, shall be
punishable with fine which may extend to[224] [one thousand rupees],
unless it appears to the Court that the child so worked without the consent or
connivance of such parent, guardian or person.
Section 100 - Detention of occupier in certain cases [Repeald]
Repealed by the Factories (Amendment) Act,
1987 (20 of 1987). Section 38 (w.e.f. 1-12-1987).
Section 101 - Exemption of occupier or manager from liability in certain cases
Where the occupier
or manager of a factory is charged with an offence punishable under
this Act, he shall be untitled, upon complaint duly made by him and
on giving to the prosecutor not less than three clear days' notice in writing
of his intention so to do, to have any other person whom he charges as the
actual offender brought before the Court at the time appointed for hearing the
charge; and if, after the commission of the offence has been proved, the
occupier or manager of the factory, as the case may be, proves to the
satisfaction of the Court--
(a) that he has used due diligence
to enforce the execution of this Act, and
(b) that the said other person
committed the offence in question without his knowledge, consent or
connivance, that other person shall be convicted of the offence and shall be
liable to the like punishment as if he were the occupier or manager of the
factory, and the occupier or manager, as the case may be, shall be discharged
from any liability under this Act in respect of such offence:
Provided that in
seeking to prove as aforesaid, the occupier or manager of the factory, as the
case may be, may be examined on oath, and his evidence and that of any
witness whom he calls in his support shall be subject to cross-examination
on behalf of the person he charges as the actual offender and by the
prosecutor:
Provided further that,
if the person charged as the actual offender by the occupier or manager cannot
be brought before the Court at the time appointed for hearing the charge, the
Court shall adjourn the hearing from time to time for a period not exceeding
three months and if by the end of the said period the person charged as the
actual offender cannot still be brought before the Court, the Court shall
proceed to hear the charge against the occupier or manager and shall, if the
offence be proved, convict the occupier or manager.
Section 102 - Power of Court to make orders
(1) Where the occupier or manager
of a factory is convicted of an offence punishable under this Act the
Court may, in addition to awarding any punishment, by order in writing
require him, within a period specified in the order (which the court may,
if it thinks fit and on application in such behalf, from time to time extend)
to take such measures as may be so specified for remedying the matters in
respect of which the offence was committed.
(2) Where an order is made under
sub-section (1) the occupier or manager of the factory, as the case may be,
shall not be liable under this Act in respect of the continuation of
the offence during the period or extended period, if any, allowed by the Court,
but if, on the expiry of such period or extended period, as the case may be,
the order or the Court has not been fully complied with, the occupier or
manager, as the case may be, shall be deemed to have committed a further
offence, and may be sentenced therefore by the Court to undergo imprisonment
for a term which may extend to six months or to pay a fine which may extend to
one hundred rupees for every day after such expiry on which the order has not
been complied with, or both to undergo such imprisonment and to pay such fine,
as aforesaid.
Section 103 - Presumption as to employment
If a person is
found in a factory at any time, except during intervals for meals or rest,
when work is going on or the machinery is in motion, he shall until the
contrary is proved, be deemed for the purposes of this Act and the
rules made there under to have been at that time employed in the factory.
Section 104 - Onus as to age
(1) When any act or
omission would, if a person wear under a certain age, be an offence punishable
under this Act, and such person is in the opinion of the Court prima facie
under such age, the burden shall be on the accused to prove that such person is
no under such age.
(2) A declaration in writing by a
certifying surgeon relating to a worker that he has personally examined him and
believes him to be under the age stated is such declaration shall, for the
purposes of this Act and the rules made there under, be admissible as
evidence of the age of that worker.
Section 104A - Onus of proving limits of what is practicable, etc
[225][104A. Onus of proving limits
of what is practicable, etc
In any proceeding
for an offence for the contravention of any provision of this Act or
rules made there under consisting of a failure to comply with a duty or
requirement to do something, it shall be for the person who is alleged to have
failed to comply with such duty or requirement, to prove that it was not
reasonably practicable or, as the case may be, all practicable measures
were taken to satisfy the duty or requirement.]
Section 105 - Cognizance of offences
(1) No Court shall take cognizance
of any offence under this Act except on complaint by, or with the
previous sanction in writing of, an Inspector.
(2) No Court below that of a
Presidency Magistrate or of a Magistrate of the first class shall try any
offence punishable under this Act.
[STATE AMENDMENTS
[226][Himachal Pradesh
In Section 105, in
sub-section (2), omit the words " of a Presidency Magistrate or".
[Maharashtra
[227][In Section 105
In sub-section
(1), for the words "an Inspector" the words "the Chief
Inspector" shall be substituted.]
[Rajasthan
[228][In Section 105
The following
shall be substituted, namely:--
"(1) No Court
shall take cognizance of any offence under this Act except on
complaint by an Inspector with the previous sanction in writing by the State
Government.".]
[Andhra Pradesh
[229][In Section 105
For sub-section
(1), the following shall be substituted, namely,-
"(1) No Court
shall take cognizance of any offence under this Act except on a
complaint made by an inspector with the previous sanction in writing by the
State Government."]
[230][Haryana
For sub-section
(1) of section 105 of the principal Act, the following sub-section shall be
substituted, namely:-
?(1) No
Court shall take cognizance of any offence under this Act except on a complaint
by an Inspector with the previous sanction in writing of the Chief Inspector.?.]
Section 106 - Limitation of prosecutions
No Court shall
take cognizance of any offence punishable under this Act unless
complaint thereof is made within three months of the date on which the alleged
commission of the offence came to the knowledge of an Inspector:
Provided that
where the offence consists of disobeying a written order made by an Inspector,
complaint thereof may be made within six months of the date on which the
offence is alleged to have been committed.
[231][Explanation.--For the
purposes of this section,--
(a) in the case of a continuing
offence, the period of limitation shall be computed with reference to every
point of time during which the offence continues ;
(b) where for the performance of
any act time is granted or extended on an application made by the
occupier or manager of a factory, the period of limitation shall be computed
from the date on which the time so granted or extended expired.]
STATE AMENDMENT
[232]Uttar Pradesh :
After section 106,
insert the following section.--
"106A.
Compounding in offences.--The Inspector may, subject to any general or special
order of the State Government in this behalf, compound any offences punishable
under this Act with fine only, and committed for the first time,
either before or after the institution of the prosecution, on realisation of
such amount of composition fee as he thinks fit not exceeding the maximum
amount of fine fixed for the offence; and where the offence is so compounded,--
(i) before the
institution of the prosecution, the offender shall not be liable to
prosecution, for such offence and shall, if in custody, be set at liberty;
(ii) after the institution
of the prosecution the composition shall amount to acquittal of the
offender."
Section 106A - Jurisdiction of a court for entertaining proceedings, etc., for offence
[233][106A. Jurisdiction of a
court for entertaining proceedings, etc., for offence
For the purposes
of conferring jurisdiction on any court in relation to an offence under
this Act or the rules made there under in connection with the
operation of any plant, the place where the plant is for the time being situate
shall be deemed to be the place where such offence has been committed.]
[Rajasthan
[234][After Section 106A
The following
shall be inserted, namely:--
"106-B.
Compounding of offences:-
The Inspector may,
subject to any general or special order of the State Government in this behalf,
compound any offence punishable under this Act with fine only, and
committed for the first time, either before or after the institution of the
prosecution, on realisation of such amount of composition fee as he thinks fit
not exceeding the maximum amount of fine fixed for the offence; and where the
offence is so compounded,--
(i) before the institution
of the prosecution, the offender shall not be liable to prosecution, for such
offence and shall, if in custody, be set at liberty;
(ii) after the institution
of the prosecution the composition shall amount to acquittal of the
offender.".]
[Andhra Pradesh
[235][After Section 106A
The following new
section shall be added, namely:-
106B.
"Compounding of offences:-
(1) The State Government may, by
notification, specify the offences which are committed for the first time, for
compounding of such offences.
(2) The State Government may
empower such officers or authorities to compound offences specified under
sub-section (1) for such amount as may be specified which shall not exceed the
maximum amount of fine fixed for the offence; and where the offence is so
compounded.-
(i) before the institution
of the prosecution, the offender shall not be liable to prosecution, for such
offence and shall, if in custody, be set at liberty.
(ii) after the institution of the
prosecution, the compounding shall amount to acquittal of the offender.".]
[Punjab
[236][In the principal Act,
after section 106A, the following section shall be inserted, namely:-
"106B.
Compounding of offences The Inspector may, subject to any general or special
order of the State Government in this behalf, compound any offence (except
offences under Chapter IV and IV A of the Factories Act, 1948)
punishable under this Act with fine only, and committed for the first
time, either before or after the institution of the prosecution, on realization
of such amount of composition fee as he thinks fit not exceeding the maximum
amount of fine fixed for the offence; and where the offence is so compounded,-
(i) before the
institution of the prosecution, the offender shall not be liable to
prosecution, for such offence and shall, if in custody, be set at liberty;
(ii) after the
institution of the prosecution, the composition shall amount to acquittal of
the offender.".]
[237][Haryana
After section 106A
of the principal Act, the following section shall be inserted, namely:-
?106B.
Compounding of offences.- (1) The offences specified in the Fourth Schedule, if
committed for the first time, may be compounded before the institution of the
prosecution by such officer and for such amount, as may be notified by the
State Government in the Official Gazette. The amount of fine shall not exceed
the fine prescribed under section 92.
(2) Where an
offence has been compounded under sub-section (1), no further proceedings shall
be taken against the occupier in respect of such offence.?.]
Section 107 - Appeals
(1) The manager of a factory on
whom an order in writing by an Inspector has been served under the provisions
of this Act or the occupier of the factory may, within thirty days of
the service of the order, appeal against it to the prescribed authority, and
such authority may, subject to rules made in this behalf by the State
Government, confirm, modify or reverse the order.
(2) Subject to rules made in this
behalf by the State Government (which may prescribe classes of appeals which
shall not be heard with the aid of assessors), the appellate authority may, or
if so required in the petition of appeal shall, hear the appeal with the aid of
assessors, one of whom shall be appointed by the appellate authority and the
other by such body representing the industry concerned as may be prescribed:
Provided that if
no assessor is appointed by such body before the time fixed for hearing the
appeal, or if the assessor so appointed fails to attend the hearing at such
time, the appellate authority may, unless satisfied that the failure to attend
is due to sufficient cause, proceed to hear the appeal without the aid of such
assessor or, if it thinks fit, without the aid of any assessor.
(3) Subject to such rules as the
Stale Government may make in this behalf and subject to such conditions as to
partial compliance or the adoption of temporary measures as the appellate
authority may in any case think fit to impose, the appellate authority may, if
it thinks fit, suspend the order appealed against pending the decision of the
appeal.
Section 108 - Display of notices
(1) In addition to the notices
required to be displayed in any factory by or under this Act, there shall
be displayed in every factory a notice containing such abstracts of
this Act and of the rules made there under as may be prescribed and
also the name and address of the Inspector and the certifying surgeon.
(2) All notices required by or
under this Act to be displayed in a factory shall be in English and
in a language understood by the majority of the workers in the factory, and
shall be displayed at some conspicuous and convenient place at or near the main
entrance to the factory, and shall be maintained in a clean and legible
condition.
(3) The Chief Inspector may, by
order in writing served on the manager of any factory, require that there shall
be displayed in the factory any other notice or poster relating to the health,
safety or welfare of the workers in the factory.
Section 109 - Service of notices
The State
Government may make rules prescribing the manner of the service of orders under
this Act on owners, occupiers or managers of factories.
Section 110 - Returns
The State
Government may make rules requiring owners, occupiers or managers
of factories to submit such returns, occasional or periodical, as may
in its opinion be required for the purposes of this Act.
Section 111 - Obligations of workers
(1) No worker in a factory--
(a) shall willfully interfere with
or misuse any appliance, convenience or other thing provided in a factory for
the purposes of securing the health, safety or welfare of the workers therein;
(b) shall willfully and without
reasonable cause do anything likely to endanger himself or others; and
(c) shall willfully neglect to
make use of any appliance or other thing provided in the factory for the
purposes of securing the health or safety of the workers therein.
(2) If any worker employed in a
factory contravenes any of the provisions of this section or of any rule or
order made there under, he shall be punishable with imprisonment for a term
which may extend to three months, or with fine which may extend to one hundred
rupees, or with both
Section 111A - Right of workers, etc
[238][ 111A . Right of workers, etc
Every worker shall
have the right to--
(i) obtain from the
occupier, information relating to workers' health and safety at work ,
(ii) get trained within the
factory wherever possible, or, to get himself sponsored by the occupier for
getting trained at a training center or institute, duly approved by the Chief
Inspector, where training is imparted for workers' health and safety at work,
(iii) represent to the Inspector
directly or through hi s representative in the matter of inadequate provision
for protection of hi s health or safety in the factory. ]
[Gujarat
[239][After Section 111A
The following
section shall be inserted, namely:-
"111AA.
Obligation of Occupier
(1) Every occupier in such class
of factories as may be notified by the State Government, taking into
consideration the number of employees employed by him or the nature of the
manufacturing process, shall get himself enrolled under the Self Certification
cum Consolidated Annual Return Scheme as may be prescribed.
(2) The State Government shall
prescribe the audit and assessment norms, for compliance of labour laws and
labour standards.
(3) The incentives to the occupier
for compliance of labour laws and labour standards shall be, subject to the outcome
of audit and assessment, as may be prescribed.
(4) Any occupier who complies with
the provision of sub-section (2) shall be eligible for exemption from the
inspections as provided under the Act.".]]]
Section 112 - General power to make rules
The State
Government may make rules providing for any matter which under any of the
provisions of this Act, is to be or may be prescribed or which may be
considered expedient in order to give effect to the purposes of this Act.
Section 113 - Powers of Centre to give directions
The Central
Government may give directions to a State Governments to the carrying into
execution of the provisions of this Act.
Section 114 - No charge for facilities and conveniences
Subject to the
provisions of section 46 no fee or charge shall be realised from any
worker in respect of any arrangements or facilities to be provided, or any
equipments or appliances to be supplied by the occupier under the provisions of
this Act.
Section 115 - Publication of rules
[240][(1) ] All rules made under
this Act shall be published in the Official Gazette, and shall be
subject to the condition of previous publication; and the date to be specified
under clause (3) of section 23 of the General
Clauses Act, 1897 (10 of 1897), shall be not less than[241] [forty-five days ] from
the date on which the draft of the proposed rules was published.
[242][ (2) Every rule made by the
State Government under this Act shall be laid, as soon as may be
after it is made, before the State Legislature. ]
Section 116 - Application ofActto Governmentfactories
Unless otherwise
provided this Act shall apply to factories belonging to the
Central or any State Government.
Section 117 - Protection to persons acting under thisAct
No suit,
prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under
this Act.
Section 118 - Restrictions on disclosure of information
(1) No Inspector shall, while in
service or after leaving the service, disclose otherwise than in connection
with the execution, or for the purposes, of this Act any information
relating to any manufacturing or commercial business or any working process
which may come to his knowledge in the course of his official duties.
(2) Nothing in sub-section (1)
shall apply to any disclosure of information made with the previous consent in
writing of the owner of such business or process or for the purposes of any
legal proceeding (including arbitration) pursuant to this Act or of
any criminal proceeding which may be taken, whether pursuant to
this Act or otherwise, or for the purposes of any report of such
proceedings as aforesaid.
(3) If any Inspector contravenes
the provisions of sub-section (1) he shall be punishable with imprisonment for
a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
State Amendment
[West Bengal
[243][In section 118 of the
principal Acts, to sub-section (1), the following proviso shall be added:--
"Provided
that such information may be disclosed if the competent authority, as may be
notified by the State Government, is satisfied that larger public interest
warrants the disclosure of such information.]
Section 118A - Restriction on disclosure of information
[244][ 118 A. Restriction on
disclosure of information
(1) Every Inspector shall treat as
confidential the source of any complaint brought to hi s notice on the breach
of any provision of this Act.
(2) No inspector shall, while
making an inspection under this Act, disclose to the occupier, manager or
hi s representative that the inspection is made in pursuance of the receipt of
a complaint:
Provided that
nothing in this sub-section shall apply to any case in which the person who has
made the complaint has consented to disclose hi s name. ]
Section 119 -Actto have effect notwithstanding anything contained inAct37 of 1970
[245][ 119 . Act to have effect
notwithstanding anything contained in Act 37 of 1970
The provisions of
this Act shall have effect notwithstanding anything inconsistent
therewith contained in the Contract Labour (Regulation and Abolition) Act,
1970[246] [or any other law for
the time being in force. ]
Section 120 - Repeal and savings
The enactments set out in the
Table appended to this section are hereby repealed :
Provided that anything done
under the said enactments which could have been done under
this Act if it had then been in force shall be deemed to have been
done under this Act.
STATE AMENDMENT
[247]Himachal Pradesh :
For section 120, substitute
the following section, namely:-
"120. Any law in force in
Himachal Pradesh relating to Factories other than
this Act is hereby repealed:
Provided that anything done
under any such law which could have been done under this Act if it
had then been in force shall be deemed to have been done under
this Act."
TA B LE.--Enactments
repealed.-- [Rep . b y the Repealing and Amending Act, 1950 (35 of 1950),
section 2 and Schedule I.]
Schedule I - THE FIRST SCHEDULE
[248][ THE FIRST SCHEDULE ]
[See section 2 (cb)]
LIST OF INDUSTRIES INVOLVING
HAZARDOUS PROCESSES
1. Ferrous Metallurgical
industries
--Integrated Iron and Steel
--Ferrow-alloys
--Special Steels
2. Non-ferrous Metallurgical Industries
- -Primary Metallurgical
Industries, namely, size, lead, copper, manganese and aluminium
3. Foundries (ferrous and
non-ferrous)
--Castings and forgings
including cleaning or smoothening/roughening by sand and shot blasting
4. Coal (including coke)
industries
--Coal Lignite, coke, e tc.
--Fuel Gases (including Coal
Gas, Producer Gas, Water Gas)
5. Power Generating Industries
6. Pulp and paper (including
paper products) industries
7. Fertiliser Industries
--Nitrogenous
--Phosphatic
--Mixed
8. Cement Industries
--Portland Cement (including
slag cement, puzzolona cement and their products)
9. Petroleum industries
--Oil Refining
--Lubricating Oils and Greases
10. Petro - chemical Industries
11. Drugs and Pharmaceutical
Industries
--Narcotics, Drugs and
Pharmaceutical
12. Fermentation Industries
(Distilleries and Breweries)
13. Rubber (Synthetic Industries)
14. Paints and Pigment Industries
15. Leather Tanning Industries
16. Electroplating Industries
17. Chemical Industries
--Coke Oven B y-products and
Coal tar Distillation products
--Industrial Gases (nitrogen,
oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur dioxide, nitrous
oxide halogenated hydrocarbon, ozone, etc.
--Industrial Carbon
-- Alkalies and Acids
--Chromates and dichromates
--Leads and its compounds
--Electro chemicals (metallic
sodium, potassium and magnesium, chlorates, perchlorates and peroxides)
--Electro thermal produces
(artificial abrasive, calcium carbide)
--Nitrogenous compounds
(cyanides, cyanamides, and other nitrogenous compounds)
--Phosphorous and its
compounds
--Halogens and Halogenated
compounds (Chlorine, Fluorine, Bromine and Iodine)
--Explosives (including
industrial explosives and detonators and fuses)
18. Insecticides, Fungicides,
Herbicides and other Pesticides Industries
19. Synthetic Resin and Plastics
20. Man-made Fiber (Cellulosic and
non-cellulosic) industry
21. Manufacture and repair of
electrical accumulators
22. Glass and Ceramics
23. Grinding or glazing of metals
24. Manufacture, handling and
processing of asbestos and its products
25. Extraction of oils and fats
from vegetable and animal sources
26. Manufacture, handling and use
of benzene and substances containing benzene
27. Manufacturing processes and
operations involving carbon disulphide
28. Dyes and Dyestuff including
their intermediates
29. Highly flammable liquids and
gases.
[STATE AMENDMENTS
[Maharashtra
[249][After Schedule III
The following
SCHEDULE shall be added, namely:--
"THE FOURTH SCHEDULE
(See section 92A)
List of Compoundable Offences
Serial number |
Section and
rules framed there under and orders issued there under |
Nature of
offence |
(1) |
(2) |
(3) |
1. |
Section 11 -
Cleanliness . |
Not maintaining
cleanliness as per the provisions. |
2. |
Section 18 -
Drinking water . |
Not providing
and maintaining arrangements for drinking water as per the provisions. |
3. |
Section 19 -
Latrines and urinals . |
Not providing latrine
and urinal accommodation as per the provisions. |
4. |
Section 20 -
Spittoons . |
(a) Not
providing the spittoons as per the provisions. (b) Spitting in
contravention of sub-section (3) of section 20. |
5. |
Section 42 -
Washing facilities . |
Not providing and
maintaining washing facilities as per the provisions. |
6. |
Section 43 -
Facilities for storing and drying of wet clothing. |
Not providing
facilities as per the provisions. |
7. |
Section 44 -
Facilities for sitting . |
Not providing
facilities as per the provisions. |
8. |
Sub-sections
(1), (2) and (3) of section 45 - First-aid appliances. |
Not providing
and maintaining first-aid appliances as per the provisions. |
9. |
Section 46 -
Canteens . |
Not providing
and maintaining canteen as per the provisions. |
10. |
Section 47 -
Shelters, rest rooms and lunch rooms . |
Not providing
and maintaining shelters, rest rooms and lunch rooms as per the provisions. |
11. |
Section 48 -
Creches . |
Not providing
and maintaining creches as per the provisions. |
12. |
Section 50 -
Power to make rules to supplement Chapter V. |
Not complying
with the rules framed under section 50. |
13. |
Sub-section (2)
of section 53-Compensatory Holidays. |
Not displaying
the notice and not maintaining the register for compensatory holiday. |
14. |
Sub-section (5)
of section 59 - Extra wages for overtime. |
Not maintaining
the prescribed registers. |
15. |
Section 60 -
Restriction on double employment . |
Allowing a
worker a double employment on any day. |
16. |
Section 61 -
Notice of periods of work for adults . |
Not complying
with the provisions. |
17. |
Section 62 -
Register of adult workers . |
Not maintaining
register as per the provisions. |
18. |
Section 63 -
Hours of work to correspond with notice under section 61. |
Not complying
with the provisions. |
19. |
Section 64 - Power
to make exempting rules . |
Not complying
with the rules framed under section 64. |
20. |
Section 65 -
Power to make exempting orders . |
Not complying
with the orders issued under section 65. |
21. |
Section 79 -
Annual leave with wages . |
Not complying
with the provisions. |
22. |
Section 80 -
Wages during leave period . |
Not complying
with the provisions. |
23. |
Section 81 -
Payment in advance in certain cases . |
Not complying
with the provisions. |
24. |
Section 82 -
Mode of recovery of unpaid wages . |
Not complying with
the provisions. |
25. |
Section 83 -
Power to make rules . |
Not maintaining
registers as per rules and not complying with the provisions. |
26. |
Section 84 -
Power to exempt factories . |
Not complying
with the conditions specified in the exempting order. |
27. |
Section 93 -
Liability of owner of premises in certain circumstances. |
Not complying
with the provisions contained in sub-section (1) and clauses (i) and (vi) of
sub-section (3). |
28. |
Section 97 -
Offences by workers . |
Not complying
with the provisions. |
29. |
Section
108-Display of notices. |
Not complying
with the provisions. |
30. |
Section
110-Returns. |
Not complying
with the provisions. |
31. |
Section 111 -
Obligation of workers. |
Not complying
with the provisions. |
32. |
Section 111A -
Right of workers, etc . |
Denial of rights
of workers. |
33. |
Section 114 - No
charge for facilities and conveniences. |
Demanding charge
from worker for providing any facility under the Act.".] |
Schedule II - THE SECOND SCHEDULE
[250][THE SECOND SCHEDULE]
(See-section 41 F)
PERMISSIBLE LEVELS OF CERTAIN
CHEMICAL SUBSTANCES IN WORK ENVIRONMENT
Serial No. |
Substance |
Permissible
Limits of exposure |
|||
|
|
Time-weighted average
concentration (TWA) (8 hrs) |
Short-term
exposure limit (STEL) (15 min)* |
||
|
|
ppm. |
mg/m3 ** |
ppm |
mg/m3 ** |
1 |
2 |
3 |
4 |
5 |
6 |
1. Acetaldehyde |
100 |
180 |
150 |
270 |
|
2. Acetic acid |
10 |
25 |
15 |
37 |
|
3. Acetone |
750 |
1780 |
1000 |
2375 |
|
4. Acrolein |
0.1 |
0.25 |
0.3 |
0.8 |
|
5.
Acrylonitrile-Skin (S.C.) |
2 |
4.5 |
-- |
-- |
|
6. Aldrin-skin |
-- |
0.25 |
-- |
-- |
|
7. Allychloride |
1 |
3 |
2 |
6 |
|
8. Ammonia |
25 |
18 |
35 |
27 |
|
9. Aniline-Skin |
2 |
10 |
-- |
-- |
|
10. Anisidine
(o-,p-isomers) Skin |
0.1 |
0.5 |
-- |
-- |
|
11. Arsenic A
soluble compounds (as As) |
-- |
0.2 |
-- |
-- |
|
[251][12. Benzene
(S.C.) |
05 |
1.5 |
25 |
7.5 |
|
13. Beryllium
& Compound (as Be) (S.C.) |
-- |
0.002 |
-- |
-- |
|
14. Boron
trifluoride-C |
1 |
3 |
-- |
-- |
|
15. Bromine |
0.1 |
0.7 |
0.3 |
2 |
|
16. Butane |
800 |
1900 |
-- |
-- |
|
17. 2-Butanone
(Methyl-ethyl Ketone-MEK) |
200 |
590 |
300 |
835 |
|
18. n-Butyl
acetate |
150 |
710 |
200 |
950 |
|
19. n-Butyle
alcohol-Skin-C |
50 |
150 |
-- |
-- |
|
20. Sec/ tert.
Butylacetate |
200 |
950 |
-- |
-- |
|
21. Butyl
mercaptan |
0.5 |
1.5 |
-- |
-- |
|
22. Cadmium
Dusts and salts (as Cd) |
-- |
0.05 |
-- |
-- |
|
23. Calcium
oxide |
-- |
2 |
-- |
-- |
|
24. Carbaryl
(Sevin) |
-- |
5 |
-- |
-- |
|
25. Carbofuran
(Furadan) |
-- |
0.1 |
-- |
-- |
|
26. Carbon
disulphade-Skin |
10 |
30 |
-- |
-- |
|
27. Carbon
monoxide |
50 |
55 |
400 |
440 |
|
28. Carbon tetrachloride-Skin
(S.C.) |
5 |
30 |
-- |
-- |
|
29.
Chlordane-Skin |
-- |
0.5 |
-- |
-- |
|
30. Chlorine |
1 |
3 |
3 |
9 |
|
31.
Chlorobenzene (Monochlorobenzene) |
75 |
350 |
-- |
-- |
|
32. Chloroform
(S.C.) |
10 |
50 |
-- |
-- |
|
33. bis
(Chloromethyl) ether (H.C.) |
0.001 |
0.005 |
-- |
-- |
|
34. Chromic acid
and chromates (as Cr) (Water Soluble) |
-- |
0.05 |
-- |
-- |
|
35. Chromous
salts (as Cr) |
-- |
0.05 |
-- |
-- |
|
36. Copper Fume |
-- |
0.2 |
-- |
-- |
|
37. Cotton dust,
raw[252] |
-- |
0.2[253] |
-- |
-- |
|
38. Crosol, all
isomers-Skin |
5 |
22 |
-- |
-- |
|
39. Cyanides (as
CN)--Skin |
-- |
5 |
-- |
-- |
|
40. Cyanogen |
10 |
20 |
-- |
-- |
|
41. DDT
(Dichlorodiphenyl trichloroethane) |
-- |
1 |
-- |
-- |
|
42. demeron-Skin |
0.01 |
0.1 |
-- |
-- |
|
43.
Diazinon-Skin |
-- |
0.1 |
-- |
-- |
|
44. Dibutyl
phthalale |
-- |
5 |
-- |
-- |
|
45. Dichlorvos
(DDVP)-Skin |
0.1 |
1 |
-- |
-- |
|
46.
Dieldrin-Skin |
-- |
0.25 |
-- |
-- |
|
47.
Dinitrobenzene (all isomers)-Skin |
0.15 |
1 |
-- |
-- |
|
48.
Dinitrotolune-Skin |
-- |
1.5 |
-- |
-- |
|
49.
Diphenyl-(Biphenyl) |
0.2 |
1.5 |
-- |
-- |
|
50. Endosulfan
(Thiodan)-Skin |
-- |
0.1 |
-- |
-- |
|
51. Endrin-Skin |
-- |
0.1 |
-- |
-- |
|
52. Ethyl
acetate |
400 |
1400 |
-- |
-- |
|
53. Ethyl
alcohol |
-- |
1000 |
1900 |
-- |
|
54. Ethylamine |
10 |
18 |
-- |
-- |
|
55. Fluorides
(as F) |
-- |
2.5 |
-- |
-- |
|
56. Fluorine |
1 |
2 |
2 |
4 |
|
57. Formaldehyde
(S.C.) |
1.0 |
1.5 |
2 |
3 |
|
58. Formic acid |
5 |
9 |
-- |
-- |
|
59. Gasoline |
300 |
900 |
500 |
1500 |
|
60. Hydrazine--
Skin (S.C.) |
0.1 |
0.1 |
-- |
-- |
|
61. Hydrogen
chloride -- C |
5 |
7 |
-- |
-- |
|
62. Hydrogen
cyanide -- Skin --C |
10 |
10 |
-- |
-- |
|
63. Hydrogen
fluoride (as F) --C |
3 |
2.5 |
-- |
-- |
|
64. Hydrogen
peroxide |
1 |
1.5 |
-- |
-- |
|
65. Hydrogen
sulphide |
10 |
14 |
15 |
21 |
|
66. Iodine-C |
0.1 |
1 |
-- |
-- |
|
67. Iron-Oxide
Fume (Fe2O3) (as Fe) |
-- |
5 |
-- |
-- |
|
68. Isoamyl
acetate |
100 |
525 |
-- |
-- |
|
69. Isoamyl
alcohol |
100 |
360 |
125 |
4500 |
|
70. Isobutyl
alcohal |
50 |
150 |
-- |
-- |
|
71. Lead, inorg,
dusts and fumes (as Pb) |
-- |
0.15 |
-- |
-- |
|
72. Lindane-Skin |
-- |
0.5 |
-- |
-- |
|
73.
Malathion-Skin |
-- |
10 |
-- |
-- |
|
74. Manganese
dust and compounds (as Mn)-C |
-- |
5 |
-- |
-- |
|
75. Manganese
fume (as Mn) |
-- |
1 |
-- |
3 |
|
76. Mercury (as
Hg) -- Skin -- |
|
|
|
|
|
(i) Alkyl
compounds |
-- |
0.01 |
-- |
0.03 |
|
(ii) All forms
except alkyl vapour |
-- |
0.05 |
-- |
-- |
|
(iii) Aryl and
inorganic compounds |
-- |
0.1 |
-- |
-- |
|
77. Methyl
alcohol (Methanol)--Skin |
200 |
260 |
250 |
310 |
|
78. Methyl
Cellosolve (2-Methoxy-ethanol) Skin |
5 |
16 |
-- |
-- |
|
79. Methyl
isobutyl ketone |
50 |
205 |
75 |
300 |
|
80. Methyl
isocyanate-Skin |
0.02 |
0.05 |
-- |
-- |
|
81. Napthalene |
10 |
50 |
15 |
75 |
|
82. Nickel
carbonyl (as Ni) |
0.05 |
0.35 |
-- |
-- |
|
83. Nitric acid |
2 |
5 |
4 |
10 |
|
84. Nitric oxide |
25 |
30 |
-- |
-- |
|
85.
Nitrobenzene-Skin |
1 |
5 |
-- |
-- |
|
86. Nitrogen
dioxide |
3 |
6 |
5 |
10 |
|
87. Oil
mist-mineral |
-- |
5 |
-- |
10 |
|
88. Ozone |
0.1 |
0.2 |
0.3 |
0.6 |
|
89.
Parathion--Skin |
-- |
0.1 |
-- |
-- |
|
90. Phenol-Skin |
5 |
19 |
-- |
-- |
|
91. Phorate
(Thimet)-- Skin |
-- |
0.05 |
-- |
0.2 |
|
92. Phosgene
(Carbonyl chloride) |
0.1 |
0.4 |
-- |
-- |
|
93. Phosphine |
0.3 |
0.4 |
1 |
1 |
|
94. Phosphoric
acid |
-- |
1 |
-- |
3 |
|
95. Phosphorus
(yellow) |
-- |
0.1 |
-- |
-- |
|
96. Phosphorus
pentachloride |
0.1 |
1 |
-- |
-- |
|
97. Phosphorus
trichloride |
0.2 |
1.5 |
0.5 |
3 |
|
98. Picric acid-Skin |
-- |
0.1 |
-- |
0.3 |
|
99. Pyridine |
5 |
15 |
-- |
-- |
|
100. Silane
(Silicon tetrahydride) |
5 |
7 |
-- |
-- |
|
101. Sodium
hydroxide-C |
-- |
2 |
-- |
-- |
|
102. Styrene,
monomer (Phenylethylene) |
50 |
215 |
100 |
425 |
|
103. Sulphur
dioxide |
2 |
5 |
5 |
10 |
|
104. Sulphur
hexafluoride |
1000 |
6000 |
-- |
-- |
|
105. Sulphuric
acid |
-- |
1 |
-- |
-- |
|
106. Tetraethyl
lead (as Pb)-- Skin |
-- |
0.1 |
-- |
-- |
|
107. Toluene
(Toluol) |
100 |
375 |
150 |
560 |
|
108.
O-Toluidinz-Skin (S.C.) |
2 |
9 |
-- |
-- |
|
109. Tributyl
phosphate |
0.2 |
2.5 |
-- |
-- |
|
110.
Trichloroethylene |
50 |
270 |
200 |
1080 |
|
111. Uranium,
natural (as U) |
-- |
0.2 |
-- |
0.6 |
|
112. Vinyl
chloride (H.C.) |
5 |
10 |
-- |
-- |
|
113. Welding
fumes |
-- |
5 |
-- |
-- |
|
114. Xylene (o-,
m-, p-isomers) |
100 |
435 |
150 |
655 |
|
115. Zinc
oxide-- |
|
|
|
|
|
(i) Fume |
-- |
5.0 |
-- |
10 |
|
(ii) Dust (Total
dust) |
-- |
10.0 |
-- |
-- |
|
116. Zirconium
compounds (as Zr) |
-- |
5 |
-- |
10 |
ppm |
Parts of vapour
or gas per million parts of contaminated air by volume at 25?C and 760 (mm of
mercury). |
mg/m3 |
milligrams of
substance per cubic meter of air. |
* |
Not more than 4
times a day with at least 60 min. interval between successive exposures. |
** |
mg/m3 =
Molecular weight X ppm 24.45 |
C |
denotes ceiling
limit. |
Skin |
denotes
potential contribution to the overall exposure by the cutaneous route
including mucous membranes and eye. |
S.C. |
denotes
Suspected human carcinogens. |
H.C. |
denotes
confirmed human carcinogens. |
Substance |
Permissible
time-weighted average concentration (TWA) (8 hours) |
Silica, SiO2 |
|
(a) Crystalline |
|
(i) Quartz |
|
(1) In term of
dusts count |
10600 mppcm %Quartz+10 |
(2) In terms of respirable
dust |
10 mg/m3 %respirable
Quartz+2 |
(3) In terms of
total dust |
30 mg/m3 % Quartz+3 mg/m2 |
(ii)
Cristobalite |
Half the limits
given against quartz |
(iii) Tridymite |
Half the limits
given against quartz |
(iv) Silica,
fused |
Same limits as
for quartz |
(v) Tripoli |
Same limit as in
formula in item (2) given against quartz |
[254][(b) Amorphous
Silicates |
10 mg/m3, Total
Dust |
[Asbestos (H.C. |
|
(a) Amosite |
0.1 fiber/cc*** |
(b) Chrysotile |
0.1 fiber/cc*** |
(c) Crocidolite |
0.1 fiber/cc***
] |
(c) Portland
cement: |
10 mg/m3, Total
dust containing less than 1% quartz. |
(d) Coal Dust : |
2mg/m3,
respirable dust fraction containing less than 5% quartz. |
|
_____________________ |
mppcm = Millions
particles per cubic meter of air, based on impinger samples counted by light
field techniques. |
|
***
(i) For fibers greater than 5 urn in length and less than 5 urn in breadth
with length to breadth ratio equal to or greater than 3:1. |
|
(ii) As determined
by the membrane filter method at 400-450 x magnification (4mm objective)
phase contrast illumination.] |
*As determined by the
membrane-liter method at 400--450 x magnification (4 mm objective) phase
contrast illumination. |
|
Respirable Dust: |
|
Fraction passing
a size-selector with the following characteristics: |
|
Aerodynamic
Diameter (u.m.) |
% passing sector |
(Unit density
sphere) |
|
< 2 |
90 |
2.5 |
75 |
3.5 |
50 |
5.0 |
25 |
10 |
0] |
[255][Permissible activity
concentration levels for some of the radionuclides that are commonly
encountered in metal recycling industries as given below:
Radionuclide |
Radionuclide
concentration |
|
(Bq/g*) |
Co-60 |
0.1 |
Cs-137 |
0.1 |
Am-241 |
0.1 |
Ir-192 |
1.0 |
Foot Note:
1. ??? Bq/g
stands for Becquerel per gram. Becquerel means one transformation of a
radionuclide per second; and is the SI unit of radioactivity.
2. ??? Measurement
shall comprise external radiation levels on the metal scrap, semi finished and
finished products as well as the background levels at the place of measurement and
records of the same shall be maintained. If the radiation level on the material
exceeds the background radiation level by 20u/hr (Micro Rad per hour), the
Atomic Energy Regulatory Board (AERB) shall be promptly intimated.]
Schedule III - THE THIRD SCHEDULE
[256][THE THIRD SCHEDULE]
[See sections 89 and 90]
LIST OF NOTIFIABLE DISEASES
1. |
Lead poisoning,
including poisoning by any preparation or compound of lead or their sequelae. |
2. |
Lead-tetra-ethyle
poisoning. |
3. |
Phosphorus
poisoning or its sequelae. |
4. |
Mercury
poisoning or its sequelae. |
5. |
Manganese
poisoning or its sequelae. |
6. |
Arsenic
poisoning or its sequelae. |
7. |
Poisoning by
nitrous fumes. |
8. |
Carbon
bisulphide poisoning. |
9. |
Benzene
poisoning, including, poisoning by any of its homologues, their nitro or
amide derivatives or its sequelae. |
10. |
Chrome
ulceration or its sequelae. |
11. |
Anthrax. |
12. |
Silicosis. |
13. |
Poisoning by
halogens or halogen derivatives of the hydrocarbons of the aliphatic series. |
14. |
Pathological
manifestations due to -- |
|
(a) radium or
other radio-active substances; |
|
(b) X-ray. |
15. |
Primary
epitheliomatous cancer of the skin. |
16. |
Toxic anaemia. |
17. |
Toxic jaundice
due to poisonous substances. |
[257][18. |
Oil acne or
dermatitis due to mineral oils and compounds containing mineral oil base. |
19. |
Byssionosis. |
20. |
Asbestosis. |
21. |
Occupational or
contact dermatitis caused by direct contract with chemicals and paints. These
are of two types, that is, primary irritants and allergic sensitizers. |
22. |
Noise induced
hearing loss (exposure to high noise levels).] |
[258][23. |
Beriyllium
poisoning. |
[259][24. |
Carbon monoxide
poisoning. |
25. |
Coal miners'
pnoumoconiosis. |
26. |
Phosgene
poisoning. |
27. |
Occupational
cancer. |
28. |
Isocyanates
poisoning. |
29. |
Taxic
nephritis.] |
[260][Haryana
Schedule IV - THE FOURTH SCHEDULE
After the
Third Schedule to the principal Act, the following Schedule shall be added,
namely:-
?THE
FOURTH SCHEDULE
(See Section
106-B)
LIST OF
COMPOUNDABLE OFFENCES
Serial Number |
Section and rules framed thereunder and order issued thereunder |
Nature of offence |
1 |
Section 11 ? Cleanliness |
Not maintaining cleanliness as per the provisions. |
2 |
Section 18 ? Drinking water |
Not providing and maintaining arrangements for drinking water as per
the provisions. |
3 |
Section 19 ? Latrines and urinals |
Not providing latrine and urinal accommodation as per the provisions. |
4 |
Section 20 ? Spittoons |
(a) Not providing the spittoons as per the provisions. (b) Spitting in contravention of sub-section (3) of Section 20. |
5 |
Section 42 ? Washing facilities |
Not providing and maintaining washing facilities as per the
provisions. |
6 |
Section 43 ? Facilities for storing and drying clothing |
Not providing facilities as per the provisions. |
7 |
Section 44 ? Facilities for sitting |
Not providing facilities as per the provisions. |
8 |
sub-sections (1), (2) and (3) of Section 45 ? First aid appliances |
Not providing and maintaining first-aid appliances as per the
provisions. |
9 |
Section 46 ? Canteens |
Not providing and maintaining canteen as per the provisions. |
10 |
Section 47 ? Shelters, rest rooms and lunch rooms |
Not providing and maintaining shelters, rest rooms and lunch rooms as
per the provisions. |
11 |
Section 48 ?Creches |
Not providing and maintaining cr?ches as per the provisions. |
12 |
sub-section (2) of Section 53 ? Compensatory holidays |
Not displaying the notice and not maintaining the register for
compensatory holiday. |
13 |
sub-section (5) of Section 59 ? Extra wages for overtime |
Not maintaining the prescribed registers. |
14 |
Section 60 ? Restriction on double employment |
Requiring or allowing a worker a double employment on any day. |
15 |
Section 61 ? Notice of periods of work for adults |
Not complying with the provisions. |
16 |
Section 62 ? Register of adult Workers |
Not maintaining register as per the provisions. |
17 |
Section 63 ? Hours of work to correspond with notice under Section 61 |
Not complying with the provisions. |
18 |
Section 79 ? Annual leave with wages |
Not complying with provisions. |
19 |
Section 80 ? Wages during leave period |
Not complying with the provisions. |
20 |
Section 81 ? Payment in advance in certain cases |
Not complying with the provisions. |
21 |
Section 83 ? Power to make rules |
Not maintaining registers as per rules and not complying with the
provisions |
22 |
Section 84 ? Power to exempt factories |
Not complying with the conditions specified in the exempting order. |
23 |
Section 93 ? Liability of owner of premises in certain circumstances |
Not complying with the provisions contained in sub-section (1) and
clauses (i) and (vi) of sub-section (3). |
24 |
Section 97 ? Offences by workers |
Not complying with the provisions. |
25 |
Section 108 ? Display of notices |
Not complying with the provisions. |
26 |
Section 110 ? Returns |
Not complying with the provisions. |
27 |
Section 111-A ? Right of workers, etc. |
Denial of rights of workers. |
28 |
Section 114 ? No charge for facilities and conveniences |
Demanding charge from worker for providing any facility.? |
[1] For Statement of Objects and Reasons see Gazette of
India, 1947, Pt. V, pp. 580 & 581; for Report of Select Committee, see
Gazette of India 1948, Pt. V. pp. 551-590. The Act has been
extended to Dadra and Nagar Haveli by Reg. 6 of 1963, section 2 and Schedule I;
Pondicherry by Reg. 7 of 1963, section 3 and Schedule I, Goa, Daman and Diu by
Reg. 11 of 1963, section 3 and Schedule and Laccadive, Minicoy and Amindivi
Islands by Reg. 8 of 1965, section 3 and Section I.
[2] Substituted 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, section 2 and Schedule
(w.e.f. 1-9-1971).
[4] Inserted by Act 25 of 1954, section 2 (w.e.f.
7-5-1954).
[5] Inserted by Act 20 of 1987, section 2 (w.e.f.
1-12-1987).
[6] Substituted by Act 94 of 1976, section 2, for
Sub-clause (ii) of clause (ii) (w.e.f. 26-10-1976).
[7] Substituted by Act 25 of 1954, section 2, for
sub-clause (iv) (w.e.f. 7-5-1954).
[8] Inserted by Act 94 of 1976, section 2, (w.e.f.
26-10-1976).
[9] Inserted by Act 94 of 1976, section 2, (w.e.f.
26-10-1976).
[10] Inserted by Act 94 of 1976, section 2, (w.e.f.
26-10-1976).
[11] Substituted by Act 25 of 1954, section 2, for
"the Indian Mines Act, 1923 (4 of 1923)"
[12] Substituted by Act 94 of 1976, section 2, for
" a railway running shed" (w.e.f. 26-10-1976).
[13] Inserted by Act 94 of 1976, section 2, (w.e.f.
26-10-1976).
[14] Explanation numbered as Explanation I
by Act 20 of 1987, section 2 (w.e.f. 1-12-1987).
[15] Substituted by Act 20 of 1987, section 2 for
"different relays" (w.e.f. 1-12-1987).
[16] Inserted by Act 20 of 1987, section 2 (w.e.f.
1-12-1987).
[17] Vide the Factories (Maharashtra
Amendment) Act, 2006 (Maharashtra Act 28 of 2006), sec. 2
(w.e.f. 1-8-2006).
[18] Certain words omitted by Act 20 of 1987,
section 2, (w.e.f. 1-12-1987).
[19] Inserted by Act 20 of 1987, section 2 (w.e.f.
1-12-1987).
[20] Inserted by Act 20 of 1987, section 2 (w.e.f.
1-12-1987).
[21] Substituted by Act 20 of 1987, section 2, for
"Provided that" (w.e.f. 1-12-1987).
[22] Clause (q) omitted by Act A. O. 1950.
[23] Clause (o) omitted by Act 20 of 1987, section
2 (w.e.f. 1-12-1987).
[24] Clause (q) omitted by Act A. O. 1950.
[25] Substituted by Act 20 of 1987, section 2 for
"relay" (w.e.f. 1-12-1987).
[26] Added by Factories (Maharashtra
Amendment) Act, 2006.
[27] Inserted by Factories (Maharashtra
Amendment) Act, 2015.
[28] Substituted by Factories (Rajasthan
Amendment) Act, 2014.
[29] Substituted by Factories (Andhra Pradesh
Amendment) Act, 2015 (Act No. 13 of 2015).
[30] Inserted by Factories (Uttar
Pradesh Amendment) Act, 2017.
[31] Substituted vide Factories (Bihar Amendment) Act, 2020.
[32] Substituted By THE
FACTORIES (PUNJAB AMENDMENT) ACT, 2020.
[33]
Substituted by THE FACTORIES (HARYANA AMENDMENT) ACT, 2018
[34] Substituted by Act 25 of 1954, section 3, for
section 4 (w.e.f. 7-5-1954).
[35] Inserted by Act 20 of 1987, section 3 (w.e.f.
1-12-1987).
[36] Inserted by Act 20 of 1987, section 3 (w.e.f.
1-12-1987).
[37] Added by Act 20 of 1987, section 3 (w.e.f.
1-12-1987).
[38] Inserted by the A.O. 1950.
[39] Inserted by Act 94 of 1976, section 3 (w.e.f.
26-10-1976).
[40] Inserted vide Factories (Bihar Amendment) Act, 2020.
[41] Inserted by Act 94 of 1976, section 4 (w.e.f.
26-10-1976).
[42] Clause (a) re-lettered as clause (aa)
by Act 94 of 1976, section 4 (w.e.f. 26-10-1976).
[43] Substituted by Act 94 of 1976, section 4
"for clause (a)" (w.e.f. 26-10-1976).
[44] Inserted by Act 94 of 1976, section 4 (w.e.f.
26-10-1976).
[45] Inserted by Act 25 of 1954, section 4 (w.e.f.
7-5-1954).
[46] Substituted by Act 94 of 1976, section 5, for
clause (e) (w.e.f. 26-10-1976).
[47] Substituted by Act 40 of 1949, section 3 and Schedule
II, for "within thirty days."
[48] Substituted by Act 25 of 1954, section 4, for
"Chief Inspector a written notice."
[49] Inserted by Act 20 of 1987, section 4 (w.e.f.
1-12-1987).
[50] Inserted by Factories (Tamil Nadu
Amendment) Act, 2007 (Act 29 of 2007).
[51] Inserted by Act 20 of 1987, section 4 (w.e.f.
1-6-1988).
[52] Inserted by Act 94 of 1976, section 6 ( w.e.f.
26-10-1976 ) .
[53] Inserted by Act 94 of 1976, section 6 (w.e.f.
26-10-1976) .
[54] Substituted by Act 94 of 1976, section 6, for
"Every Chief Inspector or Inspector" (w.e.f. 2 6 -10-1976).
[55] Inserted by Act 20 of 1987, section 5 (w.e.f.
1-12-1987) .
[56] Substituted by Act 20 of 1987, section 5, for
clause (b) and (c) (w.e.f. 1-12-1987) .
[57] Inserted by act 94 of 1976, section 7 (w.e.f.
26-10-1976)
[58] Now see the Indian Medical Council Act, 1956 (102
of 1956).
[59] Substituted by Act 94 of 1976, section 8 for "painted" (w.e.f.
26-10-1976).
[60] Inserted by Act 94 of 1976, section 8
for (w.e.f. 26-10-1976).
[61] Inserted by Act 94 of 1976, section 8
for (w.e.f. 26-10-1976).
[62] Substituted by Act 94 of 1976, section
8, for "in a factory" (w.e.f. 26-10-1976).
[63] Inserted by Act 94 of 1976, section 8
for (w.e.f. 26-10-1976).
[64] Substituted by Act 94 of 1976, section 9, for
sub-section (1) (w.e.f. 26-10-1976).
[65] Substituted by Act 20 of 1987, section 6, for
certain words (w.e.f. 1-12-1987).
[66] Substituted by Act 20 of 1987, section 6,
for sub-section (3) (w.e.f. 1-12-1987).
[67] Substituted by Act 20 of 1987, section 7 for
"three hundred and fifty cubic feet" (w.e.f. 1-12-1987).
[68] Substituted by Act 20 of 1987, section 7 for
"five hundred cubic feet" (w.e.f. 1-12-1987).
[69] Substituted by Act 20 of 1987, section 7, for
"fourteen feet" (w.e.f. 1-12-1987).
[70] Substituted by Act 20 of 1987, section 8,
for certain words (w.e.f. 1-12-1987).
[71] Substituted by Act 20 of 1987, section 9, for
"three feet" (w.e.f. 1-12-1987).
[72] Substituted by the Factories (West Bengal
Amendment) Act, 2015.
[73] Substituted by Act 94 of 1976, section 10, for
"shall be kept in position" (w.e.f. 26-10-1976).
[74] Substituted by Act 94 of 1976 section 10, for
the proviso (w.e.f. 26-10-1976).
[75] Substituted by Act 94 of 1976, section
11, for the opening paragraph and clause (a) (w.e.f. 26-10-1976).
[76] Substituted by Act 25 of 1954, section 6, for
Sub-section (2) (w.e.f. 7-5-1954).
[77] Substituted by Act 20 of 1987, 10, for
"shall work" (w.e.f. 1-12-1987).
[78] Inserted by Act 94 of 1976, section 12 (w.e.f.
26-10-1976) .
[79] Substituted by Act 20 of 1987, section 11, for
"eighteen inches" (w.e.f. 1-12-1987) .
[80] Substituted by Act 25 of 1954, section 7, for
"sub-section (1)".
[81] Substituted by Act 25 of 1954, section 7, for
sub-section (3).
[82] Inserted by Act 20 of 1987, section 12 (w.e.f.
1-12-1987).
[83] Substituted by Act 25 of 1954, section 8, for
section 29 (w.e.f. 7-5-1954).
[84] Substituted by Act 20 of 1987, section 13, for
"twenty feet" (w.e.f. 1-12-1987).
[85] Substituted by Act 20 of 1987, section 13, for
clause (b) (w.e.f. 1-12-1987).
[86] Substituted by Act 20 of 1987, section 14, for
"In every room in a factory" (w.e.f. 1-12-1987).
[87] Substituted by Act 20 of 1987, section 15, for
sub-section (1) (w.e.f. 1-12-1987).
[88] Inserted by Act 94 of 1976, section 13 (w
.e.f. 26-10-1976).
[89] Inserted by Act 94 of 1976, section14, (w.e.f.
26-10-1976).
[90] Substituted by Act 20 of 1987, section 16, for
clause (c) (w.e.f. 1-12-1987).
[91] Substituted by Act 20 of 1987, section 17, for
section 36 (w.e.f. 1-12-1987).
[92] Inserted by Act 94 of 1976, section 16 (w.e.f.
26-10-1976).
[93] Inserted by Act 20 of 1987, section 18 (w.e.f.
1-12-1987) .
[94] Substituted by Act 20 of 1987, section 19, for
section 38 (w.e.f. 1-12-1987).
[95] Substituted by Act 94 of 1976, section 18, for
"the manager" (w.e.f. 26-10-1976).
[96] Substituted by Act 94 of 1976, section 18, for
"the manager" (w.e.f. 26-10-1976).
[97] Substituted by Act 94 of 1976, section 18, for
"the manager" (w.e.f. 26-10-1976).
[98] Inserted by Act 94 of 1976, section 19 (w.e.f.
26-10-1976).
[99] Inserted by Act 94 of 1976, section 1 9
(w.e.f. 26-10-1976).
[100] Substituted by Act 94 of 1976, section 20, for
"devices" (w.e.f. 26-10-1976).
[101] Chapter IVA (Containing sections 41A, 41B, 41C, 41D,
41E, 41F, 41G and 41H) Inserted by Act 20 of 1987, section 20 (w.e.f.
1-12-1987) except section 41F including the schedule referred to therein which
came into force (w.e.f. 1-6-1988).
[102] Inserted by Act 25 of 1954, section 9 (w.e.f.
7-5-1954).
[103] Substituted by Act 25 of 1954, section 9, for
sub-section (2) (w.e.f. 7-5-1954).
[104] Substituted by Act 94 of 1976, section 21, for
"who is trained in first-aid treatment" (w.e.f. 26-10-1976).
[105] Sub-section (3) re-numbered as sub-section (4)
by Act 25 of 1954, section 9 (w.e.f. 7-5-1954).
[106] Substituted by Act 94 of 1976, section 21 for
"employed" (w.e.f. 26-10-1976).
[107] Inserted by Act 94 of 1976, section 21 (w.e.f.
26-10-1976).
[108] Substituted by Factories (Karnataka
Amendment) Act 2002(Act No. 01 of 2003)(karnataka).
[109] Inserted by Act 94 of 1976, section 22 (w.e.f.
26-10-1976).
[110] Substituted by Act 94 of 1976, section 23, for
"fifty women workers" (w.e.f. 26-10-1976).
[111] Sub-section (1) shall be Substituted and sub-section
(1A) shall be Inserted by Factories (Karnataka
Amendment) Act 2002(Act No. 01 of 2003)(karnataka).
[112] Added by Act 25 of 1954, section 10 (w.e.f.
7-5-1954).
[113] Section 55 re-numbered as sub-section (1) of that
section by Act 25 of 1954, section 11 (w.e.f. 7-5-1954).
[114] Substituted by act 40 of 1949, section 3
Schedule II, for "The period" (w.e.f. 1-5-1949).
[115] Added by Act 25 of 1954, section 11 (w.e.f.
7-5-1954).
[116] Substituted by Act 94 of 1976, section 24, for
"spread over to twelve hours" (w.e.f. 26-10-1976.)
[117] Substituted by Act 25 of 1954, section 12 for
sub-section (2) (w.e.f. 7-5-1954).
[118] Substituted by Act 94 of 1976, section 25 for
sub-sections (2) and (3) (w.e.f. 26-10-1976).
[119] Substituted by Act 25 of 1954, section 13, for
sub-section (4) (w.e.f. 7-5-1954).
[120] Substituted by Act 25 of 1954, section 14 for
"55 and 56".
[121] Inserted by Act 94 of 1976, section
27 (w.e.f. 26-10-1976).
[122] Inserted by Act 94 of 1976, section
27 (w.e.f. 26-10-1976).
[123] Inserted by Act 94 of 1976, section
27 (w.e.f. 26-10-1976).
[124] Inserted by Act 94 of 1976, section 27 (w.e.f.
26-10-1976).
[125] Substituted by Act 20 of 1987, 21,
for "does not exceed rupees seven hundred and fifty per month"
(w.e.f. 1-12-1987).
[126] Omitted by Act 25 of 1954, section 15 for
the words "throughout the day".
[127] Substituted by Act 94 of 1976, section 27 for
"section 52" (w.e.f. 26-10-1976).
[128] Substituted by Act 94 of 1976, section 27 for
"section 52" (w.e.f. 26-10-1976).????????
[129] Substituted by Act 94 of 1976, section 27 for
"section 52" (w.e.f. 26-10-1976).
[130] Added by Act 25 of 1954, section
15 (w.e.f. 7-5-194).
[131] Inserted by Act 94 of 1976, section 27 (w.e.f.
26-10-1976).
[132] Inserted by Act 94 of 1976, section 27 (w.e.f.
26-10-1976).
[133] Substituted by Act 25 of 1954, section 15, for
sub-section (4) (w.e.f. 7-5-1954).
[134] Inserted by Act 94 of 1976, section
27 (w.e.f. 26-10-1976).
[135] Clause (iii) re-numbered as clause (iv)
by act 94 of 1976, section 27 (w.e.f. 26-10-1976).
[136] Substituted by Act 94 of 1976, section 27, for
"three years" (w.e.f. 26-10-1976).
[137] Substituted by Factories (Uttar
Pradesh Amendment) Act, 2017.
[138] Substituted by Act 94 of 1976, section 28, for
sub-section (3) (w.e.f. 26-10-1976.)
[139] Sub-section (4) omitted by Act 94 of 1976,
section 28 (w.e.f. 26-10-1976).
[140] Substituted by Factories (Maharashtra Amendment) Act,
2015.
[141] Substituted by Factories (Uttar
Pradesh Amendment) Act, 2017.
[142] Substituted by THE FACTORIES (PUNJAB
AMENDMENT) ACT, 2020.
[143]
Substituted by THE FACTORIES (HARYANA AMENDMENT) ACT, 2018.
[144] Substituted by Act 94 of 1976, section 29, for
"employed in any factory" (w.e.f. 26-10-1976).
[145] Substituted by Act 94 of 1976, section 29, for
"any class or description of factories" (w.e.f. 26-10-1976).
[146] Inserted by Act 25 of 1954, section 17 (w.e.f.
7-5-1954).
[147] Substituted by Factories (Maharashtra
Amendment) Act, 2015.
[148] Substituted by Factories (Uttar Pradesh
Amendment) Act, 2017.
[149]
Substituted by THE FACTORIES (HARYANA AMENDMENT) ACT, 2018.
[150] The proviso and the Explanation omitted
by Act 20 of 1987, section 22 (w.e.f. 1-12-1987).
[151] Inserted by Act 20 of 1957, section 22 (w.e.f.
1-12-1987).
[152] Substituted by Act 25 of 1954, section 19, for
clause (b) (w.e.f. 7-5-1954).
[153] Inserted by Act 20 of 1987, section 23 (w.e.f.
1-12-1987).
[154] Inserted by Act 94 of 1976, section 30 (w.e.f.
26-10-1976).
[155] Substituted by Act 25 of 1954, section 20 for
Chapter VIII (Containing sections 78 to 84) (w.e.f. 7-5-1954).
[156] Substituted by Act 94 of 1976, section 31, for
"agreement" (w.e.f. 26-10-1976).
[157] Substituted by Act 94 of 1976, section 31, for
the proviso (w.e.f. 26-10-1976).
[158] Substituted by Act 94 of 1976, section 31, for
"in any workshop" (w.e.f. 26-10-1976).
[159] Substituted by Act 94 of 1976, section 32, for
sub-section (3) (w.e.f. 26-10-1976).
[160] Inserted by Act 94 of 1976, section 32 (w.e.f.
26-10-1976).
[161] Substituted by Act 94 of 1976, section 32, for
"unavailed leave" (w.e.f. 26-10-1976).
[162] Substituted by Factories (Maharashtra
Amendment) Act, 2015.
[163] Substituted by Act 94 of 1976, section 33, for
"section 79" (w.e.f. 26-10-1976).
[164] Substituted by Act 20 of 1987, section 24, for
"shall be paid" (w.e.f. 1-12-1987).
[165] Substituted by Act 94 of 1976, section 33, for
"he worked" (w.e.f. 26-10-1976).
[166] Inserted by Act 20 of 1987, section 24 (w.e.f.
1-12-1987).
[167] Inserted by Act 94 of 1976, section
34 (w.e.f. 26-10-1976).
[168] Vide Notification No. 781-LW/IF-U/06, dated 3rd October,
2007, published in the Kolkata Gazette, Extra., Pt. I, dated 23rd October,
2007.
[169] Substituted by Factories (Maharashtra Amendment) Act,
2015.
[170] Substituted by Factories (Rajasthan
Amendment) Act, 2014.
[171] Substituted by Factories (Andhra Pradesh
Amendment) Act, 2015 (Act No. 13 of 2015).
[172] Substituted by Factories (Andhra Pradesh Amendment) Act,
2015 (Act No. 13 of 2015).
[173] Substituted by THE FACTORIES (PUNJAB
AMENDMENT) ACT, 2020.
[174]
Substituted by THE FACTORIES (HARYANA AMENDMENT) ACT, 2018
[175] Substituted by Act 94 of 1976, section 36, for
"operation" (w.e.f. 26-10-1976).
[176] Substituted by Act 94 of 1976, section 36, for
"operation" (w.e.f. 26-10-1976).
[177] Substituted by Act 94 of 1976, section 36, for
"operation" (w.e.f. 26-10-1976).
[178] Substituted by Act 94 of 1976, section 36, for
"operation" (w.e.f. 26-10-1976).
[179] Substituted by Act 94 of 1976, section 36, for
"operation" (w.e.f. 26-10-1976).
[180] Substituted by Act 94 of 1976, section 36, for
"operation" (w.e.f. 26-10-1976).
[181] Substituted by Act 94 of 1976, section 36, for
"operation" (w.e.f. 26-10-1976).
[182] Substituted by Act 94 of 1976, section 36, for
"operation" (w.e.f. 26-10-1976).
[183] Substituted by Act 94 of 1976, section 36, for
"operation" (w.e.f. 26-10-1976).
[184] Inserted by Act 94 of 1976, section
36 (w.e.f. 26-10-1976).
[185] Clause (g) omitted by Act of 20 of 1987,
section 25, (w.e.f. 1-12-1987).
[186] Inserted by Act 20 of 1987, section
26 (w.e.f. 1-12-1987).
[187] Section 88 re-numbered as sub-section (1) thereof
by Act 94 of 1976, section 37 (w.e.f. 26-10-1976).
[188] Inserted by Act 94 of 1976, section 37 (w.e.f.
26-10-1976).
[189] Inserted by Act 94 of 1976, section
38 (w.e.f. 26-10-1976).
[190] Substituted by Act 20 of 1987, section 27, for
"the Schedule " (w.e.f. 1-12-1987).
[191] Substituted by Act 20 of 1987, section 27, for
"the Schedule " (w.e.f. 1-12-1987).
[192] Substituted by Act 20 of 1987, section 27, for
"the Schedule " (w.e.f. 1-12-1987).
[193] Substituted by Act 20 of 1987, section 27 ,
for "fifty rupees" (w.e.f. 1-12-1987).
[194] Added by Act 20 of 1987, section 27 (w.e.f.
1-12-1987).
[195] Substituted by Act 20 of 1987, section 28, for
"the Schedule" (w.e.f. 1-12-1987).
[196] Inserted by Act 94 of 1976, section 39 (w.e.f.
26-10-1976).
[197] Inserted by Act 20 of 1987, section
29 (w.e.f. 1-12-1987).
[198] Substituted by Act 20 of 1987, section 30, for
"three months" (w.e.f. 1-12-1998).
[199] Substituted by Act 20 of 1987, section30, for
"two thousand rupees" (w.e.f. 1-12-1987).
[200] Substituted by Act 20 of 1987, section 30, for
"seventy-five rupees" (w.e.f. 1-12-1987).
[201] Inserted by Act 94 of 1976, section 40 (w.e.f.
26-10-1976).
[202] Substituted by Act 20 of 1987, section 30, for
"one thousand rupees" (w.e.f. 1-12-1987).
[203] Substituted by Act 20 of 1987, section 30, for
"five hundred rupees" (w.e.f. 1-12-1987).
[204] Inserted by Factories (Maharashtra
Amendment) Act, 2015.
[205] Substituted by Act 25 of 1954, section 21, for
section 93 (w.e.f. 7-5-1954).
[206] Section 94 re-numbered is sub-section (1) thereof
by Act 94 of 1976, section 41 (w.e.f. 26-10-1976).
[207] Substituted by Act 20 of 1987, section 31, for
"six months" (w.e.f. 1-12-1987).
[208] Substituted by Act 94 of 1976, section 41, for
"which may be extend to one thousand rupees" (w.e.f. 26-10-1976).
[209] Substituted by Act 20 of 1987, section 31, for
"two hundred rupees" (w.e.f. 1-12-1976).
[210] Substituted by Act 20 of 19 87, section 31,
for "five thousand rupees" (w.e.f. 1-12-1987).
[211] Substituted by Act 94 of 1976, section 41, for
the proviso (w.e.f. 26-10-1976).
[212] Substituted by Act 20 of 1987, section 31, for
"two hundred rupees" (w.e.f. 1-12-1976).
[213] Substituted by Act 20 of 1987, section 31, for
"two thousand rupees" (w.e.f. 1-12-1987).
[214] Substituted by Act 20 of 19 87, section 31,
for "one thousand rupees" (w.e.f. 1-12-1987).
[215] Inserted by Act 94 of 1976, section 41 (w.e.f.
26-10-1976).
[216] Substituted by Act 20 of 1987, section 32, for
"three months" (w.e.f. 1-12-1987).
[217] Substituted by Act 20 of 1947, section 32, for
"five hundred rupees" (w.e.f. 1-12-1987).
[218] Substituted by Act 20 of 19 87, section 33,
for "three months" (w.e.f. 1-12-1987).
[219] Substituted by Act 20 of 19 87, section 33,
for "five hundred rupees" (w.e.f. 1-12-1987).
[220] Inserted by Act 20 of 19 87, section 34
(w.e.f. 1-12-1987).
[221] Substituted by Act 20 of 1987, section 3 5,
for " twenty rupees" (w.e.f. 1-12-1987).
[222] Substituted by Act 20 of 1987, section 36, for
"one month" (w.e.f. 1-12-1987).
[223] Substituted by Act 20 of 1987, section 37, for
"fifty rupees" (w.e.f. 1-12-1987).
[224] Substituted by Act 20 of 1987, section 37, for
"fifty rupees" (w.e.f. 1-12-1987).
[225] Inserted by Act 20 of 1987, section 39 (w.e.f.
1-12-1987).
[226] Vide Himachal Pradesh A.L.O. 1948 (w.e.f.
25-12-1948).
[227] Substituted by Factories (Maharashtra
Amendment) Act, 2015.
[228] Substituted by Factories (Rajasthan
Amendment) Act, 2014.
[229] Substituted by Factories (Andhra Pradesh
Amendment) Act, 2015 (Act No. 13 of 2015).
[230]
Substituted by THE FACTORIES (HARYANA AMENDMENT) ACT, 2018
[231] Inserted by Act 94 of 1976, section 43 (w.e.f.
26-10-1976).??????????
[232] Vide Uttar Pradesh Act, 35 of 1979, section 4
(w.e.f. 21-12-1979).
[233] Inserted by Act 20 of 1987, section 40 (w.e.f.
1-12-1987).
[234] Inserted by Factories (Rajasthan
Amendment) Act, 2014.
[235] Added by Factories (Andhra Pradesh
Amendment) Act, 2015 (Act No. 13 of 2015).
[236] Inserted by THE FACTORIES (PUNJAB
AMENDMENT) ACT, 2020
[237] Inserted
by THE FACTORIES (HARYANA AMENDMENT) ACT, 2018
[238] Inserted by Act 20 of 1987, section 41 (w.e.f.
1-12-1987).
[239] Inserted by Labour Laws (Gujarat Amendment) Act,
2015.
[240] Section 115 re-numbered as sub-section (1) thereof
by Act 20 of 1987, section 42 (w.e.f. 1-12-1987).
[241] Substituted by Act 20 of 1987, section 42, for
"three months" (w.e.f. 1-12-1987).
[242] Inserted by Act 20 of 1987, section 42 (w.e.f.
1-12-1987).
[243] Substituted by the Factories (West Bengal
Amendment) Act, 2015.
[244] Inserted by Act 20 of 1987, section 43 (w.e.f.
1-12-1987).
[245] Inserted by Act 94 of 1976, section 44 (w.e.f.
26-10-1976). Earlier section 119 was repealed by Act 35 of 1950,
section 2 and Schedule 1.
[246] Inserted by Act 20 of 1987, section 44 (w.e.f.
1-12-1987).
[247] Vide Himachal Pradesh, A.L.O. 1948 (w.e.f.
25-12-1948).
[248] Inserted by Act 20 of 1987, section 45 (w.e.f.
1-12-1987).
[249] Added by Factories (Maharashtra
Amendment) Act, 2015.
[250] Substituted by S.O. 170 (E), dated 2nd March, 1989.
[251] Substituted by S.O. 342 (E), dated 19th April, 2001
(w.e.f. 19-4-2001).
[252] Lint-free dust as measured by the vertical clutricator
cotton-dust sampler.
[253] Lint-free dust as measured by the vertical clutricator
cotton-dust sampler.
[254] Substituted by
the Factories Act (Second Schedule), Amendment, 2013
vide Notification No. SO3422(E) Dated 04.11.2013 for the following : -
"(b)
Amorphous Silicate |
10 mg/m3 , Total
dust |
[Asbestos
(H.C.) |
|
(a) Amosite |
0.5 fiber/cc*** |
(b) Chrystolite |
1.0 fiber/cc*** |
(c) Crocidolite |
0.2 fiber/cc*** |
*** |
(i) For fibers
greater than 5 um in length and less than 5 um in breadth with length to
breadth ratio equal to or greater than 3 : 1. (ii) As
determined by the membrane filter method at 400-450X magnification (4mm
objective) phase contrast illumination.] |
Portland cement |
10 mg/m3 , Total
dust containing less than 1% Quartz |
Coal Dust |
2 mg/m3 ,
respirable dust fraction containing less than 5% quartz |
mppcm |
Million
particles per cubic meter of air based on impinger samples counted by
light-field techniques." |
[255] Inserted vide Notification No. SO3524(E) dated
22.12.2015.
[256] The existing Schedule re-numbered as the Third Schedule
(w.e.f. 26-10-1976) by Act 20 of 1987, section 46 (w.e.f. 1-12-1987).
[257] Inserted by Act 94 of 1976, section 45 (w.e.f.
26-10-76).
[258] Inserted by Act 20 of 1987, section 46 (w.e.f.
1-12-1987).
[259] Substituted by S.O. 343 (E), dated 19th April, 2001
(w.e.f. 19-4-2001).
[260] Added by
THE FACTORIES (HARYANA AMENDMENT) ACT, 2018