PROJECT REPORT ON

THE FACTORIES ACT, 1948

Submitted by: BALBIR SINGH Under the Supervision of: DR. K. R. CHATURVEDI In par !a" #$"#!""%&n '# (& r&)$!r&%&n #'r (& a*ar+ '# (& D&,r&& '#

Ba-(&"'r '# B$.!n&.. A+%!n!. ra !'n '# Dr. B.R. A%/&+0ar Un!1&r.! 2, A,ra 34555645578 Ap&&9a2 In. ! $ & '# T&-(n'"',2 S-(''" '# :ana,&%&n ; C'%p$ &r S-!&n-&., Gr&a &r N'!+a 6 45175<

A-0n'*"&+,&%&n
No serious and lasting achievement or success one ever achieve without the friendly guidance and cooperation of so many people involved in the work.

I would like to acknowledge my deep sense of gratitude to all those who have directly or indirectly helped me the preparation of this project report.

I would like to take this opportunity to express my gratitude to and sincere thanks to my project guide Dr. K. . !haturvedi for giving me the golden opportunity to undertake this project and motivating me to work on this challenging concept.

I would also like to express my sincere thanks to "e #r.

.!. $upta for rendering me all

assistance in collecting re%uisite data and opportunity to interact with the concerned dealing with the su"ject matter.

Ta/"& '# C'n &n .

IN& 'D(!&I'N ')*+!&I,+- .ND &/+ -!'0+ '1 &/+ -&(D2 +-+. !/ #+&/'D'3'$2 I#0' &.N!+ '1 &/+ -&(D2 .N.32-I- '1 D.&. !'33+!&+D !'N!3(-I'N0 ')3+#- .ND +!'##+ND.&I'N)I)3I'$ .0/2 .00+NDI4

INTRODUCTION
&he first 1actories .ct in India was passed in 5665. It was designed primarily to protect children and to provide for some health and safety measures. It was followed "y few .cts in 56758 5755. 5799 and 57:;. &he .ct of 57:; was passed to implement the recommendations of the oyal !ommission on 3a"our in India and the conventions of the International 3a"our 'rganisation. &he experience of the working of this .ct revealed a num"er of defects and weaknesses which hampered effective administration of the .ct. 1urther8 the provisions of this .ct regarding safety8 health and welfare of workers were also found to "e inade%uate and unsatisfactory. It was8 therefore8 felt that in view of the large and growing industrial activities in the country a radical overhauling of the law relating to factories was necessary. /ence the 1actories .ct of 57;6. &he 1actories .ct8 57;6 came into force on the 5st day of .pril 57;7. Its o"ject is to regulate the conditions of work in manufacturing esta"lishments8 which come within the definition of the term <factory= as8 used in the .ct. &he .ct extends to the whole of India including the -tate of *ammu and Kashmir. (nless otherwise provided8 it also applies to factories "elonging to the !entral or any -tate $overnment >-ec. 55?@. &he .ct was su"stantially amended in 576A. -ome provisions of the .mending .ct came into force with effect from 5st Decem"er 576A and others from 5st *une 5766. =HAT IS A FACTOR>? .ccording to -ec. 9>m@8 @#a- 'r2@ means any premises including the precincts thereofBB >i@ Chereon 5D or more Corkers are working or were working on any day of the preceding 59 months8 and in any part of which a manufacturing process is "eing carried on with the aid of power8 or is ordinarily so carried on8 or >ii@ Chereon 9D or more workers are working or were working on any day of the preceding 59 months8 and in any part of which a manufacturing process is "eing carried on without the aid of power8 or is ordinarily so carried on. &he term EfactoryE does not include a mine su"ject to the operation of the Indian #ines .ct8 57F9 or a mo"ile unit "elonging to the armed forces of the (nion8 a railway running -hed or a hotel8 restaurant or eating place. In simple words8 a factory is a premise whereon ID or more persons are engaged if power is used8 or 9' or more persons are engaged if power is not used8 in a manufacturing process.

1or computing the num"er of workers8 all the workers in different groups and relays in a day shall "e taken into account G+xpl. 5 to -ec. 9 >m@H. 1or the purposes of sec. 9>m@8 the mere fact that an +lectronic Data 0rocessing (nit or a !omputer (nit is installed in any premises or part thereof8 shall not "e construed to make it a factory if no manufacturing process is "eing carried on in such premises or part thereof G+xpl. 9 to -ec. 9>m@ as introduced "y the .mendment .ct of 576AH. :&an!n, '# Pr&-!n- .A &he definition of the term EfactoryE in -ec. 9 >m@ envisages premises which have precincts8 as the expression used in the definition is Epremises including the precincts thereof. E0recinctsE are usually understood as a space enclosed "y walls or fences. Chere premises are "uildings8 they would include precincts. Chat are the precincts of a particular premise is a %uestion of fact to "e determined according to the circumstances of each particular case. &he word EpremisesE is not to "e confined in its meaning to "uildings alone. EBa%p"&. . security fence enclosed a concrete apron of an airfield adjoining a hangar used for testing planes. /eld8 the airfield 1ell within the meaning of the precincts of factory GCells .v. Ceather $round #ech.co.3tdH. Chether any esta"lishment is a factory. In order to determine whether any esta"lishment is a factory8 two things must "e provedI 318 &hat a manufacturing process is "eing carried on8 in any part of the premises of that esta"lishmentJ and 348 &hat there are prescri"ed num"er of workers working in any part of the premises where the manufacturing process is "eing carried on. #ere fact that power is used in a premises is hot the deciding factorJ the power used must "e in the aid of the manufacturing process GNew &aj #ahal /otel v. Inspector of 1actories. >57F?@ 5.3.3.*. 9A:H.

T(& #'""'*!n, (a1& /&&n (&"+ ' /& #a- 'r!&.A 3a8 -alt works which consist merely of open stretches of large areas of land with some temporary shelters G.rdeshir .. )hiwandiwala v. -tate of )om"ay8 .I. . >57?9@ -.!.97H. 3/8 ailway workshops GIndar -ingh v. -ecretary of -tate8 ..I. . >5797@ 3ah. FA:H. 3-8 . premises where the manufacturing process is carded on with A persons employed permanently and : persons employed temporarily in repairs of part of machinery G/ari Krishan K .nother v. -tate8 ..I. . >57F7@ .ll. 57A;H. 1or proper understanding of the meaning of the term Efactory8 the following three terms should "e clearly understood. 1.:an$#a- $r!n, pr'-&.. G-ec. 9 >k@H. It means any process for. L 3!8 #aking8 altering8 repairing8 ornamenting8 finishing8 packing8 'iling8 washing8 cleaning8 "reaking up8 demolishing8 or otherwise treating or adapting any article or su"stance with a view to its use8 sale8 transport8 delivery or disposal8 or 3!!8 0umping oil8 water8 sewage8 or any other su"stance8 or 3!!!8 $enerating8 transforming or transmitting power8 or 3!18 !omposing types for printing8 printing "y letter press. 3ithography8 photogravure or other similar process or "ook "inding8 or 318 !onstructing8 reconstructing8 repairing8 refitting8 finishing8 "reaking up ships or vessels8 or 31!8 0reserving or storing any article in cold storage. -ome of the processes8 which have "een held to "e manufacturing processes8 are as followsI >a@ )idi making G!hintaman ao v8 -tate of #. 0.8 >57?9@ -.!.*. :66H. >"@ #oulding and transformation of raw cinematography films into a finished product G$emini -tudio v. -tate8 >57F9BF:@ ; 1.*. . :97H. >c@ Cork clone in a salt work8 which consists of converting seawater into salt G.rdeshir /. )hiwandiwala v. -tate of )om"ay8 ..I. . >57?9@ -.!. 97H. >d@ (se of a refrigerator for treating or adapting any article with a view to its sale GNew &aj #ahal !afe 3td. v. Inspector of 1actories8 >57F?@ 5 3.3.*. 9A:H.

>e@ Cork of composition In printing "usiness G,.K. 0ress v. .uthority8 ..I. . >57FF@ .ll. AD9H. >f@ (se of electric motor for the purpose of lifting or pumping water G-yed #oosa KaMimi v. K.#. -heriff8 ..I. . >57F7@ #ad. F;9H. >g@ 0rocess of moistening8 stripping and packing of to"acco leaves G,.0. $opala 0u"lic 0rosecutor8 ..I. . >57AD@ -.!. ??H. ao v.

>h@ .ctivities of petrol pump G$ateway .uto -ervices v. egional Director8 +.-.3 !orpn. >5765@ 3a". I.!. ;7H. In deciding whether a particular "usiness is a manufacturing process or not. egard must "e had to the circumstances of each8 particular case. &o constitute a manufacturing process8 there must "e some transformation. i.e.8 the article must "ecome commercially known as something different from which it ac%uires its existence.

='r0&r
G-ec. 9 >l@H. . worker means a person employed8 directly or "y or through any agency >including a contractor@ with or without the knowledge of the principal employer. /e may "e employed for or without remuneration. )ut he must "e employed in a manufacturing process8 or in cleaning some part of the machinery or premises used for the manufacturing process8 or in some other kind of work incidental to8 or connected with8 the manufacturing process8 or the su"ject of the manufacturing process. . worker does not include any mem"er of the armed forces of the (nion. R&"a !'n.(!p '# :a. &r an+ S&r1an . &he expression EemployedE in the a"ove definition means that the relationship of master and servant must exist. It makes no difference whether the worker employed in the manufacturing process is paid wages or not or is paid wages on timeBrate "asis or pieceBrate "asis. Chether a particular person is a worker depends upon the terms of contract "etween him and the employer. . worker does not include an independent contractor or his coolies or servants who are not under the control and supervision of the employer. O/"!,a !'n. '# ='r0&r. >-ec. 555@. . worker in a factory shall notN >a@ Cillfully interfere with or misuse any appliance convenience or 'ther thing provided in the factory for the purposes of securing the health8 safety or welfare of the workers thereinJ >"@ Cilfully and without reasona"le cause do anything likely to endanger himself or othersJ and

>c@ Cilfully 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 G-ec. 555>5@H. If any worker employed in a factory contravenes any of the provisions of -ec. 555 or any rule 'r order made there under8 he shall "e punisha"le with imprisonment for a term which may extend to : months8 or with fine which may extend to s. 5DD or with "oth G-ec. 555 >9@H. ights of workers8 etc. >-ec. 555B. as introduced "y the .mendment .ct of 576A@. +very worker shall have the right toBB 3!8 '"tain from the occupier8 information relating to workersE health and safety at workJ 3!!8 $et trained within the factory wherever possi"le8 or to get himself sponsored "y the occupier for getting trained in a training center or institute8 duly approved "y the !hief Inspector8 where training is imparted for workersE health and safety t workJ 3!!!8 epresent to the Inspector directly or through his representative in the matter of inade%uate provision for protection of his health or safety in the factory.

P'*&r
CS&-, 4 3,8D. It means electrical energy8 or any other form of energy8 which is mechanically transmitted and is not generated "y human or animal agency. Different departments to "e separate factories or 9 or more factories to "e a single factory >-ec. ;@. &he occupier of a factory may apply to the -tate $overnment that the different departments or "ranches of the factory of the occupier "e treated as separate factories. /e may also apply to the -tate $overnment that 9 or more factories of the occupier specified in the application "e treated as a single factory. &he -tate $overnment may8 "y an order in writing8 accede to the re%uest of the occupier. EB&%p !'n D$r!n, P$/"!- E%&r,&n-2 G-ec. FH. In any case of pu"lic emergency the -tate $overnment may8 "y notification in the 'fficial $aMette8 exempt any factory or class or description of factories from all or any of the provisions of this .ct except -ec. ?A >which deals with prohi"ition of employment of young persons@. &his exemption may"e for a specified period not exceeding : months at a time and su"ject to such conditions as the -tate $overnment may think fit to impose. 0u"lic emergency means a grave emergency where"y the security of India or of any part of the territory thereof is threatened8 whether "y war or external aggression or internal distur"ance G+xpl. to -ec. FH. -ec. 6? empowers the -tate $overnment to exempt certain workshops or workplaces attached to pu"lic institutions maintained for the purposes of education8 training8 research or reformation8 from all or any of the provisions of the .ct.

!ertain premises deemed to "e in factory >-ec. 6F@. &he -tate $overnment may8 "y notification in the 'fficial $aMette8 declare any esta"lishment carrying on a manufacturing process to "e a factory for the purposes8 of the .ct even though the num"er of persons employed therein is less than the prescri"ed minimum num"er of workers. If the manufacturing process is "eing carried on "y the owner only with the aid of his family. -ec. 6F will not apply.

DEFINITIONS
318 Adult G-ec 9 >a@H. .n EadultE means a person who has completed his 56th year of age. 348 Adolescent G-ec. 9 >"@H. .n EadolescentE means a person who has completed his 5Fth year of age "ut has not completed his 56th year. 378 Child G-ec. 9 >c@H. . EchildE means a person who has not completed his 5Fth year of age. 34@ Competent person G-ec. 9 >a@ as introduced "y the .mendment .ct of 576AH. E!ompetent personE8 in relation to any provision of the .ct8 means a person or an institution recogniMed as such "y the !hief Inspector. &he recognition must "e for the purposes of carrying out tests. examinations and inspections re%uired to "e done in a factory under the provisions of the .ct. &his recognition must "e given having regard toBB >a@ &he %ualifications and experience of the person and the facilities availa"le at his disposalJ or >"@ &he %ualifications and experience of the person employed in such institution and facilities availa"le therein with regard to the conduct of such tests8 examinations and inspections. It may "e noted that more than one person or institution may "e recogniMed as competent persons in relation to a factory. 3E8 Hazardous process G-ec. 9 >"@HI as introduced "y the .mendment .ct of 576AH. It means any process or activity in relation to an industry specified In the 1irst -chedule where8 unless special care is taken8 raw material used therein or the intermediate or finished productsJ "ye8 products8 wastes or effluents thereof wouldBB >a@ !ause material impairment to the health of the persons engaged in or connected therewith8 or >"@ esult in the pollution of general environment. &he -tate $overnment may8 "y notification in the 'fficial $aMette8 amend the 1irst -chedule "y way of addition8 omission or variation of any industry specified in the first -chedule. &he .mendment .ct of 576A has introduced the definition of <haMardous process=.

3<8 Calendar year Gsec. 9 >""@H. It means the period of 59 months "eginning with the 5st day of *anuary in any year. 3F8 Young person G-ec. 9>"@H. . Eyoung personE means a person who is either a child or an adolescent. 388 Day G-ec. 9 >e@H. It means a period of 9; hours "eginning at midnight. 398 Wee G-ec. 9 >f@H. It means a period of A days "eginning at midnight on -aturday night or the !hief Inspector of 1actories may approve such other night as in writing for a particular area. 3158 !rime mover G-ec. 9 >h@H. It means any engine8 motor or other appliance8 which generates or otherwise provides power. 3118 "ransmission machinery G-ec. 9 >I@H. It means any shaft8 wheel8 drum8 pulley8 system of pulleys8 coupling8 clutch8 driving "elt or other appliance or device "y which the motion of a prime mover is transmitted to or received "y any machinery or appliance. 3148 #ccupier G-ec 9 >n@H. E'ccupierE of a factory means the person who has ultimate control over the affairs of the factory. In the case of a firm or other association of individuals8 any one of the partners or mem"ers thereof shall "e deemed to "e the occupier. In the case of a company8 the directors shall "e deemed to "e the occupier. In the case of a factory owned or controlled "y the !entral $overnment or any -tate $overnment or any local authority8 the person or persons appointed to manage the affairs of the factory "y the !entral $overnment8 the -tate $overnment or the local authority8 as the case may "e8 shall "e deemed to "e the occupier. T(& A%&n+%&n A- '# 198F (a. -'n.!+&ra/"2 &n"ar,&+ (& +&#!n! !'n '# G'--$p!&rH. . partner in a firm who has ultimate control over the affairs of a factory is an occupier G-ohanlal v. -tate of ajas than. >57?9@ 5.3.3.*. ?DFH. .n EoccupierE may "e an owner8 a lessee or a mere licensee8 "ut he must have the right to occupy the property and dictate terms of management G+mperor v. *amshedji Nuservanji #odi8 ..I. . >57:5@ )om. :D6H. /e must "e in possession of the factory and control its working. . mere servant charged with specific duties in regard to the control of the machinery8 workmen or office is not an EoccupierE. 3178 Shift and relay G-ec. 9 >r@H. Chere work of the stone kind is carried outB"y 9 or more sets of workers working during different periods of the day8 each of such sets is called a ErelayE and each of such periods is called a EshiftE. eferences to time of day >sec. :@. In the 1actories .ct references to time of day are references to Indian -tandard &ime8 "eing FB5O9 hours ahead of $reenwich #ean &ime. )ut for any area in which Indian -tandard &ime is not ordinarily o"served8 the -tate $overnment may make rules >a@ specifying the area8 >"@ defining the local mean time

ordinarily o"served therein8 and >c@ permitting such time to "e o"served in all or any of the factories situated in the area.

O/9&- !1& an+ (& S-'p& '# (& S $+2

&o find out the attri"utes which make &he 1actories .ct8 57;6. -cope for generaliMation of the results a study needs to "e undertaken "ased in a larger sample across different industries. -ince the study is confined to Delhi only8 the findings cannot "e applied to other parts of the country.

R&.&ar-( :& ('+'"',2

T2p& '# R&.&ar-(A +xploratory and Descriptive. Sa%p"& Un! .A &he .mendment .ct of 576A8 prescri"ing the general duties of the occupier in regard to the health8 safety and welfare of the workers in his factory8 has introduced a new -ec. AB.. .ccording to it8 every occupier shall ensure8 so far as is reasona"ly practica"le8 the health8 8 safety and welfare of all workers while they are at work in the factory G-ec. AB. >5@H. -ec. AB. >9@ enumerates the matters in regard to health8 safety and welfare of the workers. &hese matters includeBB >a@ &he provision and maintenance of plant and systems of work in. the factory that are safe and without risks to healthJ >"@ &he arrangements in the factory for ensuring safety and a"sence of risks to health in connection with the use8 handling8 storage and transport of articles and su"stances. >c@ &he provision of such information8 instruction8 training and supervision as are necessary to ensure the health and safety of all workers at workJ >d@ >i@ &he maintenance of all places of work in the factory in a condition that is safe and without risks to health and >ii@ the provision Jand maintenance of such means of access to and egress from such places as are safe and without such risksJ >e@ &he provision8 maintenance or monitoring of such working environment in the factory for the workers that is >i@ -afe. >ii@ Cithout risks to health8 and >iii@ ade%uate as regards facilities and arrangements for their welfare at work G-ec. AB. >9@H. Sa%p"& D&.!,nA NonBpro"a"ility sampling was resorted to and the methods used is !onvenience sampling and *udgement sampling. Da a C'""&- !'nA Data was collected "oth from -econdary sources as well as 0rimary data was also collected. -econdary data was soured from various pu"lished sources which includes magaMines like .K#8 Newspapers. eport of 1actory .ct 57;6

I%p'r an-& '# (& . $+2

>5@ Cork on or near machinery motion Gsec. 99 >9@H. >9@ +mployment of young persons on dangerous machines Gsec. 9:>5@H. >:@ 0rohi"ition of employment near cottonBopeners >sec. 9A@. >;@ Dangerous operations G-ec. 6A>"@H. No young person shall "e employed on any operation carried on in a factory8 which exposes the young person to a serious risk of "odily injury8 poisoning or disease. >F@ Ceekly holidays >-ec. F9@ every adult worker in a factory shall "e allowed a holiday during a week. .s such no adult worker shall "e re%uired or allowed to work in a factory on the first day of the week8 which is a -unday. )ut the manager can su"stitute for -unday any of the : days preceding or following it. /e shall8 however8 deliver a notice at the office of the Inspector of his intention to re%uire the worker to work on that day. -uch notice shall also "e displayed in the factory. No su"stitution can8 however8 "e made which results in any worker working for more than 5D days consecutively without a holiday for a whole day G-ec. F9 >5@H.

Ana"2.!. '# Da a C'""&- &+

&he -tate $overnment is empowered under -ec. ? to make rules re%uiring the su"mission of plans8 and approval8 licensing and registration of factories. &he effect of -ec. ? is that "efore a site is used for a factory8 previous permission in writing of the -tate $overnment or of the !hief Inspector has to "e o"tained. &his permission is granted only when an applicant has duly complied with directions enjoined "y -ec. ?. App"!-a !'n #'r p&r%!..!'n. (nder -ec. ?8 the -tate $overnment may make rules re%uiring the su"mission of plans of factories to the !hief Inspector or the -tate $overnment. -ec. ? further re%uires the previous permission in writing to "e o"tained for the site on which the factory is to "e situated and for the construction or extension of the factory. .n application for such permission may "e made to the -tate $overnment or the !hief inspector8 along with the duly certified plans and specifications. &he -tate $overnment may also rules re%uiring the registration and licensing of factories and prescri"ing the fees paya"le for such registration and licensing and the renewal of licenses. )ut no such license shall "e granted or renewed unless the notice specified in -ec8 A has "een given G-ec. ? >5@H. 0resumption of permission if nothing is heard within : months. If on an application to the -tate $overnment or the !hief Inspector for permission accompanied "y plans and specification of a factory8 nothing is heard within : months8 the permission is deemed to "e granted G-ec. ? >9@H .ppeal Chere a -tate $overnment refuses to grant permission to the site8 construction or extension of a factory or to the registration and licensing of a factory8 the applicant may within :D days of the date of such refusal appeal to the !entral $overnment. Chere a !hief Inspector refuses to grant such permission8 the applicant may8 within :D days of refusal8 appeal to the -tate $overnment G-ec. ? >:@H. N' !-& /2 '--$p!&r 3S&-.F8 &he occupier shall8 at least 5F days "efore he "egins to occupy or use any premises as a factory8 send to the !hief inspector a written notice containingBB >a@ &he name and situation of the factoryJ >"@ &he name and address of the occupierJ >c@ &he name and address of the owner of the premises or "uliding >including the precincts thereof@J >d@ &he address to which communications relating to the factory may "e sentJ

>e@ &he nature of the manufacturing process toB"e carried on in the factory during the next 59 monthsJ >f@ &he total rated horse power installed or to "e installed in the factory >not including the rated horse power of any separate stand"y plant@J >g@ &he name of the manager of the factory for the purposes of this .ctJ >h@ &he num"er of workers likely to "e employed in the factoryJ and >i@ -uch other particular as may "e prescri"ed G-ec. A >i@H. )efore a factory engaged in a manufacturing process which is ordinarily carried on for less than 56D working days in an year resumes working8 the occupier shall send i written notice to the !hief containing the particulars specified in -ec. A >5@ at least :D days "efore the date of the commencement of work G-ec. A >:@H. &he rules regarding the plans and specifications of a factory are essential to ensure proper sanitation8 ventilation8 proper working conditions and other health measures. G&n&ra" D$ !&. '# (& O--$p!&r 3S&-. FA8 In addition to the a"ove duties8 every occupier shall alsoBB >a@ 0repare8 and. as often as may "e appropriate8 revise8 a written statement of his general policy with respect to >i@ the health and safety of the workers at work. and >ii@ &he organisation and arrangements for thee time "eing in force for carrying out that policy8 and >"@ )ring the statement and any revision thereof to the notice of all the workers. In some cases as may "e prescri"ed an occupier may "e exempted from this duty G-ec. AB. >:@H. $eneral duties of manufactures8 etc. as regards articles and su"stances for use in factories >-ec. AB)@ . new -ection8 -ec. AB)8 has "een introduced "y the .mendment .ct of 576A prescri"ing the general duties of manufacturers8 etc. as regards reticules and su"8 stances for use in factories. &he purpose of -ec. AB) is also to ensure health and safety of the workers working in factories wherein these articles and su"stances are used. &he provisions of -ec. AB) are as followsI 5. 0roper design and construction8 testing and information. +very person who designs8 manufactures8 imports or supplies any article for use in any factory shallBB

>a@ +nsure that the article is so designed and constructed as to "e safe and without risks to the health of the workers when properly usedJ >"@ !arry out or arrange for the carrying out of such tests and examinationOas may "e considered necessary for the effective implementation of the provisions of !lause >a@J >c@ &ake such steps as may "e necessary to ensure that ade%uate information will "e availa"leB >i@ In connection with the use of the article in any factoryJ >ii@ ."out the use for which it is designed and testedJ and >iii@ ."out any conditions necessary to ensure that the article when put to such use8 will "e safe. and without risks to the health of the workers G-+!. AB) >i@H. .rticles designed or manufactured outside India Chere an article is designed or manufactured outside India8 it shall "e o"ligatory on the part of the importer to seeBBB >a@ &hat the article conforms to the same standards if such article Is manufactured in India or >"@ If the standards adopted in the country outside for the manufacture of such article are a"ove the standards adopted in India that the article conforms to such standards G0roviso to -ec. AB) >5@. 9. esearch. +very person8 who undertakes to design or manufacture any article for use in any factory8 may carry out or arrange for the !arrying out 'f necessary research. &his may "e necessary with a view to the discovery and the elimination or minimlsation of any risks to the health or safety of the workers in which the design or article may give rise G-ec. AB) >9@H. /e need not repeat the testing8 examination or research which has "een carried out "y some one else or at his Instance if he can reasona"ly rely on the results of testing etc. for the purposes of -ec. AB) >i@ and >9@ G-ec. AB) >:@H. :. Duty to extend to things done in course of "usiness. .ny duty imposed on any person "y -ec. AB) >5@ and >9@ shall extend only to things done In the course of "usiness carried on Day nun and to matters within his control G-ec. AB) >;@H. ;. (ndertaking "y the user. -ometimes a person may design8 manufacture8 import or supply an article on the "asis of a written undertaking "y the user of such article to take the steps specified In the undertaking to ensure that the article will "e safe and without risks to the health of the workers when properly used. -uch an undertaking shall have the effect of relieving the person designing8 manufacturing8 importing or supplying the article from the duty imposed "y -ec. AB) >5@ >a@ to such extent as is reasona"le having regard to the terms of the undertaking G-ec. AB) >F@H.

F. Chen article not properly used. 1or the purposes of -ec. AB) an article is not to "e regarded as properly used if it is used without regard to any information or advice relating to its use which has "een made availa"le "y the person who has designed8 manufactured8 imported or supplied the article G-ec. AB) >?@H. 1or the purpose of -ec. AB) EarticleE shall include plant and machinery >+xpl. to -ec. AB)@.

C'n-"$.!'n
Inspectors >-ec. 6@ .ppointment -ec. 6 provides for the appointment of !hief Inspector. .dditional !hief Inspectors8 *oint !hief Inspectors8 Deputy !hief Inspectors8 and Inspectors. .ccording to it8 the -tate $overnment may8 "y notification In the 'fficial $aMette8 appoint any person to "e a !hief Inspector to exercise the powers conferred on him "y the 1actories .ct. /e shall also exercise the powers of an Inspector throughout the -tate G-ec. 6 >9@H. &he -tate $overnment may also appoint8 "y notification in the 'fficial $aMette8 such persons as possess the prescri"ed %ualifications to "e Inspectors. It may assign to the Inspectors such local limits as it may think fit G-ec. 6 >5@H. &he -tate $overnment may8 "y notification In the 'fficial $aMette8 also appoint as many .dditional !hief inspectors8 *oint !hief Inspectors8 Deputy !hief Inspectors and as many other officers as it thinks fit to assist the !hief Inspector and to exercise such of the powers of the !hief Inspector as may "e specified in the notification G-ec. 6 >9B.@H. +very !hief InspectorJ .dditional !hief Inspector8 *oint !hief Inspector8 Deputy !hief Inspector8 Inspector and every other officer appointed under -ec. 6 is deemed to "e a pu"lic servant within the meaning of the Indian 0enal !ode8 56?D G-ec. 6 >A@H. No person who is or "ecomes directly or indirectly interested in a factory or in any process or "usiness carried on therein or in any patent or machinery connected therewith shall act as a !hief Inspector8 .dditional !hief Inspector8 *oint !hief Inspector8 Deputy !hief Inspector8 Inspector or any other officer appointed under -ec. 6 >9B.@ G-ec. 6 >:@H. &he -tate $overnment may also8 "y notification in the 'fficial $aMette8 appoint additional Inspectors within such local limits as it may assign to them respectively G-ec. 6 >F@H. In any area where there are more Inspectors than one. the -tate $overnment may declare the powers which such Inspectors shall respectively exercise and the Inspector to whom the prescri"ed notices are to "e sent G-ec. 6 >?@H.

P'*&r. '# In.p&- 'r.

>-ec. 7@. .n Inspector may8 within the local limits for which he is appointedBBB 3a8 +nter8 with assistants who are in the service of the $overnment or any local or other pu"lic authority or with an expert8 the premises of a factoryJ

3/8 #ake examination of the premises8 plant8 machinery8 article or su"stanceJ 3-8 In%uire into any accident or dangerous occurrence8 whether resulting in "odily injury8 disa"ility or not8 and take on the spot or otherwise statements of any person which he may consider necessary for such in%uiryJ 3+8 e%uire the production of any prescri"ed register or any other document relating to the factoryJ

3&8 -eiMe8 or take copies of8 any register8 record or other document or any portion thereof8 as he may consider necessary in respect of any offence under this .ct8 which he has reason to "elieve8 has "een committedJ 3#8 Direct the occupier that any premises or any part thereof8 or anything lying therein8 shall "e left undistur"ed >whether generally or in particular respects@ for so long as is necessary for the purpose of any examination under !lause >"@J 3,8 &ake measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under !lause >"@ &aking with him any necessary instrument or e%uipmentJ 3(8 In case of any article or su"stance found in any premises8 "eing an article or su"stance which appears to him as having caused or is likely to cause danger to the health or safety of the workers8 direct it to "e dismantled or su"ject it to any process of test >"ut not so as to damage or destroy it unless the same is necessary for carrying out the purposes of this .ct@. 1urther8 he may take possession of any such article or su"stance or a part thereof8 and detain it for so long as is necessary for such examinationJ 3!8 +xercise such other powers as may "e prescri"ed. &he a"ove powers of an Inspector are su"ject to any rules8 which may "e made "y the -tate $overnment in this "ehalf. Additional po$ers% An &nspector has also the po$er''' >a@ &o re%uire medical examination of a young personE working in a factory >-ec. AF@8 and also >"@ &o take sample of any su"stance used8 or intended to "e used8 in a factory for the purpose of finding out if the su"stance is injurious to the health of the workers >-ec. 75@.

P&na" 2 #'r '/. r$- !n, In.p&- 'r

>-ec. 7F@. Choever wilfully o"structs an Inspector in the exercise of any power conferred on him "y or under the .ct8 or falls to produce on demand "y an Inspector any registers or documents8 shall "e punished with imprisonment up to ? months or with fine up to s. 5D8DDD or with "oth. C&r !#2!n, .$r,&'n. >-ec. 5D@. .ppointment. &he -tate $overnment may appoint %ualified medical practitioners to "e certifying surgeons for specified local limits or factories G-ec. 5D >5@H. . certifying surgeon may8 with the approval of the -tate $overnment8 authoriMe any %ualified medical practitioner to exercise any of his powers G-ec. 5D >9@H. )ut no person shall "e appointed

a certifying surgeon who is or "ecomes the occupier of a factory or is or "ecomes directly or indirectly interested therein G-ec. 5D >:@H. &he -tate $overnment may exempt any person or class of persons from the provisions of -ec. 5D >:@ in respect of any factory or class or description of factories G0roviso to -ec. 5D >:@H. &he exemption shall however "e made "y order in writing and su"ject to such conditions as may "e specified in the order. Duties of !ertifying -urgeons. &he certifying surgeon shall carry out such duties as may "e prescri"ed in connection withBBB >a@ &he examination and certification of young personsJ >"@ &he examination of persons engaged in factories in dangerous occupations or processesJ >c@ &he exercising of such medical supervision as may "e prescri"ed for any factory where >i@ cases of illness have occurred which it is reasona"le to "elieve are due to the nature of the manufacturing process carried on8 or other conditions of work prevailing8 thereinJ >ii@ "y reason of any change in the manufacturing process carried on or in the su"stances used therein8 there is a likelihood of injury to the health of workers employed in that manufacturing processJ >iii@ young persons are8 or are a"out to "e8 employed in any work which is likely to cause injury to their health G-ec. 5D>;@H.

HEALTH, SAFET> AND =ELFARE

&he .ct makes detailed provisions in regard to various matters relating to health8 safety and welfare of the workers. &hese provisions impose upon the occupiers or managers certain o"ligations >a@ to protect workers8 unwary as well as negligent8 from accidents and >"@ to secure for them in employment8 conditions conducive to their health8 safety8 and welfare. &hese provisions also re%uire the occupiers or managers to maintain inspection staff and to make provision for maintenance of health8 cleanliness8 prevention of overcrowding8 and amenities like lighting8 ventilation8 drinking water8 etc HEALTH &he .ct dears with the provisions ensuring the health of the workers in the conditions under which work is carried on in factories. &hese provisions are as followsI 1. C"&an"!n&.. >-ec. 55@. 1actory to "e kept clean and free from effluvia and dirt. >5@ +very factory shall "e kept clean and free from effluvia arising from any drain8 privy8 or other nuisance. .ccumulation of dirt and refuse shall "e removed daily "y some effective method. &he

floor of every workroom shah "e cleaned at least once in every week "y washing8 using disinfectants8 where necessary8 or "y some effective method. >9@ +ffective means of drainage. Chere a floor is lia"le to "ecome wet in the course of any manufacturing process to such an extent as is capa"le of "eing drained8 effective means of drainage shall "e provided. >:@ (se of disinfectants8 etc.8 painting and varnishing. (se of disinfectants8 detergents8 painting8 repainting and varnishing8 revarnishing8 whitewashing or colourwashing shall "e resorted to. 4. D!.p'.a" '# *a. &. an+ &##"$&n . >-ec. 59@. >5@ &reatment of wastes and effluents are their disposal +ffective arrangements shah "e made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein8 so as to render them innocuous8 and for their disposal G-ec. 59 >5@H. >9@ ules "y the -tate $overnment prescri"ing arrangements. &he -tate $overnment may make rules prescri"ing the arrangements to "e made in this regard. It may also re%uire that such arrangements shall "e approved "y such authority as may "e prescri"ed G-ec. 59 >9@H.

7. V&n !"a !'n an+ &%p&ra $r& >-ec. 5:@. >5@ #aintenance of ade%uate ventilation and temperature. +ffective and suita"le provision shah "e made in every factory for securing and maintaining in every workroomBB >a@ .de%uate ventilation "y the circulation of fresh air8 and >"@ -uch a temperature as will secure to workers thereinBreasona"le conditions of comfort and prevent injury to health. >9@ 0rocess producing high temperature to "e separated. &he walls and roofs shall "e of such materials and so designed that the temperature shall not "e exceeded "ut kept as low as practica"le. &he process8 which produces high temperatures8 shall "e separated from the workroom8 "y insulating the hot parts or "y other effective means G-ec. 5: >5@H. >:@ -tandard of ade%uate ventilation and temperature to "e prescri"ed and provision of measuring instruments. &he -tate $overnment may prescri"e a standard of ade%uate ventilation and reasona"le temperature for any factory and direct that proper measuring instruments shah "e provided and such records as may "e prescri"ed shall "e maintained G-ec. 5: >9PH8 >;@ 0rescription of measures "y the -tate $overnment to reduce temperatures. Chere excessively high temperatures can "e reduced "y such methods as whitewashing8 spraying8 or insulating and screening outside walls or roofs or windows8 or "y raising the level of the roof or "y insulating the roof8 the -tate $overnment may prescri"e such of these or other methods as shall "e adopted in the factory G-ec. 5: >:@H.

>F@ -ervice of notice "y the !hief Inspector on the occupier to adopt mesures for reduction of temperatures. If it appears to the !hief Inspector that excessively high temperatures in any factory can "e reduced "y the adoption of suita"le measures8 he may serve on the occupier an order in writing -pecifying the measures which in his opinion should "e adopted and re%uiring them to "e carried out "efore a specified date G-ee. 5: >;@H. 4. D$. an+ #$%& >-ec. 5;@. >5@ #easures for prevention of inhalation or accumulation of dust and fumes. Chere dust or fume or impurity of such a nature as is likely to "e injurious or offensive to the workers is given off as a. result of the manufacturing process "eing carried on in a factory8 effective measures snail "e taken in the factory for prevention of inhalation or accumulation of dust and fumes in workrooms. If for such a purpose any exhaust appliance is necessary8 it shah "e applied as near as possi"le to the point of origin of the dust8 fume or other impurity and such point shall "e enclosed so far as possi"le G-ec. 5; >5@H.

>9@ +xhaust for internal com"ustion engine. . stationary internal com"ustion engine shah not "e operated unless the exhaust is conducted into the open air. 'ther internal com"ustion engines shall not "e operated in any room unless effective measures have "een taken to prevent accumulation of fumes there from which are injurious G-ec. ;>9@H. E. Ar !#!-!a" ($%!+!#!-a !'n >-ec. 5F@. >5@ 0rescription of standards of humidificationBBventilation and cooling of air. In respect of ah factories in which the humidity of the air is artificially increased8 the -tate $overnment may make rules prescri"ing standards of humidification. It may also make rules regulating the methods used for artificially increasing the humidity of the air. It may further make rules prescri"ing methods to "e adopted for securing ade%uate ventilation and cooling of the air in the workrooms G-ec. 5F >5@H. >9@ Cater used for artificial humidification to "e clean. In any factory in which the humidity of the air is artificially increased8 the water used for the purpose shall "e taken from a pu"lic supply or other source of drinking water8 or shall "e effectively purified8 "efore it is so used Gsec. 5F >9@H. <. O1&r-r'*+!n, >-ec. 5?@. >5@ 'vercrowding injurious to health of workers to "e avoided. &here shah not "e overcrowding in any room of the factory so as to "e injurious to the health of the workers employed therein >sec. 5? >5@H. >9@ 7.7O5;.9 !u"ic meters of space per worker. &here shall "e at least 7.7 cu"ic meters >for the factories in existence at the time of the commencement of the .ct@ and 5;.9 cu"ic meters >for the factories "uilt after the commencement of the .ct@ of space for every worker8 in calculating the space of 7.7 or 5;.9 cu"ic meters8 no account shall "e taken of

any space which is more than ;.9 meters a"ove the level of the floor of the room G-ec. 5? >9@H. >:@ Notice of maximum of workers to "e employed in a workroom. EIf the !hief Inspector "y order in writing so re%uires8 there shall "e posted in each workroom of the factory a notice specifying the maximum num"er of workers who may "e employed in the workroom G-ec. 5? >:@H. F.L!,( !n, >-ec. 5A@. >5@ -ufficient and suita"le lighting in every part of factory. In every part of a factory where workers are working or passing there shall "e provided and maintained sufficient and suita"le lighting8 natural or artificial8 or "oth G-ec. 5A >5@H. >9@ $loMed windows and skylights to "e kept clean. .ll glaMed windows and skylights used for the lighting of the workrooms shall "e kept clean on "oth the inner and outer surfaces and free from o"struction G-ec. 5A >9@H. >:@ #easures for prevention of glare and formation of shadows. +ffective provision shall also "e made for the prevention of >a@ glare8 either directly from a source of light or "y reflection from a smooth or polished surfaceJ and >"@ the formation of shadows to such an extent as to cause eye strain or the risk of accident to any worker G-ec. 5A >:@H. >;@ 0rescription of standards of sufficient and suita"le lighting. &he -tate $overnment may prescri"e standards of sufficient and suita"le lighting for factories or for any class or description of factories or for any manufacturing process G-ec. 5A Q;@H. 8. Dr!n0!n, *a &r >-ec. 56@. >5@ -uita"le points for wholesome drinking water. In every factory8 effective arrangements shall "e made to provide and maintain at suita"le points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water G-ec. 56 >5@H. >9@ Drinking points to "e legi"ly marked and to "e away from urinal8 latrine8 etc. .ll points for supply of drinking water shall "e legi"ly marked Edrinking waterE in a language understood "y a majority 'f the workers employed in the factory. -uch points shall "e situated "eyond ? meters of any washing place8 urinal8 latrine8 spittoon8 open drain carrying sullage or effluent or any other source of contamination unless shorter distance is approved in writing "y the !hief Inspector G-ec. 56>9@H. >:@ !ooling of drinking water where more than 9FD workers employed. In every factory wherein more than 9FD workers are ordinarily employed8 provision shall "e made for cooling drinking water during hot weather "y effective means and for distri"ution thereof G-ec. 56>:@H. 9. La r!n&. an+ $r!na". >-ec. 57@. >5@ -eparate latrines and urinals for male and female workers conveniently situated and ade%uately lighted and ventilated. In every factory8 separate enclosed accommodation of

latrines and urinals of prescri"ed types for male and female workers shall "e provided for. -uch accommodation shall "e conveniently situated and accessi"le for workers at all times. It shall "e ade%uately lighted and ventilated and maintained in a clean and sanitary condition. -weepers shall also "e employed for keeping clean latrines8 urinals and washing places G-ec. 57 >5@H. >9@ 3atrine and urinal accommodation to "e of prescri"ed sanitary typesBBfloors and walls to "e glaMed and their cleaning. In factories wherein more than 9FD workers are ordinarily employed >a@ all latrine and urinal accommodation shall "e of prescri"ed sanitary typesJ >"@ the floors and internal walls8 up to a height of 7D centimeters8 of the latrines and urinals and the sanitary "locks shall "e laid in glaMed tiles or otherwise finished to provide a smooth polished impervious surfaceJ >c@ the sanitary pan of latrines and urinals shall "e thoroughly washed and cleaned at least once in every A days with suita"le detergents or disinfectants8 or with "oth G-ec. 57 >9@H.8 15. Sp! ''n. >-ec. 9D@. >5@ -ufficient num"er of spittoons. In every factory8 there shall "e provided a sufficient num"er of spittoons in convenient places and they shall "e maintained in a clean and hygienic condition G-ec. 9D >5@H. >9@ Display of notice of provision of spittoons. No person shall spit within the premises of a factory except in the spittoons provided for the purpose. . notice containing the provision of spittoons in the factory shall "e prominently displayed at suita"le places in the premises. &he penalty for spitting anywhere except in the spittoons shall also "e prominently displayed G-ec. 9D >:@H. >:@ 0enalty. Choever spits in contravention of -ec. 9D >:@ shall "e punisha"le with fine not exceeding s. F G-ec. 9D >;@H.

SAFET>
&he safety provisions are a"solute and o"ligatory in their character and the occupier of every factory is "ound8 to follow them. 1. F&n-!n, '# %a-(!n&r2 >-ec. 95@. >5@ Dangerous part of every machinery to "e securely fenced. In every factory8 every dangerous part of every machinery shall "e securely fenced "y safeguards of su"stantial construction8 which shall "e constantly maintained and kept in position while the parts of machinery they are fencing are in motion or in use. Machineries covered by Sec. 21. &he following machineries are covered "y -ec. 958 viM.8

>a@ +very moving part of a prime mover8 and every flyBwheel connected to a prime mover8 whether the prime mover or flyBwheel is In the engine house or notJ >"@ &he headrace and tailrace of every waterBwheel and water tur"ineJ >c@ .ny part of a stockB"ar8 which projects "eyond the headstock of a latheJ >d@ +very part of an electric generator8 a motor or rotary converterJ >e@ +very part of transmission machineryJ and >f@ +very dangerous part of any other machinery G-ec. 95 >5@H.

>9@ 0rescription of further precautions "y -tate $overnment. &he -tate $overnment may "y rules prescri"e such further precautions as it may consider necessary in respect of any particular machinery or part thereof G-ec. 95 Q9@H. 4. ='r0 'n n&ar %a-(!n&r2 !n %' !'n >-ec. 99@. >5@ +xamination of machinery in motion "y a trained adult male worker. Chere in any factory it "ecomes necessary to examine any part of machinery while the machinery is in motion8 only a specially trained adult male worker wearing tight fitting clothing shall make such examination. &he clothing shall "e supplied "y the occupier. &heE name of the person so engaged shall "e entered in the prescri"ed register. 1urther he shall "e furnished with a certificate of his appointment Gsec. 99 >5@H. >9@ estriction on women and young persons. No woman or young person shall "e allowed to clean8 lu"ricate or adjust any part of a machinery in motion ff it would expose the woman or young person to risk of any injury from any moving part G-ec. 99 >9@H. 7. E%p"'2%&n '# 2'$n, p&r.'n. 'n +an,&r'$. %a-(!n&. >-ec. 9:@. >5@ estriction on young persons to work on dangerous machines. No young person shall "e re%uired or allowed to work on any machine to which this -ection applies unlessBB >a@ he has "een fully instructed as to the dangers arising in connection with the machine and the precautions to "e o"servedJ and >"@ he has received sufficient training to work on the machine8 or is under ade%uate supervision "y a person who has a thorough knowledge and experience of the machine G-ec. 9: >5@H. >9@ #achines dangerous for young persons to "e specified "y the -tate $overnment &he -tate $overnment shall specify machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing re%uirements are complied with G-ec. 9: >9@H 4.S r!0!n, ,&ar an+ +&1!-&. #'r -$ !n, '## p'*&r >-ec. 9;@. >5@ -uita"le striking gear to "e provided8 maintained and used. In every factory8 suita"le striking gear or other efficient mechanical appliance shall "e provided and maintained and used to move driving "elt to and from fast and loose pulleys8 which form part of transmission machinery. Driving "elts when not in use shall not "e allowed to rest or ride upon the shafting in motion G-ec. 9; >5@H.

>9@ 3ocking device to prevent accidental starting of transmission machinery. Chen a device8 which can inadvertently shift from Eoff to EonE position8 is provided in a factory to cut off power8 arrangements shall "e provided for locking the device in safe position. &his is to prevent accidental8 starting of the transmission machinery or other machines to which the device is fitted G-ec. 9; >:@5. E. S&"#6a- !n, %a-(!n&. >-ec. 9F@. >5@ &raversing part not allowed to run within a distance of ;F !entimeters from any fixed structure. No traversing part of a selfBacting machine in any factory and no material carried thereon shall "e allowed to run on its outward or inward traverse within a distance of ;F centimeters from any fixed structure which is not part of the machine. &his provision shall apply only if the space over which the traversing part of the selfBacting machine runs Is a space over which any person is lia"le to pass8 whether in the course of his employment or otherwise. <. Ca.!n, '# n&* %a-(!n&r2 >-ec. 9?@. >5@ !asing to prevent danger. .ll machinery driven "y power and installed in any factory after 5st .pril8 57;78 every set screw8 "olt or key on any revolving shaft8 spindle8 wheel or pinion shall "e so sunk8 encased or otherwise effectively guarded as to prevent danger. 1urther8 all spur8 worm and other toothed or friction gearing not re%uiring fre%uent adjustments while in motion shah "e completely encased unless it is safely situated Gsec. 9? >5@H. >9@ 0enalty. If any one sells or lets on hire either directly or as an agent8 any machine8 which does not comply with the provisions of -ec. 9?8 he shall "e punisha"le with imprisonment up to : months or with fine up to s. FDD or with "oth G-ec. 9? >9@H. F. Pr'(!/! !'n '# &%p"'2%&n '# *'%&n an+ -(!"+r&n n&ar -' 'n6'p&n&r. >-ec. 9A@. >5@ No woman or child shall "e employed in any part of a factory for pressing cotton in which a cottonBopener is at work. If the feedBend of a cottonBopener is in a room separated from the delivery end "y a partition extending to the roof or to a specified height8 women and children may "e employed on the side of the partition where the feedBend is situated. 8. H'!. . an+ "!# . >-ec. 96@. >5@ /oists and lifts to "e of good mechanical construction and to "e properly maintained and examined once in every ? months. In every factory every hoist and lift shall "e of good mechanical construction8 sound material8 and ade%uate strength. 1urther it shall "e sufficiently protected "y enclosures fitted with gates. It shall also "e properly maintained and shall "e thoroughly examined "y a competent person at least once in every ? months. . register containing the prescri"ed particulars of every such examination shall "e kept. &he maximum safe working load shall also "e plainly marked on every hoist or lift8 and no load greater than such load shall "e carried thereon. &he cage of every hoist or lift used for carrying persons shall "e fitted with a gate on each side from which access is afforded to a landing. &he gate shall "e fitted with interlocking or other efficient device to secure that the cage cannot "e moved unless the gate is closed.

1or the purposes of -ec. 968 no lifting machine or appliance shall "e deemed to "e a hoist or lift unless it has a platform or cage8 the direction or movement of which is restricted "y a guide or guides >+xpl. to -ec. 96 added "y the .mendment .ct of 576A@. 9. L!# !n, %a-(!n&., -(a!n., r'p&. an+ "!# !n, a-0"&. >-ec. 97@. >5@ !ranes and lifting machines etc. to "e of good construction and to "e examined once in every 59 months. In every factory8 cranes and other lifting machines >and every chain8 rope and lifting tackle for the purpose of raising or lowering persons8 goods or materials@ shall "e of good construction8 sound material8 ade%uate strength8 free from defects and properly maintained. &hey shall "e thoroughly examined "y a competent person at least once in every 59 months. . register containing the prescri"ed particulars of every such examination shall "e kept G-ec. 97 >5@ >a@H. >9@ !ranes and lifting machines not to "e loaded "eyond safe working load. &he aforesaid machines shall not8 except for the purpose of test8 "e loaded "eyond the safe working load which shall "e plainly marked thereon together with an identification mark and duly entered in the prescri"ed register. Chere this is not practica"le8 a ta"le showing the safe working loads of the aforesaid machinery in use shall "e displayed in prominent positions on the premises G-ec. 97 >5@>"@H. >:@ !rane not to approach within ? meters of a place where any person is employed or working. If any person is employed or working on or near the wheel track of a traveling crane in any place where he would "e lia"le to "e struck "y the crane8 effective measures shall "e taken to ensure that the crane does not approach within ? meters of that place G-ec. 97 >5@>c@H. 15. R&1'"1!n, %a-(!n&r2 >-ec. :D@. >5@ Notice of maximum safe working speed of grindstone or a"rasive wheel8 etc. to "e kept near machine. In every factory in which the process of grinding is carried on8 there shall "e permanently kept near each machine a notice indicating >a@ &he maximum safe working peripheral speed of every grindstone or a"rasive wheel. >"@ &he speed of the shaft or spindle upon which the wheel is mounted8 and >c@ &he diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed G-ec. :D >5@H. >9@ -peeds not to "e exceeded. >a@ &he speeds indicated in notices under -ec. :D Q5@ shall not "e exceeded G-ec. :D >9@H. >"@ +ffective measures shall "e taken in every factory to ensure that the safe working peripheral speed of every revolving vessel8 cage8 "asket8 flyBwheel8 pulley8 disc or similar appliance driven "y power is not exceeded G-ec. :' >:@H 11. Pr&..$r& p"an >-ec. :5@. >5@ -afe working pressure not to "e exceeded. If in any factory any plant or any machinery or part thereof is operated at a pressure a"ove atmospheric pressure8 effective

measures shall "e taken to ensure that the safe working pressure is not exceeded G-ec. :5 >5@H. >9@ uleBmaking power of the -tate $overnment providing for examination and exemption. &he -tate $overnment may make rules providing for the examination and testing of any plant or machinery and providing for additional safety measures G-ec. :5 >9@H. 14. F"''r., . a!r. an+ %&an. '# a--&.. >-ec. :9@. In every factoryBB >a@ .ll floorsJ steps8 stairs8 passages and gangways shall "e of sound construction and properly maintained. 1urther they shall "e kept free from o"structions and su"stances likely to cause persons to slip and handrails shall "e provided where necessaryJ >"@ &here shall8 so far as is reasona"ly practica"le8 "e provided and maintained safe means of access to every place at which any person is at any time re%uired to workJ >c@ Chen any person has to work at a height from where he is likely to fall8 provision shall "e made8 so far as is reasona"ly practica"le8 "y fencing or otherwise8 to ensure the safety of the person so working. &his restriction is not applica"le if the place provides secure foothold and8 where necessary8 secure handhold. 17. P! ., .$%p., 'p&n!n,. !n #"''r., & - >-ec. ::@. >5@ pits8 sumps8 etc. to "e securely covered or fenced In every factory8 pits8 sumps8 fixed vessels8 tanks8 openings in the ground or in the floor shall "e securely covered or securely fenced G-ec. :: >5@H. >9@ +xemption. &he -tate $overnment may8 "y order in writing8 exempt any factory in respect of any vessel8 sump8 tank8 pit or opening from compliance with the a"ove provision G-ec. :: >9@H. E-ecurely fencing a pitE means covering or fencing it in such a way that it ceases to "e a source of danger to those who have occasion to go near there G-tate of #ysore v. Norayana aghvendra8 >57?AP 9 3.3.*. ?5?H. 14. EB-&..!1& *&!,( . >-ec. :;@. >5@ 0rohi"ition on lifting or carrying excessive weights. No person shall "e employed in any factory to lift8 carry or move any load so heavy as to "e likely to cause him injury G-ec. :;. >5@H. >9@ #aximum weights to "e lifted or carried to "e prescri"ed. &he -tate $overnment may make rules prescri"ing the maximum weights which may "e lifted8 carried or moved "y adult men8 adult women8 adolescents and children employed in factories or in any class or description of factories or in carrying on any specified process G-ec. :; >9@H. 1E. Pr' &- !'n '# &2&. >-ec. :F@. >5@ In every factory8 screen or suita"le goggles shah "e provided for the protection of persons employed on8 or in immediate vicinity of8 mechanical or other processes which

involve any danger or injury to the workersE eyesight. &he risk of injury to the eyes may "e from particles or fragments thrown off in the course of the process or "y reason 'f exposure to excessive light. 1<. Pr&-a$ !'n. a,a!n. +an,&r'$. #$%&. >-ec. :?@. >5@ 0rohi"ition on entry into any cham"er8 tank8 vat8 pit8 pipe etc. where any gas8 fume etc. is present. No person shall "e re%uired or allowed to enter any cham"er8 tank8 vat8 pit8 pipe8 flue or other confined space in any factory in which any gas8 fume8 vapour or dust is likely to "e present to such an extent as to Involve risk to persons "eing overcome there"y8 unless it is provided with a manhole of ade%uate siMe or other effective means of egress G-ec. :? >5@H. >9@ 0ractica"le measures to "e taken for removal of gas8 fume etc. No person shah "e re%uired or allowed to enter any confined space as is referred to in -ec. :? >5@8 until all practica"le measures have "een taken to remove any gas8 fume8 vapour or dust8 which may "e present so as to "ring its level within the permissi"le limits and to prevent any ingress of such gas8 fume8 vapour or dust and unlessBB >a@ . certificate in writing has "een given "y a competent person8 "ased on a test8 carried out "y himself that the space is reasona"ly free from dangerous8 gas8 fume8 vapour or dustJ or >"@ -uch person is wearing suita"le "reathing apparatus and a "elt securely attached to a rope. the free end of which is held "y a person outside the confined space G-ec. :? G9@H. 1F. Pr&-a$ !'n. r&,ar+!n, (& $.& '# p'r a/"& &"&- r!- "!,( >-ec. :?.>.@ >5@ No porta"le electric light or any other electric appliance of voltage exceeding 9; volts shall "e permitted for use inside any cham"er8 tank8 vat8 pit8 flue or other confined space in a factory8 unless ade%uate safety devices are provided. If any inflamma"le gas8 fume or dust is likely to "e present in such cham"er8 tank8 vat8 pit8 flue or other confined space8 no lamp or light other than that of flameBproof construction shall "e permitted to "e used in the factory. 18.Pr&-a$ !'n. a,a!n. &Bp"'.!1& 'r !n#"a%%a/"& +$. , ,a., & -. >-ec. :A@. >5@ 0ractica"le measures to prevent explosion on ignition of gas8 fume etc. Chen in any factory any manufacturing process produces dust8 gas8 fume or vapour which is likely to explode on ignition8 all practica"le measures shall "e taken to prevent any such explosion "yBB >a@ +ffective enclosure of the plant or machinery used in the process8 >"@ emoval or prevention of the accumulation of such dust8 gas8 fume or vapour8 and >c@ +xclusion or effective enclosure of all possi"le sources of ignition G-ec. :A >5@H. >9@ 0rovision of chokes8 vents etc. Chen the plant or machinery cannot withstand the pro"a"le pressure8 which an explosion would produce8 all practica"le measures shall "e taken to restrict the spread any effects of the explosion. &his shall "e done "y the provision in the plant or machinery of chokes8 "affles8 vents or other effective appliances Gsec. :A >9@H.

>:@ -pecial measures where explosive or inflamma"le gas or vapour is under pressure greater than atmospheric pressure. Chere any part of the plant or machinery in a factory contains an explosive or inflamma"le gas or vapour under pressure greater than atmospheric pressure8 that part shah not "e opened unless special measures prescri"ed for that are taken G-ec. :A Q:@H. &hese measures are as followsI >a@ &he flow of gas or vapour shall "e effectively stopped "y a stopBvalve or other meansJ >"@ .ll practica"le measures shall "e taken to reduce the pressure to the atmospheric pressureJ and >c@ Chere the fastening of such part has "een loosened or removed8 the fastening shall "e secured or securely replaced G-ec. :A >:@H. 1urther8 a plant8 tank or vessel containing explosive or inflamma"le su"stance shall not "e welded8 "raMed8 soldered or cut "y applying heat until such su"stance and fumes are rendered nonBexplosive and nonBinflamma"le G-ec. :A >;@H. >;@ +xemption. &he -tate $overnment may "y rules exempt any factory from compliance with all or any of the provisions of -ec. :A G-ec. :A>F@H. 19. Pr&-a$ !'n. !n -a.& '# #!r& >-ec. :6 as su"stituted "y the .mendment .ct of 576A@. >l@ 0ractica"le measures to prevent out"reak of fire and its spread. In every factory8 all practica"le measures shall "e taken to prevent out"reak of fire and its spread8 "oth internally and externally8 and to provide and maintainBB >a@ -afe means of escape for all persons in the event of a fire and >"@ &he necessary e%uipment and facilities for extinguishing fire G-ec. :6 >5@H. >9@ 1amiliarity of workers with means of escape. +ffective measures shall "e taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have "een ade%uately trained in the routine to "e followed in such cases G-ec. :6 >9@H. >:@ uleBmaking power of the -tate $overnment. &he -tate $overnment may make rules8 in respect of any factory or class or description of factories8 re%uiring the measures to "e adopted to give effect to the a"ove provisions G-ec. :6 >:@H. >;@ .dditional measures. If the !hef inspector8 having regard to the nature of the work carried on in any factory8 the construction of the factory8 special risk to life or safety8 or any other circumstances8 is of the opinion that the measures provided in the factory are inade%uate8 he may8 "y order in writing8 re%uire that such additional measures as he may consider reasona"le and necessary "e provided in the factory "efore such date as is specified in the order G-ec. :6 >;@H.

45. P'*&r ' r&)$!r& .p&-!#!-a !'n. '# +&#&- !1& par . 'r &. . '# . a/!"! 2 >-ec. :7@. >5@ If it appears to the Inspector that any "uilding or part of a "uilding8 machinery or plant in a factory may "e dangerous to human life or safety8 he may ask the occupier or the manager or "oth of the factoriesBB >a@ &o furnish drawings8 specifications and other particulars as may "e necessary to determine whether such "uilding8 ways8 machinery or plant can "e used with safetyJ or >"@ &o carry out the tests in the specified manner and inform the Inspector of the results thereof. 41. Sa#& 2 '# /$!"+!n, an+ %a-(!n&r2 >-ec. ;D@. >5@ -ervice of order "y Inspector on occupier to take specified measures in case of dangerous "uilding or machinery or plant. If any "uilding or part of a "uilding or machinery or plant in a factory is in such a condition that it is dangerous to human life or safety8 the inspector may serve on the occupier or the manager or "oth of the factory an order In writing specifying the measures which In his opinion shall "e adopted and re%uiring them to "e carried out "efore a specified date G-ec. ;D >5@H. >9@ 0rohi"ition of use where danger is imminent where it appears to the Inspector that the use of any such "uilding8 machinery8 etc.8 involves imminent danger to human life or safety8 he may prohi"it its use until it has "een properly repaired or altered G-ec. ;D >9@H. 44. :a!n &nan-& '# /$!"+!n, >-ec. ;DB.@. >5@ Chere it appears to the Inspector that any "uilding or any part of a "uilding 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 workers8 he may serve on the occupier or manager or "oth of the factory an order in writing specifying8 the measures which should "e taken. /e may further re%uire such measures to "e carried out "efore such date as is specified in the order. 47. Sa#& 2 O##!-&r. >-ec. ;DB)@. >5@ In every factory >i@ Cherein 58DDD or more workers are ordinarily employed8 or >ii@ Cherein8 in the opinion of the -tate $overnment any manufacturing process or operation is carried on8 which process or operation involves any risk of "odily injury8 poisoning or disease8 or any other haMard to health8 to the persons employed in the factory8 the occupier shall8 if so re%uired "y the -tate $overnment "y notification in the 'fficial $aMette8 employ such num"er of -afety 'ffices as may "e specified in that notification G-ec. ;DB)@ >5@H. &he duties8 %ualifications and conditions of service of -afety 'ffices shall "e such as may "e prescri"ed "y the -tate $overnment G-ec. ;DB) >9@H. P'*&r ' %a0& r$"&. ' .$pp"&%&n (& a/'1& pr'1!.!'n. 3S&-. 418. &he -tate $overnment may make rules re%uiring the provision in any factory of such further devices and measures for securing the safety of persons employed therein as it may deem necessary.

Pr'/"&%. an+ R&-'%%&n+a !'n.

S! & Appra!.a" C'%%! &&. >-ec. ;5B.@ !onstitution of the !ommittee. &he -tate $overnment may8 for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a haMardous process or for the expansion of any such factory8 appoint a -ite .ppraisal !ommittee. &he !ommittee shall consist ofBB >a@ &he !hief inspector of the -tate who shall "e its !hairmanJ >"@ . representative of the !entral )oard for the 0revention and !ontrol of .im 0ollution referred to in -ec. : of the Cater >0revention and !ontrol of 0ollution@ .ct8 57A;. >c@ . representative of the !entral )oard for the 0revention and !ontrol of .ir 0ollution referred to in -ec. : of the .ir >0revention and !ontrol of 0ollution .ct@8 5765J >d@ . representative of the -tate )oard appointed under -ec. ; of the Cater >prevention and !ontrol of 0ollution@ .ct8 57A;J >e@ . representative of the -tate )oard for the 0revention and !ontrol of .ir 0ollution referred to in -ec. F of the .ir >0revention and !ontrol of 0ollution@ .ct8 5765. >f@ . representative of the Department of +nvironment in the -tateJ >g@ . representative of the #eteorological Department of the $overnment of IndiaJ >h@ .n expert in the field of occupational healthJ >i@ . representative of the &own 0lanning Department of the -tate $overnmentJ and >j@ Not more than F other mem"ers who may "e coBopted "y the -tate $overnment. &he coBopted mem"ers shall "e. >i@ . scientist having specialiMed knowledge of the haMardous process which will "e involved in the factory. >ii@ . representative of the local authority within whose jurisdiction the factory is to "e esta"lished8 and >iii@ Not more than : other persons as deemed fit "y the -tate $overnment G-ec. ;5B. >5@H. Chere any process relates to a factory owned or controlled "y the !entral $overnment8 or to a corporation or a company owned or controlled "y the !entral $overnment8 the -tate $overnment shall coBopt in the -ite .ppraisal !ommittee a representative nominated "y the !entral $overnment as a mem"er of that !ommittee G-ec. ;5B. >:@H. F$n- !'n. '# (& C'%%! &&. &he -ite .ppraisal !ommittee shall examine an application for the esta"lishment of a factory involving a haMardous process. It shall make its recommendation to the -tate $overnment within a period of 7D days of the receipt of such application in the prescri"ed form G-ec. ;5B. >9@H. &he -ite .ppraisal !ommittee shall have power to call for any information from the person making an application for the esta"lishment or expansion of a factory involving a haMardous process G-ec ;5B. >;@H.

N' #$r (&r appr'1a" r&)$!r&+. Chere the -tate $overnment has granted approval to an application for the esta"lishment or expansion of a factory involving a haMardous process8 it shall not "e necessary for an applicant to o"tain a further approval from the !entral )oard or the -tate )oard esta"lished under the Cater G0revention and !ontrol of 0ollution@ .ct8 57A; and the .ir Q0revention and !ontrol of 0ollution@ .ct8 5765 G-ec. ;5 . >F@H. C'%p$".'r2 +!.-"'.$r& '# !n#'r%a !'n /2 (& '--$p!&r 3S&-. 416B8 Disclosure to whom. &he occupier of every factory involving a haMardous process shall disclose all information regarding dangers8 including health haMard. /e shall also disclose the measures to overcome such haMards arising from the exposure to or handling of the materials or su"stances in the manufacture8 transportation8 storage and other processes. &his information is re%uired to "e disclosed to >a@ the workers employed in the factory8 >"@ the !hief Inspector8 >c@ the local authority within whose *urisdiction the factory is situate8 and the general pu"lic in the vicinity G-ec. ;5B) >5@H. &he information so furnished stall include accurate information as to the %uantity88 specifications Iand other characteristics of wastes and the manner of their disposal G-ec. ;5B) Q:PH. 0olicy Cith regard to health and safety of workers. &he occupier shall at the time of registering the factory involving a haMardous process8 lay down a detailed policy with respect to the health and safety of the workers employed therein. /e shall intimate such policy to the !hief Inspector and the local authority. &hereafter8 he shall at such intervals as may "e prescri"ed inform the !hief Inspector and the local authority of any change made in the said policy G-ec. ;5B) >9@H. 'nBsite emergency plan and disaster control measures. +very occupier shall with the approval of the !hief Inspector8 draw up an onsite emergency plan and detailed disaster control measures for his factory. G-ec. ;5B) >;@H. Information to the !hief Inspector "efore commencement. If a factory proposes to engage in a haMardous process8 the occupier of the factory shall8 within a period of :D days "efore the commencement of such process8 inform the !hief Inspector of the nature and details of the process in such form and in such manner as may "e prescri"ed G-ec. ;5B) >F@H. If the occupier contravenes this provision the license issued under -ec. ? to such factory shall8 notwithstanding any penalty to which the occupier or factory shall "e su"jected to under the provisions of this .ct8 "e lia"le for cancellation G-ec. ;5B) >?@H. /andling8 usage8 transportation of haMardous su"stances. &he occupier of a factory involving a haMardous process shall8 with the previous approval of the !hief Inspector8 lay down measures for the handling8 usage8 transportation and storage of haMardous su"stances inside the factory premises. /e shall also lay down the measures for the disposal of such su"stances outside the factory premises. /e shall also pu"licise these

measures in the manner prescri"ed among the workers and the general pu"lic living in the vicinity G-ec. ;5B) >A@H. P&r%!..!/"& "!%! . '# &Bp'.$r& '# -(&%!-a" an+ 'B!- .$/. an-&. >-ec. ;5B1@ &he maximum permissi"le threshold limits of exposure of chemicals and toxic su"stances in manufacturing processes >whether haMardous or otherwise@ in any factory shall "e of value indicated in the -econd -chedule G-ec. ;5B1 >5@H. &he -econd -chedule8 added "y the .mendment .ct of 576A8 lays down permissi"le levels of certain chemical su"stances in work environment. &he !entral $overnment may at any time for the purpose of giving effect to any scientific proof o"tained from specialiMed institutions or experts in the field8 "y notification in the 'fficial $aMette8 make suita"le changes in the said -chedule G-ec. ;5B1 >9@H. ='r0&r. par !-!pa !'n !n .a#& 2 %ana,&%&n >-ec. ;5B$@ .ppointment of a safety committee. &he occupier shall8 in every factory where a haMardous process takes place8 or where haMardous su"stances are used or handled8 set up a -afety !ommittee. &he !ommittee shall consist of e%ual num"er of representatives of workers and management to promote coBoperation "etween the workers and the management in maintaining proper safety and health at work It shall review periodically the measures taken in that "ehalf G-ec. ;5B$ >5@H. !omposition of the -afety !ommittee. &he tenure of office of the mem"ers of the -afety !ommittee and their rights and duties shall "e such as may "e prescri"ed G-ec. ;5B$ >9@H. +xemption. &he -tate $overnment may8 "y order in writing and for reasons to "e recorded8 exempt the occupier of any factory or class of factories from setting up the -afety !ommittee G0roviso to -ec. ;5B$ >5@H. R!,( '# *'r0&r. ' *ar% a/'$ !%%!n&n +an,&r >-ec. ;5B/@ .pprehension of danger to "e "rought to notice. -ometimes the workers employed in a factory engaged in a haMardous process may have reasona"le apprehension that there is a likelihood of imminent danger to their lives or health due to any accident In such a case se "ring such danger to the notice of the occupier8 agent8 manager or8 any other person who is in charge of the factory or the process concerned directly or through their representatives in the -afety !ommittee. &hey may also simultaneously "ring the danger to the notice of the Inspector G-ec. ;5B/ >5@H. Duty of occupier8 etc. It shall "e the duty of the occupier8 agent8 manager or the person in charge of the factory or process to take immediate remedial action if he is satisfied a"out the existence of such imminent danger and send report forthwith of the action taken to the nearest Inspector Gsec. ;5B/ >9@H.

eference of matter to inspector. If the occupier8 agent8 manager or the person in charge is not satisfied a"out the existence of any imminent danger as apprehended "y the workers8 he shall8 nevertheless8 refer the matter forthwith to the nearest Inspector. &he decision of the Inspector on the %uestion of the existence of such imminent danger shall "e final G-ec. ;5B/ >:@H. !enalty for contravention of the provisions of Sections 41-B, 41-C and 41-H. Choever fails to comply with or contravenes any of the provisions of secs. ;5B)8 ;5B! or ;5B/ or the rules made there under shall8 in respect of such failure or contravention "e punisha"le with imprisonment for a term which may extend to A years and with fine which may extend to s. 98DD8DDD. In case the failure or contravention continues8 the defaulter shall "e punisha"le with additional fine which may extend to s. F8DDD for every day during which such failure or contravention continues after the conviction for the first such failure or contravention Gsec. 7?B. >5@H. If this failure or contravention continues "eyond a period of 5 year after the date of conviction8 the offender shall "e punisha"le with imprisonment for a term8 which may extend to 5D years G-ec. 7?B. >9@H.

=ELFARE
&he various provisions in this regard are as followsI B 1. =a.(!n, #a-!"! !&. >-ec. ;9@. In every factory >a@ ade%uate and suita"le facilities >separately and ade%uately screened for the use of male and female workers@ shall "e provided and maintained for the use of the workers thereinJ and >"P such facilities shall "e conveniently accessi"le and shall "e kept clean. 4. Fa-!"! !&. #'r . 'r!n, an+ +r2!n, -"' (!n, >-ec. ;:@. &he -tate $overnment may make rules re%uiring the provision of suita"le places are keeping clothing of workers not worn during working hours and for drying of wet clothing in respect of any factory or class of factories. 7. Fa-!"! !&. #'r .! !n, >-ec. ;;@ >5@ 0rovision of sitting arrangement for workers o"liged to work in a standing position. In every factory8 suita"le arrangements for sitting shall "e provided and maintained for all workers who are o"liged to work in a standing position. &his has "een done in order that the workers may take advantage of any opportunities for rest8 which may occur in the course of their work G-ec. ;; >5@H. >9@ 0rovision of seating arrangement for workers doing which can "e done in a sitting position8 if the workers in any factory engaged in a particular manufacturing process or working in a particular room are a"le to do their work efficiently in a sitting position8 the !hief inspector may re%uire the occupier of the factory to provide such seating arrangements as may "e practica"le G-ec. ;; >9@H.

>:@ +xemption. &he -tate $overnment may. "y notification in the 'fficial $aMette8 exempt any factory or class of factories or manufacturing process from the application of the provisions of -ec. ;; G-ec. ;; >:@H. 4. F!r. 6a!+ app"!an-&. >-ec. ;F@. >5@ .t least one firstBaid "ox with prescri"ed contents for every 5FD workers. &here shall in every factory "e provided and maintained so as to "e readily accessi"le during all working hours8 firstBaid "oxes or cup"oards with the prescri"ed contents. &here shall "e at least one such "ox for every 5FD workers ordinarily employed at any one time in the factory Gsec. ;F >5@H. >9@ 1irstBaid "ox to have prescri"ed contents. 'nly the prescri"ed contents shall "e kept in a firstBaid "ox or cup"oard G-ec. ;F >9@H. >:@ 1irstBaid "ox to "e in the charge of responsi"le person. +ach first aid "ox or cup"oard shall "e kept in the charge of a separate responsi"le person who holds a certificate in the firstBaid treatment recogniMed "y the -tate $overnment. 1urther8 such person shall always "e readily availa"le during the working hours of the factory G-ec. ;F >:@H. >;@ .m"ulance room in a factory employing more than FDD workers. In every factory wherein more than FDD workers are ordinarily employed there shall "e provided and maintained an am"ulance room containing the prescri"ed e%uipment. &he room shall "e in the charge of such medical and nursing staff as may "e prescri"ed and those facilities shall always "e made readily availa"le during the working hours of the factory G-ec. ;F >;@H. E. Can &&n. >-ec. ;?@. >5@ !anteen in factory employing more than 9FD workersBBthe -tate $overnment may make rules. &he -tate $overnment may make rules re%uiring that in any specified factory wherein more than 9FD workers are ordinarily employed8 a canteen or canteens shall "e provided and maintained "y the occupier for the use of the workers Gsec. ;? >5@H >9@ 0rovisions in rules. &he rules made "y the -tate $overnment as to canteens may provide for >a@ the date "y which canteen shall "e provided8 >"@ the standards in respect of construction8 accommodation8 furniture and other e%uipment of the canteen8 >c@ .the foodstuffs to "e served therein and the charges which may "e made thereof8 >d@ the constitution of a managing committee for the canteen and representation of the workers in the management of the canteenJ >e@ the items of expenditure in the running of the canteen which are not to "e taken into account in fixing the cost of foodstuffs and which shall "e "orne "y the employer8 and >f@ the delegation to the !hief Inspector8 su"ject to such conditions as may "e prescri"ed of the power to make rules under !lause >c@ G-ec. ;? >9@H. <. S(&" &r., r&. r''%. an+ "$n-( r''%. >-ec. ;A@. >5@ 0rovision for shelters8 rest rooms8 lunch rooms in factories employing more than 5FD workers. In every factory wherein more than 5FD workers are ordinarily employed8 there shall "e a provision for shelters8 rest rooms and a suita"le lunchroom where workers can eat meals "rought "y them with provision for drinking water. /owever8 any canteen maintained in accordance with the provisions of -ec. ;? shall "e regarded as part of this

re%uirement. Chere a lunchroom exists8 no worker shall eat any food in the workroom G-ec. ;A >5@H. >9@ -helter etc. to "e sufficiently lighted8 ventilated and cooled. &he shelters or rest rooms or lunchrooms shall "e sufficiently lighted ventilated and shall "e maintained in a cool and clean condition G-ec. ;A >9@H. F. Cr&-(&. >-ec. ;6@. >l@ 0rovision of creches in factories employing more than :D women workers. In every factory wherein more than :D women workers are ordinarily employed8 there shall "e provided and maintained a suita"le room or rooms for use of children under the age of ? years of such women Gsec. ;6 >l@H. >9@ !reches to "e ade%uately lighted and ventilated and to "e under the charge of trained women. ooms for use of children shall provide ade%uate accommodation8 shall "e ade%uately lighted and ventilated. 1urther they shall "e maintained in a clean and sanitary condition and shall "e under the charge of women trained in the care of children and infants G-ec. ;6 >9@H. >:@ 0rescription of rules "y the -tate $overnment. &he -tate $overnment may make rules prescri"ing the location and the standards in respect of construction8 accommodation8 furniture and other e%uipment of rooms for use of children. It may also make rules for the provision of additional facilities for the care of children "elonging to women workers8 including suita"le provision of facilities >a@ for washing and changing their clothing8 >"@ of free milk or refreshment or "oth for the children8 and >c@ for the mothers of children to feed them at the necessary intervals G-ec. ;6 >:@H. 8. =&"#ar& '##!-&r. >-ec. ;7@. >5@ +mployment of welfare officers in factories employing FDD or more workers. In every factory wherein FDD or more workers are ordinarily employed the occupier shall employ in the factory such num"er of welfare officers as may "e prescri"ed Gsec. ;7 >5@H. >9@ Duties8 %ualifications and conditions of service to "e prescri"ed "y the -tate $overnment. &he -tate $overnment may prescri"e the duties8 %ualifications and conditions of service of welfare officers G-ec. ;7 >9@H. +ven if a factory >say8 a sugar factory@ employs over FDD workers only for a few months in the year and not continuously8 the occupier shall employ the prescri"ed num"er of welfare officers G+mployersE .ssn of Northern India v. -ecretary of 3a"our8 ..I. . >57F9@ .ll 5D7H.

=ORKING HOURS OF ADULTS

&he rules as to the regulation of hours of work of adult workers in a factory and holidays are as followsI 5.Ceekly hours >-ec. F5@. No adult worker shah "e re%uired or allowed to work in a factory for more than ;6 hours in any week. 9. Daily hours >-ec. F;@. -u"ject to the a"ove rule >as contained in -ec. F5@ no adult worker shall "e re%uired or allowed to work in a factory for more than. 7 hours in

any day "ut in order to facilitate the change of shift8 this limit may "e exceeded. &his can8 however8 "e done with the previous approval of the !hief Inspector of 1actories. :. Intervals for rest >-ec. FF@. &he periods of work of adult workers in a factory each day shall "e so fixed that no period shall exceed F hours. 1urther no worker shall work for more than F hours "efore he has an interval for rest of at least half an hour G-ec. FF >5@H. &he -tate $overnment or !hief inspector may8 "y written order and for the reasons specified therein8 exempt any factory from the provisions of -ec. FF >5@. )ut in that case also8 the total num"er of hours worked without an interval shall not exceed ? G-ec. FF >9@H. Spr&a+ '1&r, n!,( .(!# . an+ '1&r"app!n, .(!# .. -pread over >-ec. F?@. &he periods of work of an adult worker in a factory shall "e so arranged that inclusive of his intervals for rest8 they shall not spread over more than 5DB5O9 hours in any day. )ut the !hief Inspector may for reasons to "e specified in writing increase the spread over up to 59 hours. Night shifts >-ec. FA@. Chere a worker in a factory works on a shift which extends "eyond midnightBB >a@ /is weekly or compensatory holiday for a whole day means a period of 9; consecutive hours "eginning when his shift ends8 and >"@ &he following day for him shall "e deemed to "e the period of 9; hours "eginning when such shift ends8 and the hours he has worked after midnight shah "e counted in the previous day. 0rohi"ition of overlapping shifts >-ec. F6@. Cork shall not "e carried on in any factory "y 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 G-ec. F6 >5@H. &he -tate $overnment or the !hief Inspector may8 "y written order and for the reasons specified therein8 grant exemption to any factory or class or description of factories or any department or section of a factory from the provisions of -ec. F6 >5@ G-ec. F6 >9@H. EB ra *a,&. #'r '1&r !%& 3.&-. E98 >5@ Cages at twice the ordinary rate. Chere a worker works in a factory for more than 7 hours in any day or more than ;6 hours in any week8 he shall in respect of overtime work "e entitled to wages at the rate of twice his ordinary rate of wagesE G-ec. F7 >5@H. >9@ 'rdinary rate of wages. It means the "asic wages plus such allowances8 including the cash e%uivalent of the advantage accruing through the concessional sale to workers of food grains and other articles8 as the worker is for the time "eing entitled to. It does not include a "onus R and wages for overtime work Gsec. F7 >9@H.

>:@ Corkers paid on piece rate "asis. &he time rate in case of workers paid on piece rate shall "e deemed to "e e%uivalent to the daily average of their full time earnings for the days on which they actually worked on the same or identical *o" during the month immediately preceding the calendar month during which the overtime work was done8 and such time rates shall "e deemed to "e the ordinary rates of wages of those workers G-ec. F7 >:@H. )ut in the case of a worker who has not worked in the immediately preceding calendar month on the same or identical *o"8 the time rate shall "e deemed to "e e%uivalent to the daily average of the earnings of the worker for the days on which he actually worked in the week in which the overtime work was done G0roviso to -ec. F7 >:@H >;@ !ash e%uivalent of the concessional sale of food grains and other articles. It shall "e computed as often as prescri"ed on the "asis of the maximum %uantity of food grains and other articles admissi"le to a Estandard familyE. -tandard family means a family consisting of the worker8 his or her spouse and 9 children "elow the age of 5; years re%uiring in all : Eadult consumption unitsE. .dult consumption unit means the consumption unit of a male a"ove the age of 5; years. &he consumption unit of a female a"ove the age of 5; years and that of a child "elow the age of 5;years shall "e calculated at the rate of D.6 and D.? respectively of one adult consumption unit G-ec. F7 >;@H. >F@ uleBmaking power of the -tate $overnment. &he -tate $overnment may make rules prescri"ing >a@ the manner in which the cash e%uivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall "e computed8 and >"@ the registers that shall "e maintained in a factory for the purpose of securing compliance with the provisions of -ec. F7 >sec. F7 >F@H. R&. r!- !'n 'n +'$/"& &%p"'2%&n 3S&-. <58 No adult worker shall "e re%uired or allowed to work in any factory on any day on which he has already "een working in any other factory save in such circumstances as may "e prescri"ed. Notice of periods of work for adult workers >-ec. ?5@

HOLIDA>S
Ceekly holidays >-ec. F9@ every adult worker in a factory shall "e allowed a holiday during a week. .s such no adult worker shall "e re%uired or allowed to work in a factory on the first day of the week8 which is a -unday. )ut the manager can su"stitute for -unday any of the : days preceding or following it. /e shall8 however8 deliver a notice at the office of the Inspector of his intention to re%uire the worker to work on that day. -uch notice shall also "e displayed in the factory. No su"stitution can8 however8 "e made which results in any worker working for more than 5D days consecutively without a holiday for a whole day G-ec. F9 >5@H. !ompensatory holidays >-ec. F:@. Chere a worker is deprived of any of the weekly holidays under -ec. F9 or "y any of the rules made "y the -tate $overnment exempting a factory from the provisions of -ec. F98 he shall "e allowed compensatory holidays of e%ual num"er to the holidays so lost. -uch compensatory holidays shall "e allowed within the month in which the holidays were due to the workman or within 9 months immediately following that month G-ec. F: >5@H. &he -tate $overnment may prescri"e the manner in which the compensatory holidays shall "e allowed G-ec. F: >9@H. 1urther restrictions on employment of women >-ec.??@

E:PLO>:ENT OF >OUNG PERSONS

Pr'(!/! !'n '# &%p"'2%&n '# 2'$n, -(!"+r&n 3S&-. <F8. No child who has not completed his 5;th year shall "e re%uired or allowed to work in a factory. N'n6a+$" *'r0&r. ' -arr2 '0&n. 3S&-. <88. . child who has completed his 5;th year or an adolescent may "e allowed to work in a factory ifBBB >a@ . certificate of fitness for such work is in the custody of the manager of the factory8 and >"@ -uch child or adolescent carries8 while he is at work8 a token giving a reference to such certificate. . provision is made for a certificate of fitness under -ec. ?7. -uch a certificate entitles a young person who has completed his 5;th year to work in a factory as a child. )ut if the young person has completed his 5Fth year. &he certificate of fitness entities him to work in a factory as an adult. C&r !#!-a & '# #! n&.. 3S&-. <98. It is a certificate granted to a young person "y a certifying surgeon after examining him and ascertaining his fitness for work in a factory. .n application for such examination may "e made "y the young person himself or "y his guardian. It shall8 however8 "e accompanied "y a document signed "y the manager of the factory that such person will

"e employed therein if certified to "e fit for work in a factory. &he manager of the factory may also apply for such examination of the young person. &he certifying surgeon shall examine the place of work and the manufacturing process "efore granting a certificate unless he has the personal knowledge of it G-ec. ?7 >l@H. !ertificate of fitness to entitle a young person to work as a child or adult &he certifying surgeon8 after examination8 may grant to a young person or may renew a certificate of fitness to work in a factory asBB >a@ . child if he is satisfied >i@ that the young person has completed his 5;th year8 >ii@ that he has attained the prescri"ed physical standards8 and >iii@ that he is fit for such workJ >"@ .n adult8 if he is satisfied >i@ that the young person has completed his 5Fth year8 and >ii@ that he is fit for a full dayEs work in a factory G-ec. ?7 >9@ H. !ertificate valid for 59 months. . certificate of fitness granted or renewed is valid for 59 months from the date of issue8 "ut it can "e renewed. It may "e issued su"ject to conditions in regard to the nature of the work in which the young person may "e employed8 or re%uiring reexamination of the young person "efore the expiry of the period of 59 months G-ec. ?7>:@H. evocation of certificate of fitness. . certificate of fitness can "e revoked any time "y the certifying surgeon if the holder of it is no longer fit to work in the capacity stated therein in a factory G-ec. ?7 >;@H. Chere a certifying surgeon refuses to grant or renew a certificate of fitness8 or revokes a certificate8 he shall8 if so re%uested8 state his reasons in writing for so doing G-ec. ?7 >F@H. 1ees paya"le "y the employer. 1ees for a certificate of fitness or its renewal shall "e paya"le "y the occupier and shall not "e recovera"le from the young person8 his parents or guardian Gsec. ?7 >A@H. +ffect of certificate of fitness >sec.AD@. .n adolescent who has "een granted a certificate of fitness to work in a factory as an adult and who carries a token giving reference to the certificate shall "e deemed to "e an adult for the purposes of hours of work of an adult and the annual leave G-ec. AD >5@H. No female adolescent or a male adolescent Cho has not attained the age of 5A years "ut who has "een granted a certificate of fitness to work in a factory as an adult shall "e re%uired or allowed to work in any factory except "etween ? ..#. and A 0.#. G-ec. AD >lB .@ as introduced "y the .mendment .ct of 576AH. &he -tate $overnment may8 "y notification in the 'fficial $aMette8 in respect of any factory or group or class or description of factoriesBB >i@ ,ary the limits laid down in -ec. AD >lB.@8 "ut no female adolescent can "e employed "etween 5D 0.#. and F..#. >ii@ $rant exemption from the provisions of -ec. AD >lB.@ in case of serious emergency where national interest is involved G0roviso to -ec. ADH >5B.@H. .n adolescent who has not "een granted a certificate of fitness to work in a factory as an adult is deemed to "e a child for all the purposes of the 1actories .ct Gsec. AD >9@J *hunjhunwala v. ).K. 0atnaik8 >57?;@ 9 3.3.*. FF5H.

='r0!n, ('$r. an+ n' !-& '# p&r!'+. '# *'r0 #'r -(!"+r&n 3S&-.. F1 an+ F48. >5@ Corking hours limited to ;B5O9. No child shall "e employed or permitted to work in any factoryBB >a@ 1or more than ;B5O9 hours in any dayJ >"@ During the night G-ec. A5 >5@H. ENightE means a period of at least 59 consecutive hours8 which shall include the interval "etween 5D 0.#. and ?..#. G+xpl. to -ec. A5 >5@H. >9@ 0eriod of work of children limited to 9 shifts. &he period of work of all children employed in a factory shall "e limited to 9 shifts. &hese shifts shall not overlap or spread over more than F hours each. +ach child shall "e employed in only one of the relays which shall not8 except with the previous permission in writing of the !hief Inspector8 "e changed more fre%uently than once in a period of :D days G-ee. A5>9@H. >:@ !hild workers entitled to weekly holidays. &he provisions of weekly holidays >-ec. F9@ shall apply also to child workers and no exemption from these provisions may "e granted in respect of any child G-ec. A5 >:@H. >;@ 0rohi"ition if the !hild worker has already "een working in another factory. No child shall "e re%uired or allowed to work in any factory on any day on which he has already "een working in another factory Gsec. A5 >;@H. >F@ 1emale child to work only "etween 6 ..#. to A 0.#. No female child shall "e re%uired or allowed to work in any factory except "etween 6 ..#. and A 0.#. G-ec. A5>F@ as introduced "y the .mendment .ct of 576AH. >?@ Display of notice of work of child workers. &here shall "e displayed and correctly maintained in every factory in which children are employed a notice of periods of work for children showing !learly for every day the periods during which children may "e re%uired or allowed to work G-ec. A9 >5@H. &he provisions of -ec. ?5>6@8 >7@ and >5D@ >discussed earlier@ also apply to the notice re%uired under -ec. A9 >5@ G-ec. A9 >:@H. >A@ 1ixation of periods of work "efore hand &he periods shown in the notice shall "e fixed "eforehand in accordance with the method laid down for adult workers G-ec. A9 >9@H. R&,!. &r '# -(!"+ *'r0&r. 3S&-. F78. &he manager of every factory in which children are employed shall maintain a register of child workers showing >a@ the name of each child worker in the factory8 >"@ the nature of his work8 >c@ the group8 if any8 in which he is included8 >d@ where his group works on shifts8 the relay to which he is allotted8 and >e@ the num"er of his certificate of fitness. &he register shall "e availa"le to the Inspector at all times during working hours or when any work is "eing carried on in a factory Gsec. A: >5@H.

No child worker shall "e re%uired or allowed to work in any factory unless his name and other particulars have "een entered in the register of child workers Gsec. A: >lB.@H. &he -tate $overnment may prescri"e the form of the register of child workers8 the manner In which it shall "e maintained and the period for which it shall "e preserved G-ec. A: >9@H. &he hours of work of a child shah correspond with the notice of periods of work for children displayed in the factory and the entries made "eforehand against his name in the register of child workers >-ec. A;@. P'*&r ' r&)$!r& %&+!-a" &Ba%!na !'n 3S&-. FE8. .n Inspector may direct the manager of a factory to have a person or young person medically examined "y a certifying surgeon when he is of opinionBB a@ &hat the person working in the factory without a certificate of fitness is a young person8 or >"@ &hat the young person working in the factory with a certificate of fitness is no longer fit to work in the capacity stated in the certificate8 and that such a person shall not "e employed or permitted to work in the factory until he has "een examined and granted a certificate of fitness or a fresh certificate of fitness. P'*&r ' %a0& r$"&., T(& S a & G'1&rn%&n %a2 %a0& r$"&.66 >a@ 0rescri"ing the forms of certificates of fitness to "e granted to the young persons and the procedure for their issueJ >"@ 0rescri"ing the physical standards to "e attained "y children and adolescents working in factoriesJ >c@ egulating the procedure of certifying surgeons and prescri"ing other duties8 which the certifying surgeons may "e re%uired to perform in connection with the employment of young persons in factories >-ec. A?@. &he provisions relating to the employment of young persons are in addition to8 and not in derogation of8 the provisions of the +mployment of !hildren .ct8 57:5 >-ec. AA@.

E:PLO>:ENT OF =O:EN
.ll the provisions of the 1actories .ct regarding employment and work of adult male workers apply to adult female workers except the following provisions8 which apply to adult female workers only. 5. Cork on or near machinery motion G-ec. 99 >9@H. 9. 0rohi"ition of employment near cottonBopeners >-ec. 9A@. :. !reches >-ec. ;6@.

;. Corking hours >-ecs. F5 and F;@. . woman shall not "e re%uired or allowed to work in a factory for more than ;6 hours in any week or 7 hours in any day F. estriction on employment of women >sec. ??@. . woman shall "e re%uired or allowed to work in a factory only "etween the hours of ? ..#. and A 0.#. &he -tate $overnment may. "y notification In the 'fficial $aMette in respect of any factory or group or class or description of factories8 vary these limits. )ut no such variation shall authoriMe the employment of any woman "etween the hours of 5D 0.#. and F ..#8 .gain there shall "e no change of shifts in the case of women workers in a factory except after a weekly or any other holiday G-ec. ?? >5@H. ?. +ffect of certificate of fitness granted to female adolescent G-ec. AD >5B.@H. &his has already "een discussed. A. Dangerous operations G-ec. 6A>"@H. Chere the -tate $overnment is of opinion that any operation carried on in a factory exposes any person employed in it to a serious risk of "odily injury8 poisoning or disease8 it may make rules prohi"iting or restricting the employment of women in that operation.

ANNUAL LEAVE =ITH =AGES

A--'r+!n, ' S&-. F88 the provisions relating to annual leave with wages as contained in >secs. A6 to 6;@ of the .ct shall not prejudice any rights of workers under any other law8 award or agreement >including settlement@ or contract of service. Chen such award agreement >including settlement@ or contract of service provides for a longer annual leave with wages than under the provisions of -ecs. A7 to 698 the worker shall "e entitled to such annual leave. )ut in relation to matters not provided for in such award8 agreement or contract of service or matters which are provided for less favora"ly therein8 the provisions of -ecs. A7 to 698 so far as may "e shall apply Gsec. A6 >5@H. (ules relating to annual leave $ith $ages 5. 3eave entitlementBBone day for every 9DO5F days of work performed in case of adultOchild. +very worker who has worked for a period of 9;D days or more in a factory during a calendar year shall "e allowed during the su"se%uent calendar year leave with wages for a certain num"er of days. &hese days of leave shall "e calculated at the rate ofI B >i@ If an adult8 one day for every 9D days of work performed "y him during the previous calendar yearJ >ii@ If a child8 one day for every 5F days of work performed "y him during i.e. previous calendar year G-ec. A7 >5@H.

&he leave admissi"le under the a"ove rule shall "e exclusive of all holidays whether occurring during or at either end of the period of leave G+xpl. 9 to -ec. A7 >5@H. 9. !omputation of period of 9;D days. 1or computing the period of 9;D days8 the days of layBoff8 maternity leave to a female worker not exceeding 59 weeks8 and the leave earned in the previous year shall "e included in this period of 9;D days8 "ut heOshe shall not earn leave for these days G+xplanation 5 to -ec. A7 >5@H. . worker who is employed on any day after the first day of *anuary shall "e entitled to leave with wages at the rates laid down in -ec. A7 >5@ if he has worked for 9O:rds of the total num"er of days in the remainder of the calendar year G-ec. A7 >9@H. :. Discharge8 dismissal8 superannuating8 death or %uitting of employment. If a worker is discharged or dismissed from service or %uits his employment or is superannuated or dies while in service8 during the course of the calendar year8 he or his heir or nominee8 as the case may "e8 shall "e entitled to wages. &hese wages shah "e in lieu of the %uantum of leave to which he was entitled calculated at the rates specified In -ec. A7 >5@. /e shall "e entitled to these wages even if he had not worked for the entire period specified in -ec. A7 >5@ making him eligi"le to avail of such leave. &he payment of wages shall "e madeI B >i@ Chere the worker is discharged or dismissed or %uits employment8 "efore the expiry of the second working day from the date of such discharge8 dismissal or %uittingJ or >ii@ Chere the worker Is superannuated or dies while in service8 "efore the expiry of 9 months from the date of such superannuation or death G-ec. A7 >9@H. ;. &reatment of fraction of leave. In calculating leave period8 fraction of leave of half a day or more shall "e treated as one full dayEs leave8 and fraction of less than half a day shall "e omitted G-ec. A7 >;@H. F. &reatment of unveiled leave. If a worker does not in any one calendar year take the whole of the leave allowed to him. any leave not taken "y him shall "e added to the leave to "e allowed to him in the succeeding calendar year. )ut the total num"er of days of leave that may "e carried forward to a succeeding year shall not exceed :D in the case of an adult or ;D In the case of a child. /owever8 annual leave not allowed "ecause of any scheme for leave in operation shall "e carried forward without any limit G-ec. A7 >F@H. ?. .pplication for leave to "e made in writing within a specified time. . worker may at any time apply for annual leave in writing to the manager of the factory at least 5F days "efore the date on which he wishes his leave to "egin. In a pu"lic utility service the application shall likewise "e made at least :D days "efore the date on which the worker wishes his leave to "egin. )ut the num"er of times the leave may "e taken during any year shall not exceed : G-ec. A7 >?@H. A. .pplication for leave covering a period of illness may not "e made within the specified time. If a worker wants to avail himself of the leave with wages due to him to cover a period of illness8 he shall "e granted such leave even if the application for leave is not made within the time specified. In such a case8 advance payment of wages >as

admissi"le under -ec. 65@ shall "e made not later than 5F days8 or in the case of a pu"lic utility service not later than :D days8 from the date of the application for leave Gsec. A7 >A@H. 6. -cheme for the grant of leave. 1or the purpose of ensuring the continuity of work8 the occupier or the manager of the factory8 in agreement with the Corks !ommittee >constituted under -ec. : of the Industrial Disputes .ct. 57;A in an industrial esta"lishment in which 5DD or more workmen are employed@8 if any8 or the representatives of workers8 may draw up and lodge with the !hief Inspector a scheme for regulating the grant of leave G-ec. A7 >6@H. 7. Display of scheme for grant of leave. &he scheme shall "e displayed at some convenient and conspicuous places in the factory. It shall "e in force in the first instance for 59 months8 and may "e renewed for a further period of 59 months at a time. . notice of renewal shall "e sent to the !hief Inspector "efore it is renewed G-ec. A7 >7@H. 5D. efusal of leave to "e in accordance with scheme. .n application for leave su"mitted in proper time shall not "e refused8 unless refusal is in accordance with the scheme for leave for the time "eing in operation G-ec.A7 >5D@H. 55. 0ayment of wages to worker for leave period if he is discharged or if he %uits service. If a worker "eing entitled to leave according to the rules is discharged8 or if having applied for is refused leave and %uits service "efore he has taken the leave8 he shall "e paid wages in respect of the leave not taken. &he payment shall "e made "efore the expiry of the second working day after discharge or on or "efore the next payday in case the worker %uits his employment G-ec. A7 >55@H. 59. (navailed leave not to "e taken into account while computing period of notice. &he unavailed leave of a worker shall not "e taken into consideration in computing the period of any notice re%uired to "e given "efore discharge or dismissal G-ec. A7 >59@H. =a,&. +$r!n, "&a1& p&r!'+ >-ec. 6D@. 1or the leave allowed to a worker he shall "e entitled to wages at a rate e%ual to the daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave. &he full time earnings shall "e exclusive of any overtime and "onus "ut inclusive of dearness allowance and the cash e%uivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles Gsec. 6D >5@H. In the case of a worker who has not worked on any day during the calendar month immediately preceding his leave8 he shall "e paid at a rate e%ual 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. &hese full time earnings shall "e exclusive of any overtime wages and "onus "ut inclusive of dearness allowance

and the cash e%uivalent of the advantage accruing through the concessional sale to the workers of food grains and other articles G0roviso to -ec. 6D >5@ as added "y the .mendment .ct of 576AH. &he calculation of cash e%uivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles shall "e calculated in the same manner as laid down in -ec. F7 >;@ explained in connection with +xtra wages for overtimeE Gsec. 6D >9@H. &he -tate $overnment may make rules prescri"ingN >a@ &he manner in which the cash e%uivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall "e computedJ and >"@ &he register that shall "e maintained in a factory for the purpose of compliance with the provisions of -ec. 6D G-ec. 6D >:@H.

OTHER PROVISIONS
Payment in advance in certain cases >-ec. 65@. . worker who has "een allowed leave for not less than ; days8 in the case of an adult8 and F days8 in the case of a child8 shall8 "efore his leave "egins8 "e paid the wages due for the period of the leave allowed. Mode of recovery of unpaid a!es >-ec. 69@. .ny sum re%uired to "e paid "y an employer as wages "ut not paid "y him shall "e recovera"le as delayed wages under the provisions of the 0ayment of Cages .ct. 57:?. 0ower to make rules >-ec. 6:@. &he -tate $overnment may make rules directing managers of factories to keep registers containing prescri"ed particulars and re%uiring the registers to "e availa"le for examination "y Inspectors. Po er to e"empt factories >-ec. 6;@. &he -tate $overnment may exempt a factory from the operation of the leave rules if it is satisfied that its own leave rules provide "enefits8 which are not less favora"le to the workers than the statutory leave rules.

SPECIAL PROVISIONS
P'*&r ' app"2 (& A- ' -&r a!n pr&%!.&. 3S&-. 8E8. &he -tate $overnment may8 "y notification in the 'fficial $aMette8 declare that all or any of the provisions of the 1actories .ct 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. &his provision may "e made applica"le even whereBB >i@ &he num"er of persons employed in the place of work is less than 5D if working with the aid of power8 and less than 9D8 if working without the aid of power8 or >ii@ &he persons working in the place of work are not employed "y the owner thereof "ut are working with the permission of8 or under agreement with8 such owner.

If the owner only with the aid of his family is carrying on the manufacturing process8 the a"ove provision shall not apply G-ec. 6F >5@H. .fter a place is so declared under -ec. 6F >5@8 it shall "e deemed to "e a factory for the purposes of the .ct and the owner shall "e deemed to "e the occupier and any person working therein8 a worker G-ec. 6F >9@H. P'*&r ' &B&%p p$/"!- !n. ! $ !'n. 3S&-. 8<8. &he -tate $overnment may exempt8 su"ject to necessary conditions8 any workshop or workplace where a manufacturing process is carried on and which is attached to a pu"lic institution maintained for the purposes of education8 training8 research or reformation8 from all or any of the provisions of the 1actories .ct. &his shall8 however8 "e su"ject to a scheme for the regulation of hours of work8 intervals for meals and holidays8 to "e prepared "y the person having the control of the institution and to "e su"mitted to the -tate $overnment for its approval. If the -tate $overnment is satisfied that the provisions of the scheme are not less favora"le than the corresponding provisions of this .ct8 the exemption shall "e granted from the provisions of work and holidays. Dan,&r'$. 'p&ra !'n. 3S&-. 8F8. . manufacturing process or operation carried on in a factory might expose any person employed in it to a serious risk of "odily injury8 poisoning or disease. &he -tate $overnment may make rules applica"le to any such factory or class or description of factories in which the manufacturing process or operation is carried onBB >a@ -pecifying the manufacturing process or operation and declaring it to "e dangerousJ >"@ 0rohi"iting or restricting the employment of women8 adolescents or children in the manufacturing process or operationJ >c@ 0roviding for the periodical medical examination of persons employed8 or seeking to "e employed8 in the manufacturing process or operation and prohi"iting the employment of persons not certified as fit for such employment and re%uiring the payment "y the occupier of the factory of fees for such medical examinationJ >d@ 0roviding for the protection of all persons employed in the manufacturing process or operation or in the vicinity of the places where it is carried onJ >e@ 0rohi"iting8 restricting or controlling the use of any specified materials or processes in connection with the manufacturing process or operationJ and >f@ e%uiring the provision of additional welfare amenities and sanitary facilities and the supply of protective e%uipment and clothing8 and laying down the standards thereof8 having regard to the dangerous nature of the manufacturing process or operation. Po er to prohibit emp#oyment on account of serious ha$ard %Sec. &'( as introduced by the (mendment (ct of 1)&'*. -ometimes it may appear to the Inspector that conditions in a factory or part thereof are such that they may cause serious haMard "y way of injury or death to the persons employed therein or to the general pu"lic in the vicinity. In such a case8 he may8 "y order in writing to the occupier of the factory8 state the particulars in respect of which he considers the factory or part thereof to "e the cause of such serious haMard. /e may further prohi"it such occupier from employing any person in the factory or any part

thereof other than the minimum num"er of persons necessary to attend to the minimum tasks till the haMard is removed G-ec. 6AB. >5@H. &he order so issued "y the Inspector shall have effect for a period of : days until extended "y the !hief Inspector "y a su"se%uent order G-ec. 6AB. >9@H. N' !-& '# -&r a!n a--!+&n . 3.&-. 888. Chere in any factory an accident occurs which causes death8 or which causes any "odily injury "y reason of which the person injured is prevented from working for a period of ;6 hours or more immediately following the accident8 the manager of the factory shall send notice thereof to such authorities8 and in such form and within such time8 as may "e prescri"ed Gsec. 66 >5@H. +otice of certain dan!erous occurrences %sec. &&-(*. Chere in a factory any dangerous occurrence of such nature as may "e prescri"ed occurs8 whether causing any "odily injury or disa"ility or not. &he manager of the factory shall send notice thereof to such authorities8 and in such form and within such time8 as may "e prescri"ed. P'*&r ' +!r&- !n)$!r2 !n ' -a.&. '# a--!+&n 'r +!.&a.& 3S&-. 958. &he -tate $overnment may appoint a competent person to in%uire into the causes of any accident occurring in a factory or into any case where a disease specified in the &hird -chedule to the .ct has "een8 or is suspected to have "een8 contracted in a factory. It may also appoint one or more persons possessing legal or special knowledge to act as assessors in such in%uiry G-ec. 7D >5@H. &he person appointed to hold an in%uiry under -ec. 7D shall have the powers of a !ivil !ourt and also of an Inspector under the .ct G-ec. 7D >9@H.

PENALTIES AND PROCEDURE

-ec. 79 tD 5D? provide for penalties for certain offences and procedural matters. &he .mendment .ct of 576A has considera"ly enhanced these penalties so that they serve as a deterrent for the commission of offences. $eneral penalty for offences >-ec. 79@. If in any factory there is any contravention of any of the provisions of the .ct or of any rules made there under8 the occupier and manager of the factory shall each "e guilty of an offence and punisha"le with imprisonment for a term up to 9 years or with fine up to s. 58DD8DDD or with "oth. If the contravention is continued after conviction8 they shall "e punisha"le with a further fine which may extend to s. 58DDD for each day on which the contravention is so continued. &his is su"ject to other express provisions in the .ct and -ec. 7: >which deals with lia"ility of owner of premises in certain circumstances@. Chere the contravention of any of the provisions of !hapter I, >dealing with EsafetyE@ or any rule made there under or under -ec. 6A >dealing with Edangerous operationsE@ has resulted in an accident causing death or serious "odily injury8 the fine shall not "e less

than s. 9F8DDD in the case of an accident causing death and s. F8DDD in the case of an accident causing serious "odily injury >0roviso to -ec. 79@. -erious "odily injuryE means an injury which involves8 or in all pro"a"ility will involve8 the permanent loss of the use of or permanent injury to any lim" or the permanent loss of or injury to8 sight or hearing8 or the fracture of any "one. It does not include the fracture of "one or joint >not "eing fracture of more than one "one or joint@ of any phalanges of the hand or foot >+xplanation to -ec. 79@. +nhanced penalty after conviction >sec. 7;@8 If any person who has "een convicted of any offence punisha"le under -ec. 79 is again guilty of an offence involving a contravention of the same provision8 he shall "e punisha"le on a su"se%uent conviction with imprisonment for a term which may extend to : years or with fine which shall not "e less than s. 5D8DDD "ut which may extend to s. 98DD8DDD or with "oth. )ut the !ourt may for any ade%uate and special reasons to "e mentioned in the *udgment8 impose a fine of less than -. 5D8DDD. No cogniMance shall "e taken of any conviction made more than 9 years "efore the commission of the offence for which the person m su"se%uently "eing convicted G-ec. 7; >9@H. !ogniMance of offences >-ec. 5DF@8 No !ourt shall take cogniMance of any offence under this .ct except on a complaint "y8 or with the previous sanction in writing of an Inspector G-ec. 5DF >5@H. 1urther8 no !ourt "elow that of a 0residency #agistrate or a #agistrate of the first class shall try any offence punisha"le under the .ct Gsec. 5DF >9@H. &he complaint must "e filed within : months of the date on which the alleged commission of the offence comes to the knowledge of an Inspector. )ut where the offence consists of diso"eying a written order made "y an Inspector8 complaint thereof may "e made within ? months of the date on which the offence is alleged to have "een committed >-ec. 5D? @ &he E+xplanationE to -ec. 5D? lays down the procedure for the computation of the period of limitation. .ppeals >-ec. 5DA@. &he manager of a factory on whom an order in writing "y an Inspector has "een served under the provisions of this .ct or the occupier of the factory may8 within :D days of service of the order8 appeal against it to the prescri"ed authority. -uch authority may8 su"ject to rules made in this "ehalf "y the -tate $overnment8 confirm8 modify or reverse the order. Display of notices >-ec. 5D6@. In addition to the notices re%uired to "e displayed in any factory "y or under this .ct8 there shall "e displayed in every factory a notice containing such a"stracts of this .ct and of the rules made there under as may "e prescri"ed and also the name and address of the Inspector and the certifying surgeon Gsec. 5D6 >5@H. &he notices shall "e in +nglish and in a language understood "y the majority of the workers in the factory. &hey shall "e displayed at some conspicuous and convenient place at or near the main entrance to the factory8 and shall "e maintained in clean and legi"le condition G-ec. 5D6 >9@H. &he !hief Inspector may8 "y order in writing served on

the manager of the factory8 re%uire the display of posters relating to the health8 safety and welfare of workers G-ec. 5D6 >:@H. eturns >-ec. 55D@. &he -tate $overnment may make rules re%uiring owners8 occupiers or managers of factories to su"mit such returns8 occasional or periodical8 as may in its opinion "e re%uired. 0ower to make rides and give directions >-ecs. 5598 55: and 55F@. &he -tate $overnment may make rules providing for any matter8 which may "e considered expedient in order to give effect to the purposes of the .ct >-ec. 559@. &he !entral $overnment may also give directions to a -tate $overnment as to the carrying into execution of the provisions of the .ct >-ec. 55:@. -ec. 55F provides for the pu"lication of rules made under the .ct in the 'fficial $aMette. estriction on disclosure of information >new -ec. l56B. as introduced "y the .mendment .ct of 576A@8 +very Inspector shall treat as confidential the source of any complaint "rought to his notice on the "reach of any provision of this .ct G-ec. l56B. >5@H. 1urther8 he shall not8 while making any inspection under this .ct8 disclose to the occupier8 manager or his representative that the inspection is made in pursuance of the receipt of a complaint. &his rule shall not apply to any case in which the person who has made the complaint has consented to disclose his name G-ec. 556B. >9@H.