Department of Vocational Courses , A.S.College, Deoghar: THE FACTORIES ACT, 1948 part-1

ACT NO. 63 OF 1948 1*

[23rd September, 1948.]

An Act to consolidate and amend the law regulating labour in

factories.

WHEREAS it is expedient to consolidate and amend the law

regulating labour in factories;

It is hereby enacted as follows:-

CHAPTER I

PRELIMINARY

Short title, extent and commencement.

1. Short title, extent and commencement. (1) This Act may be

called the Factories Act, 1948.

2*[(2) It extends to the whole of India 3***.]

(3) It shall come into force on the 1st day of April, 1949.

Interpretation.

2. Interpretation. In this Act, unless there is anything

repugnant in the subject or context,-

(a) "adult" means a person who has completed his fifteenth

year of age;

(b) "adolescent" means a person who has completed his

fifteen year of age but has not completed his

eighteenth year;

4*[(bb) "calendar year" means the period of twelve months

beginning with the first day of January in any year;]

fifteenth year of age;

5*[(ca)] "competent person", in relation to any provision of

this Act, means a person or an institution recognised

as such by the Chief Inspector for the purposes of

carrying out tests, examinations and inspections

required to be done in a factory under the provisions

of this Act having regard to-

(i) the qualifications and experience of the

person and facilities available at his disposal;

(ii) the qualifications and experience of the

persons employed in such institution and

facilities available therein,

With regard to the conduct of such tests, examinations and

inspections, and more than one person or institution can be

recognised as a competent person in relation to a factory;

(cb) "hazardous process" means any process or activity in

relation to an industry specified in the First Schedule

where, unless special care is taken, raw materials used

therein or the intermediate or finished products, byeproducts,

wastes or effluents thereof would--

(i) cause material impairment to the health

of the persons engaged in or connected therewith,

(ii) result in the pollution of the general

environment:

Provided that the State Government may, by notification

in the Official Gazette, amend the First Schedule by way of

addition, omission or variation of any industry specified in

the said Schedule;]

(d) "young person" means a person who is either a child or

an adolescent;

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1. The Act has been extended to-

Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I.

Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I.

Goa, Daman and Diu by Reg, 11 of 1963, s. 3 and Sch.

Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965,

s. 3 and Sch. I.

2. Subs. by the A. O. 1950 for the former sub-section.

3. The words "except the State of Jammu and Kashmir" omitted by Act

51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).

4. Ins. by Act 25 of 1954, s. 2.

5. Ins. by Act 20 of 1987, s. 2 (w.e.f. 1.12.1987).

(e) "day" means a period of twenty-four hours beginning at

midnight;

(f) "week" means a period of seven days beginning at

midnight on Saturday night or such other night as may

be approved in writing for a particular area by the

Chief Inspector of Factories;

(g) "power" means electrical energy, or any other form of

energy which is mechanically transmitted and is not

generated by human or animal agency;

(h) "prime mover" means any engine, motor or other

appliance which generates or otherwise provides power;

(i) "transmission machinery" means any shaft, wheel, drum,

pulley, system of pulleys, coupling, clutch, driving

belt or other appliance or device by which the motion

of a prime mover is transmitted to or received by any

machinery or appliance;

(j) "machinery" includes prime movers, transmission

machinery and all other appliances whereby power is

generated, transformed, transmitted or applied;

(k) "manufacturing process" means any process for-

(i) making, altering, repairing, ornamenting,

finishing, packing, oiling, washing, cleaning,

breaking up, demolishing, or otherwise treating or

adapting any article or substance with a view to

its use sale, transport, delivery or disposal, or

1*[(ii) pumping oil, water, sewage or any

other substance; or]

(iii) generating, transforming or

transmitting power; or

2*[(iv) composing types for printing,

printing by letter press, lithography,

photogravure or other similar process or book

binding;] 3*[or]

(v) constructing, reconstructing, repairing,

refitting, finishing or breaking up ships or

vessels; 3*[or]

----------------------------------------------------------------------

1. Subs. by Act 94 of 1976, s. 2, for sub-clause (ii) of clause (k)

(w.e.f. 26-10-1976).

2. Subs. by Act 25 of 1954, s. 2, for former sub-clause.

3. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).

1*[(vi) preserving or storing any article in

cold storage;]

(l) "worker" means a person 2*[employed, directly or by or

through any agency (including a contractor) with or

without the knowledge of the principal employer,

whether for remuneration or not], in any manufacturing

process, or in cleaning any part of the machinery or

premises used for a manufacturing process, or in any

other kind of work incidental to, or connected with,

the manufacturing process, or the subject of the

manufacturing process 1*[but does not include any

member of the armed forces of the Union];

(m) "factory" means any premises including the precincts

thereof-

(i) whereon ten or more workers are working,

or were working on any day of the preceding twelve

months, and in any part of which a manufacturing

process is being carried on with the aid of power,

or is ordinarily so carried on, or

(ii) whereon twenty or more workers are

working, or were working on any day of the

preceding twelve months, and in any part of which

a manufacturing process is being carried on

without the aid of power, or is ordinarily so

carried on,-

but does not include a mine subject to the operation of

3*[the Mines Act, 1952 (35 of 1952),] or 4*[a mobile

unit belonging to the armed forces of the Union, a

railway running shed or a hotel, restaurant or eating

place].

5*[Explanation. 6*[I]--For computing the number of

workers for the purposes of this clause all the workers

in 6*[different groups and relays] in a day shall be

taken into account;]

6*[Explanation. II.--For the purposes of this clause,

the mere fact that an Electronic Data Processing Unit

or a Computer Unit is installed in any premises or part

thereof, shall not be construed to make it a factory f

no manufacturing process is being carried on in such

premises or part thereof;]

(n) "occupier" of a factory means the person who has

ultimate control over the affairs of the factory 6***.

----------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).

2. Subs. by s. 2, ibid., for certain words (w.e.f. 26-10-1976).

3. Subs. by Act 25 of 1954, s. 2, for "the Indian Mines Act, 1923 (4

of 1923)".

4. Subs. by Act 94 of 1976, s. 2, for the words "a railway running

shed: (w.e.f. 26-10-1976).

5. Ins. by s, 2, ibid. (w.e.f. 26-10-1976).

6. Numbered, subs, ins. and omitted by Act, 20 of 1987, s. 2 (w.e.f.

1-12-1987).

1*[Provided that-

(i) in the case of a firm or other association of

individuals, any one of the individual partners or

members thereof shall be deemed to be the occupier;

(ii) in the case of a company, any one of the

directors shall be deemed to be the occupier;

(iii) in the case of a factory owned or controlled

by the Central Government or any State Government, or

any local authority, the person or persons appointed to

manage the affairs of the factory by the Central

Government, the State Government or the local

authority, as the case may be, shall be deemed to be

the occupier:];

1*[Provided further that in the case of a ship which is

being repaired, or on which maintenance work is being

carried out, in a dry dock which is available for

hire,-

(1) the owner of the dock shall be deemed to be

the occupier for the purposes of any matter provided

for by or under-

(a) section 6, section 7, 1*[section 7A,

section 7B] section 11 or section 12;

(b) section 17, in so far as it relates to

the providing and maintenance of sufficient and

suitable lighting in or around the dock;

section 46, section 47 or section 49, in relation

to the workers employed on such repair or

maintenance;

(2) the owner of the ship or his agent or master

or other officer-in-charge of the ship or any person

who contracts with such owner, agent or master or other

officer-in-charge to carry out the repair or

maintenance work shall be deemed to be the occupier for

the purposes of any matter provided for by or under

section 13, section 14, section 16 or section 17 (save

as otherwise provided in this proviso) or Chapter IV

(except section 27) or section 43, section 44 or

section 45, Chapter VI, Chapter VII, Chapter VIII or

Chapter IX or section 108, section 109 or section 110,

in relation to-

(a) the workers employed directly by him, or

by or through any agency; and

(b) the machinery, plant or premises in use

for the purpose of carrying out such repair or

maintenance work by such owner, agent, master or

other officer-in-charge or person;]

1* * * * *

----------------------------------------------------------------------

1 Ins. subs, and omitted by Act 20 of 1987, s. 2 (w.e.f. 1-12-87).

(p) "prescribed" means prescribed by rules made by the

State Government under this Act;

1* * * * *

(r) where work of the same kind is carried out by two or

more sets of workers working during different periods

of the day, each of such sets is called a 2*["group"

"relay"] and each of such periods is called a "shift".

References to time of day.

3. References to time of day. In this Act references to time of

day are references to Indian Standard Time, being five and a half

hours ahead of Greenwich Mean Time:

Provided that for any area in which Indian Standard Time is not

ordinarily observed the State Government may make rules-

(a) specifying the area,

(b) defining the local mean time ordinarily observed

therein, and

the factories situated in the area.

Power to declare different departments to be separate factories or

twoor more

factories to be a single factory.

3*[4. Power to declare different departments to be separate

factories or two or more factories to be a single factory. The State

Government may, 4*[on its own or] on an application made in this

behalf by an occupier, direct, by an order in writing; 4*[and subject

to such conditions as it may deem fit] that for all or any of the

purposes of this Act different departments or branches of a factory of

the occupier specified in the application shall be treated as separate

factories or that two or more factories of the occupier specified in

the application shall be treated as a single factory:]

4*[Provided that no order under this section shall be made by the

State Government on its own motion unless on opportunity of being

heard is given to the occupier.]

Power to exempt during public emergency.

5. Power to exempt during public emergency. In any case of public

emergency the State Government may, by notification in the Official

Gazette, exempt any factory or class or description of factories from

all or any of the provisions of this Act, 5*[except section 67] for

such period and subject to such conditions as it may think fit:

Provided that no such notification shall be made for a period

exceeding three months at a time.

----------------------------------------------------------------------

1. Clause (q) rep. by the A. O. 1950.

2. Subs, by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987).

3. Subs. by Act 25 of 1954, s. 3.

4. Ins. in added by Act 20 of 1987 s. 3 (w.e.f. 1-12-1987).

5. Ins. by the A. O. 1950.

1*[Explanation.--For the purposes of this section "public

emergency" means a grave emergency whereby the security of India or of

any part of the territory thereof is threatened, whether by war or

external aggression of internal disturbance.]

Approval, licensing and registration of factories.

6. Approval, licensing and registration of factories. (1) The

State Government may make rules-

2*[(a) requiring, for the purposes of this Act, the

submission of plans of any class or description of

factories to the Chief Inspector or the State

Government;]

3*[(aa)] requiring the previous permission in writing of the

State Government or the Chief Inspector to be obtained

for the site on which the factory is to be situated and

for the construction or extension of any factory or

class or description of factories;

(b) requiring for the purpose of considering application

for such permission the submission of plans and

specifications;

and by whom they shall be certified;

(d) requiring the registration and licensing of factories

or any class or description of factories, and

prescribing the fees payable for such registration and

licensing and for the renewal of licences;

(e) requiring that no licence shall be granted or renewed

unless the notice specified in section 7 has been

given.

(2) If on an application for permission referred to in 4*[clause

(aa)] of sub-section (1) accompanied by the plans and specifications

required by the rules made under clause (b) of that sub-section, sent

to the State Government or Chief Inspector by registered post, no

order is communicated to the applicant within three months from the

date on which it is so sent, the permission applied for in the said

application shall be deemed to have been granted.

(3) Where a State Government or a Chief Inspector refuses to

grant permission to the site, construction or extension of a factory

----------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976).

2. Ins. by s. 4, ibid. (w.e.f. 26-10-1976).

3. Clause (a) re-lettered as clause (aa) by s. 4, ibid. (w.e.f. 26-

10-1976).

4. Subs. by s. 4, ibid., "clause (a)" (w.e.f. 26-10-1976).

or to the registration and licensing of a factory, the applicant may

within thirty days of the date of such refusal appeal to the Central

Government if the decision appealed from was of the State Government

and to the State Government in any other case.

Explanation.--A factory shall not be deemed to be extended within

the meaning of this section by reason only of the replacement of any

plant or machinery, or within such limits as may be prescribed, of the

addition of any plant or machinery 1*[if such replacement or addition

does not reduce the minimum clear space required for safe working

around the plant or machinery or adversely affect the environmental

conditions from the evolution or emission of steam, heat or dust or

fumes injurious to health].

Notice by occupier.

7. Notice by occupier. (1) The occupier shall, at least fifteen

days before he begins to occupy or use any premises as a factory, sent

to the Chief Inspector a written notice containing-

(a) the name and situation of the factory;

(b) the name and address of the occupier;

2*[(bb) the name and address of the owner of the premises or

building (including the precincts thereof) referred to

in section 93;]

factory may be sent;

(d) the nature of the manufacturing process-

(i) carried on in the factory during the last

twelve months in the case of factories in

existence on the date of the commencement of this

Act, and

(ii) to be carried on in the factory during

the next twelve months in the case of all

factories;

3*[(e) the total rated horse power installed or to be

installed in the factory, which shall not include the

rated horse power of any separate stand-by plant;]

(f) the name of the manage of the factory of the purposes

of this Act;

----------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976).

2. Ins. by Act 25 of 1954, s. 4

3. Subs. by Act 94 of 1976, s. 5, for clause (e) (w.e.f. 26-10-

1976).

(g) the number of workers likely to be employed in the

factory;

(h) the average number of workers per day employed during

the last twelve months in the case of factory in

existence on the date of the commencement of this Act.

(i) such other particulars as may be prescribed.

(2) In respect of all establishments which come within the scope

of the Act for the first time, the occupier shall send a written

notice to the Chief Inspector containing the particulars specified in

subsection (1) within thirty days, from the date of the commencement

of this Act.

(3) Before a factory engaged in a manufacturing process which is

ordinarily carried on for less than one hundred and eighty working

days in the year resumes working, the occupier shall send a written

notice to the Chief Inspector containing the particulars specified in

sub-section (1) 1*[at least thirty days] before the date of the

commencement of work.

(4) Whenever a new manager is appointed, the occupier shall send

to the 2*[Inspector a written notice and to the Chief Inspector a Copy

thereof] within seven days from the date on which such person takes

over charges.

(5) During any period for which no person has been designated as

manager of a factory or during which the person designated does not

manage the factory, any person found acting as manage, or if no such

person is found, the occupier himself, shall be deemed to be the

manager of the factory for the purposes of this Act.

CHAPTER II

THE INSPECTING STAFF

7A.

General duties of the occupier.

3*[7A. General duties of the occupier. (1) Every occupier shall

ensure, so far as is reasonably practicable, the health, safety and

welfare of all workers while they are at work in the factory.

(2) Without prejudice to the generality of the provisions of subsection

(1), the matters to which such duty extends, shall include-

(a) the provision and maintenance of plant and systems of

work in the factory that are safe and without risks to

health;

(b) the arrangements in the factory for ensuring safety and

absence of risks to health in connection with the use,

handling, storage and transport of articles and

substances;

training and supervision as are necessary to ensure the

health and safety of all workers at work;

(d) the maintenance of all places of work in the factory in

a condition that is safe without risks to health and

the provision and maintenance of such means of access

to, and egress from, such places as are safe and

without such risks;

(e) the provision, maintenance or monitoring of such

working environment in the factory for the workers that

is safe, without risks to health and adequate as

regards facilities and arrangements for their welfare

at work.

(3) Except in such cases as may be prescribed, every occupier

shall prepare, and, as often as may be appropriate, revise, a written

statement of his general policy with respect to the health and safety

of the workers at work and the organisation and arrangements for the

time being in force for carrying out that policy, and to bring the

statement and any revision thereof to the notice of all the workers in

such manner as may be prescribed.]

7B.

General duties of manufactures, etc., as regards articles

andsubstances for use in factories.

4*[7B. General duties of manufactures, etc., as regards articles

and substances for use in factories. (1) Every person who designs,

manufactures, imports or supplies any article for use in any factory

shall--

(a) ensure, so far as is reasonably practicable, that the

article is so designed and constructed as to be safe

and without risks to the health of the workers when

properly used;

(b) carry out or arrange for the carrying out of such tests

and examination as may be considered necessary for the

effective implementation of the provisions of clause

(a);

adequate information will be available-

(i) in connection with the use of the article in

any factory;

(ii) about the use for which it is designed and

tested; and

(iii) about any conditions necessary to ensure

that the article, when put to such use, will be safe,

and without risks to the health of the workers:

Provided that where an article is designed or

manufactured outside India, is shall be obligatory on the

part of the importer to see-

(a) that the article conforms to the same standards if such

article is manufactured in India, or

(b) if the standards adopted in the country outside for the

manufacture of such article is above the standards

adopted in India, that the article conforms to such

standards.

(2) Every person, who undertakes to design or manufacture any

article for use in any factory, may carry out or arrange for the

carrying out of necessary research with a view of the discovery and,

so far as is reasonably practicable, the elimination or minimisation

of any risks to the health or safety of the workers to which the

design or article may give rise.

(3) Nothing contained in sub-section (1) and (2) shall be

construed to require a person to repeat the testing, examination or

research which has been carried out otherwise than by him or at his

instance in so far as it is reasonable for him to rely on the results

thereof for the purposes of the said sub-sections.

(4) Any duty imposed on any person by sub-section (1) and (20

shall extend only to things done in the course of business carried on

by him and to matters within his control.

(5) Where a person designs, manufactures, imports or supplies an

article on the basis of a written undertaking by the user of such

article to take the steps specified in such undertaking to ensure, so

far as is reasonably practicable, that the article will be safe and

without risks to the health of the workers when properly used, the

undertaking shall have the effect of relieving the person designing,

manufacturing, importing or supplying the article from the duty

imposed by clause (a) of sub-section (1) to such extent as is

reasonable having regard to the term of the undertaking.

(6) For the purposes of this section, and article is not to be

regarded as properly used if it is used without regard to any

information or advice relating to its use which has been made

available by the person who has designed, manufactured, imported or

supplied the article.

Explanation.--For the purposes of this section, "article" shall

include plant and machinery.

Inspectors.

8. Inspectors. (1) The State Government may, by notification in

the Official Gazette, appoint such persons as possess the prescribed

qualification to be Inspectors for the purposes of this Act and may

assign to them such local limits as it may think fit.

----------------------------------------------------------------------

1. Subs. by Act 40 of 1949, s. 3 and Sch. II for "within thirty

days".

2. Subs. by Act 25 of 1954, s. 4, for "Chief Inspector a written

notice".

3. Ins. by Art 20 of 1987, s. 4 (w.e.f. 1-12-1987).

4. Ins. by s. 4 ibid, (w.e.f. 1-06-1988).

(2) The State Government may, by notification in the Official

Gazette, appoint any person to be a Chief Inspector who shall, in

addition to the powers conferred on a Chief Inspector under this Act,

exercise the powers of an Inspector throughout the State.

1*[(2A) The State Government may, by notification in the Official

Gazette, appoint as many Addition Chief Inspector, Joint Chief

Inspector and Deputy Chief Inspector and as many other officers as it

thinks fit to assist the Chief Inspector and to exercise such of the

powers of the Chief Inspector as may be specified in such

notification.

(2B) Every additional Chief Inspector, Joint Chief Inspector,

Deputy Chief Inspector and every other officer appointed under

subsection (2A) shall, in addition to the powers of a Chief Inspector

specified in the notification by which he is appointed, exercise the

powers of an Inspector throughout the State.]

(3) No person shall be appointed under sub-section (1), subsection

(2) 1*[sub-section (2A)] or sub-section (5) or, having been so

appointed, shall continue to hold officer, who is or becomes directly

or indirectly interested in a factory or in any process or business

carried on therein or in any patent or machinery connected therewith.

(4) Every District Magistrate shall be an Inspector for his

district.

(5) The State Government may also, by notification as aforesaid,

appoint such public officers as it thinks fit to be additional

Inspectors for all or any of the purposes of this Act, within such

local limits as it may assign to them respectively.

(6) In any area where there are more Inspectors than one the

State Government may, by notification as aforesaid, declare the powers

which such Inspectors shall respectively exercise and the Inspector

to whom the prescribed notices are to be sent.

(7) 2*[Every Chief Inspector, Additional Chief Inspector, Joint

Chief Inspector, Deputy Chief Inspector, Inspector and every other

officer appointed under this section ] shall be deemed to be a public

----------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976).

2. Subs. by s. 6, ibid. (w.e.f. 26-10-1976).

servant within the meaning of the Indian Penal Code, (45 of 1860) and

shall be officially subordinate to such authority as the State

Government may specify in this behalf.

Powers of Inspectors.

9. Powers of Inspectors. Subject to any rules made in this

behalf, an Inspector may, within the local limits for which he is

appointed,--

(a) enter, with such assistants, being persons in the

service of the Government, or any local or other public

authority, 1*[or with an expert] as he thinks fit, any

place which is used, or which he has reason to believe

is used, as a factory;

1*[(b) make examination of the premises, plant, machinery,

article or substance;

whether resulting in bodily injury, disability or not,

and take on the spot or otherwise statements of any

person which he may consider necessary for such

inquiry;

(d) require the production of any prescribed register or

any other document relating to the factory;

(e) seize, or take copies of, any register, record or other

document or any portion thereof, as he may consider

necessary in respect of any offence under this Act,

which he has reason to believe, has been committed;

(f) direct the occupier that any premises or any part

thereof, or anything lying therein, shall be left

disturbed (whether generally or in particular respects)

for so long as is necessary for the purpose of any

examination under clause(b);

(g) take measurements and photographs and make such

recordings as he considers necessary for the purpose of

any examination under clause (b), taking with him any

necessary instrument or equipment;

(h) in case of any article or substance found in any

premises, being an article or substance which appears

to him as having caused or is likely to cause danger to

the health or safety of the workers, direct it to the

dismantled or subject it to any process or test (but

not so as to damage or destroy it unless the same is,

in the circumstances necessary, for carrying out the

purposes of this Act), and take possession of any such

article or substance or a part thereof, and detain it

for so long as is necessary for such examination;

(i) exercise such other powers as may be prescribed.]

Provided that no person shall be compelled under this section to

answer any question or give any evidence tending to incriminate

himself.

10.

Certifying surgeons.

10. Certifying surgeons. (1) The State Government may appoint

qualified medical practitioners to be certifying surgeons for the

purposes of this Act within such local limits or for such factory or

class or description of factories as it may assign to them

respectively.

(2) A certifying surgeon may, with the approval of the State

Government, authorize any qualified medical practitioner to exercise

any of his powers under this Act for such period as the certifying

surgeon may specify and subject to such conditions as the State

Government may think fit to impose, and references in this Act to a

certifying surgeon shall be deemed to include references to any

qualified medical practitioner when so authorized.

(3) No person shall be appointed to be, or authorized to exercise

the powers of, a certifying surgeon, or having been so appointed or

authorized, continue to exercise such powers, who is or becomes the

occupier of a factory or is or becomes directly or indirectly

interested therein or in any process or business carried on therein or

----------------------------------------------------------------------

1. Ins. and subs. by Act 20 of 1987, s. 5 (w.e.f. 1-12-87).

42A

any patent or machinery connected therewith or is otherwise in the

employ of the factory:

1*[Provided that the State Government may, by order in writing

and subject to such conditions as may be specified in the order,

exempt any person or class of persons from the provisions of this subsection

in respect of any factory or class or description of

factories.]

(4) The certifying surgeon shall carry out such duties as may be

prescribed in connection with-

(a) the examination and certification of young person under

this Act;

(b) the examination of persons engaged in factories in such

dangerous occupations or processes as may be

prescribed;

prescribed for any factory or class or description of

factories where--

(i) cases of illness have occurred which it

is reasonable to believe are due to the nature of

the manufacturing process carried on, or other

conditions of work prevailing, therein;

(ii) by reason of any change in the

manufacturing process carried on or in the

substances used therein or by reason of the

adoption of any new manufacturing process or of

any new substance for use in a manufacturing

process, there is a likelihood of injury to the

health of workers employed in that manufacturing

process;

(iii) young persons are, or are about to be,

employed in any work which is likely to cause

injury to their health.

Explanation.--In this section "qualified medical practitioner"

means a person holding a qualification granted by an authority

specified in the Schedule to the Indian Medical Degrees Act, 1916 (7

of 1916), or in the Schedules to the Indian Medical Council Act, 1933

(27 of 1933).

----------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 7 (w.e.f. 26-10-1976).

42B

CHAPTER III

HEALTH

11.

Cleanliness.

11. Cleanliness. (1) Every factory shall be kept clean and free

from effluvia arising from any drain, privy or other nuisance, and in

particular-

(a) accumulation of dirt and refuse shall be removed daily

by sweeping or by any other effective method from the

floors and benches of workrooms and from staircases and

passages, and disposed of in a suitable manner;

(b) the floor of every workroom shall be cleaned at least

once in every week by washing, using disinfectant,

where necessary, or by some other effective method;

any manufacturing process to such extent as is capable

of being drained, effective means of drainage shall be

provided and maintained;

(d) all inside walls and partitions, all ceilings or tops

of rooms and all walls, sides and tops of passages and

staircases shall-

(i) where they are 1*[painted otherwise than

with washable water-paint] or varnished, be

repainted or revarnished at least once in every

period of five years;

2*[(ia) where they are painted with washable

water paint, be repainted with at least one coat

of such paint at least once in every period of

three years and washed at least once in every

period of six months;]

(ii) where they are painted or varnished or

where they have smooth impervious surfaces, be

cleaned at least once in every period of fourteen

months by such method as may be prescribed;

(iii) in any other case, be kept whitewashed

or colourwashed, and the whitewashing or

colourwashing shall be carried out at least once

in every period of fourteen months;

2*[(dd) all doors and window frames and other wooden or

metallic framework and shutters shall be kept painted

or varnished and the painting or varnishing shall be

carried out at least once in every period of five

years;]

----------------------------------------------------------------------

1. Subs. by Act 94 of 1976, s. 8, for the word "painted" (w.e.f. 26-

10-1976).

2. Ins. by s. 8, ibid., (w.e.f. 26-10-1976).

42C

(e) the dates on which the processes required by clause (d)

are carried out shall be entered in the prescribed

(2) If, in view of the nature of the operations carried on 1*[in

a factory or class or description of factories or any part of a

factory or class or description of factories], it is not possible for

the occupier to comply with all or any of the provisions of subsection

(1), the State Government may be order exempt such factory or

class or description of factories 2* [or part] from any of the

provisions of that sub-section and specify alternative methods for

keeping the factory in a clean state.

12.

Disposal of wastes and effluents.

12. Disposal of wastes and effluents. 3*[(1) Effective

arrangements shall be made in every factory for the treatment of

wastes and effluents due to the manufacturing process carried on

therein, so as to render them innocuous and for their disposal.]

(2) The State Government may make rules prescribing the

arrangements to be made under sub-section (1) or requiring that the

arrangements made in accordance with sub-section 91) shall be approved

by such authority as may be prescribed.

13.

Ventilation and temperature.

13. Ventilation and temperature. (1) Effective and suitable

provision shall be made in every factory for securing and maintaining

in every workroom--

(a) adequate ventilation by the circulation of fresh air,

and

(b) such a temperature as will secure to workers therein

reasonable conditions of comfort and prevent injury to

health;-

and in particular,-

(i) walls and roofs shall be of such material and so

designed that such temperature shall not be exceeded

but kept as low as practicable;

(ii) where the nature of the work carried on in the factory

involves, or is likely to involve, the production of

excessively high temperatures, such adequate measures

as are practicable shall be taken to protect the

workers

----------------------------------------------------------------------

1. Subs. by Act 94 of 1976, s. 8, for "in a factory" (w.e.f. 26-10-

1976).

2. Ins. by s. 8, ibid., (w.e.f. 26-10-1976).

3. Subs. by s. 9, ibid., for sub-section (1) (w.e.f. 26-10-1976).

42D

therefrom, by separating the process which produces

such temperatures from the workroom, by insulating the

hot parts or by other effective means.

(2) The State Government may prescribe a standard of adequate

ventilation and reasonable temperature for any factory or class or

description of factories or parts thereof and direct that 1*[proper

measuring instruments, at such places and in such position as may be

specified, shall be provided and such records, as may be prescribed,

shall be maintained.]

1*[(3) If it appears to the Chief Inspector that excessively high

temperatures in any factory can be reduced by the adoption of suitable

measures, he may, without prejudice to the rules made under subsection

(2), serve on the occupier, an order in writing specifying the

measures which, in his opinion, should be adopted, and requiring them

to be carried out before a specified date.]

14.

Dust and fume.

14. Dust and fume. (1) In every factory in which, by reason of

the manufacturing process carried on, there is given off any dust or

fume or other

----------------------------------------------------------------------

1. Subs. by Act 20 of 1987, s. 6, (w.e.f. 1-12-1987).

impurity of such a nature and to such an extent as is likely to be

injurious or offensive to the workers employed therein, or any dust in

substantial quantities, effective measures shall be taken to prevent

its inhalation and accumulation in any workroom, and if any exhaust

appliance is necessary for this purpose, it shall be applied as near

as possible to the point of origin of the dust, fume or other

impurity, and such point shall be enclosed so far as possible.

(2) In any factory no stationary internal combustion engine shall

be operated unless the exhaust is conducted into the open air, and no

other internal combustion engine shall be operated in any room unless

effective measures have been taken to prevent such accumulation of

fumes therefrom as are likely to be injurious to workers employed in

the room.

15.

Artificial humidification.

15. Artificial humidification. (1) In respect of all factories in

which the humidity of the air is artificially increased, the State

Government may make rules,-

(a) prescribing standards of humidification;

(b) regulating the methods used for artificially increasing

the humidity of the air;

of the air to be correctly carried out and recorded;

(d) prescribing methods to be adopted for securing adequate

ventilation and cooling of the air in the workrooms.

(2) In any factory in which the humidity of the air is

artificially increased, the water used for the purpose shall be taken

from a public supply, or other source of drinking water, or shall be

effectively purified before it is so used.

(3) If it appears to an Inspector that the water used in a

factory for increasing humidity is required to be effectively purified

under sub-section (2) is not effectively purified he may serve on the

manager of the factory an order in writing, specifying the measures

which in his opinion should be adopted, and requiring them to be

carried out before specified date.

16.

Overcrowding.

16. Overcrowding. (1) No room in any factory shall be overcrowded

to an extent injurious to the health of the workers employed therein.

(2) Without prejudice to the generality of sub-section (1), there

shall be in every workroom of factory in existence on the date of the

commencement of this Act at least 1*[9.9 cubic metres]

----------------------------------------------------------------------

1. Subs. by Act 20 of 1987, s. 7 (w.e.f. 1-12-1987).

and of a factory built after the commencement of this Act at

least 1*[14.2 cubic meters] of space for every worker employed

therein, and for the purposes of this sub-section no account shall be

taken of any space which is more than 1*[4.2 meters] above the level

of the floor of the room.

(3) If the Chief Inspector by order in writing so requires, there

shall be posted in each workroom of a factory a notice specifying the

maximum number of workers who may, in compliance with the provisions

of this section, be employed in the room.

(4) The chief Inspector may by order in writing exempt, subject

to such conditions, if any, as he may think fit to impose, any

workroom from the provisions of this section, if he is satisfied that

compliance therewith in respect of the rooms is unnecessary in the

interest of the health of the workers employed therein.

17.

Lighting.

Lighting. (1) In every part of a factory where workers are

working or passing there shall be provided and maintained sufficient

and suitable lighting, natural or artificial, or both.

(2) In every factory all glazed windows and skylights used for

the lighting of the workrooms shall be kept clean on both the inner an

outer surfaces and, so far as compliance with the provisions of any

rules made under sub-section (3) of section 13 will allow, free from

obstruction.

(3) In every factory effective provision shall, so far as is

practicable, be made for the prevention of-

(a) glare, either directly from a source of light or by

reflection from a smooth or polished surface;

(b) the formation of shadows to such an extent as to cause

eye-strain or the risk of accident to any worker.

(4) The State Government may prescribe standards of sufficient

and suitable lighting for factories or for any class of description of

factories or for any manufacturing process.

18.

Drinking water.

18. Drinking water. (1) In every factory effective arrangements

shall be made to provide and maintain at suitable points conveniently

situated for all workers employed therein a sufficient supply of

wholesome drinking water.

(2) All such points shall be legibly marked "drinking water" in a

language understood by majority of the workers employed in the

----------------------------------------------------------------------

1. Subs. by Act 20 of 1987, s. 7 (w.e.f. 1-12-1987).

factory, and no such point shall be situated within 1*[six meters of

any washing place, urinal, latrine, spittoon, open drain carrying

sullage or effluent or any other source of contamination] unless a

shorter distance is approved in writing by the Chief Inspector.

(3) In every factory wherein more than two hundred and fifty

workers are ordinarily employed, provision shall be made for cooling

drinking water during hot weather by effective means and for

distribution thereof.

(4) In respect of all factories or any class or description of

factories the State Government may make rules for securing compliance

with the provisions of sub-sections (1), (2) and (3) and for the

examination by prescribed authorities of the supply and distribution

of drinking water in factories.

19.

Latrines and urinals.

19. Latrines and urinals. (1) In every factory--

(a) sufficient latrine and urinal accommodation of

prescribed types shall be provided conveniently

situated and accessible to workers at all times while

they at the factory;

(b) separate enclosed accommodation shall be provided for

male and female workers;

ventilated, and no latrine or urinal shall, unless

specially exempted in writing by the Chief Inspector,

communicate with any workroom except through an

intervening open space or ventilated passage;

(d) all such accommodation shall be maintained in a clean

and sanitary condition at all times;

(e) sweepers shall be employed whose primary duty it would

be to keep clean latrines, urinals and washing places.

(2) In every factory wherein more than two hundred and fifty

workers are ordinarily employed-

(a) all latrine and urinal accommodation shall be of

prescribed sanitary types;

(b) the floors and internal walls, up to a height of 2*

[ninety continents] of the latrines and urinals and the

sanitary blocks shall be laid in glazed tiles or

otherwise finished to provided a smooth polished

impervious surface;

----------------------------------------------------------------------

1. Subs. by Act 20 of 1987, s. 8 (w.e.f. 1-12-1987).

2. Subs. by s. 9 ibid. (w.e.f. 1-12-1987).

(e) of sub-section (1), the floors, portions of the

walls and blocks so laid or finished and the sanitary

pans of latrines and urinals shall be thoroughly washed

and cleaned at least once in every seven days with

suitable detergents or disinfectants or with both.

(3) The State Government may prescribe the number of latrines and

urinals to be provided in any factory in proportion to the numbers of

male and female workers ordinarily employed therein, and provide for

such further matters in respect of sanitation in factories, including

the obligation of workers in this regard, as it considers necessary in

the interest of the health of the workers employed therein.

20.

Spittoons.

20. Spittoons. (1) In every factory there shall be provided a

sufficient number of spittoons in convenient places and they shall be

maintained in a clean and hygienic condition.

(2) The State Government may make rules prescribing the type and

the number of spittoons to be provided and their location in any

factory and provide for such further matters relating to their

maintenance in a clean and hygienic condition.

(3) No person shall spit within the premises of a factory except

in the spittoons provided for the purposes and a notice containing

this provision and the penalty for its violation shall be prominently

displayed at suitable places in the premises.

(4) Whoever spits in contravention of sub-section (3) shall be

punishable with fine not exceeding five rupees.

CHAPTER IV

SAFETY

21.

Fencing of machinery.

21. Fencing of machinery. (1) In every factory the following,

namely,--

(i) every moving part of a prime mover and every flywheel

connected to a prime mover whether the prime mover or

flywheel is in the engine house or not;

(ii) the headrace and tailrace of every water-wheel and

water turbine;

(iii)any part of a stock-bar which projects beyond the head

stock of a lathe; and

(iv) unless they are in such position or of such

construction as to be safe to every person employed in

the factory as they would be if they were securely

fenced, the following, namely,--

(a) every part of an electric generator, a

motor or rotary convertor;

(b) every part of transmission machinery; and

machinery,

shall be securely fenced by safeguards of substantial construction

which 1*[shall be constantly maintained and kept in position] while

the parts of machinery they are fencing are in motion or in use:

2*[Provided that for the purpose of determining whether any part

of machinery is in such position or is of such construction as to be

safe as aforesaid, account shall not be taken of any occasion when-

(i) it is necessary to make an examination of any part of

the machinery aforesaid while it is in motion or, as a

result of such examination, to carry out lubrication or

other adjusting operation while the machinery is in

motion, being an examination or operation which it is

necessary to be carried out while that part of the

machinery is in motion, or

(ii) in the case of any part of a transmission machinery

used in such process as may be prescribed (being a

process of a continuous nature the carrying on of which

shall be, or is likely to be, substantially interfered

with by the stoppage of that part of the machinery), it

is necessary to make an examination of such part of the

machinery while it is in motion or, as a result or such

examination, to carry out any mounting or shipping of

belts or lubrication or other adjusting operation while

the machinery is in motion,

and such examination or operation is made or carried out in accordance

with the provisions of sub-section (1) of section 22.]

(2) The State Government may be rules prescribe such further

precautions as it may consider necessary in respect of any particular

----------------------------------------------------------------------

1. Subs. by Act 94 of 1976, s. 10 for certain words (w.e.f. 26-10-

1976).

2. Subs. by s. 10 ibid., for the proviso (w.e.f. 26-10-1976).

machinery or part thereof, or exempt, subject to such condition as may

be prescribed, for securing the safety of the workers, any particular

machinery or part thereof from the provisions of this section.

22.

Work on or near machinery in motion.

22. Work on or near machinery in motion. (1) 1*[Where in any

factory it becomes necessary to examine any part of machinery referred

to in section 21, while the machinery is in motion, or, as a result of

such examination, to carry out-

(a) in a case referred to in clause (i) of the proviso to

sub-section (1) of section 21, lubrication or other

adjusting operation; or

(b) in a case referred to in clause (ii) of the proviso

aforesaid, any mounting or shipping of belts or

lubrication or other adjusting operation,

while the machinery is in motion, such examination or operation shall

be made or carried out only by a specially trained adult male worker

wearing tight fitting clothing (which shall be supplied by the

occupier) whose name has been recorded in the register prescribed in

this behalf and who has been furnished with a certificate of his

appointment, and while he is so engaged,--

(a) such worker shall not handle a belt at a moving pulley

unless20

(i) the belt is not more than fifteen

centimeters in width;

(ii) the pulley is normally for the purpose

of drive and not merely a fly-wheel or balance

wheel (in which case a belt is not permissible);

(iii) the belt joint is either laced or flush

with the belt;

(iv) the belt, including the joint and the

pulley rim, are in good repair;

(v) there is reasonable clearance between the

pulley and any fixed plant or structure;

(vi) secure foothold and, where necessary,

secure handhold, are provided for the operator;

and

----------------------------------------------------------------------

1. Subs. by Act 94 of 1976, s. 11, for the opening paragraph and

clause (a) (w.e.f. 26-10-1976).

(vii) any ladder in use for carrying out any

examination or operation aforesaid is securely

fixed or lashed or is firmly held by a second

person;]

(b) without prejudice to any other provision of this Act

relating to the fencing of machinery, every set screw,

bolt and key on any revolving shaft, spindle, wheel or

pinion, and all spur, worm and other toothed or

friction gearing in motion with which such worker would

otherwise be liable to come into contact, shall be

securely fenced to prevent such contact.

1*[(2) No woman or young person shall be allowed to clean,

lubricate or adjust any part of a prime mover or of any transmission

machinery while the prime mover or transmission machinery is in

motion, or to clean, lubricate or adjust any part of any machine if

the cleaning, lubrication or adjustment thereof would expose the woman

or young person to risk of injury from any moving part either of that

machine or of any adjacent machinery.]

(3) The State Government may, by notification in the Official

Gazette, prohibit, in any specified factory or class or description of

factories, the cleaning, lubricating or adjusting by any person of

specified parts of machinery when those parts are in motion.

23.

Employment of young persons on dangerous machines.

23. Employment of young persons on dangerous machines. (1) No

young person [shall be required or allowed to work] 2* at any machine

to which this section applies, unless he has been fully instructed as

to the dangers arising in connection with the machine and the

precautions to be observed and-

(a) has received sufficient training in work at the

machine, or

(b) is under adequate supervision by a person who has a

through knowledge and experience of the machine.

(2) sub-section (1) shall apply to such machines as may be

prescribed by the State Government, being machines which in its

opinion are of such a dangerous character that young person ought not

to work at them unless the foregoing requirements are complied with.

----------------------------------------------------------------------

1. Subs. by Act 25 of 1954. s. 6.

2. Subs. by Act 20 of 1987, s. 10 (w.e.f. 1-12-1987).

24.

Striking gear and devices for cutting off power.

24. Striking gear and devices for cutting off power. (1) In every

factory-

(a) suitable striking gear or other efficient mechanical

appliance shall be provided and maintained and used to

move driving belts to and from fast and loose pulleys

which form part of the transmission machinery, and such

gear or appliances shall be so constructed, placed and

maintained as to prevent the belt from creeping back on

to the fast pulley;

(b) driving belts when not in use shall not be allowed to

rest or ride upon shafting in motion.

(2) In every factory suitable devices for cutting off power in

emergencies from running machinery shall be provided and maintained in

every work-room:

Provided that in respect of factories in operation before the

commencement of this Act, the provisions of this sub-section shall

apply only to work-rooms in which electricity is used as power.

1*[(3) When a device, which can inadvertently shift from "off" to

"on" position, is provided in a factory to cut off power, arrangements

shall be provided for locking the device in safe position to prevent

accidental starting of the transmission machinery or other machines to

which the device is fitted.]

25.

Self-acting machines.

25. Self-acting machines. No traversing part of a self-acting

machine in any factory and no material carried thereon shall, if the

space over which it runs is a space over which any person is liable to

pass, whether in the course of his employment or otherwise, be allowed

to run on its outward or inward traverse within a distance of

2*[forty-five centimeters] from any fixed structure which is not part

of the machine:

Provided that the Chief Inspector may permit the continued use of

a machine installed before the commencement of this Act which does not

comply with the requirements of this section on such conditions for

ensuring safety as he may think fit to impose.

26.

Casing of new machinery.

26. Casing of new machinery. (1) In all machinery driven by power

and installed in any factory after the commencement of this Act,-

(a) every set screw, bolt or key on any revolving shaft,

spindle, wheel or pinion shall be so sunk, encased or

otherwise effectively guarded as to prevent danger;

----------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 12 (w.e.f. 26-10-1976).

2. Subs. by Act 20 of 1987, s. 11 (w.e.f. 1-12-1987).

50A

(b) all spur, worm and other toothed or friction gearing

which does not require frequent adjustment while in

motion shall be completely encased, unless it is so

situated as to be as safe as it would be if it were

completely encased.

(2) Whoever sells or lets on hire or, as agent of a seller or

hirer, causes or procures to be sold or let on hire, for use in a

factory any machinery driven by power which does not comply with the

provisions of 1*[sub-section (1) or any rules made under sub-section

(3)], shall be punishable with imprisonment for a term which may

extend to three months or with fine which may extend to five hundred

rupees or with both.

2*[(3) The State Government may make rules specifying further

safeguards to be provided in respect of any other dangerous part of

any particular machine or class or description of machines.]

27.

Prohibition of employment of women and children near cotton-openers.

27. Prohibition of employment of women and children near cottonopeners.

No woman or child shall be employed in any part of a factory

for pressing cotton in which a cotton-opener is at work:

Provided that if the feed-end of a cotton-opener is in a room

separated from the delivery end by a partition extending to the roof

or to such height as the Inspector may in any particular case specify

in writing, women and children may be employed on the side of the

partition where the feed-end is situated.

28.

Hoists and lifts.

28. Hoists and lifts. (1) In every factory-

(a) every hoist and lift shall be--

(i) of good mechanical construction, sound

material and adequate strength:

(ii) properly maintained, and shall be

thoroughly examined by a competent person at least

once in every period of six months, and a register

shall be kept containing the prescribed

particulars of every such examination;

(b) every hoistway and liftway shall be sufficiently

protected by an enclosure fitted with gates, and the

hoist or lift and every such enclosure shall be so

constructed as to

---------------------------------------------------------------------

1. Subs. by Act 25 of 1954, s. 7, for "sub-section (1)".

2. Subs. by s. 7, ibid.

50B

prevent any person or thing from being trapped between

any part of the hoist or lift and any fixed structure

or moving part;

on every hoist or lift, and no load greater than such

load shall be carried thereon;

(d) the cage of every hoist or lift used for carrying

persons shall be fitted with a gate on each side from

which access is afforded to a landing;

(e) every gate referred to in clause (b) or clause (d)

shall be fitted with interlocking or other efficient

device to secure

that the gate cannot be opened except when the cage is

at the landing and that the cage cannot be moved unless

the gate is closed.

(2) The following additional requirements shall apply to hoists

and lifts used for carrying persons and installed or reconstructed in

a factory after the commencement of this Act, namely:-

(a) where the cage is supported by rope or chain, there

shall be at least two ropes or chains separately

connected with the cage and balance weight, and each

rope or chain with its attachments shall be capable of

carrying the whole weight of the cage together with its

maximum load;

(b) efficient devices shall be provided and maintained

capable of supporting the cage together with its

maximum load in the event of breakage of the ropes,

chains or attachments;

maintained to prevent the cage from over-running.

(3) The Chief Inspector may permit the continued use of a hoist

or lift installed in a factory before the commencement of this Act

which does not fully comply with the provisions of sub-section (1)

upon such conditions for ensuring safety as he may think fit to

impose.

(4) The State Government may, if in respect of any class or

description of hoist or lift, it is of opinion that it would be

unreasonable to enforce any requirement of sub-sections (1) and (2),

by order direct that such requirement shall not apply to such class or

description of hoist or lift.

1*[Explanation.--For the purposes of this section, no lifting

machine or appliance shall be deemed to be a hoist or lift unless it

has a platform or cage, the direction or movement of which is

restricted by a guide or guides.]

29.

Lifting machines, chains, ropes and lifting tackles.

2*[29. Lifting machines, chains, ropes and lifting tackles. (1)

In any factory the following provisions shall be complied with in

respect of every lifting machine (other than a hoist and lift) and

every chain, rope and lifting tackle for the purpose of raising or

lowering persons, goods or materials:-

(a) all parts, including the working gear, whether fixed or

movable, of every lifting machine and every chain, rope

or lifting tackle shall be--

(i) of good construction, sound material and

adequate strength and free from defects;

(ii) properly maintained; and

---------------------------------------------------------------------

1. Ins. by Act 20 of 1987, s. 12 (w.e.f. 1.12.1987)

2. Subs. by Act 25 of 1954, s. 8.

(iii) thoroughly examined by a competent

person at least once in every period of twelve

months, or at such intervals as the Chief

Inspector may specify in writing; and a register

shall be kept containing the prescribed

particulars of every such examination;

(b) no lifting machine and no chain, rope or lifting tackle

shall, except for the purpose of test, be loaded beyond

the safe working load which shall be plainly marked

thereon together with an identification mark and duly

entered in the prescribed register; and where this is

not practicable, a table showing the safe working loads

of every kind and size of lifting machine or chain,

rope or lifting tackle in use shall be displayed in

prominent positions on the premises;

wheel track of a travelling crane in any place where he

would be liable to be struck by the crane, effective

measures shall be taken to ensure that the crane does

not approach within 1*[six months] of that place.

(2) The State Government may make rules in respect of any lifting

machine or any chain, rope or lifting tackle used in factories-

(a) prescribing further requirements to be complied with in

addition to those set out in this section;

(b) providing for exemption from compliance with all or any

of the requirements of this section, where in its

opinion, such compliance is unnecessary or

impracticable.

(3) For the purposes of this section a lifting machine or a

chain, rope or lifting tackle shall be deemed to have been thoroughly

examined if a visual examination supplemented, if necessary, by other

means and by the dismantling of parts of the gear, has been carried

out as carefully as the conditions permit in order to arrive at a

reliable conclusion as to the safety of the parts examined.

Explanation.--In this section,--

(a) "lifting machine" means a crane, crab, which teagle

pulley block, gin wheel, transporter or runway;

1*[(b) "lifting tackle" means any chain sling, rope sling,

hook, shackle, swivel, coupling, socket, clamp, tray or

similar appliance, whether fixed or movable, used in

connection with the raising or lowering of persons, or

loads by use of lifting machines."]

30.

Revolving machinery.

30. Revolving machinery. (1) 2*[In every factory] in which the

process of grinding is carried on there shall be permanently affixed

to or placed near each

---------------------------------------------------------------------

1. Ins. by At 20 of 1987, s 13 (w.e.f. 1.12.1987).

2. Subs. by s. 14, ibid (w.e.f. 1.12.1987).

machine in use a notice indicating the maximum safe working peripheral

speed of every grindstone or abrasive wheel, the speed of the shaft or

spindle upon which the wheel is mounted, and the diameter of the

pulley upon such shaft or spindle necessary to secure such safe

working peripheral speed.

(2) The speeds indicated in notices under sub-section (1) shall

not be exceeded.

(3) Effective measures shall be taken in every factory to ensure

that the safe working peripheral speed of every revolving vessel,

cage, basket, flywheel, pulley, disc or similar appliance driven by

power is not exceeded.

Pressure plant.

31 Presssure plant. 1*[(1) If in any factory, any plant or

machinery or any part thereof is operated at a pressure above

atmospheric pressure, effective measures shall be taken to ensure that

the safe working pressure of such plant or machinery or part is not

exceeded.]

(2) The State Government may make rules providing for the

examination and testing of any plant or machinery such as is referred

to in sub-section (1) and prescribing such other safety measures in

relation thereto as may in its opinion be necessary in any factory or

class or description of factories.

2*[(3) The State Government may, by rules, exempt, subject to

such conditions as may be specified therein, any part of any plant or

machinery referred to in sub-section (1) from the provisions of this

section.]

32.

Floors, stairs and means of access.

32. Floors, stairs and means of access. In every factory--

(a) all floors, steps, stairs, passages and gangways shall

be of sound construction and properly maintained 3*[and

shall be kept free from obstructions and substances

likely to cause persons to slip], and where it is

necessary to ensure safety, steps, stairs, passages and

gangways shall be provided with substantial handrails;

(b) there shall, so far as is reasonably practicable, be

provided and maintained safe means of access to every

place at which any person is at any time required to

work;

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1. Subs. by Act 20 of 1987, s. 15 (w.e.f. 1.12.1987).

2. Ins. by Act 94 of 1976, s. 13 (w.e.f. 26-10-1976).

3. Ins. by s. 14, ibid. (w.e.f. 26-10-1976).

1*[(c) when any person has to work at a height from where

he is likely to fall, provision shall be made, so far

as is reasonably practicable, by fencing or otherwise,

to ensure the safety of the person so working.]

33.

Pits, sumps, openings in floors, etc.

33. Pits, sumps, openings in floors, etc. (1) In every factory

every fixed vessel, sump, tank, pit or opening in the ground or in a

floor which, by reason of its depth, situation, construction or

contents, is or may be a source of danger, shall be either securely

covered or securely fenced.

(2) The State Government may, by order in writing, exempt,

subject to such conditions as may be prescribed, any factory or class

or description of factories in respect of any vessel, sump, tank, pit

or opening from compliance with the provisions of this section.

34.

Excessive weights.

34. Excessive weights. (1) No person shall be employed in any

factory to lift, carry or move any load so heavy as to be likely to

cause him injury.

(2) The State Government may make rules prescribing the maximum

weights which may be lifted, carried or moved by adult men, adult

women, adolescents and children employed in factories or in any class

or description of factories or in carrying on any specified process.

35.

Protection of eyes.

35. Protection of eyes. In respect of any such manufacturing

process carried on in any factory as may be prescribed, being a

process which involves--

(a) risk of injury to the eyes from particles or fragments

thrown off in the course of the process, or

(b) risk to the eyes by reason of exposure to excessive

light,

the State Government may by rules require that effective screens or

suitable goggles shall be provided for the protection of persons

employed on, or in the immediate vicinity of, the process.

36.

Precautions against dangerous fumes, gases, etc.

2*[36. Precautions against dangerous fumes, gases, etc. (1) No

person shall be required or allowed to enter any chamber, tank, vat,

pit, pipe, flue or other confined space in any factory in which any

gas, fume, vapour or dust is likely to be present to such an extent as

to involve risk to persons being overcome thereby, unless it is

provided with a manhole of adequate size or other effective means of

egress.

(2) No person shall be required or allowed to enter any confined

space as is referred to in sub-section (1), until all practicable

measures have been taken to remove any gas, fume, vapour or dust,

which may be present so as to bring its level within the permissible

limits and to prevent any ingress of such gas, fume, vapour or dust

and unless-

(a) a certificate in writing has been given by a competent

person, based on a test carried out by himself that the

space is reasonably free from dangerous gas, fume,

vapour or dust; or

(b) such person is wearing suitable breathing apparatus and

a belt securely attached to a rope the free end of

which is held by a person outside the confined space."]

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1. Subs. by Act 20 of 1987, s. 16 (w.e.f. 1.12.1987).

2. Subs. by s. 17, ibid. (w.e.f. 1.12.1987).

36A.

Precautions regarding the use of portable electric light.

1*[36A. Precautions regarding the use of portable electric light.

In any factory--

(a) no portable electric light or any other electric

appliance of voltage exceeding twenty-four volts shall

be permitted for use inside any chamber, tank, vat,

pit, pipe, flue or other confined space; 2*[ unless

adequate safety devices are provided] and

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1. Ins. by Act 94 of 1976 s. 16, (w.e.f. 26-10-1976).

2. Ins. by Act 20 of 1987, s. 18 (w.e.f. 1.12.1987).

(b) if any inflammable gas, fume or dust is likely to be

present in such chamber, tank, vat, pit, pipe, flue or

other confined space, no lamp or light other than that

of flame-proof construction shall be permitted to be

used therein.]

37.

Explosive or inflammable dust, gas, etc.

37. Explosive or inflammable dust, gas, etc. (1) Where in any

factory any manufacturing process produces dust, gas, fume or vapour

of such character and to such extent as to be likely to explode on

ignition, all practicable measures shall be taken to prevent any such

explosion by--

(a) effective enclosure of the plant or machinery used in

the process;

(b) removal or prevention of the accumulation of such dust,

gas, fume or vapour;

sources of ignition.

(2) Where in any factory the plant or machinery used in a process

such as is referred to in sub-section (1) is not so constructed as to

withstand the probable pressure which such an explosion as aforesaid

would produce, all practicable measures shall be taken to restrict the

spread and effects of the explosion by the provision in the plant or

machinery of chokes, baffles, vents or other effective appliances.

(3) Where any part of the plant or machinery in a factory

contains any explosive or inflammable gas or vapour under pressure

greater than atmospheric pressure, that part shall not be opened

except in accordance with the following provisions, namely:--

(a) before the fastening of any joint of any pipe connected

with the part or the fastening of the cover of any

opening into the part is the cover of any opening into

the part is loosened, any flow of the gas or vapour

into the part of any such pipe shall be effectively

stopped by a stop-valve or other means;

(b) before any such fastening as aforesaid is removed, all

practicable measures shall be taken to reduce the

pressure of the gas or vapour in the part of pipe to

atmospheric pressure;

or removed effective measures shall be taken to prevent

any explosive or inflammable gas or vapour from

entering the part or pipe until the fastening has been

secured, or, as the case may be, securely replaced:

Provided that the provisions of this sub-section shall not apply

in the case of plant or machinery installed in the open air.

(4) No plant, tank or vessel which contains or has contained any

explosive or inflammable substance shall be subjected in any factory

to any welding, brazing, soldering or cutting operation which involves

the application of heat unless adequate measures have first been taken

to remove such substance and any fumes arising therefrom or to render

such substance and fumes non-explosive or non-inflammable, and no such

substance shall be allowed to enter such plant, tank or vessel after

any such operation until the metal has cooled sufficiently to prevent

any risk of igniting the substance.

(5) The State Government may by rules exempt, subject to such

conditions as may be prescribed, any factory or class or description

of factories from compliance with all or any of the provisions of this

section.

38.

Prescautions in case of fire.

1*[38. Precautions in case of fire. (1) In every factory, all

practicable measures shall be taken to prevent outbreak of fire and

its spread, both internally and externally, and to provide and

maintain--

(a) safe means of escape for all persons in the event of a

fire, and

(b) the necessary equipment and facilities for

extinguishing fire.

(2) Effective measures shall be taken to ensure that in every

factory all the workers are familiar with the means of escape in case

of fire and have been adequately trained in the routine to be followed

in such cases.

(3) The State Government may make rules, in respect of any

factory or class or description of factories, requiring the measures

to be adopted to give effect to the provisions of sub-sections (1) and

(2).

(4) Notwithstanding anything contained in clause (a) of subsection

(1) or sub-section (2), if the Chief Inspector, having regard

to the nature of the work carried on in any factory, the construction

of such factory, special risk to life or safety, or any other

circumstances, is of the opinion that the measures provided in the

factory, whether as prescribed or not, for the purposes of clause (a)

of sub-section (1) or sub-section (2), are inadequate, he may, by

order in writing, require that such additional measures as he may

consider reasonable and necessary, be provided in the factory before

such date as it specified in the order.]

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1. Subs. by Act 20 of 1987, s. 19 (w.e.f. 1-12-1987).

39.

Power to require specifications of defective parts or tests

ofstability.

39. Power to require specifications of defective parts or tests

of stability. If it appears to the Inspector that any building or part

of a building or any part of the ways, machinery or plant in a factory

is in such a condition that it may be dangerous to human life or

safety, he may serve on 1*[the occupier or manager or both] of the

factory an order in writing requiring him before a specified date--

(a) to furnish such drawings, specifications and other

particulars as may be necessary to determine whether

such building, ways, machinery or plant can be used

with safety, or

(b) to carry out such tests in such manner as may be

specified in the order, and to inform the Inspector of

the results thereof.

40.

Safety of buildings and machinery.

40. Safety of buildings and machinery. (1) If it appears to the

Inspector that any building or part of a building or any part of the

ways, machinery or plant in a factory is in such a condition that it

is dangerous to human life or safety, he may serve on 1*[the occupier

or manager or both] of the factory an order in writing specifying the

measures which in his opinion should be adopted, and requiring them to

be carried out before a specified date.

(2) If it appears to the Inspector that the use of any building

or part of a building or any part of the ways, machinery or plant in a

factory involves imminent danger to human life or safety, he may serve

on 1*[the occupier or manager or both] of the factory an order in

writing prohibiting its use until it has been properly repaired or

altered.

40A.

Maintenance of buildings.

2*[40A. Maintenance of buildings. If it appears to the Inspector

that any building or part of a building in a factory is in such a

state of disrepair as is likely to lead to conditions detrimental to

the health and welfare of the workers, he may serve on the occupier or

manager or both of the factory an order in writing specifying the

measures which in his opinion should be taken and requiring the same

to be carried out before such date as is specified in the order.

40B.

Safety Officers.

40B. Safety Officers. (1) In every factory,--

(i) wherein one thousand or more workers are ordinarily

employed, or

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1. Subs. by Act 94 of 1976, s. 18, for "the manager" (w.e.f. 26-10-

1976).

2. Ins. by s. 19, ibid. (w.e.f. 26-10-1976).

(ii) wherein, in the opinion of the State Government, any

manufacturing process or operation is carried on, which

process or operation involves any risk of bodily

injury, poisoning or disease, or any other hazard to

health, to the persons employed in the factory,

the occupier shall, if so required by the State Government by

notification in the Official Gazette, employ such number of Safety

Officers as may be specified in that notification.

(2) The duties, qualifications and conditions of service of

Safety Officers shall be such as may be prescribed by the State

Government.]

41.

Power to make rules to supplement this Chapter

41. Power to make rules to supplement this Chapter. The State

Government may make rules requiring the provision in any factory or in

any class or description of factories of such further 1*[devices and

measures] for securing the safety of persons employed therein as it

may deem necessary.

Department of Vocational Courses , A.S.College, Deoghar

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Sunday, May 5, 2013

THE FACTORIES ACT, 1948 part-1