CHAPTER IX
SPECIAL PROVISIONS
85.
Power to apply the Act to
certain premises.
85. Power to apply the Act to
certain premises. (1) The State
Government may, by notification
in the Official Gazette, declare that
all or any of the provisions
of this Act shall apply to any place
wherein a manufacturing
process is carried on with
---------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s.
34 (w.e.f. 26-10-1976).
80
or without the aid of power or
is so ordinarily carried on,
notwithstanding that--
(i) the number of persons
employed therein is less than
ten, if working with the aid
of power and less than
twenty if working without the
aid of power, or
(ii) the persons working
therein are not employed by the
owner thereof but are working
with the permission of,
or under agreement with, such
owner:
56
Provided that the
manufacturing process is not being carried on
by the owner only with the aid
of his family.
(2) After a place is so
declared, it shall be deemed to be a
factory for the purposes of
this Act, and the owner shall be deemed to
be the occupier, and any
person working therein, a worker.
Explanation.--For the purposes
of this section, "owner" shall
include a lessee or mortgagee
with possession of the premises.
86.
Power to exempt public
institutions.
86. Power to exempt public
institutions. The State Government may
exempt, subject to such
conditions as it may consider necessary, any
workshop or workplace where a
manufacturing process is carried on and
which is attached to a public
institution maintained for the purposes
of education, 1*[training,
research] or reformation, from all or any
of the provisions of this Act:
Provided that no exemption
shall be granted from the provisions
relating to hours of work and
holidays, unless the persons having the
control of the institution
submit, for the approval of the State
Government, a scheme for the
regulation of the hours of employment,
intervals for meals, and
holidays of the persons employed in or
attending the institution or
who are inmates of the institution, and
the State Government is
satisfied that the provisions of the scheme
are not less favourable than
the corresponding provisions of this Act.
87.
Dangerous operations.
87. Dangerous operations.
Where the State Government is of
opinion that any
2*[manufacturing process or operation] carried on is
a factory exposes any persons
employed in it to a serious risk of
bodily injury, poisoning or
---------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s.
35, for "training" (w.e.f. 26-10-
1976).
2. Subs. by s. 36, ibid., for
"operation" (w.e.f. 26-10-1976).
81
disease, it may make rules
applicable to any factory or class or
description of factories in
which the 1*[manufacturing process or
operation] is carried on--
(a) specifying the
1*[manufacturing process or operation]
and declaring it to be
dangerous;
(b) prohibiting or restricting
the employment of women,
adolescents or children in the
1*[manufacturing process
or operation];
(c) providing for the
periodical medical examination of
persons employed, or seeking
to be employed, in the
1*[manufacturing process or
operation], and prohibiting
the employment of persons not
certified as fit for such
employment 2*[and requiring
the payment by the occupier
of the factory of fees for
such medical examination];
(d) providing for the
protection of all persons employed in
the 1*[manufacturing process
or operation] or in the
vicinity of the places where
it is carried on;
(e) prohibiting, restricting
or controlling the use of any
57
specified materials or
processes in connection with the
1*[manufacturing process or
operation];
2*[(f) requiring the provision
of additional welfare
amenities and sanitary
facilities and the supply of
protective equipment and
clothing, and laying down the
standards thereof, having
regard to the dangerous
nature of the manufacturing
process or operation;
3* * * * *
87A.
Power to prohibit employment
on account of serious hazard.
4*[87A. Power to prohibit
employment on account of serious
hazard. (1) Where it appears
to the Inspector that conditions in a
factory or part thereof are
such the they may cause serious hazard by
way of injury or death to the
persons employed therein or to the
general public in the
vicinity, he may, by order in writing to the
occupier of the factory, state
the particulars in respect of which he
considers the factory or part
thereof to be the cause of such serious
hazard and prohibit such
occupier from employing any person in the
factory or any part thereof
other than the minimum number of persons
necessary to attend to the
minimum tasks till the hazard is removed.
(2) Any order issued by the
Inspector under sub-section (1) shall
have effect for a period of
three days until extended by the Chief
Inspector by a subsequent
order.
(3) Any person aggrieved by an
order of the Inspector under subsection
(1), and the Chief Inspector
under sub-section (2), shall have
the right to appeal to the
High Court.
(4) Any person whose
employment has been affected by an order
issued under sub-section (1),
shall be entitled to wages and other
benefits and it shall be the
duty of the occupier to provide
alternative employment to him
wherever possible and in the manner
prescribed.
(5) The provisions of
sub-section (4) shall be without prejudice
to the rights of the parties
under the Industrial Disputes Act,
1947 (14 of 1947).
88.
Notice of certain accidents.
88. Notice of certain
accidents. 5*[(1)] Where in any factory an
accident occurs which causes
death, or which causes any bodily injury
by reason of which the
---------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s.
36, "operation" (w.e.f. 26-10-1976).
2. Ins. by s. 36, ibid.
(w.e.f. 26-10-1976).
3. Omitted by Act 20 of 1987,
s. 25 (w.e.f. 1-12-1987).
4. Ins. by s. 26, ibid.
(w.e.f. 1-12-1987).
5. S. 88 renumbered as
sub-section (1) of that section by Act
94 of 1976. s. 37, (w.e.f.
26-10-1976).
82
person injured is prevented
from working for a period of forty-eight
hours or more immediately
following the accident, or which is of such
nature as may be prescribed in
this behalf, the manager of the factory
shall send notice thereof to
such authorities, and in such form and
within such time, as may be
prescribed.
1*[(2) Where a notice given
under sub-section (1) relates to an
accident causing death, the
authority to whom the notice is sent shall
58
make an inquiry into the
occurrence within one month of the receipt of
the notice or, if such
authority is not the Inspector, cause the
Inspector to make an inquiry
within the said period.
(3) The State Government may
make rules for regulating the
procedure at inquiries under
this section.]
88A.
Notice of certain dangerous
occurrences.
2*[88A. Notice of certain
dangerous occurrences. Where in a
factory any dangerous
occurrence of such nature as may be prescribed
occurs, whether causing any
bodily injury or disability or not, the
manager of the factory shall
send notice thereof to such authorities,
and in such form and within
such time, as may be prescribed.]
89.
Notice of certain diseases.
89. Notice of certain
diseases. (1) Where any worker in a factory
contracts any disease
specified in 3*[the third Schedule], the manager
of the factory shall send
notice thereof to such authorities, and in
such form and within such
time, as may be prescribed.
(2) If any medical
practitioner attends on a person who is or has
been employed in a factory,
and who is or is believed by the medical
practitioner to be, suffering
from any disease specified in 3*[the
third Schedule], the medical
practitioner shall without delay send a
report in writing to the
office of the Chief Inspector stating--
(a) the name and full postal
address of the patient,
(b) the disease from which he
believes the patient to be
suffering, and
(c) the name and address of
the factory in which the
patient is, or was last,
employed.
(3) Where the report under
sub-seciton (2) is confirmed to the
satisfaction of the Chief
Inspector, by the certificate of a
certifying surgeon or
otherwise, that the person is suffering from a
disease specified in 3*[the
Third Schedule], he shall pay to the
medical practitioner
---------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s.
37 (w.e.f. 26-10-1976).
2. Ins. by s. 38, ibid.
(w.e.f. 26-10-1976).
3. Subs. by Act 20 of 1987, s.
27 (w.e.f. 1-12-1987).
83
such fee as may be prescribed,
and the fee so paid shall be
recoverable as an arrear of
land-revenue from the occupier of the
factory in which the person
contracted the disease.
(4) If any medical practitioner
fails to comply with the
provisions of sub-section (2),
he shall be punishable with fine which
may extend to 1*[one
thousand-rupees].
2*[(5) The Central Government
may, by notification in the
Official Gazette, add to or
alter the Third Schedule and any such
addition or alteration shall
have effect as if it had been made by
this Act.]
90.
Power to direct enquiry into
cases of accident or disease.
59
90. Power to direct enquiry
into cases of accident or disease.
(1) The State Government may,
if it considers it expedient so to do,
appoint a competent person to
inquire into the causes of any accident
occurring in a factory or into
any case where a disease specified in
2*[the Third Schedule] has
been, or is suspected to have been,
contracted in a factory, and
may also appoint one or more persons
possessing legal or special
knowledge to act as assessors in such
inquiry.
(2) The person appointed to
hold an inquiry under this section
shall have all the powers of a
Civil Court under the Code of Civil
Procedure, 1908 (5 of 1908),
for the purposes of enforcing the
attendance of witnesses and
compelling the production of documents and
material objects, and may
also, so far as may be necessary for the
purposes of the inquiry,
exercise any of the powers of an Inspector
under this Act; and every
person required by the person making the
inquiry to furnish any
information shall be deemed to be legally bound
so to do within the meaning of
section 176 of the Indian Penal Code
(45 of 1860).
(3) The person holding an
inquiry under this section shall make a
report to the State Government
stating the causes of the accident, or
as the case may be, disease,
and any attendant circumstances, and
adding any observations which
he or any of the assessors may think fit
to make.
(4) The State Government may,
if it thinks fit, cause to be
published any report made
under this section or any extracts
therefrom.
(5) The State Government may
make rules for regulating the
procedure at inquiries under
this section.
91.
Power to take samples.
91. Power to take samples. (1)
An Inspector may at any time
during the normal working
hours of a factory, after informing the
occupier or manager of the
factory or other person for the time being
purporting to be in charge of
the factory, take in the manner
hereinafter provided a
sufficient sample of any substance used or
intended to be used in the
factory, such use being--
(a) in the belief of the
Inspector in contravention of any
of
---------------------------------------------------------------------
1. Subs. and added by Act 20
of 1987, s. 27 (w.e.f. 1-12-1987).
2. Subs. by s. 28, ibid.
(w.e.f. 1-12-1987).
84
the provisions of this Act or
the rules made
thereunder, or
(b) in the opinion of the
Inspector likely to cause bodily
injury to, or injury to the
health or, workers in the
factory.
(2) Where the Inspector takes
a sample under sub-section (1), he
shall, in the presence of the
person informed under that sub-section
unless such person wilfully
absents himself, divide the sample into
three portions and effectively
seal and suitably mark them, and shall
permit such person to add his
own seal and mark thereto.
(3) The person informed as
aforesaid shall, if the Inspector so
requires, provide the
appliances for dividing, sealing and marking the
sample taken under this
section.
60
(4) The Inspector shall--
(a) forthwith give one portion
of the sample to the person
informed under sub-section
(1);
(b) forthwith send the second
portion to a Government
Analyst for analysis and
report thereon;
(c) retain the third portion
for production to the Court
before which proceedings, if
any, are instituted in
respect of the substance.
(5) Any document purporting to
be a report under the hand of any
Government Analyst upon any
substance submitted to him for analysis
and report under this section,
may be used as evidence in any
proceedings instituted in
respect of the substance.
91A.
Safety and occupational health
surveys.
1*[91A. Safety and occupational
health surveys. (1) The Chief
Inspector, or the Director
General of Factory Advice Service and
Labour Institutes, or the
Director General of Health Services, to the
Government of India, or such
other officer as may be authorised in
this behalf by the State
Government or the Chief Inspector or the
Director General of Factory
Advice Service and Labour Institutes or
the Director General of Health
Services may, at any time during the
normal working hours of a
factory, or at any other time as is found by
him to be necessary, after
giving notice in writing to the occupier or
manager of the factory or any
other person who for the time being
purports to be in charge of
the factory, undertake safety and
occupational health surveys
and such occupier or
---------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s.
39 (w.e.f. 26-10-1976).
85
manager or other person shall
afford all facilities for such survey,
including facilities for the
examination and testing of plant and
machinery and collection of
samples and other data relevant to the
survey.
(2) For the purpose of
facilitating surveys under sub-section (1)
every worker shall, if so
required by the person conducting the
survey, present himself to
undergo such medical examination as may be
considered necessary by such
person and furnish all information in his
possession and relevant to the
survey.
(3) Any time spent by a worker
for undergoing medical examination
or furnishing information
under sub-section (2) shall, for the purpose
of calculating wages and extra
wages for overtime work, be deemed to
be time during which such
worker worked in the factory.]
1*[Explanation.--For the
purposes of this section, the report, if
any, submitted to the State
Government by the person conducting the
survey under sub-section (1)
shall be deemed to be a report submitted
by an Inspector under this
Act.
CHAPTER X
PENALTIES AND PROCEDURE
92.
61
General penalty for offences.
92. General penalty for
offences. Save as is otherwise expressly
provided in this Act and
subject to the provisions of section 93, if
in, or in respect of, any
factory there is any contravention of any of
the provisions of this Act or of
any rules made thereunder or of any
order in writing given
thereunder, the occupier and manager of the
factory shall each be guilty
of an offence and punishable with
imprisonment for a term which
may extend to 2*[two years] or with fine
which may extend to 2*[one
lakh rupees] or with both, and if the
contravention is continued
after conviction, with a further fine which
may extend to 2*[one thousand
rupees] for each day on which the
contravention is so continued:
3*[Provided that where
contravention of any of the provisions of
Chapter IV or any rule made
thereunder section 87 has resulted in an
accident causing death or
serious bodily injury, the fine shall not be
less than 2*[twenty five
thousand] in the case of an accident causing
death, and 2*[five thousand
rupees] in the case of an accident causing
serious bodily injury.
Explanation.--In this section
and in section 94 "serious bodily
injury" means an injury
which involves, or in all probability will
---------------------------------------------------------------------
1. Ins. by Act 20 of 1987, s.
29 (w.e.f. 1-12-1987)
2. Subs. by s. 30, ibid.
(w.e.f. 1-12-1987).
3. Ins. by Act 94 of 1976 s.
40, (w.e.f. 26-10-1976).
86
involve, the permanent loss of
the use of, or permanent injury to, any
limb or the permanent loss of,
or injury to, sight or hearing, or the
fracture of any bone, but
shall not include, the fracture of bone or
joint (not being fracture of
more than one bone or joint) of any
phalanges of the hand or foot.]
93.
Liability of owner of premises
in certain circumstances.
1*[93. Liability of owner of
premises in certain circumstances.
(1) Where in any premises
separate buildings are leased to different
occupiers for use as separate
factories, the owner of the premises
shall be responsible for the
provision and maintenance of common
facilities and services, such
as approach roads, drainage, water
supply, lighting and
sanitation.
(2) The Chief Inspector shall
have, subject to the control of the
State Government, power to
issue orders to the owner of the premises
in respect of the carrying out
of the provisions of sub-section (1).
(3) Where in any premises,
independent or self-contained, floors
or flats are leased to
different occupiers for use as separate
factories, the owner of the
premises shall be liable as if he were the
occupier or manager of a
factory, for any contravention of the
provisions of this Act in
respect of--
(i) latrines, urinals and
washing facilities in so far as
the maintenance of the common
supply of water for these
purposes is concerned;
(ii) fencing of machinery and
plant belonging to the owner
and not specifically entrusted
to the custody or use of
an occupier;
(iii)safe means of access to
the floors or flats and
maintenance and cleanliness of
stair cases and common
62
passages;
(iv) precautions in case of
fire;
(v) maintenance of hoists and
lifts; and
(vi) maintenance of any other
common facilities provided in
the premises.
(4) The Chief Inspector shall
have, subject to the control of the
State Government, power to
issue orders to the owner of the premises
in respect of the carrying out
the provisions of sub-section (3).
---------------------------------------------------------------------
1. Subs. by Act 25 of 1954, s.
21.
87
(5) The provisions of
sub-section (3) relating to the liability
of the owner shall apply where
in any premises independent rooms with
common latrines, urinals and
washing facilities are leased to
different occupiers for use as
separate factories:
Provided that the owner shall
be responsible also for complying
with the requirements relating
to the provision and maintenance of
latrines, urinals and washing
facilities.
(6) The Chief Inspector shall
have, subject to the control of the
State Government, the power to
issue orders to the owner of the
premises referred to in
sub-section (5) in respect of the carrying out
of the provisions of section
46 or section 48.
(7) Where in any premises
portions of a room or a shed are leased
to different occupiers for use
as separate factories, the owner of the
premises shall be liable for
any contravention of the provisions of-
(i) Chapter III, except
sections 14 and 15;
(ii) Chapter IV, except
sections 22, 23, 27, 34, 35 and 36:
Provided that in respect of
the provisions of sections
21, 24 and 32 and owner's
liability shall be only in so
far as such provisions relate
to things under his
control:
Provided further that the
occupier shall be responsible
for complying with the
provisions of Chapter IV in
respect of plant and machinery
belonging to or supplied
by him;
(iii)section 42.
(8) The Chief Inspector shall
have, subject to the control of the
State Government, power to
issue orders to the owner of the premises
in respect of the carrying out
the provisions of sub-section (7).
(9) In respect of sub-sections
(5) and (7), while computing for
the purposes of any of the
provisions of this Act the total number of
workers employed, the whole of
the premises shall be deemed to be a
single factory.]
94.
Enhanced penalty after
previous conviction.
94. Enhanced penalty after
previous conviction. 1*[(1)] If any
person who has been convicted
of any offence punishable under section
92 is again guilty of an
offence involving a contravention of the same
provision, he shall be
punishable on a subsequent conviction with
imprisonment for a term which
may
---------------------------------------------------------------------
1. S. 94 renumbered as
sub-section (1) of that section by Act 94 of
63
1976, s. 41 (w.e.f.
26-10-1976).
88
extend to 1*[three years] or
with fine 2*[which shall not be less
than] 1*[ten thousand rupees]
but which may extend to 1*[two lakh
rupees] or with both:
3*[Provided that the court
may, for any adequate and special
reasons to be mentioned in the
judgment, impose a fine of less than
1*[ten thousand rupees].
Provided further that where
contravention of any of the
provisions of Chapter IV or
any rule made thereunder or under section
87 has resulted in an accident
causing death or serious bodily injury,
the fine shall not be less
than 1*[thirty five thousand rupees] in the
case of an accident causing
death and 1*[ten thousand rupees] in the
case of an accident causing
serious bodily injury.]
4*[(2)] For the purposes of
sub-section (1), no cognizance shall
be taken of any conviction
made more than two years before the
commission of the offence for
which the person is subsequently being
convicted.]
95.
Penalty for obstructing
Inspector.
95. Penalty for obstructing
Inspector. Whoever wilfully obstructs
an Inspector in the exercise
of any power conferred on him by or under
this Act, or fails to produce
on demand by an Inspector any registers
or other documents in his
custody kept in pursuance of this Act or of
any rules made thereunder, or
conceals or prevents any worker in a
factory from appearing before,
or being examined by, an Inspector,
shall be punishable with
imprisonment for a term which may extend to
5*[six months] or with fine
which may extend to 5*[ten thousand
rupees] or with both.
96.
Penalty for wrongfully
disclosing results of analysis under
section91.
96. Penalty for wrongfully
disclosing results of analysis under
section 91. Whoever, except in
so far as it may be necessary for the
purposes of a prosecution for
any offence punishable under this Act,
publishes or discloses to any
person the results of an analysis made
under section 91, shall be
punishable with imprisonment for a term
which may extend to 6*[six
months] or with fine which may extend to
6*[ten thousand rupees] or
with both.
96A.
Penalty for contravention of
the provisions of sections 41B, 41C
and41H.
7*[96A. Penalty for
contravention of the provisions of sections
41B, 41C and 41H. (1) Whoever
fails to comply with or contravenes any
of the provisions of sections
41B, 41C or 41H or the rules made
thereunder, shall, in respect
of such failure or contravention, be
punishable with imprisonment
for a term which may extend to seven
years and with fine which may
extend to two lakh rupees, and in case
the failure or contravention
continues, with additional fine which may
extend to five thousand rupees
for every day during which such failure
or contravention continues
after the conviction for the first such
failure or contravention.
64
(2) If the failure or
contravention referred to in sub-section
(1) continues beyond a period
of one year after the date of
conviction, the offender shall
be punishable with imprisonment for a
term which may extend to ten
years.
97.
Offences by workers.
97. Offences by workers. (1)
Subject to the provisions of section
111, if any worker employed in
a factory contravenes any provision of
this Act or any rules or
orders made thereunder, imposing any duty or
liability on workers, he shall
be punishable with fine which may
extend to 8*[five hundred
rupees].
---------------------------------------------------------------------
1. Subs. by Act 20 of 1987, s.
31 (w.e.f. 1-12-1987).
2. Subs. by Act 94 of 1976, s.
41, for certain words (w.e.f. 26-10-
1976).
3. Subs. by s. 41, ibid., for
the proviso (w.e.f. 26-10-1976).
4. Ins. by s. 41, ibid.(w.e.f.
26-10-1976).
5. Subs. by Act 20 of 1987 s.
32, (w.e.f. 1-12-1987).
6. Subs. by s. 33, ibid.
(w.e.f. 1-12-1987).
7. Ins. by s. 34, ibid.
(w.e.f. 1-12-1987).
8. Subs. s. 35, ibid. (w.e.f.
1-12-1987).
88A
(2) Where a worker is
convicted of an offence punishable under
sub-section (1), the occupier
or manager of the factory shall not be
deemed to be guilty of an
offence in respect of that contravention,
unless it is proved that he
failed to take all reasonable measures for
its prevention.
98.
Penalty for using false
certificate of fitness.
98. Penalty for using false
certificate of fitness. Whoever
knowingly uses or attempts to
use, as a certificate of fitness granted
to himself under section 70, a
certificate granted to another person
under that section, or who,
having procured such a certificate,
knowingly allows it to be
used, or an attempt to use it to be made, by
another person, shall be
punishable with imprisonment for a term which
may extend to 1*[two month] or
with fine which may extend to 1*[one
thousand rupees] or with both.
99.
Penalty for permitting double
employment of child.
99. Penalty for permitting
double employment of child. If a child
works in a factory on any day
on which he has already been working in
another factory, the parent or
guardian of the child or the person
having custody of or control
over him or obtaining any direct benefit
from his wages, shall be
punishable with fine which may extend to
2*[one thousand rupees] unless
it appears to the Court that the child
so worked without the consent
or connivance of such parent, guardian
or person.
3* * * * *
---------------------------------------------------------------------
1. Subs. by Act 20 of 1987, s.
36 (w.e.f. 1-12-1987).
2. Subs. by. s. 37, ibid
(w.e.f. 1-2-1987)
3. Omitted by s. 38, ibid
(w.e.f. 1-12-1987).
88B
65
101.
Exemption of occupier or
manager from liability in certain cases.
101. Exemption of occupier or
manager from liability in certain
cases. Where the occupier or
manager of a factory is charged with an
offence punishable under this
Act, he shall be entitled, upon
complaint duly made by him and
on giving to the prosecutor not less
than three clear days' notice
in writing of his intention so to do, to
have any other person whom he
charges as the actual offender brought
before the Court at the time
appointed for hearing the charge; and if,
after the commission of the
offence has been proved, the occupier or
manager of the factory, as the
case may be, proves to the satisfaction
of the Court--
(a) that he has used due
diligence to enforce the execution
of this Act, and
(b) that the said other person
committed the offence in
question without his
knowledge, consent or connivance,-
-
that other person shall be
convicted of the offence and shall be
liable to the like punishment
as if he were the occupier or manager of
the factory, and the occupier
or manager, as the case may be, shall be
discharged from any liability
under this Act in respect of such
offence:
Provided that in seeking to
prove as aforesaid, the occupier or
manager of the factory, as the
case may be, may be examined on oath,
and his evidence and that of
any witness whom he calls in his
---------------------------------------------------------------------
88C
support shall be subject to
cross-examination on behalf of the person
he charges as the actual
offender and by the prosecutor:
Provided further that, if the
person charged as the actual
offender by the occupier or
manager cannot be brought before the Court
at the time appointed for
hearing the charge, the Court shall adjourn
the hearing from time to time
for a period not exceeding three months
and if by the end of the said
period the person charged as the actual
offender cannot still be
brought before the Court, the Court shall
proceed to hear the charge
against the occupier or manager and shall,
if the offence be proved,
convict the occupier or manager.
102.
Power of Court to make orders.
102. Power of Court to make
orders. (1) Where the occupier or
manager of a factory is
convicted of an offence punishable under this
Act the Court may, in addition
to awarding any punishment, by order in
writing require him, with-in a
period specified in the order (which
the Court may, if it thinks
fit and on application in such behalf,
from time to time extend) to
take such measures as may be so specified
for remedying the matters in
respect of which the offence was
committed.
(2) Where an order is made
under sub-section (1), the occupier or
manager of the factory, as the
case may be, shall not be liable under
this Act in respect of the
continuation of the offence during the
period or extended period, if
any, allowed by the Court, but if, on
the expiry of such period or
extended period, as the case may be, the
order of the Court has not
been fully complied with, the occupier or
manager, as the case may be,
shall be deemed to have committed a
further offence, and may be
sentenced therefor by the Court to undergo
imprisonment for a term which
may extend to six months or to pay a
fine which may extend to one
hundred rupees for every day after such
66
expiry on which the order has
not been complied with, or both to
undergo such imprisonment and
to pay such fine, as aforesaid.
103.
Presumption as to employment.
103. Presumption as to
employment. If a person is found in a
factory at any time, except
during intervals for meals or rest, when
work is going on or the
machinery is in motion, he shall until the
contrary is proved, be deemed
for the purposes of this Act and the
rules made thereunder to have
been at that time employed in the
factory.
104.
Onus as to age.
104. Onus as to age. (1) When
any act or omission would, if a
person were under a certain age,
be an offence punishable under this
Act, and such person is in the
opinion of the Court prima facie under
such age, the burden shall be
on the accused to prove that such person
is not under such age.
88D
(2) A declaration in writing
by a certifying surgeon relating to
a worker that he has
personally examined him and believes him to be
under the age stated in such
declaration shall, for the purposes of
this Act and the rules made
thereunder, be admissible as evidence of
the age of that worker.
104A
Onus of proving limits of what
is practicable, etc.
1*[104A. Onus of proving
limits of what is practicable, etc. In
any proceeding for an offence
for the contravention of any provision
of this Act of rules made
thereunder consisting of a failure to comply
with a duty or requirement to
do something, it shall be for the person
who is alleged to have failed
to comply with such duty or requirement,
to prove that it was not
reasonably practicable or, as the case may
be, all practicable measures
were taken to satisfy the duty or
requirement.]
105.
Cognizance of offences.
105. Cognizance of offences.
(1) No Court shall take cognizance
of any offence under this Act
except on complaint by, or with the
previous sanction in writing
of, an Inspector.
(2) No Court below that of a
Presidency Magistrate or of a
Magistrate of the first class
shall try any offence punishable under
this Act.
106.
Limitation of prosecutions.
106. Limitation of
prosecutions. No Court shall take cognizance
of any offence punishable
under this Act unless complaint thereof made
67
within three months of the
date on which the alleged commission of the
offence came to the knowledge
of an Inspector:
Provided that where the
offence consists of disobeying a written
order made by an Inspector,
complaint thereof may be made within six
months of the date on which
the offence is alleged to have been
committed.
2*[Explanation.--For the
purposes of this section,--
(a) in the case of continuing
offence, the period of
limitation shall be computed
with reference to every
point of time during which the
offence continues;
(b) where for the performance
of any act time is granted or
extended on an application
made by the occupier or
manager of a factory, the
period of limitation shall be
computed from the date on
which the time so granted or
extended expired.
106A
Jurisdiction of a court for
entertaining proceedings, etc.,
foroffence.
3*[106A. Jurisdiction of a
court for entertaining proceedings,
etc., for offence. For the
purposes of conferring jurisdiction on any
court in relation to an
offence under this Act or the rules made
thereunder in connection with
the operation of any plant, the place
where the plant is for the
time being situate shall be deemed to be
the place where such offence
has been committed.]
CHAPTER XI
SUPPLEMENTAL
107.
Appeals.
107. Appeals. (1) The manager
of a factory on whom an order in
writing by an Inspector has
been served under the provisions or this
Act or
---------------------------------------------------------------------
1. Ins. by Act 20 of 1987, s.
39 (w.e.f. 1-12-1987).
2. Ins. by Act 94 of 1976, s.
43 (w.e.f. 26-10-1976).
3. Ins. by Act 20 of 1987 s.
40 (w.e.f. 1-12-1987).
89
the occupier of the factory
may, within thirty days of the service of
the order, appeal against it
to the prescribed authority, and such
authority may, subject to
rules made in this behalf by the State
Government, confirm, modify or
reverse the order.
(2) Subject to rules made in
this behalf by the State Government
(which may prescribe classes
of appeals which shall not be heard with
the aid of assessors), the
appellate authority may, or if so required
in the petition of appeal
shall, hear the appeal with the aid of
assessors, one of whom shall
be appointed by the appellate authority
and the other by such body
representing the industry concerned as may
be prescribed:
68
Provided that if no assessor
is appointed by such body before the
time fixed for hearing the
appeal, or if the assessor so appointed
fails to attend the hearing at
such time, the appellate authority may,
unless satisfied that the
failure to attend is due to sufficient
cause, proceed to hear the
appeal without the aid of such assessor or,
if it thinks fit, without the
aid of any assessor.
(3) Subject to such rules as
the State Government may make in
this behalf and subject to
such conditions as to partial compliance or
the adoption of temporary
measures as the appellate authority may in
any case think fit to impose,
the appellate authority may, if it
thinks fit, suspend the order
appealed against pending the decision of
the appeal.
108.
Display of notices.
108. Display of notices. (1)
In addition to the notices required
to be displayed in any factory
by or under this Act, there shall be
displayed in every factory a
notice containing such abstracts of this
Act and of the rules made
thereunder as may be prescribed and also the
name and address of the
Inspector and the certifying surgeon.
(2) All notices required by or
under this Act to be displayed in
a factory shall be in English
and in a language understood by the
majority of the workers in the
factory, and shall be displayed at some
conspicuous and convenient
place at or near the main entrance to the
factory, and shall be
maintained in a clean and legible condition.
(3) The Chief Inspector may,
by order in writing served on the
manager of any factory,
require that there shall be displayed in the
factory any other notice or
poster relating to the health, safety or
welfare of the workers in the
factory.
109.
Service of notices.
109. Service of notices. The
State Government may make rules
prescribing the manner of the
service of orders under this Act on
owners, occupiers or managers
of factories.
90
110.
Returns.
110. Returns. The State
Government may make rules requiring
owners, occupiers or mangers
of factories to submit such returns,
occasional or periodical, as
may in its opinion be required for the
purposes of this Act.
111.
Obligations of workers.
111. Obligations of workers.
(1) No worker in a factory--
(a) shall wilfully interfere
with or misuse any appliance,
convenience or other thing
provided in a factory for
the purposes of securing the
health, safety or welfare
of the workers therein;
69
(b) shall wilfully and without
reasonable cause do anything
likely to endanger himself or
others; and
(c) shall wilfully neglect to
make use of any appliance or
other thing provided in the
factory for the purposes of
securing the health of safety
of the workers therein.
(2) If any worker employed in
a factory contravenes any of the
provisions of this section or
of any rule or order made thereunder, he
shall be punishable with
imprisonment for a term which may extend to
three months, or with fine
which may extend to one hundred rupees, or
with both.
111A
Right or workers, etc.
1*[111A. Right or workers,
etc. Every worker shall have the right
to--
(i) obtain from the occupier,
information relating to
workers' health and safety at
work,
(ii) get trained within the
factory wherever possible, or,
to get himself sponsored by
the occupier for getting trained at a
training centre or institute,
duly approved by the Chief
Inspector, where training is
imparted for workers' health and
safety at work.
(iii) represent to the
Inspector directly or through his
representative in the matter
of inadequate provision for
protection of his health or
safety in the factory.]
112.
General power to make rules.
112. General power to make
rules. The State Government may make
rules providing for any matter
which, under any of the provisions of
this Act, is to be or may be
prescribed or which may be considered
expedient in order to give
effect to the purposes of this Act.
113.
Powers of Centre to give
directions.
113. Powers of Centre to give
directions. The Central Government
may give directions to a State
Government as to the carrying into
execution of the provisions of
this Act.
114.
No charge for facilities and
conveniences.
114. No charge for facilities
and conveniences. Subject to the
provisions of section 46 no
fee or charge shall be realised from any
worker in respect of any
arrangements or facilities to be provided, or
any equipments or appliances
to be supplied by the occupier under the
provisions of this Act.
115.
Publication of rules.
70
115. Publication of rules.
2*[(1)] All rules made under this Act
shall be published in the
Official Gazette, and shall be subject to
the condition of previous
publication ; and the date to be specified
under clause (3) of section 23
of the General Clauses Act, 1897,(10 of
1897.) shall be not less than
2*[forty five days] from the date on
which the draft of the
proposed rules was published.
2*[(2) Every rule made by the
State Government under this Act
shall be laid, as soon as may
be after it is made, before the State
Legislature.]
---------------------------------------------------------------------
1. Ins. by Act 20 of 1987, s.
41 (w.e.f. 1.2.1987)
2. Re-numbered , subs. &
Ins. by s. 42, ibid (w.e.f. 1.12.1987).
91
116.
Application of Act to
Government factories.
116. Application of Act of
Government factories. Unless otherwise
provided this Act shall apply
to factories belonging to the Central or
any State Government.
117.
Protection to persons acting
under this Act.
117. Protection to persons
acting under this Act. No suit,
prosecution or other legal
proceeding shall lie against any person for
anything which is in good
faith done or intended to be done under this
Act.
118.
Restriction on disclosure of
information.
118. Restriction on disclosure
of information. (1) No Inspector
shall, while in service or
after leaving the service, disclose
otherwise than in connection
with the execution, or for the purposes,
of this Act any information
relating to any manufacturing or
commercial business or any
working process which may come to his
knowledge in the course of his
official duties.
(2) Nothing in sub-section (1)
shall apply to any disclosure of
information made with the
previous consent in writing of the owner of
such business or process or
for the purposes of any legal proceeding
(including arbitration)
pursuant to this Act or of any criminal
proceeding which may be taken,
whether pursuant to this Act or
otherwise, or for the purposes
of any report of such proceedings as
aforesaid.
(3) If any Inspector
contravenes the provisions of sub-section
(1) he shall be punishable
with imprisonment for a term which may
extend to six months, or with
fine which may extend to one thousand
rupees, or with both.
118A
Restriction on disclosure of
information.
1*[118A. Restriction on
disclosure of information. (1) Every
Inspector shall treat as
confidential the source of any complaint
brought to his notice on the
breach of any provision of this Act.
71
(2) No inspector shall, which
making an inspection under this
Act, disclose to the occupier,
manager or his representative that the
inspection is made in
pursuance of the receipt of complaint:
Provided that nothing in this
sub-section shall apply to any case
in which the person who has
made the complaint has consented to
disclose his name.]
119.
Act to have effect
notwithstanding anything contained in Act 37
of1970.
2*[119. Act to have effect
notwithstanding anything contained in
Act 37 of 1970. The provisions
of this Act shall have effect
notwithstanding anything
inconsistent therewith contained in the
Contract Labour (Regulation
and Abolition) Act, 1970. 3*[or any other
law for the time being in
force]
120.
Repeal and savings.
120. Repeal and savings. The
enactments set out in the Table
appended to this section are
hereby repealed:
Provided that anything done
under the said enactments which could
have been done under this Act
if it had then been in force shall be
deemed to have been done under
this Act.
---------------------------------------------------------------------
1. Ins. by Act 20 of 1987, s.
43 (w.e.f. 1-12-1987)
2. Ins, by Act 94 of 1976, s.
44 (w.e.f. 26-10-1976). The original
s. 119 was repealed by Act 35
of 1950, s. 2 and Sch. I.
3. Ins. by Act 20 of 1987 s.
44 (w.e.f. 1-12-1987).
91A
TABLE.--[Enactments repealed].
Rep. by the Repealing and Amending
Act, 1950 (35 of 1950), s. 2
and Sch. 1.
