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THE FACTORIES ACT, 1948
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
- Short title, extent and commencement.
- Interpretation.
- References to time of day.
- Power to declare different departments to be separate factories or two or more factories to be a single factory.
- Power to exempt during public emergency.
- Approval, licensing and registration of factories.
- Notice by occupier. CHAPTER II THE INSPECTING STAFF 7A. General duties of the occupier. 7B. General duties of manufacturers, etc., as regards articles and substances for use in factories.
- Inspectors.
- Powers of Inspectors.
- Certifying surgeons. CHAPTER III HEALTH
- Cleanliness.
- Disposal of wastes and effluents.
- Ventilation and temperature.
- Dust and fume.
- Artificial humidification.
- Overcrowding.
- Lighting.
- Drinking water.
- Latrines and urinals.
- Spittoons. CHAPTER IV SAFETY
- Fencing of machinery.
- Work on or near machinery in motion.
SECTIONS
- Employment of young persons on dangerous machines.
- Striking gear and devices for cutting off power.
- Self-acting machines.
- Casing of new machinery.
- Prohibition of employment of women and children near cotton-openers.
- Hoists and lifts.
- Lifting machines, chains, ropes and lifting tackles.
- Revolving machinery.
- Pressure plant.
- Floors, stairs and means of access.
- Pits, sumps openings in floors, etc.
- Excessive weights.
- Protection of eyes.
- Precautions against dangerous fumes, gases, etc. 36A. Precautions regarding the use of portable electric light.
- Explosive or inflammable dust, gas, etc.
- Precautions in case of fire.
- Power to require specifications of defective parts or tests of stability.
- Safety of buildings and machinery. 40A. Maintenance of buildings. 40B. Safety officers.
- Power to make rules to supplement this Chapter. CHAPTER IVA PROVISIONS RELATING TO HAZARDOUS PROCESSES 41A. Constitution of Site Appraisal Committee. 41B. Compulsory disclosure of information by the occupier. 41C. Specific responsibility of the occupier in relation to hazardous processes. 41D. Power of Central Government to appoint Inquiry Committee. 41E. Emergency standards. 41F. Permissible limits of exposure of chemical and toxic substances. 41G. Workers’ participation in safety management. 41H. Right of workers to warn about imminent danger. CHAPTER V WELFARE
- Washing facilities.
- Facilities for storing and drying clothing.
CHAPTER VIII
ANNUAL LEAVE WITH WAGES
SECTIONS
- Application of Chapter.
- Annual leave with wages.
- Wages during leave period.
- Payment in advance in certain cases.
- Mode of recovery of unpaid wages.
- Power to make rules.
- Power to exempt factories. CHAPTER IX SPECIAL PROVISIONS
- Power to apply the Act to certain premises.
- Power to exempt public institutions.
- Dangerous operations. 87A. Power to prohibit employment on account of serious hazard.
- Notice of certain accidents. 88A. Notice of certain dangerous occurrences.
- Notice of certain diseases.
- Power to direct enquiry into cases of accident or disease.
- Power to take samples. 91A. Safety and occupational health surveys. CHAPTER X PENALTIES AND PROCEDURE
- General penalty for offences.
- Liability of owner of premises in certain circumstances.
- Enhanced penalty after previous conviction.
- Penalty for obstructing Inspector.
- Penalty for wrongfully disclosing results of analysis under section 91. 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H.
- Offences by workers.
- Penalty for using false certificate of fitness.
- Penalty for permitting double employment of child.
- [ Repealed .]
- Exemption of occupier or manager from liability in certain cases.
- Power of Court to make orders.
- Presumption as to employment.
- Onus as to age.
SECTIONS
104A. Onus of proving limits of what is practicable, etc.
- Cognizance of offences.
- Limitation of prosecutions. 106A. Jurisdiction of a court for entertaining proceedings, etc., for offence. CHAPTER XI SUPPLEMENTAL
- Appeals.
- Display of notices.
- Service of notices.
- Returns.
- Obligations of workers. 111A. Right of workers, etc.
- General power to make rules.
- Powers of Centre to give directions.
- No charge for facilities and conveniences.
- Publication of rules.
- Application of Act to Government factories.
- Protection to persons acting under this Act.
- Restrictions on disclosure of information. 118A. Restriction on disclosure of information.
- Act to have effect notwithstanding anything contained in Act 37 of 1970.
- Repeal and savings. THE FIRST SCHEDULE. THE SECOND SCHEDULE. THE THIRD SCHEDULE.
( 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] (^3) [( vi ) preserving or storing any article in cold storage;]
( l ) “worker” means a person 4 [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 3 [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 5 [the Mines Act, 1952 (35 of 1952)], or 6 [a mobile mobile unit belonging to the armed forces of the Union, railway running shed or a hotel, restaurant or eating place].
- Subs. by Act 94 of 1976, s. 2, for sub-clause ( ii ) (w.e.f. 26-10-1976).
- Subs. by Act 25 of 1954, s. 2, for sub-clause ( iv ) (w.e.f. 7-5-1954).
- Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).
- Subs. by s. 2, ibid., for “employed, directly or through any agency, whether for wages or not” (w.e.f. 26-10-1976).
- Subs. by Act 25 of 1954, s. 2, for “the Indian Mines Act, 1923 (4 of 1923)” (w.e.f. 7-5-1954).
- Subs. by Act 94 of 1976, s. 2, for “a railway running shed” (w.e.f. 26-10-1976).
(^1) [ Explanation (^2) [I] — For computing the number of workers for the purposes of this clause all the
workers in 3 [different groups and relays] in a day shall be taken into account;] (^4) [ Explanation II. — For the purposes of this clause, the mere fact that an Electronic Data Processing
Unit or a Computer Unit is installed in any premises or part thereof, shall not be construed to make it a factory if no manufacturing process is being carried on in such premises or part thereof;]
( n ) “occupier” of a factory means the person who has ultimate control over the affairs of the factory 5 ***. (^4) [Provided that —
( i ) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier; ( ii ) in the case of a company, any one of the directors shall be deemed to be the occupier; ( iii ) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the Stale Government or the local authority, as the case may be, shall be deemed to be the occupier:] (^1) [ (^6) [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, 4 [section 7A, section 7B,] section 11 or section 12; ( b ) section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock; ( c ) section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the workers employed on such repair or maintenance; ( 2 ) the owner of the ship or his agent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry out the repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110, in relation to — ( a ) the workers employed directly by him, or by or through any agency; and ( b ) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer-in-charge or person; (^7) * * * * *
( p ) “prescribed” means prescribed by rules made by the State Government under this Act; (^8) * * * * *
( 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 9 [“group” or “relay”] and each of such periods is called a “shift”.
- Ins. by Act 94 of 1976, s. 2 (w.e.f. 26-10-1976).
- The Explanation renumbered as Explanation I by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987).
- Subs. by s. 2, ibid., for “different relays” (w.e.f. 1-12-1987).
- Ins. by s. 2, ibid. (w.e.f. 1-12-1987).
- Certain words omitted by s. 2, ibid. (w.e.f. 1-12-1987).
- Subs. by s. 2, ibid., for “Provided that” (w.e.f. 1-12-1987).
- Omitted by s. 2, ibid. (w.e.f. 1-12-1987).
- Omitted by the A. O. 1950.
- Subs. by Act 20 of 1987, s. 2, for “relay” (w.e.f. 1-12-1987).
( 3 ) Where a State Government or a Chief Inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.
Explanation. — A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery, or within such limits as may be prescribed, of the addition of any plant or machinery 1 [if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health].
7. Notice by occupier.— ( 1 ) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing —
( a ) the name and situation of the factory; ( b ) the name and address of the occupier; (^2) [( bb ) the name and address of the owner of the premises or building (including the precincts thereof) referred to in section 93;] ( c ) the address to which communications relating to the factory may be sent; ( d ) the nature of the manufacturing process — ( i ) carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act; and ( ii ) to be carried on in the factory during the next twelve months in the case of all factories; (^3) [( e ) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate stand-by plant;] ( f ) the name of the manager of the factory for the purposes of this Act; ( g ) the number of workers likely to be employed in the factory; ( h ) the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of the commencement of this Act; ( i ) such other particulars as may be prescribed. ( 2 ) In respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section ( 1 ) within thirty days from the date of the commencement of this Act.
( 3 ) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section ( 1 ) 4 [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 5 [Inspector a written notice and to the Chief Inspector a copy thereof] within seven days from the date on which such person takes over charge.
( 5 ) During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.
- Ins. by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976).
- Ins. by Act 25 of 1954, s. 4 (w.e.f. 7-5-1954).
- Subs. by Act 94 of 1976, s. 5, for clause ( e ) (w.e.f. 26-10-1976).
- Subs. by Act 40 of 1949, s. 3 and the Second Schedule, for “within thirty days” (w.e.f. 1-5-1949).
- Subs. by Act 25 of 1954, s. 4, for “Chief Inspector a written notice” (w.e.f. 7-5-1954).
CHAPTER II
THE INSPECTING STAFF
(^1) [ 7A. General duties of the occupier.— ( 1 ) Every occupier shall ensure, so far as is reasonably
practicable, the health, safety and welfare of all workers while they are at work in the factory.
( 2 ) Without prejudice to the generality of the provisions of sub-section ( 1 ), the matters to which such duty extends, shall include —
( a ) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health; ( b ) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; ( c ) the provisions of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work; ( d ) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks; ( e ) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work. ( 3 ) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and 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 manufacturers, etc., as regards articles and substances for use in factories.— ( 1 ) Every person who designs, manufactures, imports or supplies any article for use in any factory, shall —
( a ) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used; ( b ) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause ( a ); ( c ) take such steps as may be necessary to ensure that adequate information will be available — ( i ) in connection with the use of the article in any factory; ( ii ) about the use for which it is designed and tested; and ( iii ) about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers: Provided that where an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see —
( a ) that the article conforms to the same standards if such article is manufactured in India, or ( b ) if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards. ( 2 ) Every person, who undertakes to design or manufacture any article for use in any factory, may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to the health or safety of the workers to which the design or article may give rise.
- Ins. by Act 20 of 1987, s. 4 (w.e.f. 1-12-1987). *. Ins. by s. 4, ibid. (w.e.f. 1-6-1988).
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; (^2) [( b ) make examination of the premises, plant, machinery, article or substance;
( c ) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry; ( d ) require the production of any prescribed register or any other document relating to the factory; ( e ) seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of any offence under this Act, which he has reason to believe, has been committed; ( f ) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so 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 be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination; ( i ) exercise such other powers as may be prescribed.]
10. Certifying surgeons.— ( 1 ) The State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or description of factories as it may assign to them respectively.
( 2 ) A certifying surgeon may, with the approval of the State Government, authorise any qualified medical practitioner to exercise any of his powers under this Act for such period as the certifying surgeon may specify and subject to such conditions as the State Government may think fit to impose, and references in this Act to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorised.
( 3 ) No person shall be appointed to be, or authorised to exercise the powers of, a certifying surgeon, or having been so appointed or authorised, continue to exercise such powers, who is or becomes the occupier of a factory or is or becomes directly or indirectly interested therein or in any process or business carried on therein on in any patent or machinery connected therewith or is otherwise in the employ of the factory: (^3) [Provided that the State Government may, by order in writing and subject to such conditions as may
be specified in the order, exempt any person or class of persons from the provisions of this sub-section in respect of any factory or class or description of factories.]
( 4 ) The certifying surgeon shall carry out such duties as may be prescribed in connection with — ( a ) the examination and certification of young persons under this Act;
- Ins. by Act 20 of 1987, s. 5 (w.e.f. 1-12-1987).
- Subs. by s. 5, ibid., for clauses ( b ) and ( c ) (w.e.f. 1-12-1987 ).
- Ins. by Act 94 of 1976, s. 7 (w.e.f. 26-10-1976).
( b ) the examination of persons engaged in factories in such dangerous occupations or processes as may be prescribed; ( c ) the exercising of such medical supervision as may be prescribed for any factory or class or description of factories where — ( i ) cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of work prevailing, therein; ( ii ) by reason of any change in the manufacturing process carried on or in the substances used therein or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process; ( iii ) young persons are, or are about to be, employed in any work which is likely to cause injury to their health. Explanation. — In this section “qualified medical practitioner” means a person holding a qualification granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916), or in the Schedules to the Indian Medical Council Act, 1933 (27 of 1933)^1.
CHAPTER III HEALTH
11. Cleanliness.— ( 1 ) Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance, and in particular —
( a ) accumulation of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages, and disposed of in a suitable manner; ( b ) the floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method; ( c ) where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained; ( d ) all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall — ( i ) where they are 2 [painted otherwise than with washable water-paint] or varnished, be repainted or revarnished at least once in every period of five years; (^3) [( 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; (^3) [( dd ) all doors and window frames and other wooden or metallic framework and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years;] ( e ) the dates on which the processes required by clause ( d ) are carried out shall be entered in the prescribed register.
- See now the Indian Medical Council Act, 1956 (102 of 1956).
- Subs. by Act 94 of 1976, s. 8, for “painted” (w.e.f. 26-10-1976).
- Ins. by s. 8, ibid. (w.e.f. 26-10-1976).
15. Artificial humidification.— ( 1 ) In respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules, —
( a ) prescribing standards of humidification; ( b ) regulating the methods used for artificially increasing the humidity of the air; ( c ) directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded; ( d ) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms. ( 2 ) In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used.
( 3 ) If it appears to an Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under sub-section ( 2 ) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before specified date.
16. Overcrowding.— ( 1 ) No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein.
( 2 ) Without prejudice to the generality of sub-section ( 1 ) there shall be in every workroom of a factory in existence on the date of the commencement of this Act at least 1 [9.9 cubic metres] and of a factory built after the commencement of this Act at least 2 [14.2 cubic metres] 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 3 [4.2 metres] 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 room is unnecessary in the interest of the health of the workers employed therein.
17. Lighting.— ( 1 ) In every part of a factory where workers are working of passing there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.
( 2 ) In every factory all glazed windows and skylights used for the lighting of the workrooms shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made under sub-section ( 3 ) of section 13 will allow, free from obstruction.
( 3 ) In 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 or description of factories or for any manufacturing process.
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.
- Subs. by Act 20 of 1987, s. 7, for “three hundred and fifty cubic feet” (w.e.f. 1-12-1987).
- Subs. by s. 7, ibid., for “five hundred cubic feet” (w.e.f. 1-12-1987).
- Subs. by s. 7, ibid., for “fourteen feet” (w.e.f. 1-12-1987).
( 2 ) All such points shall be legibly marked “drinking water” in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within 1 [six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination] unless a shorter distance is approved in writing by the Chief Inspector.
( 3 ) In every factory wherein more than two hundred and fifty workers are ordinarily employed, provision shall be made for cool drinking water during hot weather by effective means and for distribution thereof.
( 4 ) In respect of all factories or any class or description of factories the State Government may make rules for securing compliance with the provisions of sub-sections ( 1 ), ( 2 ) and ( 3 ) and for the examination by prescribed authorities of the supply and distribution of drinking water in factories.
19. Latrines and urinals.— ( 1 ) In every factory —
( a ) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at factory;
( b ) separate enclosed accommodation shall be provided for male and female workers;
( c ) such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any work room except through an intervening open space or ventilated passage;
( d ) all such accommodation shall be maintained in a clean and sanitary condition at all times;
( e ) sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places.
( 2 ) In every factory wherein more than two hundred and fifty workers are ordinarily employed —
( a ) all latrine and urinal accommodation shall be of prescribed sanitary types;
( b ) the floors and internal walls, up to a height of 2 [ninety centimetres], of the latrines and urinals and the sanitary blocks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface;
( c ) without prejudice to the provisions of clauses ( d ) and ( e ) of sub-section ( 1 ), the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both.
( 3 ) The State Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further mailers in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein.
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.
- Subs. by Act 20 of 1987, s. 8, for “twenty feet of any washing place, urinal or latrine” (w.e.f. 1-12-1987).
- Subs. by s. 9, ibid., for “three feet” (w.e.f. 1-12-1987).
( b ) in a case referred to in clause ( ii ) of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation,
while the machinery is in motion, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of this appointment, and while he is so engaged, —
( a ) such worker shall not handle a belt at a moving pulley unless — ( i ) the belt is not more than fifteen centimetres in width; ( ii ) the pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which case a belt is not permissible); ( iii ) the belt joint is either laced or flush with the belt; ( iv ) the belt, including the joint and the pulley rim, are in good repair; ( v ) there is reasonable clearance between the pulley and any fixed plant or structure; ( vi ) secure foothold and, where necessary, secure handhold, are provided for the operator; and ( vii ) any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person;] ( b ) without prejudice to any other provision of this Act relating to the fencing of machinery, every 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.— ( 1 ) No young person 2 [shall be required or allowed to work] at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and —
( a ) has received sufficient training in work at the machine, or ( b ) is under adequate supervision by a person who has a thorough knowledge and experience of the machine. ( 2 ) Sub-section ( 1 ) shall apply to such machines as may be prescribed by the State Government, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with.
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 the fast pulley; ( b ) driving belts when not in use shall not be allowed to rest or ride upon shafting in motion.
- Subs. by Act 25 of 1954, s. 6, for sub-section ( 2 ) (w.e.f. 7-5-1954).
- Subs. by Act 20 of 1987, s. 10, for “shall work” (w.e.f. 1-12-1987).
( 2 ) In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in every workroom:
Provided that in respect of factories in operation before the commencement of this Act, the provisions of this sub-section shall apply only to workrooms in which electricity is used as power. (^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.— 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 centimetres] 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.— ( 1 ) In all machinery driven by power and installed in any factory after the commencement of this Act, —
( a ) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; ( b ) all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased. ( 2 ) Whoever sells or lets on 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 (^3) [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. (^4) [( 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.— 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.— ( 1 ) In every factory — ( a ) every hoist and lift shall be — ( i ) of good mechanical construction, sound material and adequate strength; ( ii ) properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of very such examination;
- Ins. by Act 94 of 1976, s. 12 (w.e.f. 26-10-1976).
- Subs. by Act 20 of 1987, s. 11, for “eighteen inches” (w.e.f. 1-12-1987).
- Subs. by Act 25 of 1954, s. 7, for “sub-section ( 1 )” (w.e.f. 7-5-1954).
- Subs. by s. 7, ibid., for sub-section ( 3 ) (w.e.f. 7-5-1954).
