Indian Factory Act 1948 (The Factories Act 1948)

INDIAN FACTORY ACT 1948
Factories Act, 1948

(Act no. 63 of 1948)
CONTENTS
Sections Particulars

Preamble

1
Short title, Extent and Commencement
2
Interpretation
3
References to Time of Day
Po!er to declare different departments to be separate factories

for t!o or more factories to be a sin"le factory
#
Po!er to exempt d$rin" p$blic emer"ency
%
&ppro'al, (icensin" and Re"istration of )actories
*
+otice by occ$pier
*&
,eneral D$ties of the -cc$pier
*.
,eneral D$ties of /an$fact$res, Etc0, as re"ards articles and
s$bstances for $se in factories
1
Inspectors
2
Po!ers of Inspectors
13
Certifyin" S$r"eons
11
Cleanliness
12
Disposal of !astes and effl$ents
13
4entilation and Temperat$re
- 1 - 1
1
D$st and )$me
1#
&rtificial 5$midification
1%
-'ercro!din"
1*
(i"htin"
11
Drin6in" 7ater
12
(atrines and 8rinals
23
Spittoons
21
)encin" of /achinery
22
7or6 on or +ear machinery in motion
23
Employment of yo$n" persons on dan"ero$s machines
2
Stri6i" "ear and de'ices for c$ttin" off po!er
2#
Self9&ctin" /achines
2%
Casin" of ne! machinery
2*
Prohibition of employment of !omen and children near cotton9
openers
21
5oists and (ifts
22
(iftin" /achines, Chains, Ropes and (iftin" tac6les
33
Re'ol'in" /achinery
31
Press$re Plant
32
)loors, Stairs and /eans of &ccess
33
Pits, S$mps, -penin"s in )loors, Etc0
3
Excessi'e 7ei"hts
- 2 - 2
3#
Protection of Eyes
3%
Preca$tions a"ainst dan"ero$s f$mes, "ases, etc0
3%&
Preca$tions Re"ardin" the $se of portable electric li"ht
3*
Explosi'e or Inflammable D$st, ,as, Etc0
31
Preca$tions in case of fire
32
Po!er to Re:$ire Specifications of Defecti'e Parts or Tests of
Stability
3
Safety of .$ildin"s and /achinery
3&
/aintenance of .$ildin"s
3.
Safety -fficers
1
Po!er to ma6e r$le to s$pplement this Chapter
1&
Constit$tion of Site &ppraisal Committees
1.
Comp$lsory Disclos$re of Information by the -cc$pier
1C
Specific Responsibility of the occ$pier in relation to ha;ardo$s
processes
1D
Po!er to Central ,o'ernment to &ppoint In:$iry
Committee
1E
Emer"ency Standards
1)
Permissible (imits of Expos$re of Chemical and Toxic s$bstances
1,
7or6ers< Participation in Safety /ana"ement
15
Ri"ht of !or6ers to !arn abo$t imminent dan"er
2
7ashin" )acilities
3
)acilities for Storin" and Dryin" clothin"
- 3 - 3
)acilities for Sittin"

#
)irst &id &ppliances
%
Canteens
*
Shelters, Rest Rooms and ($nch Rooms
1
Creches
2
7elfare -fficers
#3
Po!er to ma6e r$les to s$pplement this Chapter
#1
7ee6ly 5o$rs
#2
7ee6ly 5olidays
#3
Compensatory 5olidays
#
Daily 5o$rs
##
Inter'als for Rest
#%
Spreado'er
#*
+i"ht Shifts
#1
Prohibition of -'erleappin" Shifts
#2
Extra 7a"es for -'ertime
%3
Restriction on do$ble employment
%1
+otice of periods of !or6 for ad$lts
%2
Re"ister of ad$lt !or6ers
%3
5o$rs of !or6 to correspond !ith notice $nder section %1 and
re"ister $nder section %2
- 4 - 4
%
Po!er to ma6e exemptin" r$les
%#
Po!er to ma6e exemptin" orders
%%
)$rther restrictions on employment of !omen
%*
Prohibition of employment of yo$n" children
%1
+on9&d$lt !or6ers to carry to6ens
%2
Certificates of )itness
*3
Effect of certificate of fitness "ranted to adolescent
*1
7or6in" 5o$rs for Children
*2
+otice of Periods of !or6 for children
*3
Re"ister of Child 7or6ers
*
5o$rs of !or6 to correspond !ith notice $nder section *2 and
re"ister $nder section *3
*#
Po!er to re:$ire medical examination
*%
Po!er to ma6e r$les
**
Certain other pro'isions of la! not barred
*1
&pplication of Chapter
*2
&nn$al (ea'e !ith 7a"es
13
7a"es D$rin" (ea'e Period
11
Payment in ad'ance in certain cases
12
/ode of reco'ery of $npaid !a"es
13
Po!er to ma6e r$les
- 5 - 5
1
Po!ers to exempt factories
1#
Po!er to apply the act to certain premises
1%
Po!er to exempt p$blic instit$tions
1*
Dan"ero$s -perations
1*&
Po!er to prohibit employment on acco$nt of serio$s ha;ard
11
+otice of certain accidents
11&
+otice of Certain dan"ero$s occ$rrences
12
+otice of certain diseases
23
Po!er to direct en:$iry into cases of accident or disease
21
Po!er to ta6e samples
21&
Safety and -cc$pational 5ealth S$r'eys
22
,eneral Penalty for -ffences
23
(iability of o!ner of premises in certain circ$mstances
2
Enhanced penalty after pre'io$s con'iction
2#
Penalty for -bstr$ctin" Inspector
2%
Penalty for 7ron"f$lly disclosin" res$lts of analysis $nder section
21
2%&
Penalty for contra'ention of the pro'isions of sections 1., 1C
and 15
2*
-ffences by 7or6ers
21 Penalty for $sin" false certificate of fitness
22
Penalty for permittin" do$ble employment of child
- 6 - 6
133
Determination of occ$pier in certain cases
131 Exemption of occ$pier or mana"er from liability in certain cases
132
Po!er of Co$rt to ma6e orders
133
Pres$mption as to employment
13
-n$s as to a"e
13&
-n$s of pro'in" limits of !hat is practicable, etc0
13#
Co"ni;ance of offences
13%
(imitation of prosec$tions
13%&
=$risdiction of a Co$rt for entertaini" proceedin"s, etc0, for
offence
13*
&ppeals
131
Display of notices
132 Ser'ice of notice
113
Ret$rns
111
-bli"ations of !or6ers
111&
Ri"ht of !or6ers, etc0
112
,eneral po!er to ma6e r$les
113
Po!ers of Centre to ,i'e Directions
11
+o Chan"e for )acilities and Con'eniences
11#
P$blication of r$les
11%
&pplication of &ct to ,o'ernment )actories
- 7 - 7
11*
Protection of persons &ctin" $nder this &ct
111
Restriction of Disclos$re of Information
111&
Restriction of Disclos$re of Information
112
&ct to ha'e effect not!ithstandin" anythin" contained in &ct 3*
of 12*3
123
Repeal and Sa'in"s

Schedules

Sched$le 1
(ist of Ind$stries In'ol'in" 5a;ardo$s processes
Sched$le 2
Permissible le'els of certain Chemical s$bstances in !or6
En'ironment
Sched$le 3
(ist of +otifiable Diseases
FACTORIES ACT, 1948.
PRE&/.(E
>%3 -) 121?
&n &ct to consolidate and amend the la! re"$latin" labo$r in factories0
75ERE&S it is expedient to consolidate and amend the la! re"$latin" labo$r in
factories@ It is hereby enacted as follo!s A9
1. SORT TIT!E, E"TE#T A#$ CO%%E#CE%E#T. & B1C This &ct may be called
the )actories &ct, 1210
B2C It extends to the !hole of India0
B3C It shall come into force on the 1st day of &pril, 1220
'. I#TER(RETATIO#. & In this &ct, $nless there is anythin" rep$"nant in the
s$bDect or context, 9 BaC Ead$ltE means a person !ho has completed his ei"hteenth
year of a"e@
BbC EadolescentE means a person !ho has completed his fifteen year of a"e b$t has
not completed his ei"hteenth year@
- 8 - 8
BbbC Ecalendar yearE means the period of t!el'e months be"innin" !ith the first day
of =an$ary in any year@
BcC EchildE means a person !ho has not completed his fifteenth year of a"e@
BcaC Ecompetent personE, in relation to any pro'ision of this &ct, means a person or
an instit$tion reco"nised as s$ch by the Chief Inspector for the p$rposes of carryin"
o$t tests, examinations and inspections re:$ired to be done in a factory $nder the
pro'isions of this &ct ha'in" re"ard to 9 BiC the :$alifications and experience of the
person and facilities a'ailable at his disposal@ or
BiiC the :$alifications and experience of the persons employed in s$ch instit$tion and
facilities a'ailable therein, !ith re"ard to the cond$ct of s$ch test, examinations and
inspections, and more than one person or instit$tion can be reco"nised as a
competent person in relation to a factory@
BcbC Eha;ardo$s processE means any process or acti'ity in relation to an ind$stry
specified to the )irst Sched$le !here, $nless special care is ta6en, ra! materials
$sed therein or the intermediate or finished prod$cts, bye9prod$cts, !astes or
effl$ents thereof !o$ld 9 BiC ca$se material impairment to the health of the persons
en"a"ed in or connected there!ith, or
BiiC res$lt in the poll$tion of the "eneral en'ironment A Pro'ided that the State
,o'ernment may, by notification in the -fficial ,a;ette, amend the )irst Sched$le by
!ay of addition, omission or 'ariation of any ind$stry specified in the said Sched$le@
BdC Eyo$n" personE means a person !ho is either a child or an adolescent@
BeC EdayE means a period of t!enty9fo$r ho$rs be"innin" at midni"ht@
BfC E!ee6E means a period of se'en days be"innin" at midni"ht on Sat$rday ni"ht or
s$ch other ni"ht as may be appro'ed in !ritin" for a partic$lar area by the Chief
Inspector of factories@
B"C Epo!erE means electrical ener"y, or any other form of ener"y !hich is
mechanically transmitted and is not "enerated by h$man or animal a"ency@
BhC Eprime mo'erE means any en"ine, motor or other appliance !hich "enerates or
other!ise pro'ides po!er@
BiC Etransmission machineryE means any shaft, !heel dr$m, p$lley, system of p$lleys,
co$plin", cl$tch, dri'in" belt or other appliance or de'ice by !hich the motion of a
prime mo'er is transmitted to or recei'ed by any machinery or appliance@
BDC EmachineryE incl$des prime mo'ers, transmission machinery and all other
appliances !hereby po!er is "enerated, transformed, transmitted or applied@
- 9 - 9
B6C Eman$fact$rin" processE means any process for 9 BiC ma6in", alterin", repairin",
ornamentin", finishin", pac6in", oilin", !ashin", cleanin", brea6in" $p, demolishin",
or other!ise treatin" or adaptin" any article or s$bstance !ith a 'ie! to its $se, sale,
transport, deli'ery or disposal, or
BiiC p$mpin" oil, !ater, se!a"e or any other s$bstance@ or@
BiiiC "eneratin", transformin" or transmittin" po!er@ or
Bi'C composin" types for printin", printin" by letter press, litho"raphy, photo"ra'$re
or other similar process or boo6 bindin"@ lra9% ? > lra9* or lra9* ?
B'C constr$ctin", reconstr$ctin", repairin", refittin", finishin" or brea6in" $p ships or
'essels@ BInserted by the )actories B&mendmentC &ct, 12*%, !0e0f0 2%913912*%0C
B'iC preser'in" or storin" any article in cold stora"e@ BlC E!or6erE means a person
employed, directly or by or thro$"h any a"ency Bincl$din" a contractorC !ith or
!itho$t the 6no!led"e of the principal employer, !hether for rem$neration or not, in
any man$fact$rin" process, or in cleanin" any part of the machinery or premises
$sed for a man$fact$rin" process, or in any other 6ind of !or6 incidental to, or
connected !ith, the man$fact$rin" process, or the s$bDect of the man$fact$rin"
process b$t does not incl$de any member of the armed forces of the $nion@
BmC EfactoryE means any premises incl$din" the precincts thereof 9 BiC !hereon ten
or more !or6ers are !or6in", or !ere !or6in" on any day of the precedin" t!el'e
months, and in any part of !hich a man$fact$rin" process is bein" carried on !ith
the aid of po!er, or is ordinarily so carried on, or
BiiC !hereon t!enty or more !or6ers are !or6in", or !ere !or6in" on any day of the
precedin" t!el'e months, and in any part of !hich a man$fact$rin" process is bein"
carried on !itho$t the aid of po!er, or is ordinarily so carried on, b$t does not
incl$de a mine s$bDect to the operation of the /ines &ct, 12#2 B3# of 12#2C, or a
mobile $nit belon"in" to the armed forces of the $nion, a rail!ay r$nnin" shed or a
hotel, resta$rant or eatin" place@
Explanation I A )or comp$tin" the n$mber of !or6ers for the p$rposes of this cla$se
all the !or6ers in different "ro$ps and relays in a day shall be ta6en into acco$nt0
Explanation II A )or the p$rposes of this cla$se, the mere fact that an Electronic Data
Processin" 8nit or a Comp$ter 8nit is installed in any premises or part thereof, shall
not be constr$ed to ma6e it a factory if no man$fact$rin" process is bein" carried on
in s$ch premises or part thereof@
BnC Eocc$pier< of a factory means the person !ho has $ltimate control o'er the affairs
of the factory A
Pro'ided that 9 BiC in the case of a firm or other association of indi'id$als, any one of
the indi'id$al partners or members thereof shall be deemed to be the occ$pier@
- 10 - 10
BiiC in the case of a company, any one of the directors shall be deemed to be the
occ$pier@
BiiiC in the case of a factory o!ned or controlled by the Central ,o'ernment or any
State ,o'ernment, or any local a$thority, the person or persons appointed to
mana"e the affairs of the factory by the Central ,o'ernment, the State ,o'ernment
or the local a$thority, as the case may be, shall be deemed to be the occ$pier A
Pro'ided f$rther that in the case of a ship !hich is bein" repaired, or on !hich
maintenance !or6 is bein" carried o$t, in a dry doc6 !hich is a'ailable for hire, 9 B1C
the o!ner of the doc6 shall be deemed to be the occ$pier for the p$rposes of any
matter pro'ided for by or $nder 9 BaC section %, section *, section *&, section *.,
section 11 or section 12@
BbC section 1*, in so far as it relates to the pro'idin" and maintenance of s$fficient
and s$itable li"htin" in or aro$nd the doc6@
BcC section 11, section 12, section 2, section %, section * or section 2, in relation
to the !or6ers employed on s$ch repair or maintenance@
B2C the o!ner of the ship or his a"ent or master or other officer9in9char"e of the ship
or any person !ho contracts !ith s$ch o!ner, a"ent or master or other officer9in9
char"e to carry o$t the repair or maintenance !or6 shall be deemed to be the
occ$pier for the p$rposes of any matter pro'ided for by or $nder section 13, section
1, section 1% or section 1* Bsa'e as other!ise pro'ided in this pro'isoC or Chapter
I4 Bexcept section 2*C or section 3, section or section #, Chapter 4I, Chapter
4II, Chapter 4III or Chapter IF or section 131, section 132 or section 113, in relation
to 9 BaC the !or6ers employed directly by him, or by or thro$"h any a"ency@ and
BbC the machinery, plant or premises in $se for the p$rpose of carryin" o$t s$ch
repair or maintenance !or6 by s$ch o!ner, a"ent, master or other officer9in9char"e
or person@
BoC -mitted
BpC EprescribedE means prescribed by r$les made by the State ,o'ernment $nder
this &ct@
B:C -mitted
BrC !here !or6 of the same 6ind is carried o$t by t!o or more sets of !or6ers
!or6in" d$rin" different periods of the day, each of s$ch sets is called a E"ro$pE or
ErelayE and each of s$ch periods is called a EshiftE0
3. REFERE#CES TO TI%E OF $A). & In this &ct references to time of day are
references to Indian Standard Time, bein" fi'e and a half ho$rs ahead of ,reen!ich
/ean Time A Pro'ided that for any area in !hich Indian Standard Time is not
ordinarily obser'ed the State ,o'ernment may ma6e r$les 9 BaC specifyin" the area,
BbC definin" the local mean time ordinarily obser'ed therein, and
- 11 - 11
BcC permittin" s$ch time to be obser'ed in all or any of the factories sit$ated in the
area0

4. (O*ER TO $EC!ARE $IFFERE#T $E(ART%E#TS TO +E SE(ARATE
FACTORIES OR T*O OR %ORE FACTORIES TO +E A SI#,!E FACTOR). & The
State ,o'ernment may, on its o!n or on an application made in this behalf by an
occ$pier, direct, by an order in !ritin", and s$bDect to s$ch conditions as it )ray
deem fit, that for all or any of the p$rposes of this &ct different departments or
branches of a factory of the occ$pier specified in the application shall be treated as
separate factories or that t!o or more factories of the occ$pier specified in the
application shall be treated as a sin"le factory A
Pro'ided that no order $nder this section shall be made by the State ,o'ernment on
it o!n motion $nless an opport$nity of bein" heard is "i'en to the occ$pier0
-. (O*ER TO E"E%(T $.RI#, (.+!IC E%ER,E#C). & In any case of p$blic
emer"ency the State ,o'ernment may, by notification in the -fficial ,a;ette, exempt
any factory or class or description of factories from all or any of the pro'isions of this
&ct except section %* for s$ch period and s$bDect to s$ch conditions as it may thin6
fit A Pro'ided that no s$ch notification shall be made for a period exceedin" three
months at a time0
Explanation A )or the p$rposes of this section Ep$blic emer"encyE means a "ra'e
emer"ency !hereby the sec$rity of India or of any part of the territory thereof is
threatened, !hether by !ar or external a""ression or internal dist$rbance0
6. A((RO/A!, !ICE#SI#, A#$ RE,ISTRATIO# OF FACTORIES. & B1C The
State ,o'ernment may ma6e r$les 9 BaC re:$irin", for the p$rposes of this &ct, the
s$bmission of plans of any class or description of factories to the Chief Inspector or
the State ,o'ernment@
BaaC re:$irin", the pre'io$s permission in !ritin" of the State ,o'ernment or the
Chief Inspector to be obtained for the site on !hich the factory is to be sit$ated and
for the constr$ction or extension of any factory or class or description of factories@
BbC re:$irin" for the p$rpose of considerin" applications for s$ch permission the
s$bmission of plans and specifications@
BcC prescribin" the nat$re of s$ch plans and specifications and by !hom they shall be
certified@
BdC re:$irin" the re"istration and licensin" of factories or any class or description of
factories, and prescribin" the fees payable for s$ch re"istration and licensin" and for
the rene!al of licences@
BeC re:$irin" that no licence shall be "ranted or rene!ed $nless the notice specified
in section * has been "i'en0
B2C If on an application for permission referred to in cla$se BaaC of s$b9section B1C
accompanied by the plans and specifications re:$ired by the r$les made $nder cla$se
- 12 - 12
BbC of that s$b9section, sent to the State ,o'ernment or Chief inspector by
re"istered post, no order is comm$nicated to the applicant !ithin three months from
the date on !hich it is so sent, the permission applied for in the said application shall
be deemed to ha'e been "ranted0
B3C 7here a State ,o'ernment or a Chief Inspector ref$ses to "rant permission to
the site, constr$ction or extension of a factory or to the re"istration and licensin" of
a factory, the applicant may !ithin thirty days of the date of s$ch ref$sal appeal to
the Central ,o'ernment if the decision appealed from !as of the State ,o'ernment
and to the State ,o'ernment in any other case0
Explanation A & factory shall not be deemed to be extended !ithin the meanin" of
this section by reason only of the replacement of any plant or machinery, or !ithin
s$ch limits as may be prescribed, of the addition of any plant or machinery if s$ch
replacement or addition does not red$ce the minim$m clear space re:$ired for safe
!or6in" aro$nd the plant or machinery or ad'ersely affect the en'ironmental
conditions from the e'ol$tion or emission of steam, heat or d$st or f$mes inD$rio$s
to health0
0A. ,E#ERA! $.TIES OF TE OCC.(IER. & B1C E'ery occ$pier shall ens$re, so
far as is reasonably practicable, the health, safety and !elfare of all !or6ers !hile
they are at !or6 in the factory0
B2C 7itho$t preD$dice to the "enerality of the pro'isions of s$b9section B1C, the
matters to !hich s$ch d$ty extends, shall incl$de 9 BaC the pro'ision and
maintenance of plant and systems of !or6 in the factory that are safe and !itho$t
ris6s to health@
BbC the arran"ements in the factory for ens$rin" safety and absence of ris6s to
health in connection !ith the $se, handlin", stora"e and transport of articles and
s$bstances@
BcC the pro'ision of s$ch information, instr$ction, trainin" and s$per'ision as are
necessary to ens$re the health and safety, of all !or6ers at !or6@
BdC the maintenance of all places of !or6 in the factory in a condition that is safe and
!itho$t ris6s to health and the pro'ision and maintenance of s$ch means of access
to, and e"ress from, s$ch places as are safe and !itho$t s$ch ris6s@
BeC the pro'ision, maintenance or monitorin" of s$ch !or6in" en'ironment in the
factory for the !or6ers that is safe, !itho$t ris6s to health and ade:$ate as re"ards
facilities and arran"ements for their !elfare at !or60
B3C Except in s$ch cases as may be prescribed, e'ery occ$pier shall prepare, and, as
often as may be appropriate, re'ise, a !ritten statement of his "eneral policy !ith
respect to the health and safety of the !or6ers at !or6 and the or"anisation and
arran"ements for the time bein" in force for carryin" o$t that policy, and to brin" the
statement and any re'ision thereof to the notice of all the !or6ers in s$ch manner as
may be prescribed0
- 13 - 13
0+. ,E#ERA! $.TIES OF %A#.FACT.RERS, ETC., AS RE,AR$S ARTIC!ES
A#$ S.+STA#CES FOR .SE I# FACTORIES. & B1C E'ery person !ho desi"ns,
man$fact$res, imports or s$pplies any article for $se in any factory shall 9 BaC
ens$re, so far as is reasonably practicable, that the article is so desi"ned and
constr$cted as to be safe and !itho$t ris6s to the health of the !or6ers !hen
properly $sed@
BbC carry o$t or arran"e for the carryin" o$t of s$ch tests and examination as may
be considered necessary for the effecti'e implementation of the pro'isions of cla$se
BaC@
BcC ta6e s$ch steps as may be necessary to ens$re that ade:$ate information !ill be
a'ailable 9 BiC in connection !ith the $se of the article in any factory@
BiiC abo$t the $se for !hich it is desi"ned and tested@ and
BiiiC abo$t any conditions necessary to ens$re that the article, !hen p$t to s$ch $se,
!ill be safe, and !itho$t ris6s to the health of the !or6ers A Pro'ided that !here an
article is desi"ned or man$fact$red o$tside India, it shall be obli"atory on the part of
the importer to see 9 BaC that the article conforms to the same standards if s$ch
article is man$fact$red in India, or
BbC if the standards adopted in the co$ntry o$tside for the man$fact$re of s$ch
article is abo'e the standards adopted in India, that the article conforms to s$ch
standards0
B2C E'ery person, !ho $nderta6es to desi"n or man$fact$re any article for $se in any
factory, may carry o$t or arran"e for the carryin" o$t of necessary research !ith a
'ie! to the disco'ery and, so far as is reasonably practicable, the elimination or
minimi;ation of any ris6s to the health or safety of the !or6ers to !hich the desi"n
or article may "i'e rise0
B3C +othin" contained in s$b9sections B1C and B2C shall be constr$ed to re:$ire a
person to repeat the testin", examination or research !hich has been carried o$t
other!ise than by him or at his instance in so far as it is reasonable for him to rely
on the res$lts thereof for the p$rposes of the said s$b9sections0
BC &ny d$ty imposed on any person by s$b9sections B1C and B2C shall extend only to
thin"s done in the co$rse of b$siness carried on by him and to matters !ithin his
control0
B#C 7here a person desi"ns, man$fact$res, imports or s$pplies an article on the
basis of a !ritten $nderta6in" by the $ser of s$ch article to ta6e the steps specified
in s$ch $nderta6in" to ens$re, so far as is reasonably practicable, that the article !ill
be safe and !itho$t ris6s to the health of the !or6ers !hen properly $sed, the
$nderta6in" shall ha'e the effect of relie'in" the person desi"nin", man$fact$rin",
importin" or s$pplyin" the article from the d$ty imposed by cla$se BaC of s$b9section
B1C to s$ch extent as is reasonable ha'in" re"ard to the terms of the $nderta6in"0
B%C )or the p$rposes of this section, an article is not to be re"arded as properly $sed
if it is $sed !itho$t re"ard to any information or ad'ice relatin" to its $se !hich has
- 14 - 14
been made a'ailable by the person !ho has desi"ned, man$fact$red, imported or
s$pplied the article0
Explanation A )or the p$rposes of this section, EarticleE shall incl$de plant and
machinery0
8. I#S(ECTORS. & B1C The State ,o'ernment may, by notification in the -fficial
,a;ette, appoint s$ch persons as possess the prescribed :$alification to be
Inspectors for the p$rposes of this &ct and may assi"n to them s$ch local limits as it
may thin6 fit0
B2C The State ,o'ernment may, by notification in the -fficial ,a;ette, appoint any
person to be a Chief Inspector !ho shall, in addition to the po!ers conferred on a
Chief Inspector $nder this &ct, exercise the po!ers of an Inspector thro$"ho$t the
State0
B2&C The State ,o'ernment may, by notification in the -fficial ,a;ette, appoint as
many &dditional Chief Inspectors, =oint Chief Inspectors and Dep$ty Chief Inspectors
and as many other officers as it thin6s fit to assist the Chief Inspector and to
exercise s$ch of the po!ers of the Chief Inspector as may be specified in s$ch
notification0
B2.C E'ery &dditional Chief Inspector, =oint Chief Inspector, Dep$ty Chief Inspector
and e'ery other officer appointed $nder s$b9section B2&C shall, in addition to the
po!ers of a Chief Inspector specified in the notification by !hich he is appointed,
exercise the po!ers of an Inspector thro$"ho$t the State0
B3C +o person shall be appointed $nder s$b9section B1C, s$b9section B2C s$b9section
B2&C lra931 ? or s$b9section B#C, or ha'in" been so appointed, shall contin$e to hold
office, !ho is or becomes directly or indirectly interested in a factory or in any
process or b$siness carried on therein or in any patent or machinery connected
there!ith0
BC E'ery District /a"istrate shall be an Inspector for his district0
B#C The State ,o'ernment may also, by notification as aforesaid, appoint s$ch p$blic
officers as it thin6s fit to be additional Inspectors for all or any of the p$rposes of this
&ct, !ithin s$ch local limits as it may assi"n to them respecti'ely0
B%C In any area !here there are more Inspectors than one the State ,o'ernment
may, by notification as aforesaid, declare the po!ers, !hich s$ch Inspectors shall
respecti'ely exercise and the Inspector to !hom the prescribed notices are to be
sent0
B*C E'ery Chief Inspector, &dditional Chief Inspector, =oint Chief Inspector, Dep$ty
Chief Inspector, Inspector and e'ery other officer appointed $nder this section shall
be deemed to be a p$blic ser'ant !ithin the meanin" of the Indian Penal Code B# of
11%3C, and shall be officially s$bordinate to s$ch a$thority as the State ,o'ernment
may specify in this behalf0
- 15 - 15
9. (O*ERS OF I#S(ECTORS. & S$bDect to any r$les made in this behalf, an
Inspector may, !ithin the local limits for !hich he is appointed, 9 BaC enter, !ith s$ch
assistants bein" persons in the ser'ice of the ,o'ernment, or any local or other
p$blic a$thority, or !ith an expert as he thin6s fit, any place !hich is $sed, or !hich
he has reason to belie'e is $sed, as a factory@
BbC ma6e examination of the premises, plant, machinery, article or s$bstance@
BcC in:$ire into any accident or dan"ero$s occ$rrence, !hether res$ltin" in bodily
inD$ry, disability or not, and ta6e on the spot or other!ise statements of any person
!hich he may consider necessary for s$ch in:$iry@
BdC re:$ire the prod$ction of any prescribed re"ister or any other doc$ment relatin"
to the factory@
BeC sei;e, or ta6e copies of, any re"ister, record or other doc$ment or any portion
thereof, as he may consider necessary in respect of any offence $nder this &ct, !hich
he has reason to belie'e, has been committed@
BfC direct the occ$pier that any premises or any part thereof, or anythin" lyin"
therein, shall be left $ndist$rbed B!hether "enerally or in partic$lar respectsC for so
lon" as is necessary for the p$rpose of any examination $nder cla$se BbC@
B"C ta6e meas$rements and photo"raphs and ma6e s$ch recordin"s as he considers
necessary for the p$rpose of any examination $nder cla$se BbC, ta6in" !ith him any
necessary instr$ment or e:$ipment@
BhC in case of any article or s$bstance fo$nd in any premises, bein" an article or
s$bstance !hich appears to him as ha'in" ca$sed or is li6ely to ca$se dan"er to the
health or safety of the !or6ers, direct it to be dismantled or s$bDect it to any process
or test Bb$t not so as to dama"e or destroy it $nless the same is, in the
circ$mstances necessary, for carryin" o$t the p$rposes of this &ctC, and ta6e
possession of any s$ch article of s$bstance or a part thereof, and detain it for so lon"
as is necessary for s$ch examination@ BiC exercise s$ch other po!ers as may be
prescribed A
Pro'ided that no person shall be compelled $nder this section to ans!er any :$estion
or "i'e any e'idence tendin" to incriminate himself0
11 CERTIF)I#, S.R,EO#S. & B1C The State ,o'ernment may appoint :$alified
medical practitioners to be certifyin" s$r"eons for the p$rposes of this &ct !ithin
s$ch local limits or for s$ch factory or class or description of factories as it may
assi"n to them respecti'ely0
B2C & certifyin" s$r"eon may, !ith the appro'al of the State ,o'ernment, a$thori;e
any :$alified medical practitioner to exercise any of his po!ers $nder this &ct for
s$ch period as the certifyin" s$r"eon may specify and s$bDect to s$ch conditions as
the State ,o'ernment may thin6 fit to impose, and references in this &ct to a
certifyin" s$r"eon shall be deemed to incl$de references to any :$alified medical
practitioner !hen so a$thori;ed0
- 16 - 16
B3C +o person shall be appointed to be, or a$thori;ed to exercise the po!ers of, a
certifyin" s$r"eon, or ha'in" been so appointed or a$thori;ed, contin$e to exercise
s$ch po!ers, !ho is, or becomes the occ$pier of a factory or is or becomes directly
or indirectly interested therein or in any process or b$siness carried on therein or in
any patent or machinery connected there!ith or is other!ise in the employ of the
factory A
Pro'ided that the State ,o'ernment may, by order in !ritin" and s$bDect to s$ch
conditions as may be specified in the order, exempt any person or class of persons
from the pro'isions of this s$b9section in respect of any factory or class or
description of factories0
BC The certifyin" s$r"eon shall carry o$t s$ch d$ties as may be prescribed in
connection !ith 9 BaC the examination and certification of yo$n" persons $nder this
&ct@
BbC the examination of persons en"a"ed in factories in s$ch dan"ero$s occ$pations
or processes as may be prescribed@
BcC the exercisin" of s$ch medical s$per'ision as may be prescribed for any factory
or class or description of factories !here 9 BiC cases of illness ha'e occ$rred !hich it
is reasonable to belie'e are d$e to the nat$re of the man$fact$rin" process carried
on, or other conditions of !or6 pre'ailin", therein@
BiiC by reason of any chan"e in the man$fact$rin" process carried on or in the
s$bstances $sed therein or by reason of the adoption of any ne! man$fact$rin"
process or of any ne! s$bstance for $se in a man$fact$rin" process, there is a
li6elihood of inD$ry to the health of !or6ers employed in that man$fact$rin" process@
BiiiC yo$n" persons are, or are abo$t to be, employed in any !or6 !hich is li6ely to
ca$se inD$ry to their health0 Explanation A In this section E:$alified medical
practitionerE means a person holdin" a :$alification "ranted by an a$thority specified
in the Sched$le to the Indian /edical De"rees &ct, 121% B* of 121%C or in the
Sched$les to the Indian /edical Co$ncil &ct, 1233 B2* of 1233C0
11. C!EA#!I#ESS. & B1C E'ery factory shall be 2e3t cle4n 4nd f5ee f5o6 efflu784
arisin" from any drain, pri'y or other, n$isance, and in partic$lar 9 BaC acc$m$lations
of dirt and ref$se shall be remo'ed daily by s!eepin" or by any other effecti'e
method from the floors and benches of !or6rooms and from staircases and
passa"es, and disposed of in a s$itable manner@
BbC the floor of e'ery !or6room shall be cleaned at least once in e'ery !ee6 by
!ashin", $sin" disinfectant, !here necessary, or by some other effecti'e method@
BcC !here a floor is liable to become !et in the co$rse of any man$fact$rin" process
to s$ch extent as is capable of bein" drained, effecti'e means of draina"e shall be
pro'ided and maintained@
- 17 - 17
BdC all inside !alls and partitions, all ceilin"s or tops of rooms and all !alls, sides and
tops of passa"es and staircases shall 9 BiC !here they are painted other!ise than
!ith !ashable !ater9paint or 'arnished, be repainted or re'arnished least once in
e'ery period of fi'e years@
BiaC !here they are painted !ith !ashable !ater paint, be repainted !ith at least one
coat of s$ch paint at least once in e'ery period of three years and !ashed at least
once in e'ery period of six months@
BiiC !here they are painted or 'arnished or !here they ha'e smooth imper'io$s
s$rfaces, be cleaned at least once in e'ery period of fo$rteen months by s$ch
method as may be prescribed@
BiiiC in any other case, be 6ept !hite!ashed or colo$r!ashed, and the !hite!ashin"
or colo$r!ashin" shall be carried o$t at least once in e'ery period of fo$rteen
months@
BddC all doors and !indo! frames and other !ooden or metallic frame !or6 and
sh$tters shall be 6ept painted or 'arnished and the paintin" or 'arnishin" shall be
carried o$t at least once in e'ery period of fi'e years@
BeC the dates on !hich the processes re:$ired by cla$se BdC are carried o$t shall be
entered in the prescribed re"ister0
B2C If, in 'ie! of the nat$re of the operations carried on in a factory or class or
desc583t8on of f4cto58es or any part of a factory or class or description of factories,
it is not possible for the occ$pier to comply !ith all or any of the pro'isions of s$b9
section B1C, the State ,o'ernment may by order exempt s$ch factory or class or
description of factories or part from any of the pro'isions of that s$b9section and
specify alternati'e methods for 6eepin" the factory in a clean state0
1'. $IS(OSA! OF *ASTES A#$ EFF!.E#TS. & B1C Effecti'e arran"ements shall
be made in e'ery factory for the treatment of !astes and effl$ents d$e to the
man$fact$rin" process carried on therein, so as to render them innoc$o$s, and for
their disposal0
B2C The State ,o'ernment may ma6e r$les prescribin" the arran"ements to be made
$nder s$b9section B1C or re:$irin" that the arran"ements made in accordance !ith
s$b9section B1C shall be appro'ed by s$ch a$thority as may be prescribed0
13. /E#TI!ATIO# A#$ TE%(ERAT.RE. & B1C Effecti'e and s$itable pro'ision shall
be made in e'ery factory for sec$rin" and maintainin" in e'ery !or6room 9 BaC
ade:$ate 'entilation by the circ$lation of fresh air, and
BbC s$ch a temperat$re as !ill sec$re to !or6ers therein reasonable conditions of
comfort and pre'ent inD$ry to health@ and in partic$lar, 9 BiC !alls and roofs shall be
of s$ch material and so desi"ned that s$ch temperat$re shall not be exceeded b$t
6ept as lo! as practicable@
BiiC !here the nat$re of the !or6 carried on in the factory in'ol'es, or is li6ely to
in'ol'e, the prod$ction of excessi'ely hi"h temperat$res s$ch ade:$ate meas$res as
- 18 - 18
are practicable shall be ta6en to protect the !or6ers therefrom, by separatin" the
process !hich prod$ces s$ch temperat$res from the !or6room, by ins$latin" the hot
parts or by other effecti'e means0
B2C The State ,o'ernment may prescribe a standard of ade:$ate 'entilation and
reasonable temperat$re for any factory or class or description of factories or parts
thereof and direct that > lra91 proper meas$rin" instr$ments, at s$ch places and in
s$ch position as may be specified, shall be pro'ided and s$ch records, as may be
prescribed, shall be maintained@
B3C If it appears to the Chief Inspector that excessi'ely hi"h temperat$res in any
factory can be red$ced by the adoption of s$itable meas$res, he may, !itho$t
preD$dice to the r$les made $nder s$b9section B2C, ser'e on the occ$pier, an order in
!ritin" specifyin" the meas$res !hich, in his opinion, sho$ld be adopted, and
re:$irin" them to be carried o$t before a specified date0
14. $.ST A#$ F.%E. & B1C In e'ery factory in !hich, by reason of the
man$fact$rin" process carried on, there is "i'en off any d$st or f$me or other
imp$rity of s$ch a nat$re and to s$ch an extent as is li6ely to be inD$rio$s or
offensi'e to the !or6ers employed therein, or any d$st in s$bstantial :$antities,
effecti'e meas$res shall be ta6en to pre'ent its inhalation and acc$m$lation in any
!or6room, and if any exha$st appliance is necessary for this p$rpose, it shall be
applied as near as possible to the point of ori"in of the d$st, f$me or other imp$rity,
and s$ch point shall be enclosed so far as possible0
B2C In any factory no stationary internal comb$stion en"ine shall be operated $nless
the exha$st is cond$cted into the open air, and no other internal comb$stion en"ine
shall be operated in any room $nless effecti'e meas$res ha'e been ta6en to pre'ent
s$ch acc$m$lation of f$mes therefrom as are li6ely to be inD$rio$s to !or6ers
employed in the room0
1-. ARTIFICIA! .%I$IFICATIO#. & B1C In respect of all factories in !hich the
h$midity of the air is artificially increased, the State ,o'ernment may ma6e r$les, 9
BaC prescribin" standards of h$midification@
BbC re"$latin" the methods $sed for artificially increasin" the h$midity of the air,
BcC directin" prescribed tests for determinin" the h$midity of the air to be correctly
carried o$t and recorded@
BdC prescribin" methods to be adopted for sec$rin" ade:$ate 'entilation and coolin"
of the air in the !or6rooms0
B2C In any factory in !hich the h$midity of the air is artificially increased, the !ater
$sed for the p$rpose shall be ta6en from a p$blic s$pply, or other so$rce of drin6in"
!ater, or shall be effecti'ely p$rified before it is so $sed0
B3C If it appears to an Inspector that the !ater $sed in a factory for increasin"
h$midity !hich is re:$ired to be effecti'ely p$rified $nder s$b9section B2C is not
- 19 - 19
effecti'ely p$rified he may ser'e on the mana"er of the factory an order in !ritin",
specifyin" the meas$res !hich in his opinion sho$ld be adopted, and re:$irin" them
to be carried o$t before specified date0
16. O/ERCRO*$I#,. & B1C +o room in any factory shall be o'ercro!ded to an
extent inD$rio$s to the health of the !or6ers employed therein0
B2C 7itho$t preD$dice to the "enerality of s$b9section B1C, there shall be in e'ery
!or6room of a factory in existence on the date of the commencement of this &ct at
least 202 c$bic metres and of a factory b$ilt after the commencement of this &ct at
least 102 c$bic metres or space for e'ery !or6er employed therein, and for the
p$rposes of this s$b9section no acco$nt shall be ta6en of any space !hich is more
than 02 metres abo'e the le'el of the floor of the room0
B3C If the Chief Inspector by order in !ritin" so re:$ires, there shall be posted in
each !or6room of a factory a notice specifyin" the maxim$m n$mber of !or6ers !ho
may, in compliance !ith the pro'isions of this section, be employed in the room0
BC The Chief Inspector may by order in !ritin" exempt, s$bDect to s$ch conditions, if
any, as he may thin6 fit to impose, any !or6room from the pro'isions of this section,
if he is satisfied that compliance there!ith in respect of the room is $nnecessary in
the interest of the health of the !or6ers employed therein0
10. !I,TI#,. B1C In e'ery part of a factory !here !or6ers are !or6in" or passin"
there shall be pro'ided and maintained s$fficient and s$itable li"htin", nat$ral or
artificial, or both0
B2C In e'ery factory all "la;ed !indo!s and s6yli"hts $sed for the li"htin" of the
!or6room shall be 6ept clean on both the inner and o$ter s$rfaces and, so far as
compliance !ith the pro'isions of any r$les made, $nder s$b9section B3C of section
13 !ill allo!, free from obstr$ction0
B3C In e'ery factory effecti'e pro'ision shall, so far as is practicable, be made for the
pre'ention of 9 BaC "lare, either directly from a so$rce of li"ht or by reflection from a
smooth or polished s$rface@
BbC the formation of shado!s to s$ch an extent as to ca$se eye9strain or the ris6 of
accident to any !or6er0
BC The State ,o'ernment may prescribe standards of s$fficient and s$itable li"htin"
for factories or for any class or description of factories or for any man$fact$rin"
process0
18. $RI#9I#, *ATER. & B1C In e'ery factory effecti'e arran"ements shall be
made to pro'ide and maintain at s$itable points con'eniently sit$ated for all !or6ers
employed therein a s$fficient s$pply of !holesome drin6in" !ater0
B2C &ll s$ch points shall be le"ibly mar6ed Edrin6in" !aterE in a lan"$a"e $nderstood
by a maDority of the !or6ers employed in the factory, and no s$ch point shall be
- 20 - 20
sit$ated !ithin six meters of any !ashin" place, $rinal, latrine, spittoon, open drain
carryin" s$lla"e or effl$ent or any other so$rce of contamination $nless a shorter
distance is appro'ed in !ritin" by the Chief Inspector0
B3C In e'ery factory !herein more than t!o h$ndred and fifty !or6ers are ordinarily
employed, pro'isions shall be made for coolin" drin6in" !ater d$rin" hot !eather by
effecti'e means and for distrib$tion thereof0
BC In respect of all factories or any class or description of factories the State
,o'ernment may ma6e r$les for sec$rin" compliance !ith the pro'isions of s$b9
sections B1C, B2C and B3C and for the examination by prescribed a$thorities of the
s$pply and distrib$tion of drin6in" !ater in factories0
19. !ATRI#ES A#$ .RI#A!S. 9 B1C In e'ery factory 9 BaC s$fficient latrine and
$rinal accommodation of prescribed types shall be pro'ided con'eniently sit$ated
and accessible to !or6ers at all times !hile they are at the factory@
BbC separate enclosed accommodation shall be pro'ided for male and female
!or6ers@
BcC s$ch accommodation shall be ade:$ately li"hted and 'entilated, and no latrine or
$rinal shall, $nless specially exempted in !ritin" by the Chief Inspector,
comm$nicate !ith any !or6room except thro$"h an inter'enin" open space or
'entilated passa"e@
BdC all s$ch accommodation shall be maintained in a clean and sanitary condition at
all times@
BeC s!eepers shall be employed !hose primary d$ty it !o$ld be to 6eep clean
latrines, $rinals and !ashin" places0
B2C In e'ery factory !herein more than t!o h$ndred and fifty !or6ers are ordinarily
employed 9 BaC all latrine and $rinal accommodation shall be of prescribed sanitary
types@
BbC the floors and internal !alls, $p to a hei"ht of ninety centimeters, of the latrines
and $rinals and the sanitary bloc6s shall be laid in "la;ed titles or other!ise finished
to pro'ide a smooth polished imper'io$s s$rface@
BcC !itho$t preD$dice to the pro'isions of cla$ses BdC and BeC of s$b9section B1C, the
floors, portions of the !alls and bloc6s so laid or finished and the sanitary pans of
latrines and $rinals shall be thoro$"hly !ashed and cleaned at least once in e'ery
se'en days !ith s$itable deter"ents or disinfectants or !ith both0
B3C The State ,o'ernment may prescribe the n$mber of latrines and $rinals to be
pro'ided in any factory in proportion to the n$mbers of male and female !or6ers
ordinarily employed therein, and pro'ide for s$ch f$rther matters in respect of
sanitation in factories, incl$din" the obli"ation of !or6ers in this re"ard, as it
considers necessary in the interest of the health of the !or6ers employed therein0
- 21 - 21
'1. S(ITTOO#S. & B1C In e'ery factory there shall be pro'ided a s$fficient n$mber
of spittoons in con'enient places and they shall be maintained in a clean and
hy"ienic condition0
B2C The State ,o'ernment may ma6e r$les prescribin" the type and the n$mber of
spittoons to be pro'ided and their location in any factory and pro'ide for s$ch f$rther
matters relatin" to their maintenance in a clean and hy"ienic condition0
B3C +o person shall spit !ithin the premises of a factory except in the spittoons
pro'ided for the p$rpose and a notice containin" this pro'ision and the penalty for its
'iolation shall be prominently displayed at s$itable places in the premises0
BC 7hoe'er spits in contra'ention of s$b9section B3C shall be p$nishable !ith fine
not exceedin" fi'e r$pees0
'1. FE#CI#, OF %ACI#ER). & B1C In e'ery factory the follo!in", namely, 9 BiC
e'ery mo'in" part of a prime mo'er and e'ery fly!heel connected to a prime mo'er,
!hether the prime mo'er or fly!heel is in the en"ine ho$se or not@
BiiC the headrace and tailrace of e'ery !ater9!heel and !ater t$rbine@
BiiiC any part of a stoc69bar !hich proDects beyond the head stoc6 of a lathe@ and
Bi'C $nless they are in s$ch position or of s$ch constr$ction as to be safe to e'ery
person employed in the factory as they !o$ld be if they !ere sec$rely fenced, the
follo!in", namely 9 BaC e'ery part of an electric "enerator, a motor or rotary
con'erter@
BbC e'ery part of transmission machinery@ and
BcC e'ery dan"ero$s part of any other machinery, shall be sec$rely fenced by
safe"$ards of s$bstantial constr$ction !hich shall be constantly maintained and 6ept
in position !hile the parts of machinery they are fencin" are in motion or in $se A
Pro'ided that for the p$rpose of determinin" !hether any part of machinery is in
s$ch position or is of s$ch constr$ction as to be safe as aforesaid, acco$nt shall not
be ta6en of any occasion !hen 9 BiC it is necessary to ma6e an examination of any
part of the machinery aforesaid !hile it is in motion or, as a res$lt of s$ch
examination, to carry o$t l$brication or other adD$stin" operation !hile the
machinery is in motion, bein" an examination or operation !hich it is necessary to be
carried o$t !hile that part of the machinery is in motion, or
BiiC in the case of any part of a transmission machinery $sed in s$ch process as may
be prescribed Bbein" a process of a contin$o$s nat$re the carryin" on of !hich shall
be, or is li6ely to be, s$bstantially interfered !ith by the stoppa"e of that part of the
machineryC, it is necessary to ma6e an examination of s$ch part of the machinery
!hile it is in motion or, as a res$lt of s$ch examination, to carry o$t any mo$ntin" or
shippin" of belts or l$brication or other adD$stin" operation !hile the machinery is in
motion, and s$ch examination or operation is made or carried o$t in accordance !ith
the pro'isions of s$b9section B1C of section 220
- 22 - 22
B2C The State ,o'ernment may by r$les prescribe s$ch f$rther preca$tions as it may
consider necessary in respect of any partic$lar machinery or part thereof, or exempt,
s$bDect to s$ch condition as may be prescribed, for sec$rin" the safety of the
!or6ers, any partic$lar machinery or part thereof from the pro'isions of this section0
''. *OR9 O# OR #EAR %ACI#ER) I# %OTIO#. & B1C 7here in any factory it
becomes necessary to examine any part of machinery referred to in section 21, !hile
the machinery is in motion, or, as a res$lt of s$ch examination, to carry o$t 9 BaC in a
case referred to in cla$se BiC of the pro'iso to s$b9section B1C of section 21,
l$brication or other adD$stin" operation@ or
BbC in a case referred to in cla$se BiiC of the pro'iso aforesaid, any mo$ntin" or
shippin" of belts or l$brication or other adD$stin" operation, !hile the machinery is in
motion s$ch examination or operation shall be made or carried o$t only by a
specially trained ad$lt male !or6er !earin" ti"ht fittin" clothin" B!hich shall be
s$pplied by the occ$pierC !hose name has been recorded in the re"ister prescribed
in this behalf and !ho has been f$rnished !ith a certificate of his appointment, and
!hile he is so en"a"ed, 9 BaC s$ch !or6er shall not handle a belt at a mo'in" p$lley
$nless 9 BiC the belt is not more than fifteen centimeters in !idth@
BiiC the p$lley is normally for the p$rpose of dri'e and not merely a fly9!heel or
balance !heel Bin !hich case a belt is not permissibleC@
BiiiC the belt Doint is either laced or fl$sh !ith the belt@
Bi'C the belt, incl$din" the Doint and the p$lley rim, are in "ood repair@
B'C there is reasonable clearance bet!een the p$lley and any fixed plant or
str$ct$re@
B'iC sec$re foothold and, !here necessary, sec$re handhold, are pro'ided for the
operator@ and
B'iiC any ladder in $se for carryin" o$t any examination or operation aforesaid is
sec$rely fixed or lashed or is firmly held by a second person0
BbC !itho$t preD$dice to any other pro'ision of this &ct relatin" to the fencin" of
machinery, e'ery set scre!, bolt and 6ey on any re'ol'in" shaft, spindle, !heel or
pinion, and all sp$r, !orm and other toothed or friction "earin" in motion !ith !hich
s$ch !or6er !o$ld other!ise be liable to come into contact, shall be sec$rely fenced
to pre'ent s$ch contact0
B2C +o !oman or yo$n" person shall be allo!ed to clean, l$bricate or adD$st any part
of a prime mo'er or of any transmission machinery !hile the prime mo'er or
transmission machinery is in motion, or to clean, l$bricate or adD$st any part of any
machine if the cleanin", l$brication or adD$stment thereof !o$ld expose the !oman
or yo$n" person to ris6 of inD$ry from any mo'in" part either of that machine or of
any adDacent machinery0
- 23 - 23
B3C The State ,o'ernment may, by notification in the official0 ,a;ette, prohibit, in
any specified factory or class or description of factories, the cleanin", l$bricatin" or
adD$stin" by any person of specified parts of machinery !hen those parts are in
motion0
'3. E%(!O)%E#T OF )O.#, (ERSO#S O# $A#,ERO.S %ACI#ES. & B1C +o
yo$n" person shall be re:$ired or allo!ed to !or6 at any machine to !hich this
section applies, $nless he has been f$lly instr$cted as to the dan"ers arisin" in
connection !ith the machine and the preca$tions to be obser'ed and 9 BaC has
recei'ed s$fficient trainin" in !or6 at the machine, or
BbC is $nder ade:$ate s$per'ision by a person !ho has a thoro$"h 6no!led"e and
experience of the machine0 B2C S$b9section B1C shall apply to s$ch machines as may
be prescribed by the State ,o'ernment, bein" machines !hich in its opinion are of
s$ch a dan"ero$s character that yo$n" persons o$"ht not to !or6 at them $nless the
fore"oin" re:$irements are complied !ith0
'4. STRI9I#, ,EAR A#$ $E/ICES FOR C.TTI#, OFF (O*ER. & B1C In e'ery
factory 9 BaC s$itable stri6in" "ear or other efficient mechanical appliance shall be
pro'ided and maintained and $sed to mo'e dri'in" belts to and from fast and loose
p$lleys !hich form part of the transmission machinery, s$ch "ear or appliances shall
be so constr$cted, placed and maintained as to pre'ent the belt from creepin" bac6
on to the fast p$lley@
BbC dri'in" belts !hen not in $se shall not be allo!ed to rest or ride $pon shaftin" in
motion0
B2C In e'ery factory s$itable de'ices for c$ttin" off po!er in emer"encies from
r$nnin" machinery shall be pro'ided and maintained in e'ery !or69roomA
Pro'ided that in respect of factories in operation before the commencement of this
&ct, the pro'isions of this s$b9section shall apply only to !or69rooms in !hich
electricity is $sed as po!er0
B3C 7hen a de'ice, !hich can inad'ertently shift from EoffE to EonE position, is
pro'ided in a factory to c$t off po!er, arran"ements shall be pro'ided for loc6in" the
de'ice in safe position to pre'ent accidental startin" of the transmission machinery
or other machines to !hich the de'ice is fitted0
'-. SE!F&ACTI#, %ACI#ES. & +o tra'ersin" part of a self9actin" machine in any
factory and no material carried thereon shall, if the space o'er !hich it r$ns is a
space o'er !hich any person is liable to pass, !hether in the co$rse of his
employment or other!ise, be allo!ed to r$n on its o$t!ard or in!ard tra'erse !ithin
a distance of forty9fi'e centimeters from any fixed str$ct$re !hich is not part of the
machine A
Pro'ided that the Chief Inspector may permit the contin$ed $se of a machine
installed before the commencement of this &ct !hich does not comply !ith the
re:$irements of this section on s$ch conditions for ens$rin" safety as he may thin6
fit to impose0
- 24 - 24
'6. CASI#, OF #E* %ACI#ER). & B1C In all machinery dri'en by po!er and
installed in any factory after the commencement of this &ct, 9 BaC e'ery set scre!,
bolt or 6ey on any re'ol'in" shaft, spindle, !heel pinion shall be so s$n6, encased or
other!ise effecti'ely "$arded as to pre'ent dan"er@
BbC all sp$r, !orm and other toothed or friction "earin" !hich does not re:$ire
fre:$ent adD$stment !hile in motion shall be completely encased, $nless it is so
sit$ated as to be as safe as it !o$ld be if it !ere completely encased0
B2C 7hoe'er sells or lets on hire or, as a"ent of a seller or hirer, ca$ses or proc$res
to be sold on let or hire, for $se in a factory any machinery dri'en by po!er !hich
does not comply !ith the pro'isions of S$b9section B1C or any r$les made $nder s$b9
section B3C, shall be p$nishable !ith imprisonment for a term !hich may extend to
three months or !ith fine !hich may extend to fi'e h$ndred r$pees or !ith both0
B3C The State ,o'ernment may ma6e r$les specifyin" f$rther safe"$ards to be
pro'ided in respect of any other dan"ero$s part of any partic$lar machine or class or
description of machines0
'0. (ROI+ITIO# OF E%(!O)%E#T OF *O%E# A#$ CI!$RE# #EAR
COTTO#&O(E#ERS. & +o !oman or child shall be employed in any part of a factory
for pressin" cotton in !hich a cotton9opener is at !or6 A
Pro'ided that if the feed9end of a cotton9opener is in a room separated from the
deli'ery end by a partition extendin" to the roof or to s$ch hei"ht as the Inspector
may in any partic$lar case specify in !ritin", !omen and children may be employed
on the side of the partition !here the feed9end is sit$ated0
'8. OISTS A#$ !IFTS. & B1C In e'ery factory 9 BaC e'ery hoist and lift shall be 9
BiC of "ood mechanical constr$ction, so$nd material and ade:$ate stren"th@
BiiC properly maintained, and shall be thoro$"hly examined by a competent person at
least once in e'ery period of six months, and a re"ister shall be 6ept containin" the
prescribed partic$lars of e'ery s$ch examination@
BbC e'ery hoist!ay and lift!ay shall be s$fficiently protected by an enclos$re fitted
!ith "ates, and the hoist or lift and e'ery s$ch enclos$re shall be so constr$cted as
to pre'ent any person or thin" from bein" trapped bet!een any part of the hoist or
lift and any fixed str$ct$re or mo'in" part@
BcC the maxim$m safe !or6in" load shall be plainly mar6ed on e'ery hoist or lift, and
no load "reater than s$ch load shall be carried thereon@
BdC the ca"e of e'ery hoist or lift $sed for carryin" persons shall be fitted !ith a "ate
on each side from !hich access is afforded to a landin"@
- 25 - 25
BeC e'ery "ate referred to in cla$se BbC or cla$se BaC shall be fitted !ith interloc6in"
or other efficient de'ice to sec$re that the "ate cannot be opened except !hen the
ca"e is at the landin" and that the ca"e cannot be mo'ed $nless the "ate is closed0
B2C The follo!in" additional re:$irements shall apply to hoists and lifts $sed for
carryin" persons and installed or reconstr$cted in a factory after the commencement
of this &ct, namely A BaC !here the ca"e is s$pported by rope or chain, there shall be
at least t!o ropes or chains separately connected !ith the ca"e and balance !ei"ht,
and each rope or chain !ith its attachments shall be capable of carryin" the !hole
!ei"ht of the ca"e to"ether !ith its maxim$m load@
BbC efficient de'ices shall be pro'ided and maintained capable of s$pportin" the ca"e
to"ether !ith its maxim$m load in the e'ent of brea6a"e of the ropes, chains or
attachments@
BcC an efficient a$tomatic de'ice shall be pro'ided and maintained to pre'ent the
ca"e from o'er9r$nnin"0
B3C The Chief Inspector may permit the contin$ed $se of a hoist or lift installed in a
factory before the commencement of this &ct !hich does not f$lly comply !ith the
pro'isions of s$b9section B1C $pon s$ch conditions for ens$rin" safety as he may
thin6 fit to impose0
BC The State ,o'ernment may, if in respect of any class or description of hoist or
lift, it is of opinion that it !o$ld be $nreasonable to enforce any re:$irement of s$b9
sections0 B1C and B2C, by order direct that s$ch re:$irement shall not apply to s$ch
class or description of hoist or lift0
Explanation A )or the p$rposes of this section, no liftin" machine or appliance shall
be deemed to be a hoist or lift $nless it has a platform or ca"e, the direction or
mo'ement of !hich is restricted by a "$ide or "$ides0
'9. !IFTI#, %ACI#ES, CAI#S, RO(ES A#$ !IFTI#, TAC9!ES. & B1C In any
factory the follo!in" pro'isions shall be complied !ith in respect of e'ery liftin"
machine Bother than a hoist and liftC and e'ery chain, rope and liftin" tac6le for the
p$rpose of raisin" or lo!erin" persons, "oods or materials A9 BaC all parts, incl$din"
the !or6in" "ear, !hether fixed or mo'able, of e'ery liftin" machine and e'ery
chain, rope or liftin" tac6le shall be 9 BiC of "ood constr$ction, so$nd material and
ade:$ate stren"th and free from defects@
BiiC properly maintained@ and
BiiiC thoro$"hly examined by a competent person at least once in e'ery period of
t!el'e months, or at s$ch inter'als as the Chief Inspector may specify in !ritin", and
a re"ister shall be 6ept containin" the prescribed partic$lars of e'ery s$ch
examination@
BbC no liftin" machine and no chain, rope or liftin" tac6le shall, except for the
p$rpose of test, be loaded beyond the safe !or6in" load !hich shall be plainly
mar6ed thereon to"ether !ith an identification mar6 and d$ly entered in the
- 26 - 26
prescribed re"ister, and !here this is not practicable, a table sho!in" the safe
!or6in" loads of e'ery 6ind and si;e of liftin" machine or, chain, rope or liftin" tac6le
in $se shall be displayed in prominent positions on the premises@
BcC !hile any person is employed or !or6in" on or near the !heel trac6 of a
tra'ellin" crane in any place !here he !o$ld be liable to be str$c6 by the crane,
effecti'e meas$res shall be ta6en to ens$re that the crane does not approach !ithin
> lra9%% six metres lra9%% ? of that place0
B2C The State ,o'ernment may ma6e r$les in respect of any liftin" machine or any
chain, rope or liftin" tac6le $sed in factories 9 BaC prescribin" f$rther re:$irements to
be complied !ith in addition to those set o$t in this section@
BbC pro'idin" for exemption from compliance !ith all or any of the re:$irements of
this section, !here in its opinion, s$ch compliance is $nnecessary or impracticable0
B3C )or the p$rposes of this section a liftin" machine or a chain, rope or liftin" tac6le
shall be deemed to ha'e been thoro$"hly examined if a 'is$al examination
s$pplemented, if necessary, by other means and by the dismantlin" of parts of the
"ear, has been carried o$t as caref$lly as the conditions permit in order to arri'e at a
reliable concl$sion as to the safety of the parts examined0 Explanation A In this
section, 9 BaC Eliftin" machineE means a crane, crab, !inch, tea"le, p$lley bloc6, "in
!heel, transporter or r$n!ay@
BbC Eliftin" tac6leE means any chain, slin", rope slin", hoo6, shac6le, s!i'el, co$plin",
soc6et, clamp, tray or similar appliance, !hether fixed or mo'able, $sed in
connection !ith the raisin" or lo!erin" of persons, or loads by $se of liftin"
machines0
31. RE/O!/I#, %ACI#ER). & B1C In e'ery factory in !hich the process of
"rindin" is carried on there shall be permanently affixed to or placed near each
machine in $se a notice indicatin" the maxim$m safe !or6in" peripheral speed of
e'ery "rindstone or abrasi'e !heel, the speed of the shaft or spindle $pon !hich the
!heel is mo$nted, and the diameter of the p$lley $pon s$ch shaft or spindle
necessary to sec$re s$ch safe !or6in" peripheral speed0
B2C The speeds indicated in notices $nder s$b9section B1C shall not be exceeded0
B3C Effecti'e meas$res shall be ta6en in e'ery factory to ens$re that the safe
!or6in" peripheral speed of e'ery re'ol'in" 'essel, ca"e, bas6et, fly!heel, p$lley,
disc or similar appliance dri'en by po!er is not exceeded0
31. (RESS.RE (!A#T. & B1C If in any factory, any plant or machinery or any part
thereof is operated at a press$re abo'e atmospheric press$re, effecti'e meas$res
shall be ta6en to ens$re that the safe !or6in" press$re of s$ch plant or machinery or
part is not exceeded0
B2C The State ,o'ernment may ma6e r$les pro'idin" for the examination and testin"
of any plant or machinery s$ch as is referred to in s$b9section B1C and prescribin"
- 27 - 27
s$ch other safety meas$res in relation thereto as may in its opinion be necessary in
any factory or class or description of factories0
B3C The State ,o'ernment may, by r$les, exempt, s$bDect to s$ch conditions as may
be specified therein, any part of any plant or machinery referred to in s$b9section B1C
from the pro'isions of this section0
3'. F!OORS, STAIRS A#$ %EA#S OF ACCESS. & In e'ery factory 9 BaC all floors,
steps, stairs, passa"es and "an"!ays shall be of so$nd constr$ction and properly
maintained and shall be 6ept free from obstr$ctions and s$bstances li6ely to ca$se
persons to slip, and !here it is necessary to ens$re safety, steps, stairs, passa"es
and "an"!ays shall be pro'ided !ith s$bstantial handrails@
BbC there shall, so far as is reasonably practicable, be pro'ided and maintained safe
means of access to e'ery place at !hich any person is at any time re:$ired to !or60
BcC !hen any person has to !or6 at a hei"ht from !here he is li6ely to fall, pro'ision
shall be made, so far as is reasonably practicable, by fencin" or other!ise, to ens$re
the safety of the person so !or6in"0
33. (ITS, S.%(S, O(E#I#,S I# F!OORS, ETC. & B1C In e'ery factory fixed
'essel, s$mp, tan6, pit or openin" in the "ro$nd or in a floor !hich, by reasons of its
depth, sit$ation, constr$ction or contents, is or may be a so$rce of dan"er, shall be
either sec$rely co'ered or sec$rely fenced0
B2C The State ,o'ernment may, by order in !ritin", exempt, s$bDect to s$ch
conditions as may be prescribed, any factory or class or description of factories in
respect of any 'essel, s$mp, tan6, pit or openin" from compliance !ith the
pro'isions of this section0
34. E"CESSI/E *EI,TS. & B1C +o person shall be employed in any factory to lift,
carry or mo'e any load so hea'y as to be li6ely to ca$se him inD$ry0
B2C The State ,o'ernment may ma6e r$les prescribin" the maxim$m !ei"hts !hich
may be lifted, carried or mo'ed by ad$lt men, ad$lt !omen, adolescents and
children employed in factories or in any class or description of factories or in carryin"
on any specified process0
3-. (ROTECTIO# OF E)ES. & In respect of any s$ch man$fact$rin" process carried
on in any factory as may be prescribed, bein" a process !hich in'ol'es 9 BaC ris6 of
inD$ry to the eyes from particles or fra"ments thro!n off in the co$rse of the
process, or
BbC ris6 to the eyes by reason of expos$re to excessi'e li"ht, the State ,o'ernment
may by r$les re:$ire that effecti'e screens or s$itable "o""les shall be pro'ided for
the protection of persons employed on, or in the immediate 'icinity of, the process0
- 28 - 28
36. (RECA.TIO#S A,AI#ST $A#,ERO.S F.%ES, ,ASES, ETC. & B1C +o person
shall be re:$ired or allo!ed to enter any chamber, tan6, 'at, pit, pipe, fl$e or other
confined space in any factory in !hich any "as, f$me, 'apo$r or d$st is li6ely to be
present to s$ch an extent as to in'ol'e ris6 to persons bein" o'ercome thereby,
$nless it is pro'ided !ith a manhole of ade:$ate si;e or other effecti'e means of
e"ress0
B2C +o person shall be re:$ired or allo!ed to enter any confined space as is referred
to in s$b9section B1C, $ntil all practicable meas$res ha'e been ta6en to remo'e any
"as, f$me, 'apo$r or d$st, !hich may be present so as to brin" its le'el !ithin the
permissible limits and to pre'ent any in"ress of s$ch "as, f$me, 'apo$r or d$st and
$nless 9 BaC a certificate in !ritin" has been "i'en by a competent person, based on
a test carried o$t by himself that the space is reasonably free from dan"ero$s "as,
f$me, 'apo$r or d$st@ or
BbC s$ch person is !earin" s$itable breathin" apparat$s and a belt sec$rely attached
to a rope the free end of !hich is held by a person o$tside the confined space0
36A. (RECA.TIO#S RE,AR$I#, TE .SE OF (ORTA+!E E!ECTRIC !I,T. &
In any factory 9 BaC no portable electric li"ht or any other electric appliance of
'olta"e exceedin" t!enty9fo$r 'olts shall be permitted for $se inside any chamber,
tan6, 'at, pit, pipe, fl$e or other confined space $nless ade:$ate safety de'ices are
pro'ided@ and
BbC if any inflammable "as, f$me or d$st is li6ely to be present in s$ch chamber,
tan6, 'at, pit, pipe, fl$e or other confined space, no lamp or li"ht other than that of
flame9proof constr$ction shall be permitted to be $sed therein0
30. E"(!OSI/E OR I#F!A%%A+!E $.ST, ,AS, ETC. & B1C 7here in any factory
any man$fact$rin" process prod$ces d$st, "as, f$me or 'apo$r of s$ch character
and to s$ch extent as to be li6ely to explode to i"nition, all practicable meas$res
shall be ta6en to pre'ent any s$ch explosion by 9 BaC effecti'e enclos$re of the plant
or machinery $sed in the process@
BbC remo'al or pre'ention of the acc$m$lation of s$ch d$st, "as, f$me or 'apo$r@
BcC excl$sion or effecti'e enclos$re of all possible so$rces of i"nition0
B2C 7here in any factory the plant or machinery $sed in a process s$ch as is referred
to in s$b9section B1C is not so constr$cted as to !ithstand the probable press$re
!hich s$ch an explosion as aforesaid !o$ld prod$ce, all practicable meas$res shall
be ta6en to restrict the spread and effects of the explosion by the pro'isions in the
plant or machinery of cho6es, baffles, 'ents or other effecti'e appliances0
B3C 7here any part of the plant or machinery in a factory contains any explosi'e or
inflammable "as or 'apo$r $nder press$re "reater than atmospheric press$re, that
part shall not be opened except in accordance !ith the follo!in" pro'isions,
namely A9 BaC before the fastenin" of any Doint of any pipe connected !ith the part of
the fastenin" of the co'er of any openin" into the part is loosened, any flo! of the
- 29 - 29
"as or 'apo$r into the part of any s$ch pipe shall be effecti'ely stopped by a stop
'al'e or other means@
BbC before any s$ch fastenin" as aforesaid is remo'ed, all practicable meas$res shall
be ta6en to red$ce the press$re of the "as or 'apo$r in the part or pipe to
atmospheric press$re@
BcC !here any s$ch fastenin" as aforesaid has been loosened or remo'ed effecti'e
meas$res shall be ta6en to pre'ent any explosi'e or inflammable "as or 'apo$r from
enterin" the part of pipe $ntil the fastenin" has been sec$red, or, as the case may
be, sec$rely replaced A Pro'ided that the pro'isions of this s$b9section shall not
apply in the case of plant or machinery installed in the open air0
BC +o plant, tan6 or 'essel !hich contains or has contained any explosi'e or
inflammable s$bstance shall be s$bDected in any factory to any !eldin", bra;in",
solderin" or c$ttin" operation !hich in'ol'es the application of heat $nless ade:$ate
meas$res ha'e first been ta6en to remo'e s$ch s$bstance and any f$mes arisin"
therefrom or to render s$ch s$bstance and f$mes non9explosi'e or non9inflammable,
and no s$ch s$bstance shall be allo!ed to enter s$ch plant, tan6 or 'essel after any
s$ch operation $ntil the metal has cooled s$fficiently to pre'ent any ris6 of i"nitin"
the s$bstance0
B#C The State ,o'ernment may by r$les exempt, s$bDect to s$ch conditions as may
be prescribed, any factory or class or description of factories from compliance !ith all
or any of the pro'isions of this section0
38. (RECA.TIO#S I# CASE OF FIRE. & B1C In e'ery factory, all practicable
meas$res shall be ta6en to pre'ent o$tbrea6 of fire and its spread, both internally
and externally, and to pro'ide and maintain 9 BaC safe means of escape for all
persons in the e'ent of a fire, and BbC the necessary e:$ipment and facilities for
extin"$ishin" fire0
B2C Effecti'e meas$res shall be ta6en to ens$re that in e'ery factory all the !or6ers
are familiar !ith the means of escape in case of fire and ha'e been ade:$ately
trained in the ro$tine to be follo!ed in s$ch cases0
B3C The State ,o'ernment may ma6e r$les, in respect of any factory or class or
description of factories, re:$irin" the meas$res to be adopted to "i'e effect to the
pro'isions of s$b9sections B1C and B2C0
BC +ot!ithstandin" anythin" contained in cla$se BaC of s$b9section B1C or s$b9
section B2C, if the Chief Inspector, ha'in" re"ard to the nat$re of the !or6 carried on
in any factory, the constr$ction of s$ch factory, special ris6 to life or safety, or any
other circ$mstances, is of the opinion that the meas$res pro'ided in the factory,
!hether as prescribed or not, for the p$rposes of cla$se BaC of s$b9section B1C or
s$b9section B2C, are inade:$ate, he may, by, order in !ritin", re:$ire that s$ch
additional meas$res as he may consider reasonable and necessary, be pro'ided in
the factory before s$ch date as is specified in the order0
39. (O*ER TO RE:.IRE S(ECIFICATIO#S OF $EFECTI/E (ARTS OR TESTS
OF STA+I!IT). & If it appears to the Inspector that any b$ildin" or part of a b$ildin"
- 30 - 30
or any part of the !ays, machinery or plant in a factory is in s$ch a condition that it
may be dan"ero$s to h$man life or safety, he may ser'e on the occ$pier or mana"er
or both of the factory an order in !ritin" re:$irin" him before a specified date 9 BaC
to f$rnish s$ch dra!in"s, specifications and other partic$lars as may be necessary to
determine !hether s$ch b$ildin", !ays, machinery or plant can be $sed !ith safety,
or
BbC to carry o$t s$ch test in s$ch manner as may be specified in the order, and to
inform the Inspector of the res$lts thereof0
41. SAFET) OF +.I!$I#,S A#$ %ACI#ER). & B1C If it appears to the Inspector
that any b$ildin" or part of a b$ildin" or any part of the !ays, machinery or plant in
a factory is in s$ch a condition that it is dan"ero$s to h$man life or safety, he may
ser'e on the occ$pier or mana"er or both of the factory an order in !ritin" specifyin"
the meas$res !hich in his opinion sho$ld be adopted, and re:$irin" them to be
carried o$t before a specified date0
B2C If it appears to the Inspector that the $se of any b$ildin" or part of a b$ildin" or
any part of the !ays, machinery or plant in a factory in'ol'es imminent dan"er to
h$man life or safety, he may ser'e on the occ$pier or mana"er or both of the factory
an order in !ritin" prohibitin" its $se $ntil it has been properly repaired or altered0
41A. %AI#TE#A#CE OF +.I!$I#,S. & If it appears to the Inspector that any
b$ildin" or part of a b$ildin" in a factory is in s$ch a state of disrepair as is li6ely to
lead to conditions detrimental to the health and !elfare of the !or6ers, he may ser'e
on the occ$pier or mana"er or both of the factory an order in !ritin" specifyin"
the meas$res !hich in his opinion sho$ld be ta6en and re:$irin" the same to be
carried o$t before s$ch date as is specified in the order0
41+. SAFET) OFFICERS. & B1C In e'ery factory, 9 BiC !herein one tho$sand or more
!or6ers are ordinarily employed, or
BiiC !herein, in the opinion of the State ,o'ernment, any man$fact$rin" process or
operation is carried on, !hich process or operation in'ol'es any ris6 of bodily inD$ry,
poisonin" or disease, or any other ha;ard to health, to the persons employed in the
factory, the occ$pier shall, if so re:$ired by the State ,o'ernment by notification in
the -fficial ,a;ette, employ s$ch n$mber of Safety -fficers as may be specified in
that notification0
B2C The d$ties, :$alifications and conditions of ser'ice of Safety -fficers shall be s$ch
as may be prescribed by the State ,o'ernment0
41 (O*ER TO %A9E R.!E TO S.((!E%E#T TIS CA(TER. & The State
,o'ernment may ma6e r$les re:$irin" the pro'ision in any factory or in any class or
description of factories of s$ch f$rther de'ices and meas$res for sec$rin" the safety
of persons employed therein as it may deem necessary0
41A. CO#STIT.TIO# OF SITE A((RAISA! CO%%ITTEES. & B1C The State
,o'ernment may, for p$rposes of ad'isin" it to consider applications for "rant of
permission for the initial location of a factory in'ol'in" a ha;ardo$s process or for the
- 31 - 31
expansion of any s$ch factory, appoint a Site &ppraisal Committee consistin" of 9 BaC
the Chief Inspector of the State !ho shall be its Chairman@
BbC a representati'e of the Central .oard for the Pre'ention and Control of 7ater
Poll$tion appointed by the Central ,o'ernment $nder section 3 of the 7ater
BPre'ention and Control of Poll$tionC &ct, 12* B% of 12*C@
BcC a representati'e of the Central .oard for the Pre'ention and Control of &ir
Poll$tion referred to in section 3 of the &ir BPre'ention and Control of Poll$tionC &ct,
1211 B1 of 1211C@
BdC a representati'e of the State .oard appointed $nder section of the 7ater
BPre'ention and Control of Poll$tionC &ct, 12* B% of 12*C@
BeC a representati'e of the State .oard for the Pre'ention and Control of &ir Poll$tion
referred to in section # of the &ir BPre'ention and Control of Poll$tionC &ct, 1211 B1
of 1211C@
BfC a representati'e of the Department of En'ironment in the State@
B"C a representati'e of the /eteorolo"ical Department of the ,o'ernment of India@
BhC an expert in the field of occ$pational health@ and
BiC a representati'e of the To!n Plannin" Department of the State ,o'ernment, and
not more than fi'e other members !ho may be co9opted by the State ,o'ernment
!ho shall be 9 BiC a scientist ha'in" specialised 6no!led"e of the ha;ardo$s process
!hich !ill be in'ol'ed in the factory,
BiiC a representati'e of the local a$thority !ithin !hose D$risdiction the factory is to
be established, and BiiiC not more than three other persons as deemed fit by the
State ,o'ernment0
B2C The Site &ppraisal Committee shall examine an application for the establishment
of a factory in'ol'in" ha;ardo$s process and ma6e its recommendation to the State
,o'ernment !ithin a period of ninety days of the receipt of s$ch applications in the
prescribed form0
B3C 7here any process relates to a factory o!ned or controlled by the Central
,o'ernment or to a corporation or a company o!ned or controlled by the Central
,o'ernment, the State ,o'ernment shall co9opt in the Site &ppraisal Committee a
representati'e nominated by the Central ,o'ernment as a member of that
Committee0
BC The Site &ppraisal Committee shall ha'e po!er to call for any information from
the person ma6in" an application for the establishment or expansion of a factory
in'ol'in" a ha;ardo$s process0
- 32 - 32
B#C 7here the State ,o'ernment has "ranted appro'al to an application for the
establishment or expansion of a factory in'ol'in" ha;ardo$s process, it shall not be
necessary for an applicant to obtain a f$rther appro'al from the Central .oard or the
State .oard established $nder the 7ater BPre'ention and Control of Poll$tionC &ct
12* B% of 12*C and the &ir BPre'ention and Control of Poll$tionC &ct, 1211 B1 of
1211C0
41+. CO%(.!SOR) $ISC!OS.RE OF I#FOR%ATIO# +) TE OCC.(IER. & B1C
The occ$pier of e'ery factory in'ol'in" a ha;ardo$s process shall disclose in the
manner prescribed all information re"ardin" dan"ers, incl$din" health ha;ards and
the meas$res to o'ercome s$ch ha;ards arisin" from the expos$re to or handlin" of
the materials or s$bstances in the man$fact$re, transportation, stora"e and other
processes, to the !or6ers employed in the factory, the Chief Inspector, the local
a$thority !ithin !hose D$risdiction the factory is sit$ate and the "eneral p$blic in the
'icinity0
B2C The occ$pier shall, at the time of re"isterin" the factory in'ol'in" a ha;ardo$s
process, lay do!n a detailed policy !ith respect to the health and safety of the
!or6ers employed therein and intimate s$ch policy to the Chief Inspector and the
local a$thority and, thereafter, at s$ch inter'als as may be prescribed, inform the
Chief Inspector and the local a$thority of any chan"e made in the said policy
B3C The information f$rnished $nder s$b9section B1C shall incl$de acc$rate
information as to the :$antity, specifications and other characteristics of !astes and
the manner of their disposal0
BC E'ery occ$pier shall, !ith the appro'al of the Chief Inspector, dra! $p an on9site
emer"ency plan and detailed disaster control meas$res for his factory and ma6e
6no!n to the !or6ers employed therein and to the "eneral p$blic li'in" in the 'icinity
of the factory the safety meas$res re:$ired to be ta6en in the e'ent of an accident
ta6in" place0
B#C E'ery occ$pier of a factory shall, 9 BaC if s$ch factory en"a"ed in a ha;ardo$s
process on the commencement of the )actories B&mendmentC &ct, 121* B2 of 121*C,
!ithin a period of thirty days of s$ch commencement@ and BbC if s$ch factory
proposes to en"a"e in a ha;ardo$s process at any time after s$ch commencement,
!ithin a period of thirty days before the commencement of s$ch process, inform the
Chief Inspector of the nat$re and details of the process in s$ch form and in s$ch
manner as may be prescribed0
B%C 7here any occ$pier of a factory contra'enes the pro'isions of s$b9section B#C,
the licence iss$ed $nder section % to s$ch factory shall, not!ithstandin" any penalty
to !hich the occ$pier of factory shall be s$bDected to $nder the pro'isions of this &ct,
be liable for cancellation0
B*C The occ$pier of a factory in'ol'in" a ha;ardo$s process shall, !ith the pre'io$s
appro'al of the Chief Inspector, lay do!n meas$res for the handlin", $sa"e,
transportation and stora"e of ha;ardo$s s$bstances inside the factory premises and
the disposal of s$ch s$bstances o$tside the factory premises and p$blicise them in
- 33 - 33
the manner prescribed amon" the !or6ers and the "eneral p$blic li'in" in the
'icinity0
41C. S(ECIFIC RES(O#SI+I!IT) OF TE OCC.(IER I# RE!ATIO# TO
A;AR$O.S (ROCESSES. & E'ery occ$pier of a factory in'ol'in" any ha;ardo$s
process shall 9 BaC maintain acc$rate and $p9to9date health records or, as the case
may be, medical records, of the !or6ers in the factory !ho are exposed to any
chemical, toxic or any other harmf$l s$bstances !hich are man$fact$red, stored,
handled or transported and s$ch records shall be accessible to the !or6ers s$bDect to
s$ch conditions as may be prescribed@
BbC appoint persons !ho possess :$alifications and experience in handlin" ha;ardo$s
s$bstances and are competent to s$per'ise s$ch handlin" !ithin the factory and to
pro'ide at the !or6in" place all the necessary facilities for protectin" the !or6ers in
the manner prescribed A Pro'ided that !here any :$estion arises as to the
:$alifications and experience of a person so appointed, the decision of the Chief
Inspector shall be final@
BcC pro'ide for medical examination of e'ery !or6er 9 BiC before s$ch !or6er is
assi"ned to a Dob in'ol'in" the handlin" of, or !or6in" !ith, a ha;ardo$s s$bstance,
and
BiiC !hile contin$in" in s$ch Dob, and after he has ceased to !or6 in s$ch Dob, at
inter'als not exceedin" t!el'e months, in s$ch manner as may be prescribed0
41$. (O*ER OF CE#TRA! ,O/ER#%E#T TO A((OI#T I#:.IR) CO%%ITTEE.
& B1C The Central ,o'ernment may, in the e'ent of the occ$rrence of an
extraordinary sit$ation in'ol'in" a factory en"a"ed in a ha;ardo$s process, appoint
an In:$iry Committee to in:$ire into the standards of health and safety obser'ed in
the factory !ith a 'ie! to findin" o$t the ca$ses of any fail$re or ne"lect in the
adoption of any meas$res or standards prescribed for the health and safety of the
!or6ers employed in the factory or the "eneral p$blic affected, or li6ely to be
affected, d$e to s$ch fail$re or ne"lect and for the pre'ention and rec$rrence of s$ch
extraordinary sit$ations in f$t$re in s$ch factory or else!here0
B2C The Committee appointed $nder s$b9section B1C shall consist of a chairman and
t!o other members and the terms of reference of the Committee and the ten$re of
office of its members shall be s$ch as may be determined by the Central ,o'ernment
accordin" to the re:$irements of the sit$ation0
B3C The recommendations of the Committee shall be ad'isory in nat$re0
41E. E%ER,E#C) STA#$AR$S. & B1C 7here the Central ,o'ernment is satisfied
that no standards of safety ha'e been prescribed in respect of a ha;ardo$s process
or class of ha;ardo$s processes, or !here the standards so prescribed are
inade:$ate, it may direct the Director9,eneral of )actory &d'ice Ser'ice and (abo$r
Instit$tes or any instit$tion specialised in matters relatin" to standards of safety in
ha;ardo$s processes, to lay do!n emer"ency standards for enforcement of s$itable
standards in respect of s$ch ha;ardo$s processes0
- 34 - 34
B2C The emer"ency standards laid do!n $nder s$b9section B1C shall, $ntil they are
incorporated in the r$les made $nder this &ct, be enforceable and ha'e the same
effect as if they had been incorporated in the r$les made $nder this &ct0
41F. (ER%ISSI+!E !I%ITS OF E"(OS.RE OF CE%ICA! A#$ TO"IC
S.+STA#CES. & B1C The maxim$m permissible threshold limits of expos$re of
chemical and toxic s$bstances in man$fact$rin" processes B!hether ha;ardo$s or
other!iseC in any factory shall be of the 'al$e indicated in the Second Sched$le0
B2C The Central ,o'ernment may, at any time, for the p$rpose of "i'in" effect to any
scientific proof obtained from specialised instit$tions or experts in the field,, by
notification in the -fficial ,a;ette, ma6e s$itable chan"es in the said Sched$le0
41,. *OR9ERS< (ARTICI(ATIO# I# SAFET) %A#A,E%E#T. B1C The occ$pier
shall, in e'ery factory !here a ha;ardo$s process ta6es place, or !here ha;ardo$s
s$bstances are $sed or handled, set $p a Safety Committee consistin" of e:$al
n$mber of representati'es of !or6ers and mana"ement to promote cooperation
bet!een the !or6ers and the mana"ement in maintainin" proper safety and health
at !or6 and to re'ie! periodically the meas$res ta6en in that behalf A Pro'ided that
the State ,o'ernment may, by order in !ritin" and for reasons to be recorded,
exempt the occ$pier of any factory or class of factories from settin" $p s$ch
committee0
B2C The composition of the Safety Committee, the ten$re of office of its members
and their ri"hts and d$ties shall be s$ch as may be prescribed0
41. RI,T OF *OR9ERS TO *AR# A+O.T I%%I#E#T $A#,ER. & B1C 7here
the !or6ers employed in any factory en"a"ed in a ha;ardo$s process ha'e
reasonable apprehension that there is a li6elihood of imminent dan"er to their li'es
or health d$e to any accident, they may brin" the same to the notice of the occ$pier,
a"ent, mana"er or any other person !ho is inchar"e of the factory or the process
concerned directly or thro$"h their representati'es in the Safety Committee and
sim$ltaneo$sly brin" the same to the notice of the Inspector0
B2C It shall be the d$ty of s$ch occ$pier, a"ent, mana"er or the person inchar"e of
the factory or process to ta6e immediate remedial action if he is satisfied abo$t the
existence of s$ch imminent dan"er and send a report forth!ith of the action ta6en to
the nearest Inspector0
B3C If the occ$pier, a"ent, mana"er or the person inchar"e referred to in s$b9section
B2C is not satisfied abo$t the existence of any imminent dan"er as apprehended by
the !or6ers, he shall, ne'ertheless, refer the matter forth!ith to the nearest
Inspector !hose decision on the :$estion of the existence of s$ch imminent dan"er
shall be final0
4'. *ASI#, FACI!ITIES. & B1C In e'ery factory 9 BaC ade:$ate and s$itable
facilities for !ashin" shall be pro'ided and maintained for the $se of the !or6ers
therein@
- 35 - 35
BbC separate and ade:$ately screened facilities shall be pro'ided for the $se of male
and female !or6ers@
BcC s$ch facilities shall be con'eniently accessible and shall be 6ept clean0
B2C The State ,o'ernment may, in respect of any factory or class or description of
factories or of any man$fact$rin" process, prescribe standards of ade:$ate and
s$itable facilities for !ashin"0
43. FACI!ITIES FOR STORI#, A#$ $R)I#, C!OTI#,. & The State
,o'ernment may, in respect of any factory or class or description of factories, ma6e
r$les re:$irin" the pro'ision therein of s$itable places for 6eepin" clothin" not !orn
d$rin" !or6in" ho$rs and for the dryin" of !et clothin"0
44. FACI!ITIES FOR SITTI#,. & B1C In e'ery factory s$itable arran"ements for
sittin" shall be pro'ided and maintained for all !or6ers obli"ed to !or6 in a standin"
position, in order that they may ta6e ad'anta"e of any opport$nities for rest !hich
may occ$r in the co$rse of their !or60
B2C If, in the opinion of the Chief Inspector, the !or6ers in any factory en"a"ed in a
partic$lar man$fact$rin" process or !or6in" in a partic$lar room are able to do their
!or6 efficiently in a sittin" position, he may, by order in !ritin", re:$ire the occ$pier
of the factory to pro'ide before a specified date s$ch seatin" arran"ements as may
be practicable for all !or6ers so en"a"ed or !or6in"0
B3C The State ,o'ernment may, by notification in the -fficial ,a;ette, declare that
the pro'isions of s$b9section B1C shall not apply to any specified factory or class or
description of factories or to any specified man$fact$rin" process0
4-. FIRST AI$ A((!IA#CES. & B1C There shall in e'ery factory be pro'ided and
maintained so as to be readily accessible d$rin" all !or6in" ho$rs first9aid boxes or
c$pboards e:$ipped !ith the prescribed contents, and the n$mber of s$ch boxes or
c$pboards to be pro'ided and maintained shall not be less than one for e'ery one
h$ndred and fifty !or6ers ordinarily employed at any one time in the factory0
B2C +othin" except the prescribed contents shall be 6ept in a first9aid box or
c$pboard0
B3C Each first9aid box or c$pboard shall be 6ept in the char"e of a separate
responsible person !ho holds a certificate in first9aid treatment reco"ni;ed by State
,o'ernment and !ho shall al!ays be readily a'ailable d$rin" the !or6in" ho$rs of
the factory0
BC In e'ery factory !herein more than fi'e h$ndred !or6ers are ordinarily employed
there shall be pro'ided and maintained an amb$lance room of the prescribed si;e,
containin" the prescribed e:$ipment and in the char"e of s$ch medical and n$rsin"
staff as may be prescribed and those facilities shall al!ays be made readily a'ailable
d$rin" the !or6in" ho$rs of the factory0
- 36 - 36
46. CA#TEE#S. & B1C The State ,o'ernment may ma6e r$les re:$irin" that in any
specified factory !herein more than t!o h$ndred and, fifty !or6ers are ordinarily
employed, a canteen or canteens shall be pro'ided and maintained by the occ$pier
for the $se of the !or6ers0
B2C 7itho$t preD$dice to the "enerality of the fore"oin" po!er, s$ch r$les may
pro'ide for 9 BaC the date by !hich s$ch canteen shall be pro'ided@
BbC the standards in respect of constr$ction, accommodation, f$rnit$re and other
e:$ipment of the canteen@
BcC the foodst$ffs to be ser'ed therein and the char"es !hich may be made therefor@
BdC the constit$tion of a mana"in" committee for the canteen and representation of
the !or6ers in the mana"ement of the canteen@
BddC the items of expendit$re in the r$nnin" of the canteen !hich are not to be ta6en
into acco$nt in fixin" the cost of foodst$ffs and !hich shall be borne by the
employer@
BeC the dele"ation to the Chief Inspector, s$bDect to s$ch conditions as may be
prescribed, of the po!er to ma6e r$les $nder cla$se BcC0
40. SE!TERS, REST ROO%S A#$ !.#C ROO%S. & B1C In e'ery factory !herein
more than one h$ndred and fifty !or6ers are ordinarily employed, ade:$ate and
s$itable shelters or rest rooms and a s$itable l$nch room, !ith pro'ision for drin6in"
!ater, !here !or6ers can eat meals bro$"ht by them, shall be pro'ided and
maintained for the $se of the !or6ers A Pro'ided that any canteen maintained in
accordance !ith the pro'isions of section % shall be re"arded as part of the
re:$irements of this s$b9section A Pro'ided f$rther that !here a l$nch room exists no
!or6ers shall eat any food in the !or6 room0
B2C The shelters or rest rooms or l$nch rooms to be pro'ided $nder s$b9section B1C
shall be s$fficiently li"hted and 'entilated and shall be maintained in a cool and clean
condition0
B3C The State ,o'ernment may 9 BaC prescribe the standards in respect of
constr$ction, accommodation, f$rnit$re and other e:$ipment of shelters, rest rooms
and l$nch rooms to be pro'ided $nder this section@
BbC by notification in the -fficial ,a;ette, exempt any factory or class or description
of factories from the re:$irements of this section0
48. CRECES. & B1C In e'ery factory !herein more than thirty !omen !or6ers are
ordinarily employed there shall be pro'ided and maintained a s$itable room or rooms
for the $se of children $nder the a"e of six years of s$ch !omen0
- 37 - 37
B2C S$ch rooms shall pro'ide ade:$ate accommodation, shall be ade:$ately li"hted
and 'entilated, shall be maintained in a clean and sanitary condition and shall be
$nder the char"e of !omen trained in the care of children and infants0
B3C The State ,o'ernment may ma6e r$les 9 BaC prescribin" the location and the
standards in respect of constr$ction, accommodation, f$rnit$re and other e:$ipment
of rooms to be pro'ided, $nder this section@
BbC re:$irin" the pro'ision in factories to !hich this section applies of additional
facilities for the care of children belon"in" to !omen !or6ers, incl$din" s$itable
pro'ision of facilities for !ashin" and chan"in" their clothin"@
BcC re:$irin" the pro'ision in any factory of free mil6 or refreshment or both for s$ch
children@
BdC re:$irin" that facilities shall be "i'en in any factory for the mothers of s$ch
children to feed them at the necessary inter'als0
49. *E!FARE OFFICERS. & B1C In e'ery factory !herein fi'e h$ndred or more
!or6ers are ordinarily employed the occ$pier shall employ in the factory s$ch
n$mber of 7elfare officers as may be prescribed0
B2C The State ,o'ernment may prescribe the d$ties, :$alifications and Conditions of
ser'ice of officers employed $nder s$b9section B1C0
-1. (O*ER TO %A9E R.!ES TO S.((!E%E#T TIS CA(TER. & The State
,o'ernment may ma6e r$les 9 BaC exemptin", s$bDect to compliance !ith s$ch
alternati'e arran"ements for the !elfare of !or6ers as may be prescribed, any
factory or class or description of factories from compliance !ith any of the pro'isions
of this Chapter@
BbC re:$irin" in any factory or class or description of factories that representati'es of
the !or6ers employed in the factory shall be associated !ith the mana"ement of the
!elfare arran"ements of the !or6ers0
-1. *EE9!) O.RS. & +o ad$lt !or6ers shall be re:$ired or allo!ed to !or6 in a
factory for more than forty9ei"ht ho$rs in any !ee60
-'. *EE9!) O!I$A)S. & B1C +o ad$lt !or6er shall be re:$ired or allo!ed to !or6
in a factory on the first day of the !ee6 Bhereinafter referred to as the said dayC,
$nless 9 BaC he has or !ill ha'e a holiday for a !hole day on one of the three days
immediately before or after the said day, and
BbC the mana"er of the factory has, before the said day or the s$bstit$ted day $nder
cla$se BaC, !hiche'er is earlier, 9 BiC deli'ered a notice at the office of the Inspector
of his intention to re:$ire the !or6er to !or6 on the said day and of the day !hich is
to be s$bstit$ted, and
- 38 - 38
BiiC displayed a notice to that effect in the factory A Pro'ided that no s$bstit$tion shall
be made !hich !ill res$lt in any !or6er !or6in" for more than ten days
consec$ti'ely !itho$t a holiday for a !hole day0
B2C +otices "i'en $nder s$b9section B1C may be cancelled by a notice deli'ered at the
office of the Inspector and a notice displayed in the factory not later than the day
before the said day or the holiday to be cancelled, !hiche'er is earlier0
B3C 7here, in accordance !ith the pro'isions of s$b9section B1C, any !or6er !or6s on
the said day and has had a holiday on one of the three days immediately before it,
that said day shall, for the p$rpose of calc$latin" his !ee6ly ho$rs of !or6, be
incl$ded in the precedin" !ee60
-3. CO%(E#SATOR) O!I$A)S. & B1C 7here, as a res$lt of the passin" of an
order or the ma6in" of a r$le $nder the pro'isions of this &ct exemptin" a factory or
the !or6ers therein from the pro'isions of section #2, a !or6er is depri'ed of any of
the !ee6ly holidays for !hich pro'ision is made in s$b9section B1C of that section, he
shall be allo!ed, !ithin the month in !hich the holidays !ere d$e to him or !ithin
the t!o months immediately follo!in" that month, compensatory holidays of e:$al
n$mber to the holidays so lost0
B2C The State ,o'ernment may prescribe the manner in !hich the holidays for !hich
pro'ision is made in s$b9section B1C shall be allo!ed0
-4. $AI!) O.RS. & S$bDect to the pro'isions of section #1, no ad$lt !or6er shall
be re:$ired or allo!ed to !or6 in a factory for more than nine ho$rs in any day A
Pro'ided that, s$bDect to the pre'io$s appro'al of the Chief inspector, the daily
maxim$m ho$rs specified in this section may be exceeded in order to facilitate the
chan"e of shifts0
--. I#TER/A!S FOR REST. & B1C The periods of !or6 of ad$lt !or6ers in a factory
each day shall be so fixed that no period shall exceed fi'e ho$rs and that no !or6er
shall !or6 for more than fi'e ho$rs before he has had an inter'al for rest of at least
half an ho$r0
B2C The State ,o'ernment or, s$bDect to the control of the State ,o'ernment, the
Chief Inspector, may, by !ritten order and for the reasons specified therein, exempt
any factory from the pro'isions of s$b9section B1C so ho!e'er that the total n$mber
of ho$rs !or6ed by a !or6er !itho$t an inter'al does not exceed six0
-6. S(REA$O/ER. & The periods of !or6 of an ad$lt !or6er in a factory shall be so
arran"ed that incl$si'e of his inter'als for rest $nder section ##, they shall not
spreado'er more than ten and a half ho$rs in any day A Pro'ided that the Chief
Inspector may, for reasons to be specified in in !ritin", increase the spreado'er $p
to t!el'e ho$rs0
-0. #I,T SIFTS. & 7here a !or6er in a factory !or6s on a shift !hich extends
beyond midni"ht, 9 BaC for the p$rposes of sections #2 and #3, a holiday for a !hole
- 39 - 39
day shall mean in his case a period of t!enty9fo$r consec$ti'e ho$rs be"innin" !hen
his shift ends@
BbC the follo!in" day for him shall be deemed to be the period of t!enty9fo$r ho$rs
be"innin" !hen s$ch shift ends, and the ho$rs he has !or6ed after midni"ht shall be
co$nted in the pre'io$s day0
-8. (ROI+ITIO# OF O/ER!A((I#, SIFTS. & B1C 7or6 shall not be carried on
in any factory by means of a system of shifts so arran"ed that more than one relay
of !or6ers is en"a"ed, in !or6 of the same 6ind at the same time0
B2C The State ,o'ernment or s$bDect to the control of the State ,o'ernment, the
Chief Inspector, may, by !ritten order and for the reasons specified therein, exempt
on s$ch conditions as may be deemed expedient, any factory or class or description
of factories or any department or section of a factory or any cate"ory or description
of !or6ers therein from the pro'isions of s$b9section B1C0
-9. E"TRA *A,ES FOR O/ERTI%E. & B1C 7here a !or6er !or6s in a factory for
more than nine ho$rs in any day or for more than forty9ei"ht ho$rs in any !ee6, he
shall, in respect of o'ertime !or6, be entitled to !a"es at the rate of t!ice his
ordinary rate of !a"es0
B2C )or the p$rposes of s$b9section B1C, Eordinary rate of !a"esE means the basic
!a"es pl$s s$ch allo!ances, incl$din" the cash e:$i'alent of the ad'anta"e accr$in"
thro$"h the concessional sale to !or6ers of food"rains and other articles, as the
!or6er is for the time bein" entitled to, b$t does not incl$de a bon$s and !a"es for
o'ertime !or60
B3C 7here any !or6ers in a factory are paid on a piece9rate basis, the time rate shall
be deemed to be e:$i'alent to the daily a'era"e of their f$ll9time earnin"s for the
days on !hich they act$ally !or6ed on the same or identical Dob d$rin" the month
immediately precedin" the calendar month d$rin" !hich the o'ertime !or6 !as
done, and s$ch time rates shall be deemed to be the ordinary rates of !a"es of
those !or6ers A
Pro'ided that in the case of a !or6er !ho has not !or6ed in the immediately
precedin" calendar month on the same or identical Dob, the time rate shall be
deemed to be e:$i'alent to the daily a'era"e of the earnin"s of the !or6er for the
days on !hich he act$ally !or6ed in the !ee6 in !hich the o'ertime !or6 !as done0
Explanation A )or the p$rposes of this s$b9section, in comp$tin" the earnin"s for the
days on !hich the !or6er act$ally !or6ed s$ch allo!ances, incl$din" the cash
e:$i'alent of the ad'anta"e accr$in" thro$"h the concessional sale to !or6ers of
food"rains and other articles, as the !or6er is for the time bein" entitled to, shall be
incl$ded b$t any bon$s or !a"es for o'ertime !or6 payable in relation to the period
!ith reference to !hich the earnin"s are bein" comp$ted shall be excl$ded0
BC The cash e:$i'alent of the ad'anta"e accr$in" thro$"h the concessional sale to a
!or6er of food"rains and other articles shall be comp$ted as often as may be
prescribed on the basis of the maxim$m :$antity of food"rains and other articles
admissible to a standard family0
- 40 - 40
Explanation 1 A Standard family means a family consistin" of the !or6er, his or her
spo$se and t!o children belo! the a"e of fo$rteen years re:$irin" in all three ad$lt
cons$mption $nits0
Explanation 2 A &d$lt cons$mption $nit means the cons$mption $nit of a male abo'e
the a"e of fo$rteen years@ and the cons$mption $nit of a female abo'e the a"e of
fo$rteen years and that of a child belo! the a"e of fo$rteen years shall be calc$lated
at the rates of 301 and 30% respecti'ely of one ad$lt cons$mption $nit0
B#C The State ,o'ernment may ma6e r$les prescribin" 9 BaC the manner in !hich the
cash e:$i'alent of the ad'anta"e accr$in" thro$"h the concessional sale to a !or6er
of food"rains and other articles shall be comp$ted@ and
BbC the re"isters that shall be maintained in a factory for the p$rpose of sec$rin"
compliance !ith the pro'isions of this section0
61. RESTRICTIO# O# $O.+!E E%(!O)%E#T. & +o ad$lt !or6er shall be
re:$ired or allo!ed to !or6 in any factory on any day on !hich he has already been
!or6in" in any other factory, sa'e in s$ch circ$mstances as may be prescribed0
61. #OTICE OF (ERIO$S OF *OR9 FOR A$.!TS. & B1C There shall be displayed
and correctly maintained in e'ery factory in accordance !ith the pro'isions of s$b9
section B2C of section 131, a notice of periods of !or6 for ad$lts, sho!in" clearly for
e'ery day the periods d$rin" !hich ad$lt !or6ers may be re:$ired to !or60
B2C The periods sho!n in the notice re:$ired by s$b9section B1C shall be fixed
beforehand in accordance !ith the follo!in" pro'isions of this section, and shall be
s$ch that !or6ers !or6in" for those periods !o$ld not be !or6in" in contra'ention of
any of the pro'isions of sections #1, #2, #3, #, ##, #% and #10
B3C 7here all the ad$lt !or6ers in a factory are re:$ired to !or6 d$rin" the same
periods, the mana"er of the factory shall fix those periods for s$ch !or6ers
"enerally0
BC 7here all the ad$lt !or6ers in a factory are not re:$ired to !or6 d$rin" the same
periods, the mana"er of the factory shall classify them into "ro$ps accordin" to the
nat$re of their !or6 indicatin" the n$mber of !or6ers in each "ro$p0
B#C )or each "ro$p !hich is not re:$ired to !or6 on a system of shifts, the mana"er
of the factory shall fix the periods d$rin" !hich the "ro$p may be re:$ired to !or60
B%C 7here any "ro$p is re:$ired to !or6 on a system of shifts and the relays are not
to be s$bDect to predetermined periodical chan"es of shifts, the mana"er of the
factory shall fix the periods d$rin" !hich each relay of the "ro$p may be re:$ired to
!or60
B*C 7here any "ro$p is to !or6 on a system of shifts and the relays are to be s$bDect
to predetermined periodical chan"es of shifts, the mana"er of the factory shall dra!
- 41 - 41
$p a scheme of shifts !here$nder the periods d$rin" !hich any relay of the "ro$p
may be re:$ired to !or6 and the relay !hich !ill be !or6in" at any time of the day
shall be 6no!n for any day0
B1C The State ,o'ernment may prescribe forms of the notice re:$ired by s$b9section
B1C and the manner in !hich it shall be maintained0
B2C In the case of a factory be"innin" !or6 after the commencement of this &ct, a
copy of the notice referred to in s$b9section B1C shall be sent in d$plicate to the
Inspector before the day on !hich !or6 is be"$n in the factory0
B13C &ny proposed chan"e in the system of !or6 in any factory !hich !ill necessitate
a chan"e in the notice referred to in s$b9section B1C shall be notified to the Inspector
in d$plicate before the chan"e is made, and except !ith the pre'io$s sanction of the
Inspector, no s$ch chan"e shall be made $ntil one !ee6 has elapsed since the last
chan"e0
6'. RE,ISTER OF A$.!T *OR9ERS. & B1C The mana"er of e'ery factory shall
maintain a re"ister of ad$lt !or6ers, to be a'ailable to the Inspector at all times
d$rin" !or6in" ho$rs, or !hen any !or6 is bein" carried on in the factory, sho!in" 9
BaC the name of each ad$lt !or6er in the factory@
BbC the nat$re of his !or6@
BcC the "ro$p, if any, in !hich he is incl$ded@
BdC !here his "ro$p !or6s on shifts, the relay to !hich he is allotted@ and
BeC s$ch other partic$lars as may be prescribed A
Pro'ided that if the Inspector is of opinion that any m$ster roll or re"ister maintained
as a part of the ro$tine of a factory "i'es in respect of any or all the !or6ers in the
factory the partic$lars re:$ired $nder this section, he may, by order in !ritin", direct
that s$ch m$ster roll or re"ister shall to the correspondin" extent be maintained in
place of, and be treated as, the re"ister of ad$lt !or6ers in that factory0
B1&C +o ad$lt !or6er shall be re:$ired or allo!ed to !or6 in any factory $nless his
name and other partic$lars ha'e been entered in the re"ister of ad$lt !or6ers0
B2C The State ,o'ernment may prescribe the form of the re"ister of ad$lt !or6ers,
the manner in !hich it shall be maintained and the period for !hich it shall be
preser'ed0
63. O.RS OF *OR9 TO CORRES(O#$ *IT #OTICE .#$ER SECTIO# 61
A#$ RE,ISTER .#$ER SECTIO# 6'. & +o ad$lt !or6er shall be re:$ired or
allo!ed to !or6 in any factory other!ise than in accordance !ith the notice of
periods of !or6 for ad$lts displayed in the factory and the entries made beforehand
a"ainst his name in the re"ister of ad$lt !or6ers of the factory0
- 42 - 42
64. (O*ER TO %A9E E"E%(TI#, R.!ES. & B1C The State ,o'ernment may ma6e
r$les definin" the persons !ho hold positions of s$per'isions or mana"ement or are
employed in a confidential position in a factory or empo!erin" the Chief inspector to
declare any person, other than a person defined by s$ch r$les, as a person holdin"
position of s$per'ision or mana"ement or employed in a confidential position in a
factory if, in the opinion of the Chief Inspector, s$ch person holds s$ch position or is
so employed and the pro'isions of this chapter, other than the pro'isions of cla$se
BbC of s$b9section B1C of section %% and of the pro'iso to that s$b9section, shall not
apply to any person so defined or declared A
Pro'ided that any person so defined or declared shall, !here the ordinary rate of
!a"es of s$ch person does not exceed the !a"e limit specified in s$b9section B%C of
section 1 of the Payment of 7a"es &ct, 123% B of 123%C, as amended from time to
time, be entitled to extra !a"es in respect of o'er time !or6 $nder section #20
B2C The State ,o'ernment may ma6e r$les in respect of ad$lt !or6ers in factories
pro'idin" for the exemption, to s$ch extent and s$bDect to s$ch conditions as may be
prescribed0 9 BaC of !or6ers en"a"ed on $r"ent repairs, from the pro'isions of
sections #1, #2, #, ## and #%@
BbC of !or6ers en"a"ed in !or6 in the nat$re of preparatory or complementary !or6
!hich m$st necessarily be carried on o$tside the limits laid do!n for the "eneral
!or6in" of the factory, from the pro'isions of sections #1, #, ## and #%@
BcC of !or6ers en"a"ed in !or6 !hich is necessarily so intermittent that the inter'als
d$rin" !hich they do not !or6 !hile on d$ty ordinarily amo$nt to more than the
inter'als for rest re:$ired by or $nder section ##, from the pro'isions of sections #1,
#, ## and #%@
BdC of !or6ers en"a"ed, in ally !or6 !hich for technical reasons m$st be carried on
contin$o$sly from the pro'isions of sections #1, #2, #, ## and #%@
BeC of !or6ers en"a"ed in ma6in" or s$pplyin" articles of prime necessity !hich
m$st be made or s$pplied e'ery day, from the pro'isions of section #1, section #2@
BfC of !or6ers en"a"ed in a man$fact$rin" process !hich cannot be carried on
except d$rin" fixed seasons, from the pro'isions of section #1, section #2 and
section #@
B"C of !or6ers en"a"ed in a man$fact$rin" process !hich cannot be carried on
except at times dependent on the irre"$lar action of nat$ral forces, from the
pro'isions of sections #2 and ##@
BhC of !or6ers en"a"ed in en"ine9rooms or boiler9ho$ses or in attendin" to po!er9
plant or transmission machinery, from the pro'isions of section #1 and section #2@
BiC of !or6ers en"a"ed in the printin" of ne!spapers, !ho are held $p on acco$nt of
the brea6do!n of machinery, from the pro'isions of sections #1, # and #%0
- 43 - 43
Explanation A In this cla$se the expression ne!spapers has the meanin" assi"ned to
it in the Press and Re"istration of .oo6s &ct, 11%* B2# of 11%*C@
BDC of !or6ers en"a"ed in the loadin" or $nloadin" of rail!ay !a"ons, or lorries or
tr$c6s lra913% ?from the pro'isions of sections #1, #2, #, ## and #%@
B6C of !or6ers en"a"ed in any !or6, !hich is notified by the State ,o'ernment in the
-fficial ,a;ette as a !or6 of national importance, from the pro'isions of section #1,
section #2, section #, section ## and section #%0
B3C R$les made $nder s$b9section B2C pro'idin" for any exemption may also pro'ide
for any conse:$ential exemption from the pro'isions of section %1 !hich the State
,o'ernment may deem to be expedient, s$bDect to s$ch conditions as it may
prescribe0
BC In ma6in" r$les $nder this section, the State ,o'ernment shall not exceed,
except in respect of exemption $nder cla$se BaC of s$b9section B2C, the follo!in"
limits of !or6 incl$si'e of o'ertime A9 BiC the total n$mber of ho$rs of !or6 in any
day shall not exceed ten@
BiiC the spreado'er, incl$si'e of inter'als for rest, shall not exceed t!el'e ho$rs in
any one day A
Pro'ided that the State ,o'ernment may, in respect of any or all of the cate"ories of
!or6ers referred to in cla$se BdC of s$b9section B2C, ma6e r$les prescribin" the
circ$mstances in !hich, and the conditions s$bDect to !hich, the restrictions imposed
by cla$se BiC and cla$se BiiC shall not apply in order to enable a shift !or6er to !or6
the !hole or part of a s$bse:$ent shift in the absence of a !or6er !ho has failed to
report for d$ty@
BiiiC the total n$mber of ho$rs of !or6 in a !ee6, incl$din" o'ertime shall not exceed
sixty@
Bi'C the total n$mber of ho$rs of o'ertime shall not exceed fifty for any one :$arter0
Explanation A EG$arterE means a period of three consec$ti'e months be"innin" on
the 1st of =an$ary, the 1st of &pril, the 1st of =$ly or the 1st of -ctober0
B#C R$les made $nder this section shall remain in force for not more than fi'e years0
6-. (O*ER TO %A9E E"E%(TI#, OR$ERS. & B1C 7here the State ,o'ernment is
satisfied that, o!in" to the nat$re of the !or6 carried on or to other circ$mstances,
it is $nreasonable to re:$ire that the periods of !or6 of any ad$lt !or6ers in any
factory or class or description of factories sho$ld be fixed beforehand, it may, by
!ritten order, relax or modify the pro'isions of section %1 in respect of s$ch !or6ers
therein, to s$ch extent and in s$ch manner as it may thin6 fit, and s$bDect to s$ch
conditions as it may deem expedient to ens$re control o'er periods of !or60
- 44 - 44
B2C The State ,o'ernment or, s$bDect to the control of the State ,o'ernment, the
Chief Inspector, may by !ritten order exempt, on s$ch conditions as it or he may
deem expedient, any or all of the ad$lt !or6ers in any factory or "ro$p or class or
description of factories from any or all of the pro'isions of sections, #1, #2, # and
#% on the "ro$nd that the exemption is re:$ired to enable the factory or factories to
deal !ith an exceptional press of !or60
B3C &ny exemption "ranted $nder s$b9section B2C shall be s$bDect to the follo!in"
conditions, namely A9 BiC the total n$mber of ho$rs of !or6 in any day shall not
exceed t!el'e@
BiiC the spread o'er, incl$si'e of inter'als for rest, shall not exceed thirteen ho$rs in
any one day@
BiiiC the total n$mber of ho$rs of !or6 in any !ee6, incl$din" o'ertime, shall not
exceed sixty@
Bi'C no !or6er shall be allo!ed to !or6 o'ertime, for more than se'en days at a
stretch and the total n$mber of ho$rs of o'ertime !or6 in any :$arter shall not
exceed se'enty9fi'e0 Explanation A In this s$b9section E:$arterE has the same
meanin" as in s$b9section BC of section %0
BC -mitted0
66. F.RTER RESTRICTIO#S O# E%(!O)%E#T OF *O%E#. & B1C The
pro'isions of this Chapter shall, in their application to !omen in factories, be
s$pplemented by the follo!in" f$rther restrictions, namely A9 BaC no exemption from
the pro'isions of section # may be "ranted in respect of any !omen@
BbC no !omen shall be re:$ired or allo!ed to !or6 in any factory except bet!een the
ho$rs of % &0/0 and * P0/0 A
Pro'ided that the State ,o'ernment may, by notification in the -fficial ,a;ette, in
respect of any factory or "ro$p or class or description of factories, 'ary the limits laid
do!n in cla$se BbC, b$t so that no s$ch 'ariation shall a$thori;e the employment of
any !oman bet!een the ho$rs of 13 P0/0 and # &0/0@ > lra911 BcC there shall be no
chan"e of shifts except, after a !ee6ly holiday or any other holiday0
B2C The State ,o'ernment may ma6e r$les pro'idin" for the exemption from the
restrictions set o$t in s$b9section B1C, to s$ch extent and s$bDect to s$ch conditions
as it may prescribe, of !omen !or6in" in fish c$rin" or fish9cannin" factories, !here
the employment of !omen beyond the ho$rs specified in the said restrictions is
necessary to pre'ent dama"e to or deterioration in, any ra! material0
B3C The r$les made $nder s$b9section B2C shall remain in force for not more than
three years at a time0
60. (ROI+ITIO# OF E%(!O)%E#T OF )O.#, CI!$RE#. & +o child !ho has
not completed his fo$rteenth year shall be re:$ired or allo!ed to !or6 in any factory0
- 45 - 45
68. #O#&A$.!T *OR9ERS TO CARR) TO9E#S. & & child !ho has completed his
fo$rteenth year or an adolescent shall not be re:$ired or allo!ed to !or6 in any
factory $nless 9 BaC a certificate of fitness "ranted !ith reference to him $nder
section %2 is in the c$stody of the mana"er of the factory@ and
BbC s$ch child or adolescent carries !hile he is at !or6 a to6en "i'in" a reference to
s$ch certificate0
69. CERTIFICATES OF FIT#ESS. & B1C & certifyin" s$r"eon shall, on the application
of any yo$n" person or his parent or "$ardian accompanied by a doc$ment si"ned by
the mana"er of a factory that s$ch person !ill be employed therein if certified to be
fit for !or6 in a factory, or on the application of the mana"er of the factory in !hich
any yo$n" person !ishes to !or6, examine s$ch person and ascertain his fitness for
!or6 in a factory0
B2C The certifyin" s$r"eon, after examination, may "rant to s$ch yo$n" person, in
the prescribed form, or may rene! 9 BaC a certificate of fitness to !or6 in a factory as
a child, if he is satisfied that the yo$n" person has completed his fo$rteenth year,
that he has attained the prescribed physical standards and that he is fit for s$ch
!or6@
BbC a certificate of fitness to !or6 in a factory as an ad$lt, if he is satisfied that the
yo$n" person has completed his fifteenth year, and is fit for a f$ll day<s !or6 in a
factory A
Pro'ided that $nless the certifyin" s$r"eon has personal 6no!led"e of the place
!here the yo$n" person proposes to !or6 and of the man$fact$rin" process in !hich
he !ill be employed, he shall not "rant or rene! a certificate $nder this s$b9section
$ntil he has examined s$ch place0
B3C & certificate of fitness "ranted or rene!ed $nder s$b9section B2C 9 BaC shall be
'alid only for a period of t!el'e months from the date thereof@
BbC may be made s$bDect to conditions in re"ard to the nat$re of the !or6 in !hich
the yo$n" person may be employed, or re:$irin" re9examination of the yo$n" person
before the expiry of the period of t!el'e months0
BC & certifyin" s$r"eon shall re'o6e any certificate "ranted or rene!ed $nder s$b9
section B2C if in his opinion the holder of it is no lon"er fit to !or6 in the capacity
stated therein in a factory0
B#C 7here a certifyin" s$r"eon ref$ses to "rant or rene! a certificate or a certificate
of the 6ind re:$ested or re'o6es a certificate, he shall, if so re:$ested by any person
!ho co$ld ha'e applied for the certificate or the rene!al thereof, state his reasons in
!ritin" for so doin"0
B%C 7here a certificate $nder this section !ith reference to any yo$n" person is
"ranted or rene!ed s$bDect to s$ch conditions as are referred to in cla$se BbC of s$b9
section B3C, the yo$n" person shall not be re:$ired or allo!ed to !or6 in any factory
except in accordance !ith those conditions0
- 46 - 46
B*C &ny fee payable for a certificate $nder this section shall be paid by the occ$pier
and shall not be reco'erable from the yo$n" person, his parents or "$ardian0
01. EFFECT OF CERTIFICATE OF FIT#ESS ,RA#TE$ TO A$O!ESCE#T. & B1C &n
adolescent !ho has been "ranted a certificate of fitness to !or6 in a factory as an
ad$lt $nder cla$se BbC of s$b9section B2C of section %2, and !ho !hile at !or6 in a
factory carries a to6en "i'in" reference to the certificate, shall be deemed to be an
ad$lt for all the p$rposes of Chapters 4I and 4II0
B1&C +o female adolescent or a male adolescent !ho has not attained the a"e of
se'enteen years b$t !ho has been "ranted a certificate of fitness to !or6 in a factory
as an ad$lt, shall be re:$ired or allo!ed to !or6 in any factory except bet!een %
&0/0 and * P0/0 A
Pro'ided that the State ,o'ernment may, by notification in the -fficial ,a;ette, in
respect of any factory or "ro$p or class or description of factories 9 BiC 'ary the limits
laid do!n in this s$b9section so, ho!e'er, that no s$ch section shall a$thorise the
employment of any female adolescent bet!een 13 P0/0 and # &0/0@
BiiC "rant exemption from the pro'isions of this s$b9section in case of serio$s
emer"ency !here national interest is in'ol'ed0
B2C &n adolescent !ho has not been "ranted a certificate of fitness to !or6 in a
factory as an ad$lt $nder the aforesaid cla$se BbC shall, not!ithstandin" his a"e, be
deemed to be a child for all the p$rposes of this &ct0
01. *OR9I#, O.RS FOR CI!$RE#. & B1C +o child shall be employed or
permitted to !or6, in any factory 9 BaC for more than fo$r and a half ho$rs in any
day@
BbC d$rin" the ni"ht0 Explanation A )or the p$rposes of this s$b9section Eni"htE shall
mean a period of at least t!el'e consec$ti'e ho$rs !hich shall incl$de the inter'al
bet!een 13 P0/0 and % &0/0
B2C The period of !or6 of all children employed in a factory shall be limited to t!o
shifts !hich shall not o'erlap or spread o'er more than fi'e ho$rs each@ and each
child shall be employed in only one of the relays !hich shall not, except !ith the
pre'io$s permission in !ritin" of the Chief Inspector, be chan"ed more fre:$ently
than once in a period of thirty days0
B3C The pro'isions of section #2 shall apply also to child !or6ers and no exemption
from the pro'isions of that section may be "ranted in respect of any child0
BC +o child shall be re:$ired or allo!ed to !or6 in any factory on any day on !hich
he has already been !or6in" in another factory0
B#C +o female child shall be re:$ired or allo!ed to !or6 in any factory except
bet!een 1 &0/0 and * P0/0
- 47 - 47
0'. #OTICE OF (ERIO$S OF *OR9 FOR CI!$RE#. & B1C There shall be
displayed and correctly maintained in e'ery factory in !hich children are employed,
in accordance !ith the pro'isions of s$b9section B2C of section 131 a notice of period
of !or6 for children, sho!in" clearly for e'ery day the periods d$rin" !hich children
may be re:$ired or allo!ed to !or60
B2C The periods sho!n in the notice re:$ired by s$b9section B1C shall be fixed
beforehand in accordance !ith the method laid do!n for ad$lt !or6ers in section %1,
and shall be s$ch that children !or6in" for those periods !o$ld not be !or6in" in
contra'ention of any of the pro'isions of section *10
B3C The pro'isions of s$b9sections B1C, B2C and B13C of section %1 shall apply also to
the notice re:$ired by s$b9section B1C of this section0
03. RE,ISTER OF CI!$ *OR9ERS. & B1C The mana"er of e'ery factory in !hich
children are employed shall maintain a re"ister of child !or6ers, to be a'ailable to
the Inspector at all times d$rin" !or6in" ho$rs or !hen any !or6 is bein" carried on
in a factory, sho!in" 9 BaC the name of each child !or6er in the factory,
BbC the nat$re of his !or6,
BcC the "ro$p, if any, in !hich he is incl$ded,
BdC !here his "ro$p !or6s in shifts, the relay to !hich he is allotted, and
BeC the n$mber of his certificate of fitness "ranted $nder section %20
B1&C +o child !or6er shall be re:$ired or allo!ed to !or6 in any factory $nless his
name and other partic$lars ha'e been entered in the re"ister of child !or6ers0
B2C The State ,o'ernment may prescribe the form of the re"ister of child !or6ers,
the manner in !hich it shall be maintained and the period for !hich it shall be
preser'ed0
04. O.RS OF *OR9 TO CORRES(O#$ *IT #OTICE .#$ER SECTIO# 0'
A#$ RE,ISTER .#$ER SECTIO# 03. & +o child shall be employed in any factory
other!ise than in accordance !ith the notice of periods of !or6 for children displayed
in the factory and the entries made beforehand a"ainst his name in the re"ister of
child !or6ers of the factory0
0-. (O*ER TO RE:.IRE %E$ICA! E"A%I#ATIO#. & 7here an Inspector is of
opinion 9 BaC that any person !or6in" in a factory !itho$t a certificate of fitness is a
yo$n" person, or
BbC that a yo$n" person !or6in" in a factory !ith a certificate of fitness is no lon"er
fit to !or6 in the capacity stated therein, 9 he may ser'e on the mana"er of the
factory a notice re:$irin" that s$ch person or yo$n" person, as the case may be,
shall be examined by a certifyin" s$r"eon, and s$ch person or yo$n" person shall
not, if the Inspector so directs, be employed, or permitted to !or6, in any factory
$ntil he has been so examined and has been "ranted a certificate of fitness or a fresh
- 48 - 48
certificate of fitness, as the case may be, $nder section %2, or has been certified by
the certifyin" s$r"eon examinin" him not to be a yo$n" person0
06. (O*ER TO %A9E R.!ES. & The State ,o'ernment may ma6e r$les 9 BaC
prescribin" the forms of certificates of fitness to be "ranted $nder section %2,
pro'idin" for the "rant of d$plicates in the e'ent of loss of the ori"inal certificates,
and fixin" the fees !hich may be char"ed for s$ch certificates and rene!als thereof
and s$ch d$plicates@
BbC prescribin" the physical standards to be attained by children and adolescents
!or6in" in factories@
BcC re"$latin" the proced$re of certifyin" s$r"eons $nder this Chapter@
BdC specifyin" other d$ties !hich certifyin" s$r"eons may be re:$ired to perform in
connection !ith the employment of yo$n" persons in factories, and fixin" the fees
!hich may be char"ed for s$ch d$ties and the persons by !hom they shall be
payable0
00. CERTAI# OTER (RO/ISIO#S OF !A* #OT +ARRE$. & The pro'isions of
this Chapter shall be in addition to, and not in dero"ation of, the pro'isions of the
Employment of Children &ct, 1231 B2% of 1231C0
08. A((!ICATIO# OF CA(TER. & B1C The pro'isions of this Chapter shall not
operate to the preD$dice of any ri"ht to !hich a !or6er may be entitled $nder any
other la! or $nder the terms of any a!ard, a"reement Bincl$din" settlementC or
contract of ser'ice A
Pro'ided that if s$ch a!ard, a"reement Bincl$din" settlementC or contract of ser'ice
pro'ides for a lon"er ann$al lea'e !ith !a"es than pro'ided in this Chapter, the
:$ant$m of lea'e, !hich the !or6er shall be entitled to, shall be in accordance !ith
s$ch a!ard, a"reement or contract of ser'ice b$t in relation to matters not pro'ided
for in s$ch a!ard, a"reement or contract of ser'ice or matters !hich are pro'ided for
less fa'o$rably therein, the pro'isions of sections *2 to 12, so far as may be, shall
apply0
B2C The pro'isions of this Chapter shall not apply to !or6ers in any factory of any
rail!ay administered by the ,o'ernment, !ho are "o'erned by lea'e r$les appro'ed
by the Central ,o'ernment0
09. A##.A! !EA/E *IT *A,ES. & B1C E'ery !or6er !ho has !or6ed for a
period of 23 days or more in a factory d$rin" a calendar year shall be allo!ed
d$rin" the s$bse:$ent calendar year, lea'e !ith !a"es for a n$mber of days
calc$lated at the rate of 9 BiC if an ad$lt, one day for e'ery t!enty days of !or6
performed by him d$rin" the pre'io$s calendar year@
BiiC if a child, one day for e'ery fifteen days of !or6 formed by him d$rin" the
pre'io$s calendar year0
Explanation 1 A )or the p$rpose of this s$b9section 9 BaC any days of lay off, by
a"reement or contract or as permissible $nder the standin" orders@
- 49 - 49
BbC in the case of a female !or6er, maternity lea'e for any n$mber of days not
exceedin" t!el'e !ee6s@ and
BcC the lea'e earned in the year prior to that in !hich the lea'e is enDoyed@ shall be
deemed to be days on !hich the !or6er has !or6ed in a factory for the p$rpose of
comp$tation of the period of 23 days or more, b$t he shall not earn lea'e for these
days0
Explanation 2 A The lea'e admissible $nder this s$b9section shall be excl$si'e of all
holidays !hether occ$rrin" d$rin" or at either end of the period of lea'e0
B2C & !or6er !hose ser'ice commences other!ise than on the first day of =an$ary
shall be entitled to lea'e !ith !a"es at the rate laid do!n in cla$se BiC or, as the case
may be, cla$se BiiC of s$b9section B1C if he has !or6ed for t!o9thirds of the total
n$mber of days in the remainder of the calender year0
B3C If a !or6er is dischar"ed or dismissed from ser'ice or :$its his employment or is
s$perann$ated or dies !hile in ser'ice, d$rin" the co$rse of the calendar year, he or
his heir or nominee, as the case may be, shall be entitled to !a"es in lie$ of the
:$ant$m of lea'e to !hich he !as entitled immediately before his dischar"e,
dismissal, :$ittin" of employment, s$perann$ation or death calc$lated at the rates
specified in s$b9section B1C, e'en if he had not !or6ed for the entire period specified
in s$b9section B1C or s$b9section B2C ma6in" him eli"ible to a'ail of s$ch lea'e, and
s$ch payment shall be made 9 BiC !here the !or6er is dischar"ed or dismissed or
:$its employment, before the expiry of the second !or6in" day from the date of
s$ch dischar"e, dismissal or :$ittin", and
BiiC !here the !or6er is s$perann$ated or dies !hile in ser'ice, before the expiry of
t!o months from the date of s$ch s$perann$ation or death0
BC In calc$latin" lea'e $nder this section, fraction of lea'e of half a day or more
shall be treated as one f$ll day<s lea'e, and fraction of less than half a day shall be
omitted0
B#C If a !or6er does not in any one calendar year ta6e the !hole of the lea'e allo!ed
to him $nder s$b9section B1C or s$b9section B2C, as the case may be, any lea'e not
ta6en by him shall be added to the lea'e to be allo!ed to him in the s$cceedin"
calendar year A
Pro'ided that the total n$mber of days of lea'e that may be carried for!ard to a
s$cceedin" year shall not exceed thirty in the case of an ad$lt or forty in the case of
a child A
Pro'ided f$rther that a !or6er, !ho has applied for lea'e !ith !a"es b$t has not
been "i'en s$ch lea'e in accordance !ith any scheme laid do!n in s$b9sections B1C
and B2C or in contra'ention of s$b9section B13C shall be entitled to carry for!ard the
lea'e ref$sed !itho$t any limit0
- 50 - 50
B%C & !or6er may at any time apply in !ritin" to the mana"er of a factory not less
than fifteen days before the date on !hich he !ishes his lea'e to be"in, to ta6e all
the lea'e or any portion thereof allo!able to him d$rin" the calendar year A
Pro'ided that the application shall be made not less than thirty days before the date
on !hich the !or6er !ishes his lea'e to be"in, if he is employed in a p$blic $tility
ser'ice as defined in cla$se BnC of section 2 of the Ind$strial Disp$tes &ct, 12* B1
of 12*C A
Pro'ided f$rther that the n$mber of times in !hich lea'e may be ta6en d$rin" any
year shall not exceed three0
B*C If a !or6er !ants to a'ail himself of the lea'e !ith !a"es d$e to him to co'er a
period of illness, he shall be "ranted s$ch lea'e e'en if the application for lea'e is
not made !ithin the time specified in s$b9section B%C@ and in s$ch a case !a"es as
admissible $nder section 11 shall be paid not later than fifteen days, or in the case of
a p$blic $tility ser'ice not later than thirty days from the date of the application for
lea'e0
B1C )or the p$rpose of ens$rin" the contin$ity of !or6, the occ$pier or mana"er of
the factory, in a"reement !ith the 7or6s Committee of the factory constit$ted $nder
section 3 of the Ind$strial Disp$tes &ct, 12* B1 of 12*C, or a similar Committee
constit$ted $nder any other &ct or if there is no s$ch 7or6s Committee or a similar
Committee in the factory, in a"reement !ith the representati'es of the !or6ers
therein chosen in the prescribed manner, may lod"e !ith the Chief Inspector a
scheme in !ritin" !hereby the "rant of lea'e allo!able $nder this section may be
re"$lated0
B2C & scheme lod"ed $nder s$b9section B1C shall be displayed at some conspic$o$s
and con'enient places in the factory and shall be in force for a period of t!el'e
months from the date on !hich it comes into force, and may thereafter be rene!ed
!ith or !itho$t modification for a f$rther period of t!el'e months at a time, by the
mana"er in a"reement !ith the 7or6s Committee or a similar Committee, or as the
case may be, in a"reement !ith the representati'es of the !or6ers as specified in
s$b9section B1C, and a notice of rene!al shall be sent to the Chief Inspector before it
is rene!ed0
B13C &n application for lea'e !hich does not contra'ene the pro'isions of s$b9section
B%C shall not be ref$sed, $nless ref$sal is in accordance !ith the scheme for the time
bein" in operation $nder s$b9sections B1C and B2C0
B11C If the employment of a !or6er !ho is entitled to lea'e $nder s$b9section B1C or
s$b9section B2C, as the case may be, is terminated by the occ$pier before he has
ta6en the entire lea'e to !hich he is entitled, or if ha'in" applied for and ha'in" not
been "ranted s$ch lea'e, the !or6er :$its his employment before he has ta6en the
lea'e, the occ$pier of the factory shall pay him the amo$nt payable $nder section 13
in respect of the lea'e not ta6en, and s$ch payment shall be made, !here the
employment of the !or6er is terminated by the occ$pier, before the expiry of the
second !or6in" day after s$ch termination, and !here a !or6er !ho :$its his
employment, on or before the next pay day0
- 51 - 51
B12C The $na'ailed lea'e of a !or6er shall not be ta6en into consideration in
comp$tin" the period of any notice re:$ired to be "i'en before dischar"e or
dismissal0
81. *A,ES $.RI#, !EA/E (ERIO$. & B1C )or the lea'e allo!ed to him $nder
section *1 or section *2, as the case may be a !or6er shall be entitled to !a"es at a
rate e:$al to the daily a'era"e of his total f$ll time earnin"s for the days on !hich he
act$ally !or6ed d$rin" the month immediately precedin" his lea'e, excl$si'e of any
o'ertime and bon$s b$t incl$si'e of dearness allo!ance and the cash e:$i'alent of
the ad'anta"e accr$in" thro$"h the concessional sale to the !or6er of food"rains
and other articles A
Pro'ided that in the case of a !or6er !ho has not !or6ed on any day d$rin" the
calendar month immediately precedin" his lea'e, he shall be paid at a rate e:$al to
the daily a'era"e of his total f$ll time earnin"s for the days on !hich he act$ally
!or6ed d$rin" the last calendar month precedin" his lea'e, in !hich he act$ally
!or6ed, excl$si'e of any o'ertime and bon$s b$t incl$si'e of dearness allo!ance and
the cash e:$i'alent of the ad'anta"e accr$in" thro$"h the concessional sale to the
!or6ers of food"rains and other articles0
B2C The cash e:$i'alent of the ad'anta"e accr$in" thro$"h the concessional sale to
the !or6er of food"rains and other articles shall be comp$ted as often as may be
prescribed, on the basis of the maxim$m :$antity of food"rains and other articles
admissible to a standard family0
Explanation 1 A EStandard familyE means a family consistin" of a !or6er, his or her
spo$se and t!o children belo! the a"e of fo$rteen years re:$irin" in all three ad$lt
cons$mption $nits0
Explanation 2 A &d$lt cons$mption $nit means the cons$mption $nit of a male abo'e
the a"e of fo$rteen years@ and the cons$mption $nit of a female abo'e the a"e of
fo$rteen years and that of a child belo! the a"e of fo$rteen years shall be calc$lated
at the rates of 301 and 30% respecti'ely of one ad$lt cons$mption $nit0
B3C The State ,o'ernment may ma6e r$les prescribin" 9 BaC the manner in !hich the
cash e:$i'alent of the ad'anta"e accr$in" thro$"h the concessional sale to a !or6er
of food"rains and other articles shall be comp$ted@ and
BbC the re"isters that shall be maintained in a factory for the p$rpose of sec$rin"
compliance !ith the pro'isions of this section0
81. (A)%E#T I# A$/A#CE I# CERTAI# CASES. & & !or6er !ho has been
allo!ed lea'e for not less than fo$r days, in the case of an ad$lt, and fi'e days, in
the case of a child, shall, before his lea'e be"ins, be paid the !a"es d$e for the
period of the lea'e allo!ed0
8'. %O$E OF RECO/ER) OF .#(AI$ *A,ES. & &ny s$m re:$ired to be paid by
an employer, $nder this chapter b$t not paid by him shall be reco'erable as delayed
!a"es $nder the pro'isions of the Payment of 7a"es &ct, 123% B of 123%C0
- 52 - 52
83. (O*ER TO %A9E R.!ES. & The State ,o'ernment may ma6e r$les directin"
mana"ers of factories to 6eep re"isters containin" s$ch partic$lars as may be
prescribed and re:$irin" the re"isters to be made a'ailable for examination by
Inspectors0
84. (O*ERS TO E"E%(T FACTORIES. & 7here the State ,o'ernment is satisfied
that the lea'e r$les applicable to !or6ers in a factory pro'ide benefits !hich in its
opinion are not less fa'o$rable than those for !hich this Chapter ma6es pro'ision it
may, by !ritten order, exempt the factory from all or any of the pro'isions of this
Chapter s$bDect to s$ch conditions as may be specified in the order0
Explanation A )or the p$rposes of this section, in decidin" !hether the benefits !hich
are pro'ided for by any lea'e r$les are less fa'o$rable than those for !hich this
Chapter ma6es pro'ision, or not, the totality of the benefits shall be ta6en into
acco$nt0
8-. (O*ER TO A((!) TE ACT TO CERTAI# (RE%ISES. & B1C The State
,o'ernment may, by notification in the -fficial ,a;ette, declare that all or any of the
pro'isions of this &ct shall apply to any place !herein a man$fact$rin" process is
carried on !ith or !itho$t the aid of po!er or is so ordinarily carried on,
not!ithstandin" that 9 BiC the n$mber of persons employed therein is less than ten, if
!or6in" !ith the aid of po!er and less than t!enty if !or6in" !itho$t the aid of
po!er, or
BiiC the persons !or6in" therein are not employed by the o!ner thereof b$t are
!or6in" !ith the permission of, or $nder a"reement !ith, s$ch o!ner A Pro'ided that
the man$fact$rin" process is not bein" carried on by the o!ner only !ith the aid of
his family0
B2C &fter a place is so declared, it shall be deemed to be a factory for the p$rposes of
this &ct, and the o!ner shall be deemed to be the occ$pier, and any person !or6in"
therein, a !or6er0 Explanation A )or the p$rposes of this section, o!ner shall incl$de
a lessee or mort"a"ee !ith possession of the premises0
86. (O*ER TO E"E%(T (.+!IC I#STIT.TIO#S. & The State ,o'ernment may
exempt, s$bDect to s$ch conditions as it may consider necessary, any !or6shop or
!or6place !here a man$fact$rin" process is carried on and !hich is attached to a
p$blic instit$tion, maintained for the p$rposes of ed$cation, trainin", research or
reformation, from all or any of the pro'isions of this &ct A
Pro'ided that no exemption shall be "ranted from the pro'isions relatin" to ho$rs of
!or6 and holidays, $nless the persons ha'in" the control of the instit$tion s$bmit,
for the appro'al of the State ,o'ernment, a scheme for the re"$lation of the ho$rs
of employment, inter'als for meals, and holidays of the persons employed in or
attendin" the instit$tion or !ho are inmates of the instit$tion, and the State
,o'ernment is satisfied that the pro'isions of the scheme are not less fa'o$rable
than the correspondin" pro'isions of this &ct0
80. $A#,ERO.S O(ERATIO#S. & 7here the State ,o'ernment is of opinion that
any man$fact$rin" process or operation carried on in a factory exposes any persons
employed in it to a serio$s ris6 of bodily inD$ry, poisonin" or diseases, it may ma6e
- 53 - 53
r$les applicable to any factory or class or description of factories in, !hich the
man$fact$rin" process or operation is carried on 9 BaC specifyin" the man$fact$rin"
process or operation and declarin" it to be dan"ero$s@
BbC prohibitin" or restrictin" the employment of !omen, adolescents or children in
the man$fact$rin" process or operation@
BcC pro'idin" for the periodical medical examination of persons employed, or see6in"
to be employed, in the man$fact$rin" process or operation, and prohibitin" the
employment of persons not certified as fit for s$ch employment and re:$irin" the
payment by the occ$pier of the factory of fees for s$ch medical examination@
BdC pro'idin" for the protection of all persons employed in the man$fact$rin" process
or operation or in the 'icinity of the places !here it is carried on@
BeC prohibitin", restrictin" or controllin" the $se of any specified materials or
processes in connection !ith the man$fact$rin" process or operation@
BfC re:$irin" the pro'ision of additional !elfare amenities and sanitary facilities and
the s$pply of protecti'e e:$ipment and clothin", and layin" do!n the standards
thereof, ha'in" re"ard to the dan"ero$s nat$re of the man$fact$rin" process or
operation@
B"C -mitted0

80A. (O*ER TO (ROI+IT E%(!O)%E#T O# ACCO.#T OF SERIO.S
A;AR$. & B1C 7here it appears to the Inspector that conditions in a factory or part
thereof are s$ch that they may ca$se serio$s ha;ard by !ay of inD$ry or death to the
persons employed therein or to the "eneral p$blic in the 'icinity, he may, by order in
!ritin" to the occ$pier of the factory, state the partic$lars in respect of !hich he
considers the factory or part thereof to be the ca$se of s$ch serio$s ha;ard and
prohibit s$ch occ$pier from employin" any person in the factory or any part thereof
other than the minim$m n$mber of persons necessary to attend to the minim$m
tas6s till the ha;ard is remo'ed0
B2C &ny order iss$ed by the Inspector $nder s$b9section B1C shall ha'e effect for a
period of three days $ntil extended by the Chief Inspector by a s$bse:$ent order0
B3C &ny person a""rie'ed by an order of the Inspector $nder s$b9section B1C, and
the Chief Inspector $nder s$b9section B2C, shall ha'e the ri"ht to appeal to the 5i"h
Co$rt0
BC &ny person !hose employment has been affected by an order iss$ed $nder s$b9
section B1C, shall be entitled to !a"es and other benefits and it shall be the d$ty of
the occ$pier to pro'ide alternati'e employment to him !here'er possible and in the
manner prescribed0
- 54 - 54
B#C The pro'isions of s$b9section BC shall be !itho$t preD$dice to the ri"hts of the
parties $nder the Ind$strial Disp$tes &ct, 12* B1 of 12*C0
88. #OTICE OF CERTAI# ACCI$E#TS. & B1C 7here in any factory an accident
occ$rs !hich ca$ses death, or !hich ca$ses any bodily inD$ry by reason of !hich the
person inD$red is pre'ented from !or6in" for a period of forty9ei"ht ho$rs or more
immediately follo!in" the accident, or !hich is of s$ch nat$re as may be prescribed
in this behalf, the mana"er of the factory shall send notice thereof to s$ch
a$thorities, and in s$ch form and !ithin s$ch time, as may be prescribed0
B2C 7here a notice "i'en $nder s$b9section B1C relates to an accident ca$sin" death,
the a$thority to !hom the notice is sent shall ma6e an in:$iry into the occ$rrence
!ithin one month of the receipt of the notice or, if s$ch a$thority is not the Inspector,
ca$se the Inspector to ma6e an in:$iry !ithin the said period0
B3C The State ,o'ernment may ma6e r$les for re"$latin" the proced$re at in:$iries
$nder this section0
88A. #OTICE OF CERTAI# $A#,ERO.S OCC.RRE#CES. & 7here in a factory
any dan"ero$s occ$rrence of s$ch nat$re as may be prescribed, occ$rs, !hether
ca$sin" any bodily inD$ry or disability or not, the mana"er of the factory shall send
notice thereof to s$ch a$thorities, and in s$ch form and !ithin s$ch time, as may be
prescribed0
89. #OTICE OF CERTAI# $ISEASES. & B1C 7here any !or6er in a factory
contracts any disease specified in the Third Sched$le, the mana"er of the factory
shall send notice thereof to s$ch a$thorities, and in s$ch form and !ithin s$ch time
as may be prescribed0
B2C If any medical practitioner attends on a person !ho is or has been employed in a
factory, and !ho is, or is belie'ed by the medical practitioner to be, s$fferin" from
any disease, specified in the Third Sched$le the medical practitioner shall !itho$t
delay send a report in !ritin" to the office of the Chief Inspector statin" 9 BaC the
name and f$ll postal address of the patient,
BbC the disease from !hich he belie'es the patient to be s$fferin", and
BcC the name and address of the factory in !hich the patient is, or !as last,
employed0
B3C 7here the report $nder s$b9section B2C is confirmed to the satisfaction of the
Chief Inspector, by the certificate of a certifyin" s$r"eon or other!ise, that the
person is s$fferin" from a disease specified in the Third Sched$le, he shall pay to the
medical practitioner s$ch fee as may be prescribed, and the fee so paid shall be
reco'erable as an arrear of land re'en$e from the occ$pier of the factory in !hich
the person contracted the disease0
BC If any medical practitioner fails to comply !ith the pro'isions of s$b9section B2C,
he shall be p$nishable !ith fine !hich may extend to one tho$sand r$pees0
- 55 - 55
B#C The Central ,o'ernment may, by notification in the -fficial ,a;ette, add to or
alter the Third Sched$le and any s$ch addition or alteration shall ha'e effect as if it
had been made by this &ct0
91. (O*ER TO $IRECT E#:.IR) I#TO CASES OF ACCI$E#T OR $ISEASE. &
B1C The State ,o'ernment may, if it considers it expedient so to do, appoint a
competent person to in:$ire into the ca$ses of any accident occ$rrin" in a factory or
into any case !here a disease specified in the Third Sched$le has been, or is
s$spected to ha'e been, contracted in a factory, and may also appoint one or more
persons possessin" le"al or special 6no!led"e to act as assessors in s$ch in:$iry0
B2C The person appointed to hold an in:$iry $nder this section shall ha'e all the
po!ers of a Ci'il Co$rt $nder the Code of Ci'il Proced$re, 1231 B# of 1231C, for the
p$rposes of enforcin" the attendance of !itnesses and compellin" the prod$ction of
doc$ments and material obDects, and may also, so far as may be necessary for the
p$rposes of the in:$iry, exercise any of the po!ers of an Inspector $nder this &ct@
and e'ery person re:$ired by the person ma6in" the in:$iry to f$rnish any
information shall be deemed to be le"ally bo$nd so to do !ithin the meanin" of
section 1*% of the Indian Penal Code, 11%3 B# of 11%3C0
B3C The person holdin" an in:$iry $nder this section shall ma6e a report to the State
,o'ernment statin" the ca$ses of the accident, or as the case may be, disease, and
any attendant circ$mstances, and addin" any obser'ations !hich he or any of the
assessors may thin6 fit to ma6e0
BC The State ,o'ernment may, if it thin6s fit, ca$se to be p$blished any report
made $nder this section or any extracts therefrom0
B#C The State ,o'ernment may ma6e r$les for re"$latin" the proced$re as In:$iries
$nder this section0
91. (O*ER TO TA9E SA%(!ES. & B1C &n Inspector may at any time d$rin" the
normal !or6in" ho$rs of a factory, after informin" the occ$pier or mana"er of the
factory or other person for the time bein" p$rportin" to be in char"e of the factory,
ta6e in the manner hereinafter pro'ided a s$fficient sample of any s$bstance $sed or
intended to be $sed in the factory, s$ch $se bein" 9 BaC in the belief of the Inspector
in contra'ention of any of the pro'isions of this &ct or the r$les made there$nder, or
BbC in the opinion of the Inspector li6ely to ca$se bodily inD$ry to, or inD$ry to the
health of, !or6ers in the factory0
B2C 7here the Inspector ta6es a sample $nder s$b9section B1C, he shall, in the
presence of the person informed $nder that s$b9section $nless s$ch person !ilf$lly
absents himself, di'ide the sample into three portions and effecti'ely seal and
s$itably mar6 them, and shall permit s$ch person to add his o!n seal and mar6
thereto0
B3C The person informed as aforesaid shall, if the Inspector so re:$ires, pro'ide the
appliances for di'idin", sealin" and mar6in" the sample ta6en $nder this section0
- 56 - 56
BC The Inspector shall 9 BaC forth!ith "i'e one portion of the sample to the person
informed $nder s$b9section B1C@
BbC forth!ith send the second portion to a ,o'ernment &nalyst for analysis and
report thereon@
BcC retain the third portion for prod$ction to the Co$rt before !hich proceedin"s, if
any, are instit$ted in respect of the s$bstance0
B#C &ny doc$ment p$rportin" to be a report $nder the hand of any ,o'ernment
&nalyst $pon any s$bstance s$bmitted to him for analysis and report $nder this
section, may be $sed as e'idence in any proceedin"s instit$ted in respect of the
s$bstance0
91A. SAFET) A#$ OCC.(ATIO#A! EA!T S.R/E)S. & B1C The Chief Inspector,
or the Director ,eneral of )actory &d'ice Ser'ice and (abo$r Instit$tes, or the
Director ,eneral of 5ealth Ser'ices, to the ,o'ernment of India, or s$ch other officer
as may be a$thorised in this behalf by the State ,o'ernment or the Chief Inspector
or the Director ,eneral of )actory &d'ice Ser'ice and (abo$r Instit$tes or the
Director ,eneral of 5ealth Ser'ices may, at any time d$rin" the normal !or6in"
ho$rs of a factory, or at any other time as is fo$nd by him to be necessary, after
"i'in" notice in !ritin" to the occ$pier or mana"er of the factory or any other person
!ho for the time bein" p$rports to be in char"e of the factory, $nderta6e safety and
occ$pational health s$r'eys and s$ch occ$pier or mana"er or other person shall
afford all facilities for s$ch s$r'ey, incl$din" facilities for the examination and testin"
of plant and machinery and collection of samples and other data rele'ant to the
s$r'ey0
B2C )or the p$rpose of facilitatin" s$r'eys $nder s$b9section B1C e'ery !or6er shall, if
so re:$ired by the person cond$ctin" the s$r'ey, present himself to $nder"o s$ch
medical examination as may be considered necessary by s$ch person and f$rnish all
information in his possession and rele'ant to the s$r'ey0
B3C &ny time spent by a !or6er for $nder"oin" medical examination or f$rnishin"
information $nder s$b9section B2C shall, for the p$rpose of calc$latin" !a"es and
extra !a"es for o'ertime !or6, be deemed to be time d$rin" !hich s$ch !or6er
!or6ed in the factory0
Explanation A )or the p$rposes of this section, the report, if any, s$bmitted to the
State ,o'ernment by the person cond$ctin" the s$r'ey $nder s$b9section B1C shall
be deemed to be a report s$bmitted by an Inspector $nder this &ct0
9'. ,E#ERA! (E#A!T) FOR OFFE#CES. & Sa'e as is other!ise expressly pro'ided
in this &ct and s$bDect to the pro'isions of section 23, if in, or in respect of, any
factory there is any contra'ention of any of the pro'isions of this &ct or of any r$les
made there$nder or of any order in !ritin" "i'en there$nder, the occ$pier and
mana"er of the factory shall each be "$ilty of an offence and p$nishable !ith
imprisonment for a term !hich may extend to t!o years or !ith fine !hich may
extend to one la6h r$pees or !ith both, and if the contra'ention is contin$ed after
con'iction, !ith a f$rther fine !hich may extend to one tho$sand r$pees for each
day on !hich the contra'ention is so contin$ed A
- 57 - 57
Pro'ided that !here contra'ention of any of the pro'isions of Chapter I4 or any r$le
made there$nder or $nder section 1* has res$lted in an accident ca$sin" death or
serio$s bodily inD$ry, the fine shall not be less than t!enty9fi'e tho$sand r$pees in
the case of an accident ca$sin" death, and fi'e tho$sand r$pees in the case of an
accident ca$sin" serio$s bodily inD$ry0 Explanation A In this section and in section 2
Eserio$s bodily inD$ryE means an inD$ry !hich in'ol'es, or in all probability !ill
in'ol'e, the permanent loss of the $se of, or permanent inD$ry to, any limb or the
permanent loss of, or inD$ry to, si"ht or hearin", or the fract$re of any bone, b$t
shall not incl$de, the fract$re of bone or Doint Bnot bein" fract$re of more than one
bone or DointC of any phalan"es of the hand or foot0
93. !IA+I!IT) OF O*#ER OF (RE%ISES I# CERTAI# CIRC.%STA#CES. & B1C
7here in any premises separate b$ildin"s are leased to different occ$piers for $se as
separate factories, the o!ner of the premises shall be responsible for the pro'ision
and maintenance of common facilities and ser'ices, s$ch as approach roads,
draina"e, !ater s$pply, li"htin" and sanitation0
B2C The Chief Inspector shall ha'e, s$bDect to the control of the State ,o'ernment,
po!er to iss$e orders to the o!ner of the premises in respect of the carryin" o$t of
the pro'isions of s$b9section B1C0
B3C 7here in any premises, independent or self9contained, floors or flats are leased
to different occ$piers for $se as separate factories, the o!ner of the premises shall
be liable as if he !ere the occ$pier or mana"er of a factory, for any contra'ention of
the pro'isions of this &ct in respect of 9 BiC latrines, $rinals and !ashin" facilities in
so far as the maintenance of the common s$pply of !ater for these p$rposes is
concerned@
BiiC fencin" of machinery and plant belon"in" to the o!ner and not specifically
entr$sted to the c$stody or $se of an occ$pier@
BiiiC safe means of access to the floors or flats and maintenance and cleanliness of
staircases and common passa"es@
Bi'C preca$tions in case of fire@
B'C maintenance of hoists and lifts@ and
B'iC maintenance of any other common facilities pro'ided in the premises0
BC The Chief Inspector shall ha'e, s$bDect to the control of the State ,o'ernment,
po!er to iss$e orders to the o!ner of the premises in respect of the carryin" o$t the
pro'isions of s$b9section B3C0
B#C The pro'isions of s$b9section B3C relatin" to the liability of the o!ner shall apply
!here in any premises independent rooms !ith common latrines, $rinals and
!ashin" facilities are leased to different occ$piers for $se as separate factories A
Pro'ided that the o!ner shall be responsible also for complyin" !ith the
re:$irements relatin" to the pro'isions and maintenance of latrines, $rinals and
!ashin" facilities0
- 58 - 58
B%C The Chief Inspector shall ha'e, s$bDect to the control of the State ,o'ernment,
the po!er to iss$e orders to the o!ner of the premises referred to in s$b9section B#C
in respect of the carryin" o$t of the pro'isions of section % or section 10
B*C 7here in any premises portions of a room or a shed are leased to different
occ$piers for $se as separate factories, the o!ner of the premises shall be liable for
any contra'ention of the pro'isions of 9 BiC Chapter III, except sections 1 and 1#@
BiiC Chapter I4, except sections 22, 23, 2*, 3, 3# and 3% A
Pro'ided that in respect of the pro'isions of sections 21, 2 and 32 the o!ners
liability shall be only in so far as s$ch pro'isions relate to thin"s $nder his control A
Pro'ided f$rther that the occ$pier shall be responsible for complyin" !ith the
pro'isions of Chapter I4 in respect of plant and machinery belon"in" to or s$pplied
by him@
BiiiC section 20
B1C The Chief Inspector shall ha'e, s$bDect to the control of the State ,o'ernment,
po!er to iss$e orders to the o!ner of the premises in respect of the carryin" o$t of
the pro'isions of s$b9section B*C0
B2C In respect of s$b9sections B#C and B*C, !hile comp$tin" for the p$rposes of any
of the pro'isions of this &ct the total n$mber of !or6ers employed, the !hole of the
premises shall be deemed to be a sin"le factory0
94. E#A#CE$ (E#A!T) AFTER (RE/IO.S CO#/ICTIO#. & B1C If any person
!ho has been con'icted of any offence p$nishable $nder section 22 is a"ain "$ilty of
an offence in'ol'in" a contra'ention of the same pro'ision, he shall be p$nishable on
a s$bse:$ent con'iction !ith imprisonment for a term !hich may extend to three
years or !ith fine !hich shall not less than ten tho$sand r$pees b$t !hich may
extend to t!o la6h r$pees or !ith both A
Pro'ided that the co$rt may, for any ade:$ate and special reasons to be mentioned
in the D$d"ment, impose a fine of less than ten tho$sand r$peesA
Pro'ided f$rther that !here contra'ention of any of the pro'isions of Chapter I4 or
any r$le made there$nder or $nder section 1* has res$lted in an accident ca$sin"
death or serio$s bodily inD$ry, the fine shall not be less than thirty fi'e tho$sand
r$pees in the case of an accident ca$sin" death and ten tho$sand r$pees in the case
of an accident ca$sin" serio$s bodily inD$ry0
B2C )or the p$rposes of s$b9section B1C, no co"ni;ance shall be ta6en of any
con'iction made more than t!o years before the commission of the offence for !hich
the person is s$bse:$ently bein" con'icted0
9-. (E#A!T) FOR O+STR.CTI#, I#S(ECTOR. & 7hoe'er !ilf$lly obstr$cts an
Inspector in the exercise of any po!er conferred on him by or $nder this &ct, or fails
to prod$ce on demand by an Inspector any re"isters or other doc$ments in his
c$stody 6ept in p$rs$ance of this &ct or of any r$les made there$nder, or conceals or
pre'ents any !or6er in a factory from appearin" before, or bein" examined by, an
- 59 - 59
Inspector, shall be p$nishable !ith imprisonment for a term !hich may extend to six
months or !ith fine !hich may extend to ten tho$sand r$pees or !ith both0
96. (E#A!T) FOR *RO#,F.!!) $ISC!OSI#, RES.!TS OF A#A!)SIS
.#$ER SECTIO# 91. & 7hoe'er, except in so far as it may be necessary for the
p$rposes of a prosec$tion for any offence p$nishable $nder this &ct, p$blishes or
discloses to any person the res$lts of an analysis made $nder section 21, shall be
p$nishable !ith imprisonment for a term !hich may extend to six months or !ith
fine !hich may extend to ten tho$sand r$pees or !ith both0
96A. (E#A!T) FOR CO#TRA/E#TIO# OF TE (RO/ISIO#S OF SECTIO#S
41+, 41C A#$ 41. & B1C 7hoe'er fails to comply !ith or contra'enes any of the
pro'isions of section 1., 1C or 15 or the r$les made there$nder, shall, in respect
of s$ch fail$re or contra'ention, be p$nishable !ith imprisonment for a term !hich
may extend to se'en years and !ith fine !hich may extend to t!o la6h r$pees, and
in case the fail$re or contra'ention contin$es, !ith additional fine !hich may extend
to fi'e tho$sand r$pees for e'ery day d$rin" !hich s$ch fail$re or contra'ention
contin$es after the con'iction for the first s$ch fail$re or contra'ention0
B2C If the fail$re or contra'ention referred to in s$b9section B1C contin$es beyond a
period of one year after the date of con'iction, the offender shall be p$nishable !ith
imprisonment for a term !hich may extend to ten years0
90. OFFE#CES +) *OR9ERS. & B1C S$bDect to the pro'isions of section 111, if any
!or6er employed in a factory contra'enes any pro'ision of this &ct or any r$les or
orders made there$nder, imposin" any d$ty or liability on !or6ers, he shall be
p$nishable !ith fine !hich may extend to fi'e h$ndred r$pees0
B2C 7here a !or6er is con'icted of an offence p$nishable $nder s$b9section B1C, the
occ$pier or mana"er of the factory shall not be deemed to be "$ilty of an offence in
respect of that contra'ention, $nless it is pro'ed that he failed to ta6e all reasonable
meas$res for its pre'ention0
98. (E#A!T) FOR .SI#, FA!SE CERTIFICATE OF FIT#ESS. & 7hoe'er
6no!in"ly $ses or attempts to $se, as a certificate of fitness "ranted to himself $nder
section *3, a certificate "ranted to another person $nder that section, or !ho, ha'in"
proc$red s$ch a certificate, 6no!in"ly allo!s it to be $sed, or an attempt to $se to
be made, by another person, shall be p$nishable !ith imprisonment for a term !hich
may extend to t!o months or !ith fine !hich may extend to one tho$sand r$pees or
!ith both0
99. (E#A!T) FOR (ER%ITTI#, $O.+!E E%(!O)%E#T OF CI!$. & If a child
!or6s in a factory on any day on !hich he has already been !or6in" in another
factory, the parent or "$ardian of the child or the person ha'in" c$stody of or control
o'er him or obtainin" any direct benefit from his !a"es, shall be p$nishable !ith fine
!hich may extend to one tho$sand r$pees $nless it appears to the Co$rt that the
child so !or6ed !itho$t the consent or conni'ance of s$ch parent, "$ardian or
person0
111. $ETER%I#ATIO# OF OCC.(IER I# CERTAI# CASES.& -mitted by the
)actories B&mendmentC &ct, 121*, !0e0f0 19129121* Earlier section 133 !as
amended by the )actories B&mendmentC &ct, 12*%, !0e0f0 2%913912*%0
- 60 - 60
111. E"E%(TIO# OF OCC.(IER OR %A#A,ER FRO% !IA+I!IT) I# CERTAI#
CASES. & 7here the occ$pier or mana"er of a factory is char"ed !ith an offence
p$nishable $nder this &ct, he shall be entitled, $pon complaint d$ly made by him and
on "i'in" to the prosec$tor not less than three clear days notice in !ritin" of his
intention so to do, to ha'e any other person !hom he char"es as the act$al offender
bro$"ht before the Co$rt at the time appointed for hearin" the char"e@ and if, after
the commission of the offence has been pro'ed, the occ$pier or mana"er of the
factory, as the case may be, pro'es to the satisfaction of the co$rt 9 BaC that he has
$sed d$e dili"ence to enforce the exec$tion of this &ct, and
BbC that the said other person committed the offence in :$estion !itho$t his
6no!led"e, consent or conni'ance, 9 that other person shall be con'icted of the
offence and shall be liable to the li6e p$nishment as if he !ere the occ$pier or
mana"er of the factory, and the occ$pier or mana"er, as the case may be, shall be
dischar"ed from any liability $nder this &ct in respect of s$ch offence A Pro'ided that
in see6in" to pro'e as aforesaid, the occ$pier or mana"er of the factory, as the case
may be, may be examined on oath, and his e'idence and that of any !itness !hom
he calls in his s$pport shall be s$bDect to cross9examination on behalf of the person
he char"es as the act$al offender and by the prosec$tor A Pro'ided f$rther that, if
the person char"ed as the act$al offender by the occ$pier or mana"er cannot be
bro$"ht before the Co$rt at the time appointed for hearin" the char"e, the Co$rt
shall adDo$rn the hearin" from time to time for a period not exceedin" three months
and if by the end of the said period the person char"ed as the act$al offender cannot
still be bro$"ht before the Co$rt, the Co$rt shall proceed to hear the char"e a"ainst
the occ$pier or mana"er and shall, if the offence be pro'ed, con'ict the occ$pier or
mana"er0
11'. (O*ER OF CO.RT TO %A9E OR$ERS. & B1C 7here the occ$pier or mana"er
of a factory is con'icted of an offence p$nishable $nder this &ct the Co$rt may, in
addition to a!ardin" any p$nishment, by order in !ritin" re:$ire him, !ithin a period
specified in the order B!hich the Co$rt may, if it thin6s fit and on application in s$ch
behalf, from time to time extendC to ta6e s$ch meas$res as may be so specified for
remedyin" the matters in respect of !hich the offence !as committed0
B2C 7here an order is made $nder s$b9section B1C, the occ$pier or mana"er of the
factory, as the case may be, shall not be liable $nder this &ct in respect of the
contin$ation of the offence d$rin" the period or extended period, if any, allo!ed by
the Co$rt, b$t if, on the expiry of s$ch period or extended period, as the case may
be, the order of the Co$rt has not been f$lly complied !ith, the occ$pier or mana"er,
as the case may be, shall be deemed to ha'e committed a f$rther offence, and may
be sentenced therefor by the Co$rt to $nder"o imprisonment for a term !hich may
extend to six months or to pay a fine !hich may extend to one h$ndred r$pees for
e'ery day after s$ch expiry on !hich the order has not been complied !ith, or both
to $nder"o s$ch imprisonment and to pay s$ch fine, as aforesaid0
113. (RES.%(TIO# AS TO E%(!O)%E#T. & If a person is fo$nd in a factory at
any time, except d$rin" inter'als for meals or rest, !hen !or6 is "oin" on or the
machinery is in motion, he shall $ntil the contrary is pro'ed, be deemed for the
p$rposes of this &ct and the r$les made there$nder to ha'e been at that time
employed in the factory0
- 61 - 61
114. O#.S AS TO A,E. & B1C 7hen any act or omission !o$ld, if a person !ere
$nder a certain a"e, be an offence p$nishable $nder this &ct, and s$ch person is in
the opinion of the Co$rt prima facie $nder s$ch a"e, the b$rden shall be on the
acc$sed to pro'e that s$ch person is not $nder s$ch a"e0
B2C & declaration in !ritin" by a certifyin" s$r"eon relatin" to a !or6er that he has
personally examined him and belie'es him to be $nder the a"e stated in s$ch
declaration shall, for the p$rposes of this &ct and the r$les made there$nder, be
admissible as e'idence of the a"e of that !or6er0
114A. O#.S OF (RO/I#, !I%ITS OF *AT IS (RACTICA+!E, ETC.& In any
proceedin" for an offence for the contra'ention of any pro'ision of this &ct or r$les
made there$nder consistin" of a fail$re to comply !ith a d$ty or re:$irement to do
somethin", it shall be for the person !ho is alle"ed to ha'e failed to comply !ith
s$ch d$ty or re:$irement, to pro'e that it !as not reasonably practicable, or, as the
case may be, all practicable meas$res !ere ta6en to satisfy the d$ty or re:$irement0
11-. CO,#I;A#CE OF OFFE#CES. B1C +o Co$rt shall ta6e co"ni;ance of any
offence $nder this &ct except on complaint by, or !ith the pre'io$s sanction in
!ritin" of, an Inspector0
B2C +o Co$rt belo! that of a Presidency /a"istrate or of a /a"istrate of the first
class shall try any offence p$nishable $nder this &ct0
116. !I%ITATIO# OF (ROSEC.TIO#S. & +o Co$rt shall ta6e co"ni;ance of any
offence p$nishable $nder this &ct $nless complaint thereof is made !ithin three
months of the date on !hich the alle"ed commission of the offence came to the
6no!led"e of an Inspector A
Pro'ided that !here the offence consists of disobeyin" a !ritten order made by an
Inspector, complaint thereof may be made !ithin six months of the date on !hich
the offence is alle"ed to ha'e been committed0
Explanation A )or the p$rposes of this section, 9 BaC in the case of a contin$in"
offence, the period of limitation shall be comp$ted !ith reference to e'ery point of
time d$rin" !hich the offence contin$es@
BbC !here for the performance of any act time is "ranted or extended on an
application made by the occ$pier or mana"er of a factory, the period of limitation
shall be comp$ted from the date on !hich the time so "ranted or extended expired0
116A. =.RIS$ICTIO# OF A CO.RT FOR E#TERTAI#I#, (ROCEE$I#,S, ETC.,
FOR OFFE#CE. & )or the p$rposes of conferrin" D$risdiction on any co$rt in relation
to an offence $nder this &ct or the r$les made there $nder in connection !ith the
operation of any plant, the place !here the plant is for the time bein" sit$ate shall be
deemed to be the place !here s$ch offence has been committed0
110. A((EA!S. & B1C The mana"er of a factory on !hom an order in !ritin" by an
Inspector has been ser'ed $nder the pro'isions of this &ct or the occ$pier of the
factory may, !ithin thirty days of the ser'ice of the order, appeal a"ainst it to the
- 62 - 62
prescribed a$thority, and s$ch a$thority may, s$bDect to r$les made in this behalf by
the State ,o'ernment, confirm, modify or re'erse the order0
B2C S$bDect to r$les made in this behalf by the State ,o'ernment B!hich may
prescribe classes of appeals !hich shall not be heard !ith the aid of assessorsC, the
appellate a$thority may, or if so re:$ired in the petition of appeal shall, hear the
appeal !ith the aid of assessors, one of !hom shall be appointed by the appellate
a$thority and the other by s$ch body representin" the ind$stry concerned as may be
prescribed A
Pro'ided that if no assessor is appointed by s$ch body before the time fixed for
hearin" the appeal, or if the assessor so appointed fails to attend the hearin" at s$ch
time, the appellate a$thority may, $nless satisfied that the fail$re to attend is d$e to
s$fficient ca$se, proceed to hear the appeal !itho$t the aid of s$ch assessor or, if it
thin6s fit, !itho$t the aid of any assessor0
B3C S$bDect to s$ch r$les as the State ,o'ernment may ma6e in this behalf and
s$bDect to s$ch conditions as to partial compliance or the adoption of temporary
meas$res as the appellate a$thority may in any case thin6 fit to impose, the
appellate a$thority may, if it thin6s fit, s$spend the order appealed a"ainst pendin"
the decision of the appeal0
118. $IS(!A) OF #OTICES. & B1C In addition to the notices re:$ired to be
displayed in any factory by or $nder this &ct, there shall be displayed in e'ery factory
a notice containin" s$ch abstracts of this &ct and of the r$les made there$nder as
may be prescribed and also the name and address of the Inspector and the certifyin"
s$r"eon0
B2C &ll notices re:$ired by or $nder this &ct to be displayed in a factory shall be in
En"lish and in a lan"$a"e $nderstood by the maDority of the !or6ers in the factory,
and shall be displayed at some conspic$o$s and con'enient place at or near the main
entrance to the factory, and shall be maintained in a clean and le"ible condition0
B3C The Chief Inspector may, by order in !ritin" ser'ed on the mana"er of any
factory, re:$ire that there shall be displayed in the factory any other notice or poster
relatin" to the health, safety or !elfare of the !or6ers in the factory0
119. SER/ICE OF #OTICE. & The State ,o'ernment may ma6e r$les prescribin"
the manner of the ser'ice of orders $nder this &ct on o!ners, occ$piers or mana"ers
of factories0
111. RET.R#S. & The State ,o'ernment may ma6e r$les re:$irin" o!ners,
occ$piers or mana"ers of factories to s$bmit s$ch ret$rns, occasional or periodical,
as may in its opinion be re:$ired for the p$rposes of this &ct0
111. O+!I,ATIO#S OF *OR9ERS. 9 B1C +o !or6er in a factory 9 BaC shall !ilf$lly
interfere !ith or mis$se any appliance, con'enience or other thin" pro'ided in a
factory for the p$rposes of sec$rin" the health, safety or !elfare of the !or6ers
therein@
- 63 - 63
BbC shall !ilf$lly and !itho$t reasonable ca$se do anythin" li6ely to endan"er himself
or others@ and
BcC shall !ilf$lly ne"lect to ma6e $se of any appliance or other thin" pro'ided in the
factory for the p$rposes of sec$rin" the health or safety of the !or6ers therein0
B2C If any !or6er employed in a factory contra'enes any of the pro'isions of this
section or of any r$le or order made there$nder, he shall be p$nishable !ith
imprisonment for a term !hich may extend to three months, or !ith fine !hich may
extend to one h$ndred r$pees, or !ith both0
111A. RI,T OF *OR9ERS, ETC. 9 E'ery !or6er shall ha'e the ri"ht to 9 BiC
obtain from the occ$pier, information relatin" to !or6ers< health and safety at !or6@
BiiC "et trained !ithin the factory !here'er possible, or, to "et himself sponsored by
the occ$pier for "ettin" trained at a trainin" centre or instit$te, d$ly appro'ed by the
Chief Inspector, !here trainin" is imparted for !or6ers< health and safety at !or6@
BiiiC represent to the Inspector directly or thro$"h his representati'e in the matter of
inade:$ate pro'ision for protection of his health or safety in the factory0
11'. ,E#ERA! (O*ER TO %A9E R.!ES. & The State ,o'ernment may ma6e
r$les pro'idin" for any matter !hich, $nder any of the pro'isions of this &ct, is to be
or may be prescribed or !hich may be considered expedient in order to "i'e effect to
the p$rposes of this &ct0
113. (O*ERS OF CE#TRE TO ,I/E $IRECTIO#S.& The Central ,o'ernment may
"i'e directions to a State ,o'ernment as to the carryin" into exec$tion of the
pro'isions of this &ct0
114. #O CAR,E FOR FACI!ITIES A#$ CO#/E#IE#CES. & S$bDect to the
pro'isions of section % no fee or char"e shall be realised from any !or6er in respect
of any arran"ements or facilities to be pro'ided, or any e:$ipments or appliances to
be s$pplied by the occ$pier $nder the pro'isions of this &ct0
11-. (.+!ICATIO# OF R.!ES. & B1C &ll r$les made $nder this &ct shall be
p$blished in the -fficial ,a;ette, and shall be s$bDect to the condition of pre'io$s
p$blication@ and the date to be specified $nder cla$se B3C of section 23 of the
,eneral Cla$ses &ct, 112* B13 of 112*C, shall be not less than forty9fi'e days from
the date on !hich the draft of the proposed r$les !as p$blished0
B2C E'ery r$le made by the State ,o'ernment $nder this &ct shall be laid, as soon as
may be after it is made, before the State (e"islat$re0
116. A((!ICATIO# OF ACT TO ,O/ER#%E#T FACTORIES. & 8nless other!ise
pro'ided this &ct shall apply to factories belon"in" to the Central or any State
,o'ernment0
- 64 - 64
110. (ROTECTIO# TO (ERSO#S ACTI#, .#$ER TIS ACT. & +o s$it,
prosec$tion or other le"al proceedin" shall lie a"ainst any person for anythin" !hich
is in "ood faith done or intended to be done $nder this &ct0
118. RESTRICTIO# O# $ISC!OS.RE OF I#FOR%ATIO#. & B1C +o Inspector
shall, !hile in ser'ice or after lea'in" the ser'ice, disclose other!ise than in
connection !ith the exec$tion, or for the p$rposes, of this &ct any information
relatin" to any man$fact$rin" or commercial b$siness or any !or6in" process !hich
may come to his 6no!led"e in the co$rse of his official d$ties0
B2C +othin" in s$b9section B1C shall apply to any disclos$re of information made !ith
the pre'io$s consent in !ritin" of the o!ner of s$ch b$siness or process of for the
p$rposes of any le"al proceedin" Bincl$din" arbitrationC p$rs$ant to this &ct or of any
criminal proceedin" !hich may be ta6en, !hether p$rs$ant to this &ct or other!ise,
or for the p$rpose of any report of s$ch proceedin"s as aforesaid0
B3C If any Inspector contra'enes the pro'isions of s$b9section B1C he shall be
p$nishable !ith imprisonment for a term !hich may extend to six months, or !ith
fine !hich may extend to one tho$sand r$pees, or !ith both0
118A. RESTRICTIO# O# $ISC!OS.RE OF I#FOR%ATIO#. & B1C E'ery Inspector
shall treat as confidential the so$rce of any complaint bro$"ht to his notice on the
breach of any pro'ision of this &ct0
B2C +o inspector shall, !hile ma6in" an inspection $nder this &ct, disclose to the
occ$pier, mana"er or his representati'e that the inspection is made in p$rs$ance of
the receipt of a complaint A Pro'ided that nothin" in this s$b9section shall apply to
any case in !hich the person !ho has made the complaint has consented to disclose
his name0
119. ACT TO A/E EFFECT #OT*ITSTA#$I#, A#)TI#, CO#TAI#E$ I#
ACT 30 OF 1901. & The pro'isions of this &ct shall ha'e effect not!ithstandin"
anythin" inconsistent there!ith contained in the Contract (abo$r BRe"$lation and
&bolitionC &ct, 12*3 or any other la! for the time bein" in force0
1'1. RE(EA! A#$ SA/I#,S. & The enactments set o$t in the Table appended to
this section are hereby repealed A Pro'ided that anythin" done $nder the said
enactments !hich co$ld ha'e been done $nder this &ct if it had then been in force
shall be deemed to ha'e been done $nder this &ct0
T&.(E 9 >Enactments repealed0?
- 65 - 65
Sched$le I
!IST OF I#$.STRIES I#/O!/I#, A;AR$O.S (ROCESSES.
T5E )IRST SC5ED8(E
>See section 2BcbC?
10 )erro$s metall$r"ical Ind$stries
9 Inte"rated Iron and Steel
9 )erro9alloys
9 Special Steels
20 +on9ferro$s metall$r"ical Ind$stries
9 Primary /etall$r"ical Ind$stries, namely, ;inc, lead, copper man"anese and
al$min$m
30 )o$ndries Bferro$s and non9ferro$sC
9 Castin"s and for"in"s incl$din" cleanin" or smoothin"Hro$"henin" by sand and shot
blastin"0
0 Coal Bincl$din" co6eC ind$stries0 9 Coal, (i"nite, Co6e, etc0
9 )$el ,ases Bincl$din" Coal "as, Prod$cer "as, and 7ater "asC
#0 Po!er ,eneratin" Ind$stries
%0 P$lp and paper Bincl$din" paper prod$ctsC ind$stries
*0 )ertili;er Ind$stries
9 +itro"eno$s
9 Phosphates
9 /ixed
10 Cement Ind$stries
9 Portland Cement Bincl$din" sla" cement, p$;;olona cement and their prod$ctsC
20 Petrole$m Ind$stries
9 -il Refinin"
- 66 - 66
9 ($bricatin" -ils and ,reases
130 Petrol9chemical Ind$stries
110 Dr$"s and Pharmace$tical Ind$stries
9 +arcotics, Dr$"s and Pharmace$ticals
120 )ermentation Ind$stries BDistilleries and .re!eriesC
130 R$bber BSyntheticC Ind$stries
10 Paints and Pi"ment Ind$stries
1#0 (eather Tannin" Ind$stries
1%0 Electro9platin" Ind$stries
1*0 Chemical Ind$stries
9 Co6e -'en by9prod$cts and Coal tar Distillation Prod$cts
9 Ind$strial ,ases Bnitro"en, oxy"en, acetylene, ar"on, carbon9dioxide, hydro"en,
s$lph$r9dioxide, nitro$s oxide, halo"enated hydro9carbon, o;one etc0C
9 Ind$strial Carbon
9 &l6alis and &cids
9 Chromates and dichromates
9 (eads and its compo$nds
9 Electrochemical Bmetallic sodi$m, potassi$m and ma"nesi$m, chlorates, per
chlorates and peroxidesC
9 Electro thermal prod$ces Bartificial abrasi'e, calci$m carbideC
9 +itro"eno$s compo$nds Bcyanides, cyanamides and other nitro"eno$s compo$ndsC
9 Phosphoro$s and its compo$nds
9 5alo"ens and 5alo"enated compo$nds BChlorine, )l$orine, .romine and IodineC
9 Explosi'es Bincl$din" ind$strial explosi'es and detonators and f$sesC
110 Insecticides, )$n"icides, herbicides and other Pesticides Ind$stries
120 Synthetic Resin and Plastics
- 67 - 67
230 /an9made )iber BCell$lose and non9cell$loseC Ind$stry
210 /an$fact$re and repair of electrical acc$m$lators
220 ,lass and Ceramics
230 ,rindin" or "la;in" of metals
20 /an$fact$re, handlin" and processin" of asbestos and its prod$cts
2#0 Extraction of oils and fats from 'e"etable and animal so$rces
2%0 /an$fact$re, handlin" and $se of ben;ene and s$bstances containin" ben;ene
2*0 /an$fact$rin" processes and operations in'ol'in" carbon dis$lphide
210 Dyes and Dyest$ff incl$din" their intermediates
220 5i"hly flammable li:$ids and "ases0
Sch0 II
PER/ISSI.(E (E4E(S -) CERT&I+ C5E/IC&( S8.ST&+CES I+ 7-RI
E+4IR-+/E+T0
T5E SEC-+D SC5ED8(E
>See section 1)?
PER/ISSI.(E (E4E(S -) CERT&I+ C5E/IC&( S8.ST&+CES I+ 7-RI E+4IR-+/E+T
Sl.
#o.
Su>st4nce (e568ss8>le l868ts of e?3osu5e
5 e
T86e&
*e8@hted
47e54@e
concent54t8on
(T*A)
(T*A)
Sho5t&te56
e?3osu5e
l868ts (1-
68n.)
(STE!)
a a ((6 6@A63 ((6 6@A63
1 ' 3 4 - 6
1 &cetaldehyde 133 113 1#3 2*3
2 &cetic &cid 13 2# 1# 3*
3 &cetone *#3 1*13 1333 23*#
- 68 - 68
&crolein 31 302# 303 301
#
&crylonitrile9s6in
BS0CC
2 0# 9 9
% &ldrin9s6in 9 302# 9 9
* &llyl Chloride 1 3 2 %
1 &mmonia 302# 11 3# 2*
2 &niline9s6in 2 13 9 9
13
&nisidine
B-0P0isomersC9s6in
301 30# 9 9
11
&rsenic J Sol$ble
compo$nds Bas &sC
9 302 9 9
12 .en;ene BS0CC 13 33 9 9
13
.erylli$m J
Compo$nds Bas .eC
BS0CC
9 30332 9 9
1 .oron trifl$oride C 1 3 9 9
1# .romine 301 30* 303 2
1% .$tane 133 1233 9 9
1*
29.$tanone B/ethyl
ethyl Ietene /EIC
233 #23 333 11#
11 +9.$tyl acetate 1#3 *13 233 2#3
12 +9.$tyl alcohol9s6in9C #3 1#3 9 9
23
SceHtert, .$tyl
acetate
233 2#3 9 9
21 .$tyl /ercaptan 30# 10# 9 9
22
Cadmi$m9d$st and
salts Bas CdC
9 303# 9 9
23 Calci$m oxide 9 2 9 9
2 Carbonyl BSe'inC 9 # 9 9
2# Carbof$ran B)$radanC 9 301 9 9
2%
Carbon dis$lphide9
s6in
13 33 9 9
2* Carbon monoxide #3 ## 33 3
21
Carbon tetrachloride9
s6in BS0C0C
# 33 9 9
22 Chlordane9s6in 9 30# 9 2
33 Chlorine 1 3 3 2
31
Chloroben;ene
Bmonochloroben;eneC
*# 3#3 9 9
32 Chloroform BS0C0C 13 #3 9 9
33
bis9BChloromethylC
ether B50C0C
30331 3033# 9 9
3 Chromic acid and 9 303# 9 9
- 69 - 69
chromates Bas CrC
B7ater sol$bleC
3# Chromos Salts Bas CrC 9 30# 9 9
3% Copper f$me 9 302 9 9
3* Cotton d$st, ra! 9 302 9 9
31
Cresol, all isomers9
s6in
# 22 9 9
32 Cyanides Bas CnC9s6in 9 # 9 9
3 Cyano"ens 13 23 9 9
1
DDT BDichlorodiphenyl
TrichloroethaneC
9 1 9 9
2 Demeton9s6in 3031 301 9 9
3 Dia;inon9s6in 9 301 9 9
Dib$tyl Phythalate 9 # 9 9
#
Dichloro$s BDD4PC9
s6in
9 1 9 9
% Dieldrin9s6in 9 302# 9 9
*
Dinitroben;ene Ball
isomersC9s6in
301# 1 9 9
1 Dinitrotol$ene9s6in 9 10# 9 9
2 Diphenyl B.iphenylC 302 10# 9 9
#3
Endos$lfan BThiodanC9
s6in
9 301 9 9
#1 Endrin9s6in 9 301 9 9
#2 Ethyl acetate 33 133 9 9
#3 Ethyl alcohol 1333 1233 9 9
# Ethylamin 13 11 9 9
## )l$orides Bas )C 9 20# 9 9
#% )l$orine 1 2 2
#* )ormaldehyde BS0C0C 103 10# 2 3
#1 )ormic &cid # 2 9 9
#2 ,asoline 333 233 #33 1#33
%3 5ydra;ine9s6in BS0C0C 301 301 9 9
%1 5ydro"en Chloride9C # * a a
%2
5ydro"en Cyanide
s6in9C
13 13 9 9
%3
5ydro"en )l$oride Bas
)C9C
3 20# 9 9
% 5ydro"en Peroxide 1 10# 9 9
%# 5ydro"en S$lphide 13 1 1# 21
%% Iodine9C 301 1 9 9
%* Iron -xide )$me 9 # 9 9
- 70 - 70
B)3233C Bas )eC
%1 Isoamyl acetate 133 #2# 9 9
%2 Isoamyl alcohol 133 3%3 12# #3
*3 Isob$tyl alcohol #3 1#3 9 9
*1
(ead, inor", d$sts,
d$sts and f$mes Bas
PbC
9 301# 9 9
*2 (indane9s6in 9 30# 9 9
*3 /alathion9s6in 9 13 9 9
*
/an"anese d$st and
compo$nds Bas B/nC9
C
9 # 9 9
*#
/an"anese )$me Bas
/nC
9 1 9 3
*% /erc$ry Bas 5"C9s6in a a a a
a BiC &l6yle compo$nds 9 3031 9 3033
a
BiiC &ll forms except
al6yle 'apo$r
9 303# 9 9
a
BiiiC &ryle and
inor"anic compo$nds
9 301 9 9
**
/ethyl alcohol
B/ethanolC9s6in
233 2%3 2#3 313
*1
/ethyl cellosol'e B29
methoxyethanolC9s6in
# 1% 9 9
*2
/ethyl isob$tyl
Ietone
#3 23# *# 333
13
/ethyl Isocyanate9
s6in
3032 303# 9 9
11 +aphthalene 13 #3 1# *#
12
+ic6el carbonyl Bas
+iC
303# 303# 9 9
13 +itric acid 2 # 13
1 +itric -xide 2# 33 9 9
1# +itroben;ene9s6in 1 # 9 9
1% +itro"en dioxide 3 % # 13
1* -il mist mineral 9 # 9 13
11 -;one 301 302 303 30%
12 Parathion9s6in 9 301 9 9
23 Phenol9s6in # 12 a a
21 Phorate BThimetC9s6in 9 303# 302 9
- 71 - 71
22
Phos"ene BCarbonyl
ChlorideC
301 30 9 9
23 Phosphine 303 30 1 1
2 Phosphoric acid 9 1 9 3
2# Phosphor$s Byello!C 9 301 9 9
2%
Phosphor$s penta9
chloride
301 1 9 9
2* Phosphor$s trichloride
302
10# 30# 3
21 Picric acid9s6in 9 301 9
303
22 Pyridine # 1# 9 9
133
Silans Bsilicon
tetrahydrideC
# * 9 9
131 Sodi$m hydroxide9C 9 2 9 9
132
Styrene, monomer
BphanylethleneC
#3 21# 133 2#
133 S$lph$r dioxide 2 # # 13
13 S$lph$r hexafl$oride 1333 %333 9 9
13# S$lph$ric acid 9 1 9 9
13%
Tetraethyl lead Bas
PbC 9 S6in
9 301 9 9
13* Tol$ene BTol$olC 133 3*# 1#3 #%3
131
-9Tol$idine9s6in
BS0C0C
2 2 9 9
132 Trib$tylphosohate 302 20# 9 9
113 Trichloroethylene #3 2*3 233 1313
111
8rani$m nat$ral Bas
8C
9 302 9 30%
112 4inyl Chloride B50C0C # 13 9 9
113 7eldin" f$mes 9 # 9 9
11
Fylene B-9m9P9
isomersC
133 3# 1#3 %##
11# Kinc oxide d a a a
f BiC )$me 9 #03 9 13
d BiiC D$st BTotal d$stC 9 13033 9 9
11%
Kirconi$m compo$nds
Bas KrC
9 # 9 13
- 72 - 72
TE TIR$ SCE$.!E
BSee sect8ons 89 4nd 91C
!IST OF #OTIFIA+!E $ISEASES
10 (ead poisonin", incl$din" poisonin" by any preparation or compo$nd of lead or
their se:$elae0
20 (ead tetra9ethyl poisonin"
30 Phosphor$s poisonin" or its se:$elae0
0 /erc$ry poisonin" or its se:$elae0
#0 /an"anese poisonin" or its se:$elae0
%0 &rsenic poisonin" or its se:$elae0
*0 Poisonin" by nitro$s f$mes0
10 Carbon dis$lphide poisonin"0
20 .en;ene poisonin", incl$din" poisonin" by any of its homolo"$es, their nitro or
amido deri'ati'es or its se:$elae0
130 Chrome $lceration or its se:$elae0
110 &nthrax0
120 Silicosis0
130 Poisonin" by halo"ens or halo"en deri'ati'es of the hydrocarbons of the aliphatic
series0
10 Patholo"ical manifestations d$e to
BaC radi$m or other radio9acti'e s$bstances0
BbC F9rays0
1#0 Primary epitheliomato$s cancer of s6in0
1%0 Toxic anaemia0
1*0 Toxic Da$ndice d$e to poisono$s s$bstances0
- 73 - 73
110 -il acne or dermatitis d$e to mineral oils and compo$nds containin" mineral oil
base0
120 .yssionosis0
230 &sbestosis0
210 -cc$pational or contract dermatitis ca$sed by direct contract !ith chemicals and
paints0 These are of t!o types, that is primary irritants and aller"ic sensiti;ers0
220 +oise ind$ced hearin" loss Bexpos$re to hi"h noise le'elsC0
230 .eriylli$m poisonin"0
20 Carbon monoxide
2#0 Coal miners< pno$moconiosis0
2%0 Phos"ene poisonin"0
2*0 -cc$pational cancer0
210 Isocyanates poisonin"0
220 Toxic nephirits0
- 74 - 74

Indian Factory Act 1948 (The Factories Act 1948)

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Indian Factory Act 1948 (The Factories Act 1948)

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INDIAN FACTORY ACT 1948

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