PROVISIONS RELATING TO

HAZARDOUS PROCESS

2. DEFINATION

4. CONSTITUION OF SITE APPRAISAL COMMITTEE

6. COMPULSORY DISCLOSURE OF INFORMATION BY

THE OCCUPIER

8. SPECIFIC RESPONSIBILITY OF THE OCUPIER IN

RELATION TO HAZARDOUS PROCESSES

10. POWER OF THE CENTRAL GOVT TO APPOINT

PROVISIONS RELATING TO
HAZARDOUS PROCESS
6. PERMISSIBLE LIMITS

8. WORKERS PARTICIPATION IN SAFETY

MANAGEMENT

10.RIGHT OF WORKERS TO WARN ABOUT

DANGERS
1. DEFINATION
 Sec 2 (cb) – If any process or activity in
relation to an industry specified in the
first Sch, where unless special care is
taken the raw materials used therein or
the intermediate or finished products,
by-products, wastes or effluents thereof
would---i) cause material impairment to
the health of the persons engaged in or
connected therewith; or
 ii) result in the pollution of the general
environment
 Provided that the State Govt. may
2. CONSTITUION OF SITE
APPRAISAL COMMITTEE
1. Appointed by the State Govt
2. Recommendation within 90
days from the receipt of the
application
3. Call for additional information
4. Not necessary to obtain a
further approval
3. COMPULSORY DISCLOSURE
OF INFORMATION BY THE
OCCUPIER
Disclose in prescribed manner to
the workers, the CI, the local
authority and the general public in
the vicinity
Lay down a detailed policy
Emergency plan and disaster
control measures
Penalty or liable to cancellation of
4. SPECIFIC RESPONSIBILITY
OF THE OCUPIER IN RELATION
TO HAZARDOUS PROCESSES
To maintain health records and
medical records
Appoint persons who possess
qualifications and experience to
supervise such handling within the
factory.
5. POWER OF THE CENTRAL
GOVT TO APPOINT INQUIRY
COMMITTEE
In the event of occurrence of
extraordinary situation appoint
Inquiry Committee to find out the
causes of any failure in the
adoption of measures

Recommendations are advisory in

nature
6. PERMISSIBLE LIMITS

The maximum permissible limits

are indicated in Second Sch.

The Central Govt. may make

suitable changes in the said Sch.
7. WORKERS PARTICIPATION
IN SAFETY MANAGEMENT
Theoccupier shall set up a Safety
Committee

The composition, the tenure, their

rights and duties shall be as
prescribed
8. RIGHT OF WORKERS
TO WARN ABOUT
DANGERS
If there is a reasonable
apprehension that there imminent
danger, the workers can bring it to
the notice of the occupier
Duty to take immediate remedial
action
Or refer the matter to the nearest
Inspector whose decision is final
Sec. 10 Certifying
Surgeons
The State Govt. can appoint
qualified medical practitioners as
Certifying Surgeons

Duties of the Certifying Surgeons

Employment of children and
adolescents
Introduction
Maintenance of register
Prohibition of employment of
children and adolescents
Certificate of fitness and token
Procedure to issue Certificate by the
Certifying Surgeon
Valid for 12 months
Revoke the certificate – state
reasons
Working hours for adolscents
◦ Maximum hours for 4-1/2 hrs a day
◦ Period of work to be limited to two
shifts
◦ The shifts should not overlap
◦ The spread over not to exceed 5 hrs
◦ Spread over not to change once in 30
days
◦ No double employment
◦ During 10p.m and 6a.m employment
is prohibited
◦ Female child can work only between
Notice of period of work for
adolescents

◦ To have an effective control

◦ Display notice in the factory premises
◦ Entries to be made against the name
in the register
Annual Leave with wages to
workers – Sec. 79
Qualifying period
◦ 240 days in earlier calendar year
including
The days of lay off
Leave earned in the year prior to which leave
is applied for
Maternity leave of maximum 12 weeks
◦ Rate of Leave
Adult– 1 day for 20 days
Adolescent – 1 day for 15 days
Unavailed Leave
Adult – 30 days
Child – 40 days
Procedure for availing Leave
◦ Application 15 days in advance in case
of PUC 30 days in advance
◦ 3 installments in a year
◦ For illness– need not apply in advance
Wages to be paid to him 15 days in advance
and in case of PUC 30 days in advance
◦ Notice of discharge
◦ Calculation of Wages Sec-80
At a rate equal to the daily average of the
days actually worked in the immediately
preceding month
Exclusive of any overtime or bonus
Inclusive of any D.A and cash advantage
◦ Advance Payment
Adult – 4 days
Child – 5 days
◦ Mode of recovery
Under Sec. 82 of the Payment of Wages
Act
◦ Powers of the State Govt.
Keep registers
Available for inspection
Other Provisions
Sec.85– Empowers the State Govt.
to relax the provisions of no. of
workers to any factory
Sec.87 A– Empowers the inspector
to prohibit employment
Sec. 91 A – Empowers the Chief
inspector to undertake Safety and
occupational health surveys
A MAJOR leakage of a poisonous
gas in an industrial plant caused
death of five workmen besides
injuring 15 others. The `occupier'
of the industrial plant pleaded that
he had exercised all due diligence
to prevent the escape of the gas
and that the leak was attributable
to an act of God. Will he succeed?
Refer to decide case law in
support of your answer.
Acanteen business is carried on
by the employer with the one
employee. The canteen is
attached to a college. You are the
HR head of the college. The
employee is insisting on the
applicability of the factories Act.
What action would you take?
Decide it with a suitable case law
An employee (18 yrs) is working
as a computer operator for an
establishment which is producing
films for 5 years. In the 6th year he
applies for leave for 30 days.
Whether he is eligible for leave
with wage. Compute his amount of
leave on the basis of the foll.
Information
◦ He had availed a previous leave for
10 days in his 3rs year of service
◦ He is entitled to wages of Rs. 3000/-
+ overtime work of Rs. 100/- per hour.