LEGAL APPROACH
Ensuring Legal Services

Username:   Password:    New User? Register Now!!!
 
www.consumerredressal.com
  Home >>  
  About Us >>  
  Judgments >>  
  Areas of Practice >>  
  Cause Lists >>  
  Bare Acts >>  
  News and Articles >>  
  Formats >>  
  Contact us >>  
  Blog >>  
  Disclaimer >>  
THE FACTORIES ACT, 1948 (Sec 67 to 120)  

 

 

 
70. Effect of certificate of fitness granted to adolescent.

70. Effect of certificate of fitness granted to adolescent. (1) An adolescent who has been granted a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69, and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to be an adult for all the purposes of Chapters VI and VIII: 1* * * * * 1*[(1A) No female adolescent or a male adolescent who has not attained the age of seventeen years but who has been granted a certificate of fitness to work in a factory as an adult, shall be required or allowed to work in any factory except between 6 A.M. and 7 P.M: Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories,-- (i) vary the limits laid down in this sub- section so, however, that no such section shall authorise the employment of any female adolescent between 10 P.M. and 5 A.M.; (ii) grant exemption from the provisions of this sub-section in case of serious emergency where national interest is involved.] (2) An adolescent who has not been granted a certificate of fitness to work in a factory as an adult under the aforesaid clause (b) shall, notwithstanding his age, be deemed to be a child for all the purposes of this Act.

 
71. Working hours for children.

71. Working hours for children. (1) No child shall be employed or permitted to work, in any factory-- (a) for more than four and a half hours in any day; 2*[(b) during the night. Explanation.--For the purpose of this sub-section "night" shall mean a period of at least twelve consecutive hours which shall include the interval between 10 P.M. and 6 A.M.] (2) The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not, except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days. (3) The provisions of section 52 shall apply also to child workers and no exemption from the provisions of that section may be granted in respect of any child. (4) No child shall be required or allowed to work in any factory on any day on which he has already been working in another factory. 3*[(5) No female child shall be required or allowed to work in any factory except between 8 A.M. and 7 P.M.] --------------------------------------------------------------------- 1. Omitted and ins. by Act 20 of 1987, s. 22 (w.e.f. 1.12.87). 2. Subs. by Act 25 of 1954 s. 19. 3. Ins. by Act 20 of 1987 s. 23 (w.e.f. 1.12.1987).

 
72. Notice of periods of work for children.

72. Notice of periods of work for children. (1) There shall be displayed and correctly maintained in every factory in which children are employed, in accordance with the provisions of sub-section (2) of section 108 a notice of periods of work for children, showing clearly for every day the periods during which children may be required or allowed to work. (2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the method laid down for adult workers in section 61, and shall be such that children working for those periods would not be working in contravention of any of the provisions of section 71. (3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply also to the notice required by sub-section (1) of this section.

 
73. Register of child workers.

73. Register of child workers. (1) The manager of every factory in which children are employed shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carried on in a factory, showing- (a) the name of each child worker in the factory, (b) the nature of his work, (c) the group, if any, in which he is included, (d) where his group works on shifts, the relay to which he is allotted, and (e) the number of his certificate of fitness granted under section 69. 1*[(1A) No child worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of child workers.] (2) The State Government may prescribe the form of the register of child workers, the manner in which it shall be maintained and the period for which it shall be preserved.

 

74. Hours of work to correspond with notice under section 72 and registerunder section 73.

74. Hours of work to correspond with notice under section 72 and register under section 73. No child shall be employed in any factory otherwise than in accordance with the notice of periods of work for children displayed in the factory and the entries made beforehand against his name in the register of child workers of the factory. --------------------------------------------------------------------- 1. Ins. by Act 94 of 1976, s. 30 (w.e.f. 26-10-1976). 74

 
75. Power to require medical examination.

75. Power to require medical examination. Where an Inspector is of opinion-- (a) that any person working in a factory without a certificate of fitness is a young person, or (b) that a young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein,-- he may serve on the manager of the factory a notice requiring that such person or young person, as the case may be, shall be examined by a certifying surgeon, and such person or young person shall not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person.

 
76. Power to make rules.

76. Power to make rules. The State Government may make rules- (a) prescribing the forms of certificates of fitness to be granted under section 69, providing for the grant of duplicates in the event of loss of the original certificates, and fixing the fees which may be charged for such certificates and renewals thereof and such duplicates; (b) prescribing the physical standards to be attained by children and adolescents working in factories; (c) regulating the procedure of certifying surgeons under this Chapter; (d) specifying other duties which certifying surgeons may be required to perform in connection with the employment of young persons factories, and fixing the fees which may be charged for such duties and the persons by whom they shall be payable.

 
77. Certain other provisions of law not barred.

77. Certain other provisions of law not barred. The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of the Employment of Children Act, 1938. (26 of 1938).

 
CHAP ANNUAL LEAVE WITH WAGES
1*[CHAPTER VIII ANNUAL LEAVE WITH WAGES
78. Application of Chapter.

78. Application of Chapter. (1) The provisions of this Chapter shall not operate to the prejudice of any right to which a worker may be entitled under any --------------------------------------------------------------------- 1. Subs. by Act 25 of 1954, s. 20, for the former Ch. VIII. 75 other law or under the terms of any award, 1*[agreement (including settlement)] or contract of service: 2*[Provided that if such award, agreement (including settlement) or contract of service provides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the worker shall be entitled to, shall be in accordance with such award, agreement or contract of service, but in relation to matters not provided for in such award, agreement or contract of service or matters which are provided for less favourably therein, the provisions of sections 79 to 82, so far as may be, shall apply.] (2) The provisions of this Chapter shall not apply to workers 3*[in any factory] of any railway administered by the Government, who are governed by leave rules approved by the Central Government.

 
79. Annual leave with wages.

79. Annual leave with wages. (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of-- (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year; (ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.

Explanation 1.--For the purpose of this sub-section- (a) any days of lay off, by agreement or contract or as permissible under the standing orders; (b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days. Explanation 2.--The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave. -------------------------------------------------------------------- 1. Subs. by Act 94 of 1976, s. 31, for "agreement" (w.e.f. 26-10- 1976). 2. Subs. by s. 31, ibid., for the proviso (w.e.f. 26-10-1976). 3. Subs. by s. 31, ibid., for "in any workshop" (w.e.f. 26-10-1976). 76 (2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year. 1*[(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made-- (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and (ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.] (4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted. (5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child: Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) 2*[or in contravention of --------------------------------------------------------------------- 1. Subs. by Act 94 of 1976, s. 32, for sub-section (3) (w.e.f. 26- 10-1976). 2. Ins. by s. 32, ibid. (w.e.f. 26-10-1976). 77 sub-section (10)] shall be entitled to carry forward the 1*[leave refused] without any limit. (6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year: Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947: (14 of 1947.) Provided further that the number of times in which leave may be taken during any year shall not exceed three. (7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave. (8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated. (9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed. --------------------------------------------------------------------- 1. Subs. by Act 94 of 1976, s. 32, for "unavailed leave" (w.e.f. 26- 10-1976). (10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9). (11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day. (12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.

 
80. Wages during leave period.

80. Wages during leave period. (1) For the leave allowed to him under 1*[section 78 or section 79, as the case may be,] a worker 2*[shall be entitled to wages] at a rate equal to the daily average of his total full time earnings for the days on which 3*[he actually worked] during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles. 3*[Provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month preceding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of foodgrains and other articles.] (2) The cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles shall be computed as often as may be prescribed, on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family. Explanation 1.--"Standard family" means a family consisting of a worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units.

Explanation 2.--"Adult consumption unit" means the consumption unit of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that --------------------------------------------------------------------- 1. Subs. by Act 94 of 1976, s. 33, for "section 79" (w.e.f. 26-10- 1976). 2. Subs. & Ins. by Act 20 of 1987, s. 24 (w.e.f. 1-12-87). 3. Subs. by Act 94 of 19 s. 33, for "he worked" (w.e.f. 26-10-1976). of a child below the age of fourteen years shall be calculated at the rates of .8 and .6 respectively of one adult consumption unit. (3) The State Government may make rules prescribing-- (a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed; and (b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.

 
81. Payment in advance in certain cases.

81. Payment in advance in certain cases. A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child shall, before his leave begins, be paid the wages due for the period of the leave allowed.

 
82. Mode of recovery of unpaid wages.

82. Mode of recovery of unpaid wages. Any sum required to be paid by an employer, under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act 1936 (4 of 1936),

 
83. Power to make rules.

83. Power to make rules. The State Government may make rules directing managers of factories to keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by Inspectors.

 
84. Power to exempt factories.

84. Power to exempt factories. Where the State Government is satisfied that the leave rules applicable to workers in a factory provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision it may, by written order, exempt the factory from all or any of the provisions of this Chapter subject to such conditions as may be specified in the order. 1*[Explanation.--For the purposes of this section, in deciding whether the benefits which are provided for by any leave rules are less favourable than those for which this Chapter makes provision, or not, the totality of the benefits shall be taken into account.]

 
CHAP SPECIAL PROVISIONS
CHAPTER IX SPECIAL PROVISIONS
85. Power to apply the Act to certain premises.

85. Power to apply the Act to certain premises. (1) The State Government may, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with --------------------------------------------------------------------- 1. Ins. by Act 94 of 1976, s. 34 (w.e.f. 26-10-1976). 80 or without the aid of power or is so ordinarily carried on, notwithstanding that-- (i) the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or (ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner: Provided that the manufacturing process is not being carried on by the owner only with the aid of his family. (2) After a place is so declared, it shall be deemed to be a factory for the purposes of this Act, and the owner shall be deemed to be the occupier, and any person working therein, a worker. Explanation.--For the purposes of this section, "owner" shall include a lessee or mortgagee with possession of the premises.

 
86. Power to exempt public institutions.

86. Power to exempt public institutions. The State Government may exempt, subject to such conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education, 1*[training, research] or reformation, from all or any of the provisions of this Act: Provided that no exemption shall be granted from the provisions relating to hours of work and holidays, unless the persons having the control of the institution submit, for the approval of the State Government, a scheme for the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending the institution or who are inmates of the institution, and the State Government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of this Act.

 
87. Dangerous operations.

87. Dangerous operations. Where the State Government is of opinion that any 2*[manufacturing process or operation] carried on is a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or --------------------------------------------------------------------- 1. Subs. by Act 94 of 1976, s. 35, for "training" (w.e.f. 26-10- 1976). 2. Subs. by s. 36, ibid., for "operation" (w.e.f. 26-10-1976). 81 disease, it may make rules applicable to any factory or class or description of factories in which the 1*[manufacturing process or operation] is carried on-- (a) specifying the 1*[manufacturing process or operation] and declaring it to be dangerous; (b) prohibiting or restricting the employment of women, adolescents or children in the 1*[manufacturing process or operation]; (c) providing for the periodical medical examination of persons employed, or seeking to be employed, in the 1*[manufacturing process or operation], and prohibiting the employment of persons not certified as fit for such employment 2*[and requiring the payment by the occupier of the factory of fees for such medical examination]; (d) providing for the protection of all persons employed in the 1*[manufacturing process or operation] or in the vicinity of the places where it is carried on; (e) prohibiting, restricting or controlling the use of any specified materials or processes in connection with the 1*[manufacturing process or operation]; 2*[(f) requiring the provision of additional welfare amenities and sanitary facilities and the supply of protective equipment and clothing, and laying down the standards thereof, having regard to the dangerous nature of the manufacturing process or operation;

 

3* * * * * 87A. Power to prohibit employment on account of serious hazard.

4*[87A. Power to prohibit employment on account of serious hazard. (1) Where it appears to the Inspector that conditions in a factory or part thereof are such the they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed. (2) Any order issued by the Inspector under sub-section (1) shall have effect for a period of three days until extended by the Chief Inspector by a subsequent order. (3) Any person aggrieved by an order of the Inspector under sub- section (1), and the Chief Inspector under sub-section (2), shall have the right to appeal to the High Court. (4) Any person whose employment has been affected by an order issued under sub-section (1), shall be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him wherever possible and in the manner prescribed. (5) The provisions of sub-section (4) shall be without prejudice to the rights of the parties under the Industrial Disputes Act, 1947 (14 of 1947).

 
88. Notice of certain accidents.

88. Notice of certain accidents. 5*[(1)] Where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the --------------------------------------------------------------------- 1. Subs. by Act 94 of 1976, s. 36, "operation" (w.e.f. 26-10-1976). 2. Ins. by s. 36, ibid. (w.e.f. 26-10-1976). 3. Omitted by Act 20 of 1987, s. 25 (w.e.f. 1-12-1987). 4. Ins. by s. 26, ibid. (w.e.f. 1-12-1987). 5. S. 88 renumbered as sub-section (1) of that section by Act 94 of 1976. s. 37, (w.e.f. 26-10-1976). 82 person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. 1*[(2) Where a notice given under sub-section (1) relates to an accident causing death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the notice or, if such authority is not the Inspector, cause the Inspector to make an inquiry within the said period. (3) The State Government may make rules for regulating the procedure at inquiries under this section.]

 
88A. Notice of certain dangerous occurrences.

2*[88A. Notice of certain dangerous occurrences. Where in a factory any dangerous occurrence of such nature as may be prescribed occurs, whether causing any bodily injury or disability or not, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.]

 
89. Notice of certain diseases.

89. Notice of certain diseases. (1) Where any worker in a factory contracts any disease specified in 3*[the third Schedule], the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed. (2) If any medical practitioner attends on a person who is or has been employed in a factory, and who is or is believed by the medical practitioner to be, suffering from any disease specified in 3*[the third Schedule], the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating-- (a) the name and full postal address of the patient, (b) the disease from which he believes the patient to be suffering, and (c) the name and address of the factory in which the patient is, or was last, employed. (3) Where the report under sub-seciton (2) is confirmed to the satisfaction of the Chief Inspector, by the certificate of a certifying surgeon or otherwise, that the person is suffering from a disease specified in 3*[the Third Schedule], he shall pay to the medical practitioner --------------------------------------------------------------------- 1. Ins. by Act 94 of 1976, s. 37 (w.e.f. 26-10-1976). 2. Ins. by s. 38, ibid. (w.e.f. 26-10-1976). 3. Subs. by Act 20 of 1987, s. 27 (w.e.f. 1-12-1987). 83 such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land-revenue from the occupier of the factory in which the person contracted the disease. (4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to 1*[one thousand-rupees]. 2*[(5) The Central Government may, by notification in the Official Gazette, add to or alter the Third Schedule and any such addition or alteration shall have effect as if it had been made by this Act.]

 

90. Power to direct enquiry into cases of accident or disease.

90. Power to direct enquiry into cases of accident or disease. (1) The State Government may, if it considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in 2*[the Third Schedule] has been, or is suspected to have been, contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. (2) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code (45 of 1860). (3) The person holding an inquiry under this section shall make a report to the State Government stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and adding any observations which he or any of the assessors may think fit to make. (4) The State Government may, if it thinks fit, cause to be published any report made under this section or any extracts therefrom. (5) The State Government may make rules for regulating the procedure at inquiries under this section.

 
91. Power to take samples.

91. Power to take samples. (1) An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, take in the manner hereinafter provided a sufficient sample of any substance used or intended to be used in the factory, such use being-- (a) in the belief of the Inspector in contravention of any of --------------------------------------------------------------------- 1. Subs. and added by Act 20 of 1987, s. 27 (w.e.f. 1-12-1987). 2. Subs. by s. 28, ibid. (w.e.f. 1-12-1987). 84 the provisions of this Act or the rules made thereunder, or (b) in the opinion of the Inspector likely to cause bodily injury to, or injury to the health or, workers in the factory. (2) Where the Inspector takes a sample under sub-section (1), he shall, in the presence of the person informed under that sub-section unless such person wilfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto. (3) The person informed as aforesaid shall, if the Inspector so requires, provide the appliances for dividing, sealing and marking the sample taken under this section. (4) The Inspector shall-- (a) forthwith give one portion of the sample to the person informed under sub-section (1); (b) forthwith send the second portion to a Government Analyst for analysis and report thereon; (c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance. (5) Any document purporting to be a report under the hand of any Government Analyst upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceedings instituted in respect of the substance.

 
91A. Safety and occupational health surveys.

1*[91A. Safety and occupational health surveys. (1) The Chief Inspector, or the Director General of Factory Advice Service and Labour Institutes, or the Director General of Health Services, to the Government of India, or such other officer as may be authorised in this behalf by the State Government or the Chief Inspector or the Director General of Factory Advice Service and Labour Institutes or the Director General of Health Services may, at any time during the normal working hours of a factory, or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys and such occupier or --------------------------------------------------------------------- 1. Ins. by Act 94 of 1976, s. 39 (w.e.f. 26-10-1976). 85 manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey. (2) For the purpose of facilitating surveys under sub-section (1) every worker shall, if so required by the person conducting the survey, present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession and relevant to the survey. (3) Any time spent by a worker for undergoing medical examination or furnishing information under sub-section (2) shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the factory.]

1*[Explanation.--For the purposes of this section, the report, if any, submitted to the State Government by the person conducting the survey under sub-section (1) shall be deemed to be a report submitted by an Inspector under this Act.

 
CHAP PENALTIES AND PROCEDURE
CHAPTER X PENALTIES AND PROCEDURE
92. General penalty for offences.

92. General penalty for offences. Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of any of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to 2*[two years] or with fine which may extend to 2*[one lakh rupees] or with both, and if the contravention is continued after conviction, with a further fine which may extend to 2*[one thousand rupees] for each day on which the contravention is so continued: 3*[Provided that where contravention of any of the provisions of Chapter IV or any rule made thereunder section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than 2*[twenty five thousand] in the case of an accident causing death, and 2*[five thousand rupees] in the case of an accident causing serious bodily injury. Explanation.--In this section and in section 94 "serious bodily injury" means an injury which involves, or in all probability will --------------------------------------------------------------------- 1. Ins. by Act 20 of 1987, s. 29 (w.e.f. 1-12-1987) 2. Subs. by s. 30, ibid. (w.e.f. 1-12-1987). 3. Ins. by Act 94 of 1976 s. 40, (w.e.f. 26-10-1976). 86 involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges of the hand or foot.]

 

93. Liability of owner of premises in certain circumstances.

1*[93. Liability of owner of premises in certain circumstances. (1) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation. (2) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (1). (3) Where in any premises, independent or self-contained, floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of-- (i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned; (ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier; (iii)safe means of access to the floors or flats and maintenance and cleanliness of stair cases and common passages; (iv) precautions in case of fire; (v) maintenance of hoists and lifts; and (vi) maintenance of any other common facilities provided in the premises. (4) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of sub-section (3). --------------------------------------------------------------------- 1. Subs. by Act 25 of 1954, s. 21. 87 (5) The provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupiers for use as separate factories: Provided that the owner shall be responsible also for complying with the requirements relating to the provision and maintenance of latrines, urinals and washing facilities. (6) The Chief Inspector shall have, subject to the control of the State Government, the power to issue orders to the owner of the premises referred to in sub-section (5) in respect of the carrying out of the provisions of section 46 or section 48. (7) Where in any premises portions of a room or a shed are leased to different occupiers for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of- (i) Chapter III, except sections 14 and 15; (ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36: Provided that in respect of the provisions of sections 21, 24 and 32 and owner's liability shall be only in so far as such provisions relate to things under his control: Provided further that the occupier shall be responsible for complying with the provisions of Chapter IV in respect of plant and machinery belonging to or supplied by him; (iii)section 42. (8) The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out the provisions of sub-section (7). (9) In respect of sub-sections (5) and (7), while computing for the purposes of any of the provisions of this Act the total number of workers employed, the whole of the premises shall be deemed to be a single factory.]

 
94. Enhanced penalty after previous conviction.

94. Enhanced penalty after previous conviction. 1*[(1)] If any person who has been convicted of any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may --------------------------------------------------------------------- 1. S. 94 renumbered as sub-section (1) of that section by Act 94 of 1976, s. 41 (w.e.f. 26-10-1976). 88 extend to 1*[three years] or with fine 2*[which shall not be less than] 1*[ten thousand rupees] but which may extend to 1*[two lakh rupees] or with both: 3*[Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than 1*[ten thousand rupees]. Provided further that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than 1*[thirty five thousand rupees] in the case of an accident causing death and 1*[ten thousand rupees] in the case of an accident causing serious bodily injury.] 4*[(2)] For the purposes of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convicted.]

 
95. Penalty for obstructing Inspector.

95. Penalty for obstructing Inspector. Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any registers or other documents in his custody kept in pursuance of this Act or of any rules made thereunder, or conceals or prevents any worker in a factory from appearing before, or being examined by, an Inspector, shall be punishable with imprisonment for a term which may extend to 5*[six months] or with fine which may extend to 5*[ten thousand rupees] or with both.

 

96. Penalty for wrongfully disclosing results of analysis under section91.

96. Penalty for wrongfully disclosing results of analysis under section 91. Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the results of an analysis made under section 91, shall be punishable with imprisonment for a term which may extend to 6*[six months] or with fine which may extend to 6*[ten thousand rupees] or with both.

 

96A. Penalty for contravention of the provisions of sections 41B, 41C and41H.

7*[96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H. (1) Whoever fails to comply with or contravenes any of the provisions of sections 41B, 41C or 41H or the rules made thereunder, shall, in respect of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years.

 
97. Offences by workers.

97. Offences by workers. (1) Subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine which may extend to 8*[five hundred rupees]. --------------------------------------------------------------------- 1. Subs. by Act 20 of 1987, s. 31 (w.e.f. 1-12-1987). 2. Subs. by Act 94 of 1976, s. 41, for certain words (w.e.f. 26-10- 1976). 3. Subs. by s. 41, ibid., for the proviso (w.e.f. 26-10-1976). 4. Ins. by s. 41, ibid.(w.e.f. 26-10-1976). 5. Subs. by Act 20 of 1987 s. 32, (w.e.f. 1-12-1987). 6. Subs. by s. 33, ibid. (w.e.f. 1-12-1987). 7. Ins. by s. 34, ibid. (w.e.f. 1-12-1987). 8. Subs. s. 35, ibid. (w.e.f. 1-12-1987). 88A (2) Where a worker is convicted of an offence punishable under sub-section (1), the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.

 
98. Penalty for using false certificate of fitness.

98. Penalty for using false certificate of fitness. Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allows it to be used, or an attempt to use it to be made, by another person, shall be punishable with imprisonment for a term which may extend to 1*[two month] or with fine which may extend to 1*[one thousand rupees] or with both.

 
99. Penalty for permitting double employment of child.

99. Penalty for permitting double employment of child. If a child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to 2*[one thousand rupees] unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person. 3* * * * * --------------------------------------------------------------------- 1. Subs. by Act 20 of 1987, s. 36 (w.e.f. 1-12-1987). 2. Subs. by. s. 37, ibid (w.e.f. 1-2-1987) 3. Omitted by s. 38, ibid (w.e.f. 1-12-1987). 88B

 

101. Exemption of occupier or manager from liability in certain cases.

101. Exemption of occupier or manager from liability in certain cases. Where the occupier or manager of a factory is charged with an offence punishable under this Act, he shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court-- (a) that he has used due diligence to enforce the execution of this Act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance,- - that other person shall be convicted of the offence and shall be liable to the like punishment as if he were the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be discharged from any liability under this Act in respect of such offence: Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his --------------------------------------------------------------------- 88C support shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor: Provided further that, if the person charged as the actual offender by the occupier or manager cannot be brought before the Court at the time appointed for hearing the charge, the Court shall adjourn the hearing from time to time for a period not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the Court, the Court shall proceed to hear the charge against the occupier or manager and shall, if the offence be proved, convict the occupier or manager.

 
102. Power of Court to make orders.

102. Power of Court to make orders. (1) Where the occupier or manager of a factory is convicted of an offence punishable under this Act the Court may, in addition to awarding any punishment, by order in writing require him, with-in a period specified in the order (which the Court may, if it thinks fit and on application in such behalf, from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed. (2) Where an order is made under sub-section (1), the occupier or manager of the factory, as the case may be, shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the Court, but if, on the expiry of such period or extended period, as the case may be, the order of the Court has not been fully complied with, the occupier or manager, as the case may be, shall be deemed to have committed a further offence, and may be sentenced therefor by the Court to undergo imprisonment for a term which may extend to six months or to pay a fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or both to undergo such imprisonment and to pay such fine, as aforesaid.

 
103. Presumption as to employment.

103. Presumption as to employment. If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory.

 
104. Onus as to age.

104. Onus as to age. (1) When any act or omission would, if a person were under a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court prima facie under such age, the burden shall be on the accused to prove that such person is not under such age. 88D (2) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated in such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker.

 
104A Onus of proving limits of what is practicable, etc.

1*[104A. Onus of proving limits of what is practicable, etc. In any proceeding for an offence for the contravention of any provision of this Act of rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or, as the case may be, all practicable measures were taken to satisfy the duty or requirement.]

 
105. Cognizance of offences.

105. Cognizance of offences. (1) No Court shall take cognizance of any offence under this Act except on complaint by, or with the previous sanction in writing of, an Inspector. (2) No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act.

 
106. Limitation of prosecutions.

106. Limitation of prosecutions. No Court shall take cognizance of any offence punishable under this Act unless complaint thereof made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector: Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

2*[Explanation.--For the purposes of this section,-- (a) in the case of continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues; (b) where for the performance of any act time is granted or extended on an application made by the occupier or manager of a factory, the period of limitation shall be computed from the date on which the time so granted or extended expired.

 

106A Jurisdiction of a court for entertaining proceedings, etc., foroffence.

3*[106A. Jurisdiction of a court for entertaining proceedings, etc., for offence. For the purposes of conferring jurisdiction on any court in relation to an offence under this Act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being situate shall be deemed to be the place where such offence has been committed.]

 
CHAP SUPPLEMENTAL
CHAPTER XI SUPPLEMENTAL
107. Appeals.

107. Appeals. (1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions or this Act or --------------------------------------------------------------------- 1. Ins. by Act 20 of 1987, s. 39 (w.e.f. 1-12-1987). 2. Ins. by Act 94 of 1976, s. 43 (w.e.f. 26-10-1976). 3. Ins. by Act 20 of 1987 s. 40 (w.e.f. 1-12-1987). 89 the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order. (2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed: Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor or, if it thinks fit, without the aid of any assessor. (3) Subject to such rules as the State Government may make in this behalf and subject to such conditions as to partial compliance or the adoption of temporary measures as the appellate authority may in any case think fit to impose, the appellate authority may, if it thinks fit, suspend the order appealed against pending the decision of the appeal.

 
108. Display of notices.

108. Display of notices. (1) In addition to the notices required to be displayed in any factory by or under this Act, there shall be displayed in every factory a notice containing such abstracts of this Act and of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the certifying surgeon. (2) All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition. (3) The Chief Inspector may, by order in writing served on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory.

 
109. Service of notices.

109. Service of notices. The State Government may make rules prescribing the manner of the service of orders under this Act on owners, occupiers or managers of factories.

 
110. Returns.

110. Returns. The State Government may make rules requiring owners, occupiers or mangers of factories to submit such returns, occasional or periodical, as may in its opinion be required for the purposes of this Act.

 
111. Obligations of workers.

111. Obligations of workers. (1) No worker in a factory-- (a) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein; (b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and (c) shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health of safety of the workers therein. (2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

 
111A Right or workers, etc.

1*[111A. Right or workers, etc. Every worker shall have the right to-- (i) obtain from the occupier, information relating to workers' health and safety at work, (ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers' health and safety at work. (iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.]

 
112. General power to make rules.

112. General power to make rules. The State Government may make rules providing for any matter which, under any of the provisions of this Act, is to be or may be prescribed or which may be considered expedient in order to give effect to the purposes of this Act.

 
113. Powers of Centre to give directions.

113. Powers of Centre to give directions. The Central Government may give directions to a State Government as to the carrying into execution of the provisions of this Act.

 
114. No charge for facilities and conveniences.

114. No charge for facilities and conveniences. Subject to the provisions of section 46 no fee or charge shall be realised from any worker in respect of any arrangements or facilities to be provided, or any equipments or appliances to be supplied by the occupier under the provisions of this Act.

 
115. Publication of rules.

115. Publication of rules. 2*[(1)] All rules made under this Act shall be published in the Official Gazette, and shall be subject to the condition of previous publication ; and the date to be specified under clause (3) of section 23 of the General Clauses Act, 1897,(10 of 1897.) shall be not less than 2*[forty five days] from the date on which the draft of the proposed rules was published. 2*[(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] --------------------------------------------------------------------- 1. Ins. by Act 20 of 1987, s. 41 (w.e.f. 1.2.1987) 2. Re-numbered , subs. & Ins. by s. 42, ibid (w.e.f. 1.12.1987).

 
116. Application of Act to Government factories.

116. Application of Act of Government factories. Unless otherwise provided this Act shall apply to factories belonging to the Central or any State Government.

 
117. Protection to persons acting under this Act.

117. Protection to persons acting under this Act. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

 

118A Restriction on disclosure of information.

1*[118A. Restriction on disclosure of information. (1) Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this Act. (2) No inspector shall, which making an inspection under this Act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of complaint: Provided that nothing in this sub-section shall apply to any case in which the person who has made the complaint has consented to disclose his name.]

119. Act to have effect notwithstanding anything contained in Act 37 of1970.

2*[119. Act to have effect notwithstanding anything contained in Act 37 of 1970. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Contract Labour (Regulation and Abolition) Act, 1970. 3*[or any other law for the time being in force]

120. Repeal and savings.

120. Repeal and savings. The enactments set out in the Table appended to this section are hereby repealed: Provided that anything done under the said enactments which could have been done under this Act if it had then been in force shall be deemed to have been done under this Act. --------------------------------------------------------------------- 1. Ins. by Act 20 of 1987, s. 43 (w.e.f. 1-12-1987) 2. Ins, by Act 94 of 1976, s. 44 (w.e.f. 26-10-1976). The original s. 119 was repealed by Act 35 of 1950, s. 2 and Sch. I. 3. Ins. by Act 20 of 1987 s. 44 (w.e.f. 1-12-1987). 91A TABLE.--[Enactments repealed]. Rep. by the Repealing and Amending Act, 1950 (35 of 1950), s. 2 and Sch. 1.



2008-2012 Legal Approach