Unit 2

UNIT 2 DUTIES AND RESPONSIBILITIES OF
OCCUPIER AND FACTORY MANAGER

Structure
2.1 Introduction
Objectives
2.2 The Overview of Factories Act – 1948
2.2.1 The Jargon of Factories Act -1948
2.2.2 The History of Factories Act -1948
2.2.3 Amendments in the Factories Act - 1948
2.3 Concept and Meaning of ‘Occupier’
2.4 Duties and Responsibilities of the Occupier
2.5 The Obligations of an Occupier
2.5.1 Notice by Occupier (Sec. 7)
2.5.2 The Obligations as per Factories Act – 1948
2.5.3 General Provisions to be Obliged by Occupier
2.5.4 Provisions Relating to Hazardous Processes in Factories
2.5.5 Penal Provisions
2.6 Factory Manager Job Responsibilities
2.7 Provisions Under Factories Act – 1948
2.7.1 Regarding the Health of Workers
2.7.2 Provisions Regarding the Safety of Workers
2.7.3 Provisions Regarding the Welfare of Workers
2.8 Other Provisions of the Factories Act
2.9 Penalties and Procedures
2.9.1 Appeals
2.9.2 Notice
2.9.3 Returns
2.10 Obligations of Workers
2.11 Case Study
2.12 Let Us Sum Up
2.13 Key Words
2.14 Answers to SAQ’s
2.1 INTRODUCTION
The duties, responsibilities and the obligations of an occupier, factory manager

and the workers are clearly mentioned in the Factories Act – 1948. No other
act (in India) has covered all the details of the functions, activities and
explanations that are required to maintain, monitor and control a factory.
The main idea behind framing the Indian Factories Act was to standardize the
working conditions in factories to regulate health, safety, welfare,
leave/holidays and also to enact special provisions in respect of young persons,
women and children, who work in the factories.
Objectives
After studying this unit, you should be able to
 explain all the terms and how they are meant under legal premises
 discuss the functions involved in a factory and establishments along
with their bounds and limits
 describe the duties and responsibilities of an occupier
 narrate the functions of an occupier or/and manager with reference to
the safety, welfare, facilities and amenities including working hours
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Industrial Acts and Laws
 appreciate the functions of a factory manager along with the authority

boundaries
 discuss the responsibilities of workers.
2.2 THE OVERVIEW OF FACTORIES ACT – 1948
To have a clear understanding of the Factories Act and also about the
implementation of the same, one should know the duties and responsibilities of
the occupier and the factory manager. To accomplish this, one must be aware
and well acquainted with the history, terminology and jargon used in the act,
otherwise his / her perception about the key positions of a factory will neither
be complete nor perfect. We shall therefore, have a quick review of the act with
the relevant terms in the section to follow.
2.2.1 The Jargon of Factories Act – 1948
The following are some important terms defined under the Factories Act –
1948
1. Factory
The term Factory is defined in Section 2 (m) of the Act as follows:
"Factory means any premises including the precincts thereof.
whereon ten or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process is
being carried on with the aid of power or is ordinarily so carried on, or
whereon twenty or more workers are working, or were working on any day of
the preceding twelve (12) months, and in any part of which a manufacturing
process is being carried on without the aid of power, or is ordinarily so carried
on, but does not include a mine subject to the operation of the Indian Mines
Act, 1952 (Act XXXV of 1952), or a mobile unit belonging to the armed
forces of the Union, a railway running shed or a hotel, restaurant or eating
place.
Explanation.
For computing the number of workers for the purposes of this clause all the
workers in different relays in a day shall be taken into account [Clause 2(m) as
amended in 1976]. Under Section 85, the State Government is empowered to
declare any establishment carrying on a manufacturing process to be a factory
for the purposes of the Act even though it employs less than the prescribed
minimum number of workers, provided that the manufacturing process is not
being carried on by the owner only with the aid of his family.
Summary
From Sec. 2(m) of the Act it follows that all establishment comes within the
definition of a Factory if the conditions stated below are satisfied:
It is a place where a "manufacturing process" is carried on.
It employs the prescribed minimum number of "workers" viz., ten if "'power"
is used, and twenty if no "power" is used. It is sufficient if the prescribed
number of workers were employed on any day of the preceding twelve months.
It is not a mine coming within the purview of the Indian Mines Act of 1952, a
railway running shed, mobile unit belonging to the armed forces of the Union,
a hotel, restaurant or eating place.
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Duties and Responsibilities of
Occupier and Factory Manager
2. Manufacturing Process
This term is defined in Section 2(k) in a very wide sense. It includes:
making, altering, ornamenting, finishing, packing, oiling, washing, cleaning,
breaking up, demolishing, or otherwise treating or adopting any article or
substance with a view to its use, sale, transport, delivery or disposal; or
pumping oil, water, sewage or any other substance; or
generating, transforming or transmitting power; or
composing types for printing, printing by letter press, lithography,
photogravure or other similar processes or book binding; or
constructing, reconstructing, repairing, refitting, finishing or breaking up ships
or vessels;
For the corresponding section of the English Act, it was held that the different
processes numerated in the clauses are merely illustrative so that laundries,
carpet beating, or bottle washing works come within the Act, if mechanical
power is used.
The following undertakings also come under manufacturing processes
bidi-making;
conversion of raw-films into finished products;
the preparation of eatables in the kitchen of a restaurant;
use of a refrigerator for adapting any article with a view to its sale
The scraping out of salt and grading them, even though done by, manual labour,
is a manufacturing process.
3. Worker
"Worker means a person employed, directly or by or through any agency
(including a contractor) with or without the knowledge of the principal
employer, whether for remuneration or not in any manufacturing process, or in
cleaning any part of the machinery or premises used for a manufacturing
process, or in any other kind of work incidental to, or connected with, the
manufacturing process" or the subject of the manufacturing process but does
not include any member of the armed forces of the Union". -Sec. 2(1), as
amended in 1976.
Explanation
Worker means any person engaged in any work connected with or incidental to
a manufacturing process. Thus the definition is wide. The term includes
persons engaged directly and, also those who are engaged through an agency
(including a contractor with or without the knowledge of the principal
employer). The term includes clerical workers and persons paid by piece rates
in a factory.
The term 'worker' does not include any member of the armed forces of Union.
In case of a factory worker there must be a relationship between the employer
and the employed. Apprentices, whether remunerated or not, are workers
within the meaning of the Act.
4. Power
"Power means electrical energy or any other form of energy which is
mechanically transmitted and is not generated by human or animal agency".
Sec. 2(g).
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5. Prime mover
"Prime mover means any engine, motor or other appliance which generates or
otherwise provides power." -Sec. 2(h).
6. Transmission machinery
"Transmission machinery means any shaft, wheel, gear train, drum pulley,
system of pulleys, coupling, clutch, driving belt or other appliance or device by
which the motion of a prime mover is transmitted to or received by any
machinery or appliance". -Sec. 2(i).
7. Machinery
"Machinery includes prime movers, transmission machinery and all other
appliances whereby power is generated, transformed, transmitted or applied".
Sec. 2(j).
8. Adult
"Adult means a person who has completed his eighteenth year of age". -Sec.
2(a).
9. Adolescent
"Adolescent means a person who has completed his fifteenth year of age but
has not completed his eighteenth year". -Sec. 2(b).
10. Child
''Child means a person who has not completed his fifteenth year of age". -Sec.
2(c)
11. Young Person
"Young Person means a person who is either a child or an adolescent". -Sec.
2(d).
12. Calendar Year
"Calendar Year means the period of twelve months beginning with the first day
of January in any year". -Sec. 2(dd).
13. Day
"Day means a period of twenty four hours beginning at midnight." -Sec. 2(e).
References to the time of the day in the Act are to the Indian Standard Time.
In areas where the I.S.T. is not observed, the State Government can by rules
define the local mean time. -Sec. 3.
14. Week
"Week means a period of seven (7) days beginning 'at midnight on Saturday
night or such other night as may be approved in writing, at a particular area by
the Chief Inspector of Factories." -Sec. 2(f).
15. Shift and Relay
Where work of the same kind is carried out by two or more sets of workers
working during different periods of the day, each of such sets is called a
"relay" and each of such periods is called a "shift". -Sec. 2(r).
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16. Occupier
"Occupier" of a factory means the person who has ultimate control over the
affairs of the factory, and where the said affairs are entrusted to a managing
agent, such agent shall be deemed to be the occupier of the factory. -Sec. 2(n).
The Act imposes several duties, obligations and responsibilities on the
occupier of the factory.
2.2.2 The History of Factories Act – 1948
Production of goods is an integral part of the economy of a country. Needless to
say that anything related to production is also very important for the economy of
the country.
As an obvious extension of the above, a factory, where these goods are produced,
is an essential part of the economy too. Large factories are even more important
for the economy of any country.
If the historical facts are taken into consideration with regard to the industrial
scenario of our country, it could be observed that there was a steady increase in
the number of large scale factory/industry in India since the second half of the
nineteenth century.
Appreciating the importance of maintaining proper working environment in
these factories, Major Moore, Inspector-in-Chief of the Bombay Cotton
Department, in his Report in 1872-73 emphasized the necessity of the
provision of legislation to regulate the working condition in factories.
Consequently, the first Factories act was enacted in 1881.
Since then the act has been amended on many occasions. To be precise, it was
amended in 1891, 1911, 1922 and then in 1934.
The Factories Act 1934 was passed replacing all the previous legislation in
regard to factories. This act was drafted in keeping with the recommendations
of the Royal Commission on Labour.
However, the experience of working of the Factories Act, 1934 did reveal a
number of defects and weakness, which had hampered effective administration
of the Act, necessitating a large scale revision of the act to extend its protective
provisions to the large number of smaller industrial establishments also.
Therefore, the Factories Act, 1948 consolidating and amending the law relating
to labour in factories, in a comprehensive manner was passed by the
Constituent Assembly on August 28, 1948. The Factories Act, 1948 received
the assent of Governor General of India on 23 September 1948 and came into
force on April 1, 1949. It applies to factories, as defined in the Act, all over
India, including the State of Jammu and Kashmir.
The Act of 1948 is more comprehensive than the previous Acts. It contains
detailed provisions regarding the health, safety and welfare of workers inside
factories, the hours of work, minimum age of the workers, leave with pay etc.
The Act has been amended several times. The Act is based on the provisions of
the Factories Act of Great Britain passed in 1937. In 1976 the Act was
amended extensively. (The provisions of the Amendment have been quoted and
summarized at the appropriate places in this unit).
Unless otherwise provided, the Factories Act applies to factories belonging to
the Central or any State Government (Sec. 116).
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 Applicability of Factories Act, 1948

The Act is applicable to any factory whereon ten or more workers are
working, or were working on any day of the preceding twelve months,
and in any part of which a manufacturing process is being carried on
with the aid of power, or is ordinarily so carried on, or whereon twenty
or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing
process is being carried on without the aid of power, or is ordinarily so
carried on; but this does not include a mine, or a mobile unit belonging
to the armed forces of the union, a railway running shed or a hotel,
restaurant or eating place.
 Importance of Factories Act, 1948
The Factories Act, 1948 is a beneficial legislation. The aim and object
of the Act is essentially to safeguard the interests of workers, stop their
exploitation and take care of their safety, hygiene and welfare at their
places of work. It casts various obligations, duties and responsibilities
on the occupier of a factory and also on the factory manager. Various
amendments to the Act and court decisions have further extended the
nature and scope of the concept of occupier, especially vis-a-vis
hazardous processes in factories.
2.2.3 Amendments in the Factories Act - 1948
The Factories Act, 1948 is a beneficial legislation. The aim and object of the
Act is essentially to safeguard the interests of workers, stop their exploitation
and take care of their safety, hygiene and welfare at their places of work. It is
very specific about various obligations, duties and responsibilities on the
occupier of a factory. Amendments to the Act and court decisions have further
extended the nature and scope of the concept of occupier, especially vis-a-vis
hazardous processes in factories.
Proviso (ii) was introduced by the Amending Act couched in a mandatory form
– “any one of the directors shall be deemed to be the occupier” - based on the
experience gained over the years as to how the directors of a company
managed to escape their liability for various breaches and defaults committed
in the factory by putting up another employee as a shield and nominating him
as the ‘occupier’ who would willingly suffer penalty and punishment.
It was held that where the company owns or runs a factory, it is the company
which is in the ultimate control of the affairs of the factory through its directors.
Even where the resolution of the board says that an officer or employee other
than one of the directors shall have ultimate control over the affairs of the
factory, it would only be a camouflage or an artful circumvention because the
ultimate control cannot be transferred from that of the company to one of its
employees or officers, except where there is a complete transfer of the control
of the affairs of the factory.
An occupier of the factory in the case of a company must necessarily be any of
its directors who shall be so notified for the purposes of the Factories Act.
Such an occupier cannot be any other employee of the company or the factory.
This interpretation of an òccupier' would apply to all provisions of the Act
wherever the expression òccupier' is used, and not merely for the purposes of
Sec. 7 or Sec. 7A of the Act.
The Supreme Court further held that proviso (ii) is not ultra vires the main
provision of Sec. 2(n) and, as a matter of fact, there is no conflict at all
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between the main provision of Sec. 2(n) and proviso (ii) thereto. Both can be
read harmoniously and when so read in the case of a company, the occupier of
a factory owned by a company would mean any one of the directors of the
company who has been notified/ identified by the company to have ultimate
control over the affairs of the factory. And where no such director has been
identified, then, for the purposes of prosecution and punishment under the Act,
the Inspector of Factories may initiate proceedings against anyone of the
directors as the deemed occupier.
The restriction imposed by proviso (ii), if at all it may be called a restriction,
has a direct nexus with the object sought to be achieved and is, therefore, a
reasonable restriction within the meaning of clause (6) of Article 19. Proviso
(ii) to Sec. 2 (n) is thus not ultra vires Article 19(1)(g) of the Constitution.
In another Supreme Court case, Indian Oil Corporation vs Chief inspector of
Factories [1998(4) SCALE 116], it was observed that it is the Government
which looks after the successful implementation of the Factories Act and,
therefore, it is not likely to evade its implementation. That appears to be the
reason why the legislature thought it fit to make a separate provision for the
Government and local authorities, and so on. The legislature has provided that
in the case of a factory owned or controlled by any of these authorities the
person or persons appointed to manage the affairs of the factory shall be
deemed to be the occupier. Therefore, if it is a case of a factory, in fact and in
reality, owned or controlled by the Central Government or other authority, the
person or persons appointed to manage the affairs of the factory shall have to
be deemed to be the occupier even though for better management of such a
factory, a corporate form is adopted by the Government.
It was held in the case that the relevant provisions regarding the establishment
of the appellant corporation and its working leave no doubt that the “ultimate
control” over all the affairs of the corporation, including opening and running
of the factories, is with the Central Government. Acting through the
corporation is only a method employed by the Central Government for running
its petroleum industry. In the context of Sec. 2(n), it will have to be held that
all the activities of the corporation are really carried on by the Central
Government with a corporate mask.
SAQ 1
a) Define the terms Factory, Manufacturing Process and Worker
according to the Factories Act – 1948 and explain them.
b) Give a brief history of establishment of Factories Act – 1948 in
India.
c) What do you understand by the terms power, machinery,
transmission machinery and prime mover according to Factories
Act – 1948?
d) Define the terms adult, adolescent, child and young person as
described by the Factories Act – 1948.
e) Define the terms shift, day, week, and calendar year as described
by the Factories Act – 1948.
f) What are amendments made in the Factories Act – 1948?
Discuss.
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2.3 CONCEPT AND MEANING OF ‘OCCUPIER’
The definition of òccupier' has a long history. The amendment of 1987 made
significant changes in it and Section-100 of the Act was deleted. A stricter
provision in Sec. 2(n) was introduced by incorporating the first proviso that
has been made in a mandatory form.
Section 2(n) of the Factories Act, 1948 defines “Occupier” as follows:
"Occupier" of a factory means the person who has ultimate control over the
affairs of the factory
Provided that-
 in the case of a firm or other association of individuals, any one of the
individual partners or members thereof shall be deemed to be the
occupier;
 in the case of a company, any one of the directors shall be deemed to
be the occupier;
 in the case of a factory owned or controlled by the Central Government
or any State Government, or any local authority, the person or persons
appointed to manage the affairs of the factory by the Central
Government, the State Government or the local authority, as the case
may be, shall be deemed to be the occupier.
Provided further that in the case of a ship being repaired, or on which
maintenance work is being carried out, in a dry dock which is available for hire:
 the owner of the dock shall be deemed to be the occupier for the
purposes of any matter provided by or under
 Sec. 6 (approval, licensing and registration of factories);
 Sec. 7 (notice by occupier);
 Sec. 7A (general duties of the occupier);
 Sec. 7B (general duties of manufacturers, and so on);
 Sec. 11 (cleanliness in a factory); or
 Sec. 12 (effective arrangements for the treatment of wastes and
effluents);
 Sec. 17, in so far as it relates to the providing and maintenance of
sufficient and suitable lighting in or around the dock;
 Sec. 18 (effective arrangements for drinking water);
 Sec. 19 (provision of latrines and urinals);
 Sec. 42 (provision of washing facilities);
 Sec. 46 (provision of canteens);
 Sec. 47 (shelters, rest rooms and lunch rooms); or
 Sec. 49 (employment of welfare officers) in relation to workers
employed on such repair or maintenance;
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 the owner of the ship or his agent or master or other officer-in-charge
of the ship or any person who contracts with such owner, agent or
master or other officer-in-charge to carry out the repair or maintenance
work shall be deemed to be the occupier for the purposes of any matter
provided for by, or under
 Sec. 13 (provision of adequate ventilation and temperature to
secure reasonable conditions of comfort and to prevent injury to
health);
 Sec. 14 (prevention of inhalation and accumulation of dust and
fumes);
 Sec. 16 (prevention of over-crowding), or
 Sec. 17 (provision of lighting arrangements), or provisions
relating to safety, or
 Sec. 43 (facilities for storing and drying clothing),
 Sec. 44 (facilities for sitting), or
 Sec. 45 (provision of first-aid appliances), provisions relating to
working hours of adults, employment of young persons, annual
leave with wages, or special provisions relating to compliance of
rules laid down by the government, or Sec.
 108 (display of notices);
 Sec. 109 (service of notices on owners, occupiers or managers of
factories), or
 Sec. 110 (submission of returns) in relation to the workers
employed directly by him, or by or through any agency; and the
machinery, plant or premises in use for the purpose of carrying
out such repair or maintenance work by such owner, agent, master
or other officer-in-charge or person.
2.4 DUTIES AND RESPONSIBILITIES OF THE

OCCUPIER
In the landmark case of J. K. Industries Ltd Vs Chief Inspector of Fisheries and

Boilers [1996 (7) SCALE 247], the Supreme Court observed that by the
Amending Act, 1987, the legislature wanted to bring in a sense of
responsibility in the minds of those who have the ultimate control over the
affairs of the factory so that they take proper care for the maintenance of the
factories and the safety measures therein. The fear of penalty and punishment
is bound to make the board of directors of the company more vigilant and
responsive to the need to carry out various obligations and duties under the Act,
particularly in regard to the safety and welfare of the workers.
The General Responsibilities of Occupier under the Factories Act – 1948
 Every occupier shall ensure, so far as is reasonably practicable, the
health, safety and welfare of all workers while they are at work in the
factory.
 Without prejudice to the generality of the provisions of sub-section (1),
the matters to which such responsibility extends, shall include-
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 the provision and maintenance of plant and systems of work in

the factory that are safe and without risks to health;
 the arrangements in the factory for ensuring safety and absence of
risks to health in connection with the use, handling, storage and
transport of articles and substances;
 the provision of such information, instruction, training and
supervision as are necessary to ensure the health and safety of all
workers at work;
 the maintenance of all places of work in the factory in a condition
that is safe and without risks to health and the provision and
maintenance of such means of access to, and egress from, such
places as are safe and without such risks;
 the provision, maintenance or monitoring of such working
environment in the factory for the workers that is safe, without
risks to health and adequate as regards facilities and arrangements
for their welfare at work.
 Except in such cases as may be prescribed, every occupier shall prepare,
and, as often as may be appropriate, revise, a written statement of his
general policy with respect to the health and safety of the workers at
work and the organization and arrangements for the time being in force
for carrying out that policy, and to bring the statement and any revision
thereof to the notice of all the workers in such manner as may be
prescribed.
The Duties of Occupier under Factories Act, 1948
General
 To ensure the health, safety and welfare of all workers while they
are at work in the factory.
 To provide and maintain the plant and systems of work in the
factory that are safe and without risk to health of the workers.
 To provide arrangements in the factory for ensuring safety and
absence of risk to health in connection with the use, handling,
storage and transport of articles and substances
 To provide such information, instruction, training and supervision
as are necessary to ensure the health and safety of all workers at
work.
 To maintain all places of work in the factory in a condition that is
safe and without risks to health and to provide and maintain such
means of access to, and egress from, such places as are safe and
without such risks.
 To provide, maintain or monitor such working environment in the
factory for the workers that is safe, without risk to health and
adequate as regards facilities and arrangements for their welfare at
work.
 To prepare a written statement of his general policy with respect to
the health and safety of the workers at work and the organization
and arrangements in force for carrying out that policy.
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Health
i. To provide a clean, well ventilated, well illuminated healthy
working environment to all workers, to provide adequate drinking
water & facilities like latrines, urinals etc.
ii. To maintain and monitor health of all workers by providing them a
healthy, clean, dust/chemical free working environment, by
providing them suitable personal protective wears, by carrying out
medical examination, by monitoring the work environment etc.
Welfare and Wages
 To provide welfare facilities like lunch rooms, canteen, crèche,
washing facilities, first-aid appliances etc. to all workers.
 To maintain the required level of hygiene and cleanliness at the
canteen, lunch room, washrooms etc.
 To provide leave with wages facility, to pay overtime wages, to
observe working timing restrictions regarding all workers.
 Not to employ child workers in the factory. [A child means a male
or female human being below the age of 18 years].
Safety
 To provide safe working environment to all workers by providing
proper safeguards to dangerous parts of machines, by displaying
list of Dos & Don’ts in as much areas as possible in the factory
premises, by providing safety items / safety kits e.g. safety shoes,
hand gloves, helmets etc. to the workers depending on the nature of
their work, by training the workers in safe operating procedures, by
providing adequate information about the hazardous properties of
the chemicals and process, by providing proper safety systems in
the plant such as pressure/temperature, controllers, interlocks,
safety valves, by providing flame proof electrical fitting in case of
handling of flammable chemicals etc.
 To get the lifting machines, tackles and pressure plants examined
by a competent person, to provide proper fire fighting
arrangements etc.
Hazardous Factories
 Occupier of the factory involving a hazardous process shall
disclose all the information regarding dangers, including health
hazards and the measures to overcome such hazards.
 To maintain accurate and up-to-date health record of the workers,
to form a safety committee, to carry out safety studies such as
safety report, safety audit, risk analysis etc., to prepare onsite
emergency control plan.
[For further details: Refe-65/5r the Provisions of Factories Act 1948
and Maharashtra Factories Rules 1963].
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SAQ 2
a) Who is an occupier according to the Factories Act – 1948? Explain
the concept of ‘Occupier’ clearly.
b) What are the general responsibilities of an occupier according to the
Factories Act -1948?
c) Enumerate the duties of an occupier according to the Factories Act -
1948.
d) Discuss the role of an occupier in case of health and safety,
particularly in hazardous factories.
e) Describe the specific duties of an occupier in maintaining the
welfare and wages.
2.5 THE OBLIGATIONS OF AN OCCUPIER
The provisions made for various situations both general as well as hazardous
processes are also clearly mentioned under the Act at appropriate sections,
some important ones of which are given below.
2.5.1 Notice by Occupier (Sec. 7)
The occupier shall, at least 15 days before beginning to occupy or use any
premises as a factory and at least 30 days before the date of resumption of
work in case of seasonal factories (factories working for less than 180 days in a
year), send to the Chief Inspector a written notice containing:
 the name and situation of the factory;
 the name and address of the occupier;
 the name and address of the owner of the premises or building
(including the precincts thereof);
 the address to which communications relating to the factory may be
sent;
 the nature of the manufacturing process –
 carried on in the factory during the last 12 months in the case of
factories in existence on the date of the commencement of the Act;
and
 to be carried on in the factory during the next 12 months in the
case of all factories;
 the total rated horse power installed or to be installed in the factory,
which shall not include the rated horse power of any separate stand by
plant;
 the name of the manager of the factory for the purpose of this Act;
 the number of workers likely to be employed in the factory;
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 the average number of workers per day employed during the last twelve
(12) months in the case of a factory in existence on the date of the
commencement of this Act; and
 such other particulars as may be prescribed.
 Whenever a new manager is appointed, the occupier shall send to the
Inspector a written notice with a copy to the Chief Inspector within
seven (7) days from the date on which such person takes over charge.
 During a period for which no person has been designated as manager
of a factory or when a person designated as manager does not manage
the factory, the occupier shall deemed to be the manager of the factory.
In the J. K. Industries Ltd case, the Supreme Court observed that the provisions
of Sec. 7 and 7A, when considered in the light of proviso (ii) to Sec. 2(n),
leave no manner of doubt that it is a statutory obligation under Sec. 7 of the
Act after 1987 to nominate the occupier before he/she occupies or begins to
use the premises to run the factory and, in the case of an existing factory, seek
the renewal of the license to continue to operate the factory. It is only when
this statutory requirement is fulfilled that the factory would be given the
license or its license shall be renewed in the case of existing factories.
Sec. 7A provides that every occupier shall ensure, so far as is reasonably
practicable, the health, safety and welfare of all workers while they are at work
in the factory.
2.5.2 The Obligations as per Factories Act – 1948
The obligations of the occupier shall include:
 the provision and maintenance of plant and systems of work in
the factory that are safe and without risks to health;
 the arrangement in the factory for ensuring safety and absence of
risks to health in connection with the use, handling, storage and
transport of articles and substances;
 the provision of such information, instruction, training and
supervision as are necessary to ensure the health and safety of all
workers at work;
 the maintenance of all places of work in the factory in a condition
that is safe and without risks to health and the provision and
maintenance of such means of access to, and egress from, such
places as are safe and without such risks;
 the provision, maintenance or monitoring of such working
environment in the factory for the workers that is safe, without
risks to health and adequate as regards facilities and arrangements
for their welfare at work. Every occupier shall prepare and, as
often as may be appropriate, revise a written statement of his
general policy with respect to the health and safety of the workers
at work and the organization and arrangement for the time being
in force for carrying out that policy, and to bring the statement
and any revision thereof to the notice of all the workers in such
manner as may be prescribed (Sec. 7A).
2.5.3 General Provisions to be Obliged by the Occupier
55
 In every factory wherein 500 or more workers are ordinarily employed,

the employer shall employ in the factory prescribed number of welfare
officers (Sec. 49);
 The Chief Inspector, or the Director General of Factory Advice Service
and Labour Institute, or the Director General of Health to the
Government of India, or officers authorized by them may, after giving
a notice in writing to the occupier, undertake safety and occupational
health surveys. The occupier shall offer 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 (Sec. 91A); and
 The occupier has to submit required returns, occasional or periodical,
to the prescribed authorities (Sec. 110).
2.5.4 Provisions Relating to Hazardous Processes in Factories
 The occupier of every factory involving a hazardous process shall
disclose all information regarding dangers, including health hazards,
and the measures to overcome such hazards arising from the exposure
to, or handling of, the materials or substances in the manufacture,
transportation, storage and other processes to the workers employed in
the factory, the Chief Inspector, the local authority within whose
jurisdiction the factory is situated, and the general public in the vicinity.
The information shall include accurate information as to the quantity,
specifications and other characteristics of wastes and the manner of
their disposal (Sec. 41B);
 The occupier shall, at the time of registering the factory involving a
hazardous process, lay down a detailed policy with respect to the health
and safety of the workers employed therein and intimate such policy to
the Chief Inspector and the local authority (Sec. 41B);
 Every occupier shall, with the approval of the Chief Inspector, draw up
an on-site emergency plan and detailed disaster-control measures for
his factory and make known to the workers employed therein and to the
general public living in the vicinity of the factory the safety measures
required to be taken in the event of an accident taking place (Sec. 41B);
 Every occupier of a factory shall within a period of 30 days before the
commencement of a hazardous process inform the Chief Inspector of
the nature and details of the process in the prescribed form and manner.
Contravention of the provision by the occupier may result in the license
of the factory liable for cancellation (Sec. 41B);
 The occupier of a factory involving a hazardous process shall, with the
previous approval of the Chief Inspector, lay down measures for the
handling, usage, transportation and storage of hazardous substances
inside the factory premises and the disposal of such substances outside
the factory premises and publicize them in the manner prescribed
among the workers and the general public living in the vicinity (Sec.
41B);
 Every occupier of a factory, involving any hazardous process, shall
 maintain accurate and up-to-date health records or, as the case
may be, medical records of the workers in the factory who are
exposed to any chemical, toxic or any other harmful substances
56
manufactured, stored, handled or transported, and such records
shall be accessible to the workers subject to such conditions as
may be prescribed;
 appoint persons who possess qualifications and experience in
handling hazardous substances and the competence to supervise
such handling within the factory [to provide: M/s. ARP
Consulting & Solutions www.arpconsulting.in at the working
place all the necessary facilities for protecting the workers in the
manner prescribed] (Sec. 41C);
 The occupier shall, in every factory where a hazardous process takes
place, or where hazardous substances are used or handled, set up a
safety committee consisting of equal number of representatives of
workers and management to promote cooperation between the worker
and the management in maintaining proper safety and health at work
and to review periodically the measures taken on the behalf (Sec. 41G);
and
 It shall be the duty of the occupier to take immediate remedial action if
he feels that the lives or health of the workers employed in any factory,
engaged in hazardous process may be endangered due to any accident
whatsoever. He shall also send a report of the action taken to the
nearest Inspector of Factories. If he is not satisfied about the existence
of any imminent danger as apprehended by the workers, he shall refer
the matter to the nearest Inspector of Factories whose decision on the
question of the existence of such imminent danger shall be final (Sec.
41H)
2.5.5 Penal Provisions
1. The occupier and manager shall each be guilty of an offence and
punishable with imprisonment for a term which may extend to two (2)
years or with fine which may extend to Rs. 1 lakh or with both for any
contravention of any of the provisions of the Act or any of the rules
made there under. In case the contravention is continued after
conviction, with a further fine which may extend to Rs. 1,000 for each
day during which the contravention so continues (Sec. 92).
2. Sec. 92 contemplates a joint liability of the occupier and the manager
for any offence committed irrespective of the fact as to who is directly
responsible for the offence.
3. In case the occupier is again guilty of an offence involving
contravention of an offence punishable under Sec. 92, he/she shall be
punishable on a subsequent conviction with imprisonment for a term
which may extend to three (3) years or with fine which shall not be less
than Rs. 10,000 but may extend to Rs. 2,00,000, or both (Sec. 94).
4. Sec. 95 lays down penalty of punishment with imprisonment for six (6)
months or fine of Rs. 10,000 or both for willfully obstructing an
Inspector in the exercise of any powers conferred on him by or under
this Act or failing to produce any registers and other documents to him
on demand or concealing or preventing any workers from appearing
before or being examined by the Inspector. [Ref: M/s. ARP Consulting
& Solutions www.arpconsulting.in]
5. Sec. 96A provides punishment with seven (7) years imprisonment or
fine which may extend to Rs. 2,00,000 for the non-compliance with, or
57
contravention of, any of the provisions of Sec. 41B, 41C or 41H or

rules made there under by any person. In case the failure or
contravention continues, with additional fine which may extend to Rs.
5,000 for every day during which such failure or contravention
continues after the contravention for the first such failure or
contravention. If such failure 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 (10) years.
6. The court may, in addition to awarding any punishment, require the
occupier to take measures so specified for remedying the matters in
respect of which the offence was committed (Sec. 102).
7. Sec. 104A provides that the onus is on the person who is alleged to
have failed to comply with such duty to prove that he / she has taken all
measures or it was not reasonably practicable.
 Exemption of occupier from liability in certain cases where the
occupier is charged with an offence punishable under the Act, Sec.
101 entitles him / her to make a complaint and give not less than
three clear days notice to the prosecutor in writing, of his
intention to have any other person whom he / she charges as the
actual offender brought before the court at the time appointed for
hearing the charge.
 The occupier proves to the satisfaction of the court that he/she has
used due diligence to enforce the execution of the Act, and that
the said other person committed the offence in question without
his/her knowledge, consent or connivance, the occupier shall be
discharged from any liability under the Act.
 The legislature has taken care to dilute the rigour of Sec. 92 by
providing an exception to the strict liability rule by laying down a
third-party procedure in Sec. 101 of the Act. This section in a way
is an exception to the general rule and enables the occupier or the
manager of the factory to extricate himself / herself from
punishment by establishing that the actual offender is someone
else and giving satisfactory proof of facts as are contemplated by
Sec. 101.
 Under Sec. 101, a provision for three days advance notice to the
prosecutor has been added. After a complaint is made by the
Inspector of Factories against the manager or occupier under Sec.
92 of the Act for contravention of any of the provisions of the Act,
the manager or occupier is entitled to complain against the actual
offender before the court and if he/ she does so, the actual
offender is given a notice and brought before the court and the
trial then proceeds against both the persons complained against
because the section contemplates both sets of complaints (one
filed by the Inspector of Factories and the other by the manager or
the occupier) and both the accused (one as named by the
Inspector of Factories and the other as named by the manager or
occupier) being brought before the court at the same time.
 The carriage of proceedings is with the original complainant
(Inspector of Factories) and the onus also lies on him/ her of
proving that an offence has been committed. Both the parties
complained against (one by the Inspector and the other by the
58
manager or occupier) are entitled to cross-examine the
prosecution witnesses at this stage with evidence to disprove the
charge.
 If the prosecution fails to prove the offence, both of them would
be acquitted. However, if the offence is proved, then the trial
court shall record an order to that effect and manager shall be
afforded an opportunity to extricate himself/herself from the
liability, provided he/she can give satisfactory proof of the facts
required by Sec. 101.
 The onus of proof, at that stage, is shifted to the manager or the
occupier. He / she is entitled to call evidence as well as give
evidence himself / herself. The alleged actual offender would
have a right to cross-examine the manager or the occupier as the
case may be.
 Even where the occupier establishes that the actual offender is the
person named by him / her, he / she must still prove to the
satisfaction of the court that he / she had used due diligence to
enforce the execution of the Act and that the said other person
committed the offence in question without his / her knowledge,
consent or connivance. In the J. K. Industries Ltd case, the
Supreme Court held that in the scheme of Sec. 101
 that the occupier or manager should be relieved from liability
only if the actual offender could be brought to court
 the presence of the actual offender, on whom the burden has been
shifted by the occupier or the manager, would be necessary at the
time of trial; and - a period of three months has been prescribed
by the legislature within which the actual offender should
ordinarily be brought before the court by the process of law.
 If that cannot be done, the trial against the occupier or the
manager, as the case may be, cannot be allowed to be protracted
indefinitely and it is difficult to see how any fault can be found
with this provision.
 Sec. 117 provides that no suit, prosecution or other legal
proceeding shall lie against any person for anything which is done
or intended to be done in good faith under the Act.
 The section protects persons from unnecessary harassment for
acts done or intended to be done in good faith.
 The Supreme Court in State of Gujarat vs Kansara Manilal
Bhikalal observed that it is hardly possible to apply Sec. 117 to a
case in which the provisions of the Act or the rules made there
under are contravened by reason of sheer neglect on his part to
acquaint himself with the requirements of the law.
2.6 FACTORY MANAGER JOB RESPONSIBILITIES
 Factory managers have to plan production activities, production

meetings, machine maintaining schedules, worker schedules and
budget maintenance schedules and quality of products.
59
 The whole industrial production has to be managed by factory

managers, or they have to take care of all the features associated with a
particular department. The safety measures have to be followed.
 If there are any quality related issues, the factory managers have to find
out the reason and ensure that it is not repeated.
 A factory manger has to collaborate and meet with other managers of
the factory. Liaison with finance department, HR department, quality
control department, safety department are of much significance.
 Ensure that receiving and shipping schedules are maintained in strict
adherence to the target dates.
 See to it that the workers always abide by the safety rules associated
with the industry.
 They need to attend the scheduled corporate meetings and training.
 Conduct performance reviews of employees
A factory manager is typically the most senior manager in an industrial factory
or manufacturing plant, with responsibility for all the activities of the factory.
The factory manager's objectives are usually tied to the amount and quality of
the items that the factory is producing. Most factories are fast-moving places,
and some of them operate 24 hours a day. They contain offices as well as
assembly and production lines, so factory managers must have a wide variety
of skills.
The factory manager holds responsibilities mainly in four dimensions. These
are
 People
 Premises
 Processes
 Planning
We shall now discuss about these four dimensions in detail.
People
A factory manager has overall responsibility for all the people working on the
site, both in the offices and on the shop floor. He / She signs off on recruitment
and advises on any disciplinary issues. It is his / her responsibility to
communicate to staff and motivate them to achieve the factory targets. As
many factories form part of larger companies, the factory manager may have to
adhere to the corporate human resources policies. In this case, it would be part
of the manager's role to liaise with the central human resources function.
Premises
The factory manager is in charge of the building in which he / she and his / her
staff operate. In most manufacturing industries, health and safety are
paramount. Handling some materials or working with heavy machinery can be
very dangerous. It is vital for a senior manager to be answerable for assessing
risk and ensuring that appropriate health and safety procedures are in place and
applied rigorously.
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Processes
Any form of manufacturing or production is a process. In most modern
factories, while some parts of the process are carried out by machines, other
parts are done by teams of people. The factory manager, in partnership with
supervisors and other managers, decides how to design those teams for optimal
performance. He / She also set targets and communicate progress so that teams
are motivated to deliver.
Importance of the factory manager increases manifold in case of continuous
process industries, where functions of different departments / shops are to be
synchronized to a great extent in order to maintain the rhythm of operation.
Planning
Key to the effective running of a factory is ensuring that there is no down time
and that everyone is working at a reasonable pace. Companies do not want to
pay staff to be standing around idly or working at half speed, resulting in
substantial wastage of manpower, one of the most important and costly
resources of any company. Therefore, factory managers must have an
immaculate plan to ensure optimum utilization of the staff and resources to
deliver orders on time, but not to be paying people to be there when there is no
work for them to do. They also need to schedule maintenance of the building
and equipment at times when they are not going to be needed to fulfill a major
order.
SAQ 3
a) Explain about the information to be furnished by the occupier for
giving a notice.
b) What are the obligations of occupier specified under Factories Act –
1948?
c) List out the general provisions to be obliged by the occupier.
d) Enumerate the provisions related to hazardous processes in the
factories.
e) List out the job responsibilities of a factory manager.
f) Explain the four dimensions of responsibilities that a factory
manager is required to discharge.
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2.7 PROVISIONS UNDER FACTORIES ACT - 1948
The provision under the Factories Act, for the ease of understanding, can be
studied under the following heads as:
1. Health of the workers
2. Safety of the workers
3. Welfare of the workers
These are discussed here below:
2.7.1 Provisions Regarding the Health of Workers
Sections 11 to 20 of the Act contain certain provisions intended to ensure that
the conditions under which work is carried on in factories do not affect the
health of the workers adversely / injuriously.
Summary of the provisions of the Factories Act, relating to the health of
workers are stated below.
 Cleanliness: Every factory shall be kept clean and free from dirt and the
outflow of drains etc. The floors must be cleaned. Drainage shall be
provided. Inside walls, partitions and ceilings must be repainted at least
once in five years. When washable, water paint is used and they must
be painted once every three years and washed at least every period of
six months. -Sec. 11, as amended in 1976.
 Disposal of wastes and effluents: The waste materials produced from
the manufacturing process must be effectively disposed off. -Sec. 12.
 Ventilation and Temperature: There must be provision for adequate
ventilation by the circulation of fresh air: The temperature must be kept
at a comfortable level. Hot parts of machines must be separated and
insulated. -Sec. 13.
 Dust and Fume: If the manufacturing process used, gives off injurious
or offensive dust and fume, steps must be taken so that they are not
inhaled or accumulated. The exhaust fumes of internal combustion
engines must be conducted outside the factory. -Sec. 14.
 Artificial humidification: The water used for this purpose must be pure.
It must be, taken from some source of drinking water supply. The State
Government can frame rules regarding the process of humidification
etc. -Sec. 15. .
 Over Crowding: There must be no overcrowding in a factory. In
factories existing before the commencement of the Act there must be at
least 350 cft. (55 cubic metres) of space per worker. For factories built
afterwards, there must be at least 500 cft. (or 75 cubic metres) of space
per worker. In calculating the space, an account is to be taken of space
above 14 ft. (or 5 metres) from the floor. -Sec. 16.
 Lighting: Factories must be well lighted. Effective measures must be
adopted to prevent glare or formation of shadows which might cause
eyestrain. -sec. 17.
 Drinking water: Arrangements must be made to provide a sufficient
supply of wholesome drinking water. All supply' points of such water
must be marked "drinking water". No such points shall be within 20 ft.
(or 7.5 metres) of any latrine, washing place etc. Factories employing
62
more than 250 workers must cool the water during the hot weather. -
Sec. 18.
 Latrines and Urinals: Every factory must provide sufficient number of
latrines and urinals. There must be separate provision for male and
female workers. Latrine and urinals must be kept in a clean and
sanitary condition. In factories employing more than 250 workers, they
shall be of prescribed sanitary types. -sec. 19.
 Efforts should be there to keep the noise level in the factory premises
within the specified norms. Sound proof jackets / enclosure should be
used to the extent possible in case of high noise emitting machines such
as DG sets etc.
2.7.2 Provisions Regarding the Safety of Workers
Sections 21 to 40A, 40B and 41 of the Act lay down rules for the purpose of
securing the safety of workers. Summary of the provisions of the Factories Act
regarding the safety of the workers are stated below: (Sections 2l to 41).
 Fencing of machinery: All dangerous machinery must be securely
fenced e.g., moving parts of prime movers and flywheels connected to
every prime mover, electric generators, etc. -Sec. 2l.
 Work on or near machinery in motion: Work on or near machinery in
motion must be carried out only by specially trained adult male
workers wearing tightly fitting clothes. -Sec. 22.
 Employment of young person(s) on dangerous machines: No young
person shall work at any dangerous machine unless he has been
specially instructed as to the dangers and the precautions to be
observed and/or has received sufficient training about the work, and is
under the supervision of some person having thorough knowledge and
experience of the machine. -Sec. 23.
 Striking gear and devices for cutting off power: In every factory
suitable devices for cutting off power in emergencies from running
machinery shall be provided and maintained in every workroom. -Sec.
24.
 Self-acting machines: Moving parts of a self-acting machine must not
be allowed to come within 45 cms, of any fixed structure which is not
part of the machine. -Sec. 25.
 Casing of new machinery: In all machinery installed after the
commencement of the Act, certain parts must be sunk, encased or
otherwise effectively guarded e.g. set screw, bolt, toothed gearing etc. -
sec. 26.
 Women and children near cotton Openers: Women and children must
not be allowed to work near cotton openers, except in certain cases. -
Sec. 27
 Hoists, lifts, chains etc: Every hoist and lift must be so constructed as
to be safe. There are detailed rules as to how such safety is to be
secured. There are similar provisions regarding lifting machines, chains,
ropes and lifting tackle. -Sec. 28. 29.
 Revolving machinery: Where grinding is carried on the maximum safe
working speed of every revolving machine connected therewith must
63
be notified. Steps must be taken to see that the safe speed is not
exceeded. -Sec. 30.
 Pressure plant: Where any operation is carried on at a pressure higher
than the atmospheric pressure, steps must be taken to ensure that the
safe working pressure is not exceeded. -sec. 31.
 Floors, stairs and means of access: All floors, steps, stairs, passage and
gangways shall be of sound construction and properly maintained.
Handrails shall be provided where necessary. Safe means of access
shall be provided to the place where the worker will carry on any work.
-Sec. 32.
 Pits, sumps, openings in floors etc.: Pits, Sumps, openings in floors etc.
must be securely covered or fenced. -Sec. 33.
 Excessive weights: No worker shall be made to carry a load so heavy
as to cause him injury. -Sec. 34.
 Protection of eyes: Effective screen or suitable goggles shall be
provided to protect the eyes of the worker from fragments thrown off in
course of any manufacturing process and from excessive light if any. -
Sec. 35.
 Precautions against dangerous fumes: No person shall be allowed to
enter any chamber, tank etc. where dangerous fumes are likely to be
present unless it is equipped with a manhole or other means of going
out. In such areas no portable electric light of more than 24 volts shall
be used. Only a lamp or light of flame proof construction can be used
in such space. For people entering such space suitable breathing
apparatus, revolving apparatus etc. shall be provided. Such places shall
be cooled by ventilation before any person is allowed to enter. -Secs. 36
and 36A.
 Explosive or inflammable gas etc.: Where a manufacturing process
produces / handles inflammable gas, dust, fume, etc. steps must be
taken to enclose the machine concerned, prevent the accumulation of
substances and exclude all possible sources of ignition. Extra
precautionary measures are to be taken where such substances are
worked at greater than the atmospheric pressure. -Sec. 37.
 Precaution in case of fire: Fire escapes shall be provided. Windows and
doors shall be constructed to open outwards. The means of exit in case
of the fire shall be clearly marked in red letters. Arrangements must be
made to give warning in case or fire. -sec. 38
 Specifications of defectives etc. and safety of buildings and machinery:
If any building or machine is in a defective or dangerous condition, the
inspector of factories can ask for the holding of tests to determine how
they can be made safe. He can also direct the adoption of the measure
necessary to make them safe. In case of immediate danger, the use of
the building or machine can be prohibited. -Secs. 39, 40.
 Maintenance of Buildings: If the Inspector of Factories thinks that any
building in a factory, or any part of it, is in such a state of disrepair that
it is likely to affect the health and welfare of the workers, he may serve
on the occupier or manager or both in writing specifying the measures
to be done before the specified date. -Sec. 40A.
64
 Safety Officers: The State Government may notify to the occupier to
employ a number of Safety Officers in a factory wherein one thousand
or more workers are ordinarily employed, or wherein any
manufacturing process or operation which involves the risk of bodily
injury, poisoning, disease or any other hazard to health of the persons
employed in the factory. -Sec. 40B.
 Rules: The State Government may make rules providing for the use of
such further devices for safety as may be necessary. -Sec. 41.
2.7.3 Provisions Regarding the Welfare of Workers
Summary of the provisions of the Factories Act regarding the welfare of
workers are stated below:
 Washing: In every factory adequate and suitable facilities for washing
shall be provided and maintained. They shall be conveniently
accessible and shall be kept clean. There must be separate provisions
for male and female workers. -Sec. 42.
 Storing and drying: The State Government may make rules requiring
the provision of suitable facilities for storing and drying clothing. -Sec.
43.
 Sitting: Sitting facilities must be provided for workers who have to
work in a standing position so that they may take rest when possible.
When work can be done in a sitting position efficiently the Chief
Inspector may direct the provision of sitting arrangements. -Sec. 44.
 First aid: Every factory must provide first aid boxes or cupboard. They
must contain the prescribed materials and they must be in charge of
persons trained in first aid treatment. Factories employing more than
500 persons must maintain an ambulance room containing the
prescribed equipment and in charge of the prescribed medical and
nursing staff. -Sec. 45.
 Canteens: Where more than 250 workers are employed, the state
Government may require the opening of canteen or canteens for
workers. Rules may be framed regarding the food served its
management etc. -Sec. 46.
 Shelters: In every factory where more than 150 workers are employed,
adequate and suitable shelters or rest rooms and a lunch room (with
drinking water supply) must be provided, where workers may eat meals
brought by them. Such rooms must be sufficiently lighted and
ventilated and must be maintained in a cool and clean condition. The
standards may be fixed by the State Government. -Sec. 47.
 Creches: In every factory where more than 30 women are employed, a
room shall be provided for the use of the children (below 6 years) of
such women. The room shall be of adequate size, well lighted and
ventilated, maintained in a clean and sanitary condition and shall be in
charge of a woman trained in the care of children and infants. The
standards shall be laid down by the State Government. -Sec. 48.
 Welfare officers: Welfare officers must be appointed in every factory
where 500 or more workers are employed. The State Government may
prescribe the duties, qualifications etc. of such officers. Sec. 49.
65
 Rules: The State Government may make rules regarding the welfare of
workers.-Sec. 50.
SAQ 4
a) Describe the provisions specified under the Factories Act for
health of workers that an occupier has to provide.
b) What are the provisions specified under the Factories Act for
safety of workers that an occupier has to provide?
c) List out the provisions to be made by an occupier as specified
under the Factories Act for welfare of workers.
d) Discuss the welfare activities for which an occupier is held
responsible toward women employees.
2.8 OTHER PROVISIONS OF THE FACTORIES ACT
Let us now discuss about the other provisions of the Factories Act
Departments as Factories
The State Government may, upon application, declare that for the purposes of
the Act, different departments or branches of a factory shall be treated as
separate factories or that two or more factories of the occupier shall be treated
as the same factory. – Sec. 4.
Exemptions
Exemption during Public Emergency
Factories or any class of factories may be exempted from the operation of any
of the provisions of the Act during a public emergency (except that of Sec. 67,
employment of children) for such periods and subject to such conditions as the
Government may think fit. The exemption is to be made by notification in the
official Gazette for a period not exceeding three months at a time. -Sec. 5.
Explanation: For the purposes of this section 'public emergency' means a
grave emergency whereby the security of India or of any part of the territory
thereof is threatened, whether by war or external aggression or internal
disturbance.-Amendment of 1976.
Exemption of 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, training, research or reformation from all or any
of the provisions of the Act. But no exemption is to be granted from the
provisions relating to hours of work and holidays unless there is a scheme
relating to such matters containing rules not less favourable to the workers than
the provisions of the Act. -Sec. 86.
Dangerous Operations, Accidents and Diseases
The State Government is empowered to make special rules for the purpose of
controlling and regulating factories which carry on manufacturing process or
66
operation exposing workers to a serious risk of bodily injury, poisoning or
disease. -Sec. 87.
Rules have been made providing for medical examination, protection of
workers; restricting and controlling the use of particular materials and
processes; payment of fees for medical examination by the occupier; welfare
amenities; sanitary amenities; measures to avoid imminent danger of poisons
or toxicity.
Notifiable Accidents
 The manager of a factory must send a notice to the authorities
whenever an accident occurs which causes death or which causes
bodily injury preventing the worker from working for a Period of 48 or
more hours or other types of injury which may be specified by rules.
 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 .
 The State Government may make rules for regulating the procedure at
inquiries under this section. -Sec. 88.
[Para 2 and 3 had been added by the Amendment of 1976].
Notice of Certain Dangerous Occurrences
In case of any dangerous occurrence of such nature as may be prescribed,
occurs in a factory, 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.--Sec. 88A, Factories
(Amendment) Act, 1976.
Notifiable Diseases
The manager of a factory must send notice to the authorities whenever a
worker suffers from any of the diseases mentioned in the Schedule to the Act.
(These are known as Occupational Diseases).
Examples:
 Poisoning by lead, mercury, phosphorus etc;
 Anthrax;
 Silicosis;
 Swine flu;
 Skin cancer;
 Toxic anemia;
 Jaundice;
 Pneumonoultramicroscopicsilicovolcanoconiosis* etc.
(*This is the longest word in English)
The medical practitioner attending the person, if any, shall without delay send
a report to the Chief Inspector in writing, stating the name of the person
affected and other particulars. -Sec. 89.
67
Enquiry into Accidents and Diseases

The State Government may appoint a competent person to enquire the causes
of any 'accident occurring in a factory or of a notifiable disease, and may also
appoint one or more persons possessing legal or special knowledge to act as
assessors in such enquiry. The person appointed to enquire can call witnesses
like a Civil Court and exercise any of the powers of an Inspector. He must
submit a report to the State Government, together with his observations. The
report or extracts there-from may be published. -Sec. 90.
Safety and Occupational Health Survey
The State Government or the Director General of Factory Advice Service and
Labour Institutes etc., can employ the Chief Inspector and certain other
persons to undertake safety and occupational health surveys. The occupier and
manager and all other persons shall provide all facilities for such survey,
including examination, testing of plant and machinery, collection of samples,
other data, medical examination of persons, calculation of wages and extra
wages for overtime work. -Sec. 91A, added by The Factories (Amendment)
Act, 1976.
2.9 PENALTIES AND PROCEDURES
Sections 92 to 106 lay down the rules regarding penalties for offences against
the Act.
Owner: The owner of any premises, let out for use as different factories, is
responsible for the provision and maintenance of common facilities and
services, e.g., approach roads, drainage, water supply, latrines, sewage etc.
Occupier: In most cases the occupier of the factory is responsible for offences
committed against the Act. But the occupier is exempted from liability if
he/she can show that he/ she has used due diligence to enforce the execution of
the Act and that some other person committed the offence without his
knowledge, consent or connivance.
Penalties: The penalties for some of the offences are mentioned below
Offences Imprisonment / Fine
Obstructing Inspector Up to 3 months and/or
fine Up to Rs 500/-
Wrongfully disclosing result - do -
of analysis of sample
Contravention of any duty or
liability by a worker nil / Rs 20/-
Using false certificate of fitness Up to 1 month / Rs 50/-
Permitting double employment nil / - do -
of child
68
Cases not otherwise provided for Up to 3 months / Rs. 2000
Second offence for above 6 months / Rs. 5000
Where contravention of any of the provisions of Chapter IV or any rule made

there-under or under Section 87 has resulted in an accident causing death or
serious bodily injury, the fine shall not be less than one thousand rupees in the
case of an accident causing death, and five hundred 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 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. Sec. 92 added in the Amendment of 1976.
Cognizance: No court can take cognizance of an offence under the Act except
on a complaint by or with the previous sanction of an Inspector in writing.
Only a Presidency Magistrate or a Magistrate of the first class can try offences
under the Act. The complaint must be filed within 3 months of the date when
the commission of the offence came to the knowledge of an Inspector. For
disobeying a written order of an Inspector, complaint may be filed within 6
months of the date when the offence was committed.
Presumption: A person found in the factory when the factory is going on or the
machinery is in motion, except during the time of meal or rest, is presumed to
be employed in the factory until the contrary is proved.
When in the opinion of the' Court a person is prima facie underage, the burden
shall be on the accused to show that such person is not under-age.
2.9.1 Appeals
The manager or the occupier of a factory on whom an order in writing has
been served by an Inspector can appeal against it to the prescribed 'authority
within thirty days. -Sec. 107.
2.9.2 Notice
In certain cases (prescribed by the rules) abstracts of the Act and the rules are
required to be displayed in the factory. All notices under the Act must be
displayed in English and in a language understood by the majority of the
workers employed therein. They must be displayed in a conspicuous and
convenient place at or near the main entrance of the factory and must be
maintained in a clean and legible condition. The Chief Inspector may require
the display of posters relating to the health, safety and welfare of workers. -Sec.
108.
2.9.3 Returns
The owners, managers and occupiers of factories are required by rules to
submit various returns and reports.-Sec. 110.
2.10 OBLIGATIONS OF WORKERS
Section 111 lays down that no worker in a factory
69
 shall willfully interfere with or misuse any appliances or any other

things provided in a factory for the purpose of securing the health,
safety or welfare of the workers therein,
 shall willfully and without reasonable cause do anything likely to
endanger himself or others; and
 shall willfully neglect to make use of any appliance or other thing
provided in the factory for the purposes of securing the health or safety
of the workers therein.
If any worker contravenes any of the provisions of this section or of any rule or
order made there under he shall be punishable with imprisonment which may
extend to 3 months or with fine which may extend to Rs. 100 or with both.
Power of the Central Government
The Central Government may give directions to a State Government as to the
carrying into execution of the provisions of the Act. -Sec. 113.
Abolition of Contract Labour
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in the Contract Labour (Regulation and
Abolition) Act, 1970. Sec. 119, added by the Factories (Amendment) Act, 1976.
SAQ 5
a) Describe the exemptions provided under Factories Act with
reference to public emergency and public institutions.
b) Explain the provisions made under Factories Act toward the
dangerous operations, accidents and diseases.
c) Discuss the general obligations of the workers in factory.
d) Briefly discuss the powers, extensions and exemptions of
Government, provided under the Factories Act.
e) With examples explain the structure of penalties for violating the
provisions under Factories Act – 1948.
2.11 CASE STUDY
Case study : Fire at AMRI Hospital, Kolkata on 9.12.2011

around 2.30 am
Abstract:
At least 93 people – most of them patients, died in the huge fire that broke out
in the early morning hours in AMRI. The fire began in the basement where a
pharmacy and the store were located. The area was stacked with highly
combustible material such as PVC pipes, mattresses, oxygen and LPG
cylinders, and even engine oil. When the fire was sparked off, dense smoke
started billowing out of the basement and entered the upper floors catching
many persons unaware in their sleep.
70
While most nurses, doctors and other staffers were able to get away, many
critically ill patients suffocated to death in their hospital beds. With no outlet /
openable windows, the smoke started circulating in the building, choking the
patients and the staff. None of the patients who died had any burn injuries. All
were just choked to death.
The accident:
As Kolkata was developed in a rather unplanned way, the city has always been
a bit vulnerable to disasters of different kind, where fire is undoubtedly the
most critical one. Handling of any such emergencies has also been more
difficult here, because of the high population density and congested narrow
roads. To make the situation worse, fire fighting is always difficult due to
even narrower approaches to the affected sites.
Precisely for this reason, it is expected that everyone should take utmost care
to prevent fire hazards at the first place, where the management of AMRI
Hospital failed miserably.
The callous attitude of the hospital management was unprecedented to say the
least.
An incensed State Government openly blamed the hospital authorities for this
“criminal negligence”. Taking a tough stand, the state government filed a
criminal case against them and ordered their arrest. In the afternoon six
directors of the hospital group surrendered at Lalbazar, the city police
headquarters. They were booked on charges of culpable homicide tantamount
to murder under Section 304 of the IPC.
The Government also cancelled the hospital’s license and registration.
What went wrong?
 The fire broke out at around 0200 AM. The hospital staff started
fire fighting operations on their own without initiating a fire alarm
or informing the fire brigade. This resulted in loss of initial crucial
time. Internal fire hydrants / sprinkler system were either
nonfunctional OR the staff were not trained to operate them in an
emergency situation. This resulted in the fire spreading rapidly and
out of control.
 The hospital security staff did not allow local residents to enter for
rescue work after the fire was detected. Few local youths of
neighboring slums scaled the hospital’s rear boundary wall and
jumped into rescue work. Unfortunately, it was too late by then.
 The hospital staff informed fire brigade and Police only when fire was
out of control and only then all locked doors/gates were opened for
rescue operations upon their arrival.
 Fire brigade help also turned up very late and were found entering
smoke areas without BA sets. Also had no search lights / ladders to
initiate any effective rescue operation at initial stage.
 The fire alarm system for the building was found SWITCHED OFF to
avoid false alarms. This resulted in no fire alarm alert and centralized
AC system too did not trip automatically. The running of AC in fire
situation resulted in spreading of smoke in unaffected upper floors
causing huge number of casualties. No fire/ smoke dampers were found
working in the fire situation.
71
 External glass Façade made of double glass panes were very difficult
to break and the building had no operable windows to dissipate smoke
which resulted in many deaths due to suffocation / asphyxia
 Emergency lighting too did not work / nor was adequately available
resulting in total darkness inside the building hampering rescue /
firefighting. Nobody started rescue operations using internal staircases
/ lifts ramps due to pitch darkness and presence of dense smoke at
early crucial stage. The staff was untrained and was unaware of any
emergency preparedness.
 The rescue operation was seen being carried out using rope -ladders
from outside the building reaching to the trapped personnel by
breaking the façade glasses. Though this saved many valuable lives but
the technique used to rescue was hilarious / dangerous. Few patients
were found jumping on hydraulic platform from the window.
 The basement was converted into pharmacy and godown stacked with
highly combustible materials. It was learnt that even oxygen cylinders
/ LPG cylinders were found stored in the basement.
 The Fire Brigade vehicles could not reach closer to the building since
the approach route was halved due to DG set installation and Gas Bank
and emergency vehicles could not turn through the narrow passage.
 It is clear that all significant elements of the system failed - -starting
from the regulatory oversight of the management to failure of State
authorities in disaster management; thus leading to loss of so many
precious lives.
Learning from the incident / Recommendations:
 All statutory and regularity compliance to be strictly
implemented by the management not only to get adequate NOCs
but in view to safeguard life of people.
 Disaster management plan to be prepared and implemented at site
providing clear-cut guidelines to staff and concerned about actions
in various emergency scenarios. The plan to be followed up with
training of staff and continual improvements through on site mock
drills.
 Firefighting / life safety systems to be commissioned and to be
maintained in a Ready to Operate condition all the time
 Emergency power: Reliable source of emergency power to be installed
in the building at par with the codes and practices (Use of MI cables
may be made compulsory) so that even if main power source is
switched off , life safety systems, lifts, emergency lighting, peripheral
lights etc shall be provided with un interrupted power. This shall
ensure rapid and effective emergency response.
 All emergency staircases and lifts should open in enclosed lobby (that
can be pressurized by blowers upon activation of fire alarm) to avoid
vertical smoke and flame travel. At least one emergency staircase shall
open directly outside building at Ground floor for safe evacuation and
rescue.
 Open able windows: At least 15% open able windows to be provided
that can be opened easily during emergencies. These windows /
72
doors to be marked with signage and periodically checked for
operability.
 Basement: Proper mechanical ventilation and smoke exhaust system
to be installed in basement to avoid smoke logging. No combustible
materials to be stored in it. Any type of modifications to
accommodate storage of consumables / stationery etc will be
forbidden.
 Fire vehicle approach: Approach and peripheral roads to be designed
to cater 20 meter turning radius for Fire Tender / Hydraulic Ladders
and should be capable of taking 40 tons load of Fire Vehicles.
Questions:
a) Was the disaster inevitable?
b) Would it be correct to say that the patients died because of the
callous attitude and serious wrong doings of the hospital authority?
c) Could you list the blunders of the management that had resulted in
the disaster?
d) How do you assess the role of the occupier?
e) Could the accident be prevented? If yes, HOW?
f) What do you learn from this unfortunate mishap?
2.12 LET US SUM UP
Let us summarize what we have discussed in this unit. It is necessary to

understand the jargon and history of Factories Act -1948. We have discussed in
detail the duties and responsibilities of the occupier of the factory. Therefore,
an overview of Factories Act – 1948 is presented at the outset and then various
activities (duties, responsibilities and obligations) of occupier and factory
manager are described as specified under the respective sections (indicated
along with the text). The provisions of health, safety and welfare of workers
under the act are discussed as they clearly indicate the bounds and limits of the
jobs of occupier and managers and prompt what to do and what not to do. The
other provisions under the act as relevant to the activities of occupier/manager
are discussed along with the penalty provisions
2.13 KEY WORDS
73
1. Factory: any premises including the precincts thereof whereon ten or more
workers are working, or were working on any day of the preceding twelve
months - Section 2 (m)
2. Manufacturing Process: making, altering, finishing, packing, oiling, washing,
breaking up, demolishing, or treating to use/sale/transport/disposal; or
pumping oil/water/sewage etc; or generating, transforming or transmitting
power; or composing for printing, press, lithography, photogravure or book
binding; or constructing, repairing, refitting, working with ships or vessels; etc.
-Section 2(k)
3. Worker: Any person engaged in any work connected with or incidental to a
manufacturing process. -Sec. 2(1)
4. Power: electrical or any other form of energy which is mechanically
transmitted and is not generated by human or animal agency. -Sec. 2(g).
5. Prime mover: any engine, motor or other appliance which generates or
otherwise provides power. -Sec. 2(h).
6. Transmission machinery: any shaft, wheel, gear train, drum pulley, system
of pulleys, coupling, clutch, 'driving belt or other appliance or device by which
the motion of a prime mover is transmitted to or received by any machinery or
appliance -Sec. 2(i).
7. Machinery: prime movers, transmission machinery and all other appliances
whereby power is generated, transformed, transmitted or applied". Sec. 2(j).
8. Adult: a person who has completed 18th year of age. -Sec. 2(a).
9. Adolescent: a person who has completed 15th year of age but not 18th year.
-Sec. 2(b).
10. Child: a person who has not completed his fifteenth year of age". -Sec. 2(c)
11. Young Person: a person who is either a child or an adolescent". -Sec. 2(d).
12. Calendar Year: the period of 12 months beginning with the 1st day of
January in any year". -Sec. 2(dd).
13. Day: a period of twenty four hours beginning at midnight. -Sec. 2(e).
14. Week: a period of seven (7) days beginning 'at midnight on Saturday night
or such other night as may be approved in writing, at a particular area by the
Chief Inspector of Factories -Sec. 2(f).
15. Shift and Relay: Where work of the same kind is carried out by two or
more sets of workers working during different periods of the day, each of such
sets is called a "relay" and each of such periods is called a "shift". -Sec. 2(r).
16. Occupier: the person who has ultimate control over the affairs of the
factory, and where the said affairs are entrusted to a managing agent, such
agent shall be deemed to be the occupier of the factory. -Sec. 2(n).
IMPORTANT SECTIONS UNDER THE FACTORIES ACT – 1948
 Sec. 2: Defines Jargon and terminology of Factory and its premises (Ref.
Keywords)
 Sec. 4: Departments or branches of a factory shall be treated as separate

factories
 Sec. 5: Factories may be exempted from the operation during a public

emergency
74
 Sec. 6: Approval, licensing and registration of factories;
 Sec. 7: Notice by occupier;
 Sec. 7A: General duties of the occupier;
 Sec. 7B: General duties of manufacturers, and so on;
 Sec. 11: Cleanliness in a factory;
 Sec. 12: Effective arrangements for the treatment of wastes and effluents;
 Sec. 13: Provision of adequate ventilation and temperature to secure

reasonable conditions of comfort and prevent injury to health;
 Sec. 14: Prevention of inhalation and accumulation of dust and fumes;
 Sec. 15: The process of artificial humidification;
 Sec. 16: Prevention of over-crowding;
 Sec. 17: Provision of lighting arrangements, or provisions relating to safety;
 Sec. 18: Effective arrangements for drinking water;
 Sec. 19: Provision of latrines and urinals;
 Sec. 2l: Fencing of machinery.
 Sec. 22: Work on or near machinery in motion:
 Sec. 23: No employment of young person(s) on dangerous machines.
 Sec. 24: Striking gear and devices for cutting off power.
 Sec. 25: Structuring for moving parts of self-acting machines.
 Sec. 26: Casing of new machinery.
 Sec. 27: Not to allow women and children near cotton Openers.
 Sec. 28 & 29: Safety of hoists, lifts, chains etc.
 Sec. 30: Safety at revolving machinery.
 Sec. 31: Safety at Pressure plant
 Sec. 32: Safety at floors, stairs and means of access
 Sec. 33: Safety at pits, sumps, openings in floors etc.
 Sec. 34: No worker shall be made to carry a load so heavy as to cause him
injury.
 Sec. 35: Protection of eyes
 Sec. 36 & 36A: Precautions against dangerous fumes
 Sec. 37: Safety with handling explosive or inflammable gas etc.
 Sec. 38: Precaution in case of fire
75
 Sec. 39 & 40: Specifications of defectives etc. and safety of buildings and
machinery
 Sec. 40A: Maintenance of Buildings
 Sec. 40B: Employment of Safety Officers
 Sec.41: Rules providing for use of further devices for safety as may be
necessary.
 Sec. 41B: Information as to the quantity, specifications and other

characteristics of wastes and the manner of their disposal;
 Sec. 41C: Necessary facilities for protecting the workers in the manner
prescribed;
 Sec. 41G: Setting up a safety committee of workers and management to

promote safety and health at work and to review periodical measures;
 Sec. 41H: Remedial actions for health and safety;
 Sec. 42: Provision of washing facilities;
 Sec. 43: Facilities for storing and drying clothing;
 Sec. 44: Facilities for sitting;
 Sec. 45: Provision of first-aid appliances, working hours of adults,

employment of young persons, annual leave with wages, or special provisions
of rules by the govt.
 Sec. 46: Provision of canteens;
 Sec. 47: Shelters, restrooms and lunch rooms;
 Sec. 49: Employment of welfare officers w.r.t workers employed on

maintenance;
 Sec. 50: Provision for State Govt. to make rules regarding the welfare
of workers.
 Sec. 86: Exemption of public institutions, workshop or workplace for
the purposes of education, training, research or reformation.
 Sec. 87: State Govt. empowered to make special rules to
control/regulate factories
 Sec. 88: The State Govt. may make rules for regulating the procedure at
inquiries.
 Sec. 89: The medical practitioner shall without delay send a report to
the Chief Inspector in writing, stating particulars.
 Sec. 90: The State Govt. may appoint a competent person to enquire
into the causes of any accident occurring in a factory or of a notifiable
disease,
 Sec. 91A: Employment of Chief Inspector to undertake OH & S
surveys.
76
 Sec. 92: The occupier is punishable with imprisonment up to two (2)

years or with fine up to Rs. 1 lakh or both for any contravention of the
provisions of the Act.
 Sec 92 to 106: Rules regarding penalties for offences against the Act.
 Sec. 94: Occupier, again found guilty of Sec. 92, is punishable with
imprisonment of three (3) years or with fine up to Rs. 2,00,000, or both.
 Sec. 95: Imprisonment for six (6) months or fine of Rs. 10,000 or both
for willfully obstructing an Inspector in exercising of any powers
conferred on him by this Act.
 Sec. 96A: For the non-compliance or contravention of the provisions of
Sec. 41B, 41C or 41H, imprisonment of seven (7) years or fine up to Rs.
2,00,000 and if it continues, additional fine of Rs. 5,000 per day with
imprisonment extending to ten (10) years.
 Sec. 102: Punishments to the occupier if fails to specified remedying.
 Sec. 104A: The onus is on the person who is alleged to have failed to
comply with such duty to prove that he/ she has taken all measures or
it was not reasonably practicable.
 Sec. 107: The manager or the occupier can appeal against charges
within thirty days.
 Sec. 108: All notices must be displayed in English and in a local
language.
 Sec. 109: Service of notices on owners, occupiers or managers of
factories
 Sec. 110: Submission of returns w.r.to employees, machinery, plant or
premises.
 Sec. 111: Obligations of worker not to willfully interfere or misuse any
appliance; defaulter punishable with imprisonment up to 3 months or
fine up to Rs. 100 or both.
 Sec. 113: Central Govt. may direct State to execute the provisions of
the Act.
 Sec. 119: Provisions to abolish contract of labour for any inconsistency
therewith
2.14 ANSWERS TO SAQ’s
Refer the relevant preceding text in the unit or other useful books on the topic
listed in the section “Further Reading” given at the end of the block to get the
answers of the self assessment questions.
77
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Unit 2

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UNIT 2 DUTIES AND RESPONSIBILITIES OF

OCCUPIER AND FACTORY MANAGER

The duties, responsibilities and the obligations of an occupier, factory manager

 appreciate the functions of a factory manager along with the authority

2.2 THE OVERVIEW OF FACTORIES ACT – 1948

 Applicability of Factories Act, 1948

2.3 CONCEPT AND MEANING OF ‘OCCUPIER’

2.4 DUTIES AND RESPONSIBILITIES OF THE

In the landmark case of J. K. Industries Ltd Vs Chief Inspector of Fisheries and

 the provision and maintenance of plant and systems of work in

2.5 THE OBLIGATIONS OF AN OCCUPIER

 In every factory wherein 500 or more workers are ordinarily employed,

contravention of, any of the provisions of Sec. 41B, 41C or 41H or

2.6 FACTORY MANAGER JOB RESPONSIBILITIES

 Factory managers have to plan production activities, production

 The whole industrial production has to be managed by factory

2.7 PROVISIONS UNDER FACTORIES ACT - 1948

2.8 OTHER PROVISIONS OF THE FACTORIES ACT

Enquiry into Accidents and Diseases

2.9 PENALTIES AND PROCEDURES

Obstructing Inspector Up to 3 months and/or

Wrongfully disclosing result - do -

Contravention of any duty or

liability by a worker nil / Rs 20/-

Using false certificate of fitness Up to 1 month / Rs 50/-

Permitting double employment nil / - do -

Second offence for above 6 months / Rs. 5000

Where contravention of any of the provisions of Chapter IV or any rule made

2.10 OBLIGATIONS OF WORKERS

Section 111 lays down that no worker in a factory

 shall willfully interfere with or misuse any appliances or any other

2.11 CASE STUDY

Case study : Fire at AMRI Hospital, Kolkata on 9.12.2011

2.12 LET US SUM UP

Let us summarize what we have discussed in this unit. It is necessary to

2.13 KEY WORDS

 Sec. 4: Departments or branches of a factory shall be treated as separate

 Sec. 5: Factories may be exempted from the operation during a public

 Sec. 6: Approval, licensing and registration of factories;

 Sec. 7: Notice by occupier;

 Sec. 7A: General duties of the occupier;

 Sec. 7B: General duties of manufacturers, and so on;

 Sec. 11: Cleanliness in a factory;

 Sec. 13: Provision of adequate ventilation and temperature to secure

 Sec. 14: Prevention of inhalation and accumulation of dust and fumes;

 Sec. 15: The process of artificial humidification;

 Sec. 16: Prevention of over-crowding;

 Sec. 17: Provision of lighting arrangements, or provisions relating to safety;

 Sec. 18: Effective arrangements for drinking water;

 Sec. 19: Provision of latrines and urinals;

 Sec. 2l: Fencing of machinery.

 Sec. 22: Work on or near machinery in motion:

 Sec. 23: No employment of young person(s) on dangerous machines.

 Sec. 25: Structuring for moving parts of self-acting machines.

 Sec. 26: Casing of new machinery.

 Sec. 28 & 29: Safety of hoists, lifts, chains etc.

 Sec. 30: Safety at revolving machinery.

 Sec. 31: Safety at Pressure plant

 Sec. 32: Safety at floors, stairs and means of access

 Sec. 33: Safety at pits, sumps, openings in floors etc.

 Sec. 35: Protection of eyes

 Sec. 36 & 36A: Precautions against dangerous fumes

 Sec. 37: Safety with handling explosive or inflammable gas etc.