5, 891 The Factories Act, 1948 69 2) Any order Issued by the In s cfiact for a period of three days epeetor under Sub-section (1) shall neve ipsequent order. \ fended by the Chief Inspector aio), and the Chiel Inspector nee of the Inspector under Sub- settee appeal to the High Court jer Sub-section (2), shall have the (Oe isoation ty employment has been affected by an order issue sal be the duty oe eee to wages and other benefits to him wherever possible and in the Tieniner prescribed ote | (5) The provisions of Sub-section (4) it ° shall be with: judi tng gts of the parties under the Industrial Disputes Incl, foar(ia of 4047). . 88. Notice of certain accidents - | : i 'S - ‘[(1)] Where in any f accident occurs cee causes death, or witch couse any boully injury by reason of which the person injured is prevented from working for aperiod offory-eia : jours or more immediately following the accident, or which isof suet altsond notice erect ed in this behalf, the manager of the al s reof to such authori i within such time, as may be peed ea ge jorities, and in such form and (2) Where a notice given under Sub-section (1) | acci a - relates to an accident causing death, the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the notice, or if such authority is not the Inspector, cause the Inspector to make an inquiry within the said period. (3) The State Government may make rules for regulating the procedure at inquiries under this section. CASE LAWS : According to General Clauses Act the ‘person includes plural also’ : AIR 1930 Lah.658 : 31 Cri.L.J. 869. For compliance to this Section the occupier is equally responsible as the Manager : AIR 1932 Pat.188. 2188-A. Notice of certain dangerous occurrences - Where ‘ina factory any dangerous occurrence of such nature as may be prescribed, occurs, whether causing any bodily injury or disability or not, the manager thereof to such authorities, and in such of the factory shall send notice form and within such time, as may be prescribed.] 89. Notice of certain diseases - (1) Where any worker ina factory contracts any disease specified in 3{the Third Schedule] the manager of. the facjary-shall send notice thereof to such authorities and in such form and within such time, as may be-Prescrl ed. 1. Original Sec.88 renumbered as ‘Sub-section (1) and Sub-section (2) inserted by Act No. 94 of 1976 (w.e-f.26.10. 1976). 2, Inserted by Act No. 94 of 1976 (w.e.f.26.10. 1976). 3. Substituted by Act No. 20 of 1987 Sec.27 (w.e.f.1.12.1987)| | | | | | | 70 The Factories Act, 1948 tg er attends on a person who is 9 cal practioner o is, or is believed by the meta Ys disease specified in ‘[the Third Sche, al lay send a report in writing to rl (2) If any medi been employed in a factor practitioner to be, suffering from any cises the medical practitioner shall without de office of the Chief Inspector stating - a (a) the name and full postal address, of the pa (b) the disease from which he believes the patient to be suffering and (c) the name and address of the fa or was last, employed. Sai 3) Where the report under Sub-section (2) is confirme: satisfaction of the Chief inspector, by the certificate of certifying surgeon oF otherwise, that the person is suffering from disease specified in ‘[the he Scheduled he shall pay to the medical practitioner such fee as may be prescribeg, and the fee so paid shall be recoverable as an arrear of land revenyg from the occupier of the factory in which the person contracted the disease, (4) If any medical practitioner fails to comply with the provisions of Sub-section (2), he shall be punishable with fine which may extend to ‘fone thousand rupees.] 2{(5) The Central Government may, by notification in the Official Gazette, add to or alter the Third Schedule and any such addition or alteration shall have effect as if it had been made by this Act.] 90. Power to direct inquiry into cases of accident or disease - (1) The State Government may, if it considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in ‘[the Third Schedule] has been, or is suspected to have been, contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. . (2) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of Section 176 of the Indian Penal Code (XLV of 1860). (3) The person holding an inquiry under this section shall make a report to the State Government stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and adding any observations which he or any of the assessors may think fit to make. (4) The State Government may, if it thinks fit, cause to be published any report made under this section or any extracts therefrom. tory in which the patient jg 1. Substituted by Act No. 20 of 1987, Sec.27 (w.e.f.1.12.1987) 2. Added ibid.oN <0 The Factories Act, 1948 (Sch), | ‘[THE THIRD SCHEDULE] | [See Sections 89 and 90] | List of Notifiable Diseases | (1) _ Lead poisonittg, including poisoning by any preparation or compoung of lead or their sequalae. et (2). Lead tetra-ethy! poisioning. ~~ uw (3) Phosphours poisoining or its sequelae. (4) Mercury poisoning or its sequelae. (5) Manganese poisoning or its sequelae.v~ (6) Arsenic poisoning or its sequelae WA (7) _Ppisoning by nitrous fumes. (8) cbrbon bisulphide poisoning. a , (9) Benzene poiséning, including poisoning by any of its homologues, their nitro or amido dervatives or its sequelae. (10) Chrome near or its sequelae. -7 (11): Anthrax. (12) Silicosis. ~<—__, (13) Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series. (14) Pathological manifestations due to - oe (a) radium or other radio-active substances. r (b) X-rays (15) primary epitheliomatous cancer of the skin. \~. (16) Toxic anaemia. va Cpe (17) Toxic jaundice due to poisonous substances ?[(18)Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base. (19) Byssionosis. ~—— (20). Asbestosis, Se (21) Occupational or contact dermatitis caused by direct contact with chemicals and paints. These are of two types, that is, . primary irritants and allergic sensitizers. ~~ (22) Noise induced hearing loss (expoure to high noise levels.)] 1 3[(23) Beriyllium poisoning. \~ 424. Carbon monoxide poisoning]. — 25. _ Coal miners’ pnoumoconiosis G dx _ 26. Phosgene poisoning. \-—~ . on 27. Occupational cancer. ~ * aN 28. Isocynates poisoning. \ 29. Toxic nephritis.) ~~ Qn w), 1. The existing Schedule re-numbered as the Third Sch by Act 20 of 1987, Sec. 46 (w.e.f. 1.12.1987), ene Weg:t: 26.10.1978) 84 2. : Inserted by.Act 94 of 1976, Sec. 45 (w.e.f. 26.10.1976) 3. _ Inserted by Act 20 of 1987, Sec.46 (w.e.f. 1.12.1987) 4. Substituted by S.0. 343,(E), dated 19th April, 2001 (w.e.f. 19.4 2001). Qaq