SECTION-2

Occupier of a factory- means the person, who has ultimate control over
the affairs of the factory, occupier" of a factory means the person, who has
ultimate control over the affairs of the factory,
Provided that-
(i) 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;
(ii) in the case of a company, any one of the directors, shall be deemed to
be the occupier:
(iii) 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 :
 SECTION-2
 The owner of the dock shall be deemed to be the occupier
for the purposes of any matter provided for by or under-
 (a) section 6, section 7, section 7A, section 7B, section 11
or section 12;
 (b) section 17, in so far as it relates to the providing and
maintenance of sufficient and suitable lighting in or
around the dock;
 (e) section 18, section 19, section 42, section 46, section
47 or section 49, in relation to the workers employed on
such repair or maintenance;
 SECTION-2
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 section 13, section 14, section 16 or section 17
(save as otherwise provided in this proviso) or Chapter IV (except section
27) or section 43, section 44 or section 45, Chapter VI, Chapter VII,
Chapter VIII or Chapter IX or section 108, section 109 or section 110, in
relation to-

(a) The workers employed directly by him or by or through any agency;

and

(b) 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 ;
 SECTION-2
 Prescribed- means prescribed by rules made by the
State Government under this Act

 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
"Group" or "Relay" and each of such periods is called
a "Shift".
 Section 3
Reference to time of day

In this Act references to time of day are references to

Indian Standard Time being five and a half hours, ahead of
Greenwich Mean Time:
• Provided that for any area in which Indian Standard Time is
not ordinarily observed the State Government may make
rules-
(a) specifying the area,
(b)defining the local mean time ordinarily observed
therein, and
(c) permitting such time to be observed in all or any of the
factories situated in the area.
 Section 4
 Power to declare different departments to be separate factories
or two or more factories to be a single factory.
• The State Government may, on its own or on an application made
in this behalf by an occupier, direct by an order in writing and
subject to such conditions as it may deem fit, that for all or any of
the purposes of this Act different departments or branches of a
factory of the occupier specified in the application shall be treated
as separate factories or that two or more factories of the occupier
specified in the application shall be treated as a single factory.
• Provided that no order under this section shall be made by the
State Government on its own motion unless an opportunity of
being heard is given to the occupier.
 Section 5
 Power to exempt during public emergency.
• In any case of a public emergency the State Government may, by
notification in the Official Gazette, exempt any factory or class or
description of factories from all or any of the provisions of this
Act except section 67 for such period and subject to such
conditions as it may think fit
• Provided that no such notification shall be made for a period
exceeding three months at a time.
• Ex- 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.
 Section 6
Approval, licensing and registration of factories.

The State Government may make rules

 Requiring for the purposes of this Act, the submission of plans of any class or
description of factories to the Chief Inspector or the State Government
 Requiring the previous permission in writing of the State Government or the Chief
Inspector to be obtained for the site on which the factory is to be situated and for
the construction or extension of any factory or class or description of factories
 Requiring for the purpose of considering applications for such permission the
submission of plans and specifications
 Prescribing the nature of such plans and specifications and by whom they shall be
certified
 Requiring the registration and licensing of factories, or any class or description of
factories, and prescribing the fees payable for such registration and licensing and
for the renewal of licences
 Requiring that no licence shall be granted or renewed unless the notice specified in
section 7 has been given
 Section 6 (-cont)
(2) If on an application for permission referred to in clause (aa) of sub-
section (1) accompanied by the plans and specifications required by the
rules made under clause (b) of that sub-section, sent to the State
Government or Chief Inspector by registered post, no order is
communicated to the applicant within 3 months from the date on which it
is so sent, the permission applied for in the said application shall be
deemed to have been granted.

(3) Where a State Government or a Chief Inspector refuses to grant

permission to the site, construction or extension of a factory or to the
registration and licensing of a factory, the applicant may within 30 days
from the date of such refusal, appeal to the Central Government if the
decision appealed for was of the State Government, and to the State
Government in any other case.
 Section 7
Notice by occupier.
(1) The occupier shall, at least 15 days before he begins to occupy or, use any
premises as a factory, send to the Chief Inspector a written notice containing-
(a) the name and situation of the factory;
(b) the name and address of the occupier;
(bb) the name and address of the owner of the premises or building
(including the precincts thereof ) referred to in section 93;
(c) the address in which communication relating to the factory may be sent;
(d) the nature of the manufacturing process-
(i) carried on in the factory during the last twelve months in the case of factories in
existence on the date of the commencement of this Act, and
(ii) to be carried on in the factory during the next twelve months in the case of all
factories
(e) the total rated horse power installed or to be installed in the factory,
which shall not include the rated horse power of any separate standby plant.
 Section 7 (-cont)
(f) The name of the manager of the factory for the purposes of this
Act;
(g) The number of workers likely to be employed in the factory,
(h) The average number of workers per day employed during the
last twelve months in the case of a factory in existence on the date
of the commencement of this Act,
(i) Such other particulars as may be prescribed.

(2) In respect of all establishments, which come within the scope of

the Act for the first time the occupier shall send a written notice to
the Chief Inspector containing the particulars specified in sub-
section (1) within 30 days from the date of the commencement of
this Act.
 Section 7 (-cont)
(3) Before a factory engaged in a manufacturing process which is ordinarily
carried out for less than one hundred and eighty working days in the year,
resumes working, the occupier shall send a written notice to the Chief Inspector
containing the particulars specified in sub-section (1) that least thirty days before
the date of the commencement of work.

(4) Whenever a new manager is appointed, the occupies shall send to the
Inspector a written notice and to the Chief Inspector a copy thereof within seven
days from the date on which such person takes over charge.

(5) During a period for which no person has been designated as manager of a
factory or during which the person designated does not manage the factory, any
person found acting as manager, or if no such person is found, the occupier
himself, shall be deemed to be the manager of the factory for the purposes of this
Act.
 7(A)General duties of the occupier.
(1) 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) Without prejudice to the generality of the provisions of sub-section (1), the
matters to which such duty extends, shall include-

(a) the provision and maintenance of plant and systems of work in the factory that
are safe and without risks to health;
(b) 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;
(c) the provision of such information, instruction, training and supervisions as are
necessary to ensure the health and safety of all workers at work;
(d) 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 place as are safe and without such risks;
(e) 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.
 Section 7(A)
(3) 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 organisation 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.
 Section 7(B)
General duties of manufacturers, etc., as regards articles and sub-
stances for use in factories.
(1) Every person who designs, manufactures, imports or supplies any article for
use in any factory shall-
(a) Ensure, so far as is reasonably practicable, that the article is so designed
and constructed as to be safe and without risks to the health of the workers
when properly used;
(b) Carry out or arrange for tile carrying out of such tests and examination as
may be considered necessary for the effective implementation of the
provisions of clause (a);
(c) Take such steps as may be necessary to ensure that adequate information
will be available-
(i) In connection with the use of the article in any factory;
(ii) About the use for which it is designed and tested; and
(iii) About any conditions necessary to ensure that the article, when put to such use, will
be safe, and without risks to the health of the workers:
Provided that where an article is designed or manufactured outside India, it shall
be obligatory on the part of the importer to see-
(a) That the article conforms to the same standards if such article is
manufactured in India, or
(b) If the standards adopted in the country outside for the manufacture of such
article is above the standards adopted in India, that the article conforms to
such standards
(2) Every person, who undertakes to design or manufacture any article for use in
any factory, may carry out or arrange for the carrying out of necessary research
with a view to the discovery and, so far as is reasonably practicable, the
elimination or minimisation of any risks to the health or safety of the workers
to which the design or article may give rise.
(3) Nothing contained in sub-sections (1) and (2) shall be construed to require a
person to repeat the testing examination or research which has been carried
out otherwise than by him or at his instance on so far as it is reasonable for
him to rely on the results thereof for the purposes of the said sub-sections.
(4) And duty imposed on any person by sub-sections (1) and (2) shall extend only
to things done in the course of business carried on by him and to matters
within his control.
 Section 7(B) (-cont)
(5) Where a person designs, manufactures, imports or supplies an article
on the basis of a written undertaking by the user of such article to take
the steps specified in such undertaking to ensure, so far as is reasonably
practicable, that the article will be. safe and without risks to the health
of the workers when properly used, the undertaking shall have the effect
of relieving the person designing, manufacturing, importing or supplying
the article from the duty imposed by clause (a) of sub-section (1) to such
extent as is reasonably having regard to the terms of the undertaking.

(6) For the purposes of this section, an article is not to be regarded as

properly used if it is used without regard to any information or advice
relating to its use which as been made available by the person who has
designed, manufactured, imported or supplied the article.
 Section 8
Inspectors
(1)
The State Government may, by notification in the Official Gazette, appoint such persons as
possessing the prescribed qualification to be Inspectors for the purposes of this Act and
may assign to them such local limits as it may think fit.

(2) The State Government may, by notification in the Official Gazette, appoint any person to
be a Chief Inspector who shall, in addition to powers conferred on Chief Inspector under
this Act, exercise the powers of an Inspector throughout the State.

(2A) The State Government may, by notification in the Official Gazette, appoint as many
Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as
many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the
powers of the Chief Inspector as may be specified in such notification.
(2B) Every additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and
every other officer appointment under sub-section (2A) shall, in addition to the powers of
a Chief Inspector specified in the notification by which he is appointed, exercise the power
of an Inspector throughout the State.
 Section 8
(3) No person shall be appointed under sub-section (1), sub-section (2), sub-section
(2A) or sub-section (5), or having been so appointed, shall continue to hold office,
who is or becomes directly or indirectly interested in a factory or in any process or
business carried on therein or in any patent or machinery connected therewith.
(4) Every District Magistrate shall be an Inspector for his district.
(5) The State Government may also, by notification as aforesaid, appoint such public
officers as it thinks fit to be additional Inspectors for all or any of the purposes of
this Act, within such local limits as it may assign to them respectively.
(6) In any area where there are more Inspectors than one the State Government
may, by notification as aforesaid, declare the powers which such Inspectors shall
respectively exercise and the Inspector to whom the prescribed notices are to be
sent.
(7) Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy
Chief Inspector, Inspector and every other officer appointed under this section,
shall be deemed to be a public servant within the meaning of the Indian Penal Code
(XLV of 1860), and shall be officially subordinate to such authority as the State
Government may specify in this behalf.
 Section 9
Powers of Inspectors
(a) enter with such assistants, being persons in the service of the Government,
or any local or other public authority or with an expert, as he thinks fit, any place
which is used, or which he has reason to believe, is used as a factory;
(b) make examination of the premises, plant, machinery, article or substance;
(c) inquire into any accident or dangerous occurrence, whether resulting in
bodily injury, disability or not, and take on the spot or otherwise statements of
any person which he may consider necessary for such inquiry;
(d) require the production of any prescribed register or any other document
relating to the factory;
(e) seize, or take copies of, any register, record or other document or any portion
thereof, as he may consider necessary in respect of any offence under this Act,
which he has reason to believe, has been committed;
 Section 9
• (f) direct the occupier that any premises or any part thereof, or anything lying
therein, shall be left undisturbed (whether generally or in particular respects)
for so long as is necessary for the purpose of any examination under clause (b);
• (g) take measurements and photographs and make such recordings as he
considers necessary for the purpose of any examination under clause (b),
taking with him any necessary instrument or equipment;
• (h) in case of any article of substance found in any premises, being an article or
substance which appears to him as having caused or is likely to cause danger to
the health or safety of the workers, direct it to be dismantled or subject it to
any process or test (but not so as to damage or destroy it unless the same is, in
the circumstances necessary, for carrying out the purposes of this Act), and
take possession of any such article or substance or a part thereof, and detain it
for so long as is necessary for such examination;
• (i) exercise such other powers as may be prescribed.
 Section 10
• The State Government may appoint qualified medical practitioners to be
certifying surgeons for the purposes of this Act within such local limits or for
such factory or class or description of factories as it may assign to them
respectively.
• (2) A certifying surgeon may, with the approval of the State Government,
authorise any qualified medical practitioner to exercise any of his powers
under this Act for such period as the certifying surgeon may specify and
subject to such conditions as the State Government may think fit to impose,
and references in this Act to a certifying surgeon shall be deemed to include
references to any qualified medical practitioner when so authorised.
• (3) No person shall be appointed to be, or authorised to exercise the powers
of, a certifying surgeon, or having been so appointed or authorised, continue
to exercise such powers, who is or becomes the occupier of a factory or is or
becomes directly or indirectly interested therein or in any process or business
carried on therein or in any patent or machinery connected therewith or is
otherwise in the employ of the factory:
• (4) The duty of certifying surgeon:
• (a) the examination and certification of young persons under this Act;
• (b) the examination of persons engaged in factories in such dangerous
Occupations or processes as may be prescribed;
• (c) the exercising of such medical supervisions as may be prescribed for any
factory or class or description of factories where-
– (i) cases of illness have occurred, which it is reasonable to believe are due to the
nature of the manufacturing process carried on, or other conditions of work
prevailing, therein;
– (ii) by reason of any change in the manufacturing process carried on or in the
substances used therein or by reason of the adoption of any new manufacturing
process, or of any new substance for use in a manufacturing process, there is a
likelihood of injury to the health of workers employed in that manufacturing process;
– (iii) young persons are, or are about to be, employed in any work which is likely to
cause injury to their health.
 Section 11
 Cleanliness
(1) Every factory shall be kept clean and free from effluvial arising from
any drain, privy or other nuisance, and in particular
(a) accumulation of dirt and refuse shall be removed daily by sweeping or
by any other effective method from the floors and benches of workrooms
and from staircases and passages and disposed of in a suitable manner.

(b) the floor of every workroom shall be cleaned at least once in every
week by washing, using disinfectant where necessary, or by some other
effective method.

(c) where a floor is liable to become wet in the course of any

manufacturing process to such extent as is capable of being drained,
effective means of drainage shall be provided as maintained
 Section 11
(d) all inside walls and partitions, all ceilings or tops of rooms and all walls, sides
and tops of passages and staircases shall-

(i) where they are painted otherwise than with washable water paint or
varnished, be repainted or revarnished at least once in every period of 5 yrs

(i-a) where they are painted with washable water paint, be repainted with at
least one coat of such paint at least once in every period of 3 years and washed
at least once in every period of 6 months

(ii) where they are painted or varnished or where they have smooth
impervious surfaces, be cleaned at least one in every period of fourteen
months by such methods as may be prescribed.

(iii) in any other case, be kept whitewashed, or colour washed, and the
whitewashing or colour washing shall be carried out at least once in every
period of fourteen months;
 Section 11
• (dd) All doors and window-frames and other wooden or metallic framework
and shutters shall be kept painted or varnished and the painting or varnishing
shall be carried out at least once in every period of five years

• (e) The dates on which the processes required by clause (d) are carried out
shall be entered in the prescribed register.

• (2) If, in view of the nature of the operations carried on in a factory or class or
description of factories or any part of a factory or class or description of
factories, it is not possible for the occupier to comply with all or any of the
provisions of sub-section (1), the State Government may by order exempt such
factory or class or description of factories or part from any of the provisions of
that sub-section and specify alternative methods for keeping the factory in a
clean state.
 Section 12
 Disposal of wastes and effluents.
(1) Effective arrangements shall be made in every factory
for the treatment of wastes and effluents due to the
manufacturing process carried on therein, so as to render
them innocuous, and for their disposal.

(2) The State Government may make rules prescribing the

arrangements to be made under sub-section (1) or
requiring that the arrangements made in accordance with
sub-section (1) shall be approved by such authority as may
be prescribed.
 Section 13
• Ventilation and temperature.

(1) Effect and suitable provisions shall be made in every factory for securing and
maintaining in every workroom
(a) adequate ventilation by the circulation of fresh air, and
(b) such a temperature as will secure to workers therein reasonable
conditions of comfort and prevent injury to health; and in particular

(2) The State Government may prescribe a standard of adequate ventilation and
reasonable temperature for any factory or class or description of factories or
parts there of and direct that proper measuring instruments, at such places and in
such position as may be specified, shall be provided and such records, as may be
prescribed, shall be maintained.

(3) If it appears to the Chief Inspector that excessively high temperature in any
factory can be reduced by the adoption of suitable measures, he may, without
prejudice to the rules made under sub-section (2), serve on the occupier, an order
in writing specifying the measures which, in his opinion should be adopted, and
requiring them to be carried out before a specified date.
 Section 14
Dust and fume

(1) In every factory in which, by reason of the manufacturing process carried on, there
is given off any dust or fume or other impurity of such a nature and to such an extent as
is likely to be injurious or offensive to the workers employed therein, or any dust in
substantial quantities, effective measures shall be taken to prevent its inhalation and
accumulation in any workroom, and if any exhaust appliance is necessary for this
purpose, it shall be applied as near as possible to the point of origin of the dust, fume
or other impurity, and such point shall be enclosed so far as possible.

(2) In any factory no stationary internal combustion engine shall be operated unless
the exhaust is conducted into the open air, and no other internal combustion engine
shall be operated in any room unless effective measures have been taken to prevent
such accumulation of fumes there from as are likely to be injurious to workers
employed in the room.
 Section 15
Artificial humidification

(1) In respect of all factories in which the humidity of the air is artificially increased, the State
Government may make rules,-
(a) prescribing standards of humidification;
(b) regulating the methods used for artificially increasing the humidity of the air;
(c) directing prescribed tests for determining the humidity of the air to be correctly carried out
and recorded;
(d) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in
the workrooms.

(2) In any factory in which the humidity of the air is artificially increased, the water used for the
purpose shall be taken from a public supply, or other source of drinking water, or shall he effectively
purified before it is so used.
(3) If it appears to an Inspector that the water used in a factory for increasing humidity which is
required to be effectively purified under sub-section (2) is not effectively purified he may serve on
the manager of the factory an order in writing, specifying the measures which in his opinion should
be adopted, and requiring them to be carried out before specified date.