THE FACTORIES ACT, 1948?

PREAMBLE

What is the subject matter of the Factories Act, 1948?

An Act to consolidate and amend the law regulating labour in factories.

What is the long title of the Factories Act, 1948?

An Act to consolidate and amend the law regulating labour in factories.

What is the purpose stated in the Preamble of the Factories Act, 1948?

To consolidate and amend the law regulating labour in factories.

CHAPTER-I

PRELIMINARY

What is the subject matter of Section 1?

Short title, extent and commencement.

What is the short title of the Act?

The Factories Act, 1948.

To what extent does the Factories Act, 1948 extend?

It extends to the whole of India.

When did the Factories Act, 1948 come into force?

On 1st April, 1949.

What is the subject matter of Section 2?

Interpretation.

Who is an "adult" under Section 2(a)?

A person who has completed eighteen years of age.

Who is an "adolescent" under Section 2(b)?

A person who has completed fifteen years but has not completed eighteen years of age.

What is a "calendar year" under Section 2(bb)?

The period of twelve months beginning with the first day of January.

Who is a "child" under Section 2(c)?

A person who has not completed fifteen years of age.

What is a "competent person" under Section 2(ca)?

A person or institution recognised by the Chief Inspector for carrying out tests, examinations and inspections under the Act.

Who recognises a competent person under Section 2(ca)?

The Chief Inspector.

On what basis is a competent person recognised under Section 2(ca)?

Qualifications, experience and available facilities.

Can more than one person or institution be recognised as a competent person under Section 2(ca)?

Yes.

What is a "hazardous process" under Section 2(cb)?

A process or activity relating to an industry in the First Schedule where, unless special care is taken, materials, products, by-products, wastes or effluents may impair health or pollute the environment.

Who may amend the First Schedule under the proviso to Section 2(cb)?

The State Government by notification in the Official Gazette.

Who is a "young person" under Section 2(d)?

A child or an adolescent.

What is a "day" under Section 2(e)?

A period of twenty-four hours beginning at midnight.

What is a "week" under Section 2(f)?

A period of seven days beginning at midnight on Saturday night or such other night approved by the Chief Inspector.

What is "power" under Section 2(g)?

Electrical energy or any other mechanically transmitted energy not generated by human or animal agency.

What is a "prime mover" under Section 2(h)?

Any engine, motor or other appliance that generates or provides power.

What is "transmission machinery" under Section 2(i)?

Any shaft, wheel, drum, pulley, coupling, clutch, driving belt or similar appliance transmitting or receiving motion from a prime mover.

What does "machinery" include under Section 2(j)?

Prime movers, transmission machinery and all appliances for generating, transforming, transmitting or applying power.

What is "manufacturing process" under Section 2(k)?

Any process specified in clauses (i) to (vi).

What activities are covered under Section 2(k)(i)?

Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing or otherwise treating or adapting any article or substance for use, sale, transport, delivery or disposal.

What activity is covered under Section 2(k)(ii)?

Pumping oil, water, sewage or any other substance.

What activity is covered under Section 2(k)(iii)?

Generating, transforming or transmitting power.

What printing activities are covered under Section 2(k)(iv)?

Composing types, printing by letterpress, lithography, photogravure or similar process, and book binding.

What activity is covered under Section 2(k)(v)?

Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels.

What activity is covered under Section 2(k)(vi)?

Preserving or storing any article in cold storage.

What is a "worker" under Section 2(l)?

A person employed directly or through any agency (including a contractor), with or without the knowledge of the principal employer, whether for remuneration or not, in or in connection with a manufacturing process.

Does the definition of "worker" include persons employed through a contractor under Section 2(l)?

Yes.

Does the definition of "worker" include persons employed without remuneration under Section 2(l)?

Yes.

Does the definition of "worker" include persons employed without the knowledge of the principal employer under Section 2(l)?

Yes.

What categories of work are covered under the definition of "worker" in Section 2(l)?

Manufacturing process, cleaning machinery or premises, and work incidental or connected with the manufacturing process.

Who is excluded from the definition of "worker" under Section 2(l)?

Members of the armed forces of the Union.

What is a "factory" under Section 2(m)?

Premises satisfying the prescribed worker threshold where a manufacturing process is carried on.

When is premises a factory under Section 2(m)(i)?

Where ten or more workers are or were employed in the preceding twelve months and manufacturing is carried on with the aid of power.

When is premises a factory under Section 2(m)(ii)?

Where twenty or more workers are or were employed in the preceding twelve months and manufacturing is carried on without the aid of power.

Which establishments are excluded from the definition of "factory" under Section 2(m)?

Mines, mobile units of the armed forces, railway running sheds, hotels, restaurants and eating places.

How are workers counted for determining a factory under Explanation I to Section 2(m)?

All workers in different groups and relays in a day are taken into account.

Does installation of an Electronic Data Processing Unit or Computer Unit alone make premises a factory under Explanation II to Section 2(m)?

No, unless a manufacturing process is carried on.

Who is an "occupier" under Section 2(n)?

The person having ultimate control over the affairs of the factory.

Who is deemed to be the occupier in the case of a firm under Section 2(n)?

Any one of the individual partners or members.

Who is deemed to be the occupier in the case of a company under Section 2(n)?

Any one of the directors.

Who is deemed to be the occupier in the case of a Government or local authority factory under Section 2(n)?

The person appointed to manage the affairs of the factory.

Who is deemed to be the occupier of a dry dock for matters under Section 2(n) first proviso?

The owner of the dock.

For which provisions is the owner of the dock deemed to be the occupier under the first proviso to Section 2(n)?

Sections 6, 7, 7A, 7B, 11, 12, specified part of Section 17, and Sections 18, 19, 42, 46, 47 and 49.

Who is deemed to be the occupier for repair or maintenance work on a ship under the second part of the proviso to Section 2(n)?

The owner of the ship, his agent, master, officer-in-charge or contractor.

In relation to whom is the ship owner or contractor deemed to be the occupier under the proviso to Section 2(n)?

Workers employed by him and the machinery, plant or premises used for repair or maintenance.

What does "prescribed" mean under Section 2(p)?

Prescribed by rules made by the State Government under the Act.

What is a "group" or "relay" under Section 2(r)?

Each set of workers doing the same kind of work during different periods of the day.

What is a "shift" under Section 2(r)?

Each period during which a group or relay works.

What is the subject matter of Section 3?

Reference to time of day.

References to time of day under the Act refer to which time?

Indian Standard Time.

How far ahead of Greenwich Mean Time is Indian Standard Time under the Act?

Five and a half hours.

What may the State Government do for an area where Indian Standard Time is not ordinarily observed?

Make rules specifying the area, defining the local mean time ordinarily observed therein, and permitting such time to be observed in all or any factories situated in the area.

What is the subject matter of Section 4?

Power to declare different departments to be separate factories or two or more factories to be a single factory.

Who may initiate action under Section 4?

The State Government on its own or on an application by an occupier.

Who may pass an order under Section 4?

The State Government.

In what form shall an order under Section 4 be made?

By an order in writing.

To what may an order under Section 4 be subject?

Such conditions as the State Government may deem fit.

What may the State Government direct regarding different departments or branches of a factory?

They may be treated as separate factories for all or any purposes of the Act.

What may the State Government direct regarding two or more factories of the same occupier?

They may be treated as a single factory for all or any purposes of the Act.

What is the proviso to Section 4 regarding action by the State Government on its own motion?

No order shall be made unless the occupier is given an opportunity of being heard.

What is the subject matter of Section 5?

Power to exempt during public emergency.

When may the State Government exercise the power under Section 5?

In any case of public emergency.

How shall the State Government grant exemption under Section 5?

By notification in the Official Gazette.

Who may be exempted under Section 5?

Any factory or class or description of factories.

From what may exemption be granted under Section 5?

From all or any provisions of the Act except section 67.

For what period and subject to what conditions may exemption be granted under Section 5?

For such period and subject to such conditions as the State Government may think fit.

What is the maximum period for which a notification under Section 5 may be issued at a time?

Three months.

What does "public emergency" mean under Section 5?

A grave emergency whereby the security of India or any part of its territory is threatened by war, external aggression or internal disturbance.

What is the subject matter of Section 6?

Approval, licensing and registration of factories.

Who may make rules under Section 6?

The State Government.

What may the State Government require for the purposes of the Act under Section 6?

Submission of plans of any class or description of factories to the Chief Inspector or the State Government.

What previous permission may be required under Section 6?

Previous permission in writing of the State Government or the Chief Inspector for the site of a factory and for the construction or extension of any factory or class or description of factories.

What may the State Government require for considering applications for permission under Section 6?

Submission of plans and specifications.

What may the State Government prescribe regarding plans and specifications under Section 6?

Their nature and the person by whom they shall be certified.

What may the State Government require regarding factories under Section 6?

Registration and licensing of factories or any class or description of factories.

What may the State Government prescribe regarding registration and licensing under Section 6?

Fees payable for registration, licensing and renewal of licences.

What condition may be prescribed before grant or renewal of a factory licence under Section 6?

The notice specified in Section 7 must have been given.

When shall permission under Section 6(2) be deemed to have been granted?

When no order is communicated within three months of sending the application with required plans and specifications by registered post to the State Government or Chief Inspector.

Within what period must an order on an application for permission under Section 6(2) be communicated to avoid deemed permission?

Within three months from the date the application is sent by registered post.

To whom may an appeal be preferred against refusal by the State Government under Section 6(3)?

The Central Government.

To whom may an appeal be preferred against refusal by the Chief Inspector under Section 6(3)?

The State Government.

Within what time may an appeal under Section 6(3) be filed?

Within thirty days from the date of refusal.

When shall a factory not be deemed to be extended under the Explanation to Section 6?

Merely because of replacement of any plant or machinery or, within prescribed limits, addition of any plant or machinery.

What condition must replacement or addition of plant or machinery satisfy to avoid being treated as extension under Section 6?

It must not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect environmental conditions due to the evolution or emission of steam, heat, dust or fumes injurious to health.

What is the subject matter of Section 7?

Notice by occupier.

Who shall give notice under Section 7(1)?

The occupier.

To whom shall the notice under Section 7(1) be sent?

The Chief Inspector.

When shall the occupier send the notice under Section 7(1)?

At least fifteen days before beginning to occupy or use any premises as a factory.

What particulars regarding the factory shall be included in the notice under Section 7(1)?

The name and situation of the factory.

What particulars regarding the occupier shall be included in the notice under Section 7(1)?

The name and address of the occupier.

What particulars regarding the owner shall be included in the notice under Section 7(1)?

The name and address of the owner of the premises or building, including the precincts thereof, referred to in Section 93.

What communication detail shall be included in the notice under Section 7(1)?

The address to which communications relating to the factory may be sent.

What particulars regarding the manufacturing process shall be included for factories existing on the commencement of the Act?

The manufacturing process carried on during the last twelve months.

What particulars regarding the manufacturing process shall be included for all factories?

The manufacturing process to be carried on during the next twelve months.

What power-related particular shall be included in the notice under Section 7(1)?

The total rated horse power installed or to be installed, excluding the rated horse power of any separate stand-by plant.

What managerial particular shall be included in the notice under Section 7(1)?

The name of the manager of the factory for the purposes of the Act.

What worker-related particular shall be included in the notice under Section 7(1)?

The number of workers likely to be employed in the factory.

What average employment detail shall be included for factories existing on the commencement of the Act?

The average number of workers per day employed during the last twelve months.

What additional particulars may be required in the notice under Section 7(1)?

Such other particulars as may be prescribed.

When shall an occupier of an establishment coming within the scope of the Act for the first time send notice under Section 7(2)?

Within thirty days from the date of the commencement of the Act.

What shall the notice under Section 7(2) contain?

The particulars specified in sub-section (1).

When shall an occupier of a seasonal factory send notice before resuming work under Section 7(3)?

At least thirty days before the date of commencement of work.

To which factories does Section 7(3) apply?

Factories engaged in a manufacturing process ordinarily carried on for less than one hundred and eighty working days in a year.

What shall the notice under Section 7(3) contain?

The particulars specified in sub-section (1).

What shall the occupier do on appointment of a new manager under Section 7(4)?

Send a written notice to the Inspector and a copy thereof to the Chief Inspector.

Within what time shall notice of appointment of a new manager be sent under Section 7(4)?

Within seven days from the date the new manager takes over charge.

Who shall be deemed to be the manager during the absence of a designated manager under Section 7(5)?

The person found acting as manager or, if no such person is found, the occupier.

CHAPTER-II

THE INSPECTING STAFF

What is the subject matter of Section 7A?

General duties of the occupier.

What is the general duty of every occupier under Section 7A(1)?

To ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.

What duty does the occupier have regarding plant and systems of work under Section 7A(2)?

To provide and maintain plant and systems of work that are safe and without risks to health.

What duty does the occupier have regarding articles and substances under Section 7A(2)?

To make arrangements ensuring safety and absence of risks to health in their use, handling, storage and transport.

What duty does the occupier have regarding information, instruction, training and supervision under Section 7A(2)?

To provide such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work.

What duty does the occupier have regarding places of work under Section 7A(2)?

To maintain places of work in a condition that is safe and without risks to health and provide and maintain safe means of access to and egress from such places.

What duty does the occupier have regarding the working environment under Section 7A(2)?

To provide, maintain or monitor a working environment that is safe, without risks to health and adequate as regards facilities and arrangements for workers' welfare at work.

What policy statement shall every occupier prepare under Section 7A(3)?

A written statement of the general policy regarding the health and safety of workers and the organisation and arrangements for carrying out that policy.

When shall the written policy statement under Section 7A(3) be revised?

As often as may be appropriate.

What is the exception to the requirement of preparing a written policy statement under Section 7A(3)?

Cases as may be prescribed.

How shall the occupier communicate the policy statement and its revisions under Section 7A(3)?

By bringing them to the notice of all workers in the prescribed manner.

What is the subject matter of Section 7B?

General duties of manufacturers, etc., as regards articles and substances for use in factories.

To whom does Section 7B(1) apply?

Every person who designs, manufactures, imports or supplies any article for use in any factory.

What is the duty regarding design and construction of an article under Section 7B(1)(a)?

To ensure, so far as is reasonably practicable, that the article is designed and constructed to be safe and without risks to the health of workers when properly used.

What is the duty regarding testing and examination under Section 7B(1)(b)?

To carry out or arrange such tests and examinations as may be necessary for effective implementation of clause (a).

What information must be made available regarding an article under Section 7B(1)(c)?

Information relating to its use in a factory, the use for which it is designed and tested, and conditions necessary to ensure safe use without risks to workers' health.

What is the duty of an importer where an article is designed or manufactured outside India?

To ensure that the article conforms to the same standards as if manufactured in India.

What standard shall an imported article conform to if the foreign manufacturing standards are higher than Indian standards?

The higher foreign standards.

What research may a person designing or manufacturing an article undertake under Section 7B(2)?

Research to discover and, so far as is reasonably practicable, eliminate or minimise risks to the health or safety of workers arising from the design or article.

Is a person required to repeat testing, examination or research already carried out by another under Section 7B(3)?

No, if it is reasonable to rely on the results thereof.

To what do the duties under Sections 7B(1) and 7B(2) extend under Section 7B(4)?

Only to things done in the course of the person's business and to

What is the subject matter of Section 8?

Inspectors.

Who may appoint Inspectors under Section 8(1)?

The State Government.

How shall Inspectors be appointed under Section 8(1)?

By notification in the Official Gazette.

What qualification must a person possess to be appointed as an Inspector under Section 8(1)?

The prescribed qualification.

What may the State Government assign to Inspectors under Section 8(1)?

Such local limits as it may think fit.

Who may appoint the Chief Inspector under Section 8(2)?

The State Government.

How shall the Chief Inspector be appointed under Section 8(2)?

By notification in the Official Gazette.

What powers does the Chief Inspector exercise under Section 8(2)?

The powers conferred on a Chief Inspector under the Act and the powers of an Inspector throughout the State.

Who may appoint Additional Chief Inspectors, Joint Chief Inspectors, Deputy Chief Inspectors and other officers under Section 8(2A)?

The State Government.

How shall officers under Section 8(2A) be appointed?

By notification in the Official Gazette.

For what purpose are officers appointed under Section 8(2A)?

To assist the Chief Inspector and exercise such powers of the Chief Inspector as may be specified in the notification.

What powers do officers appointed under Section 8(2A) exercise under Section 8(2B)?

The specified powers of the Chief Inspector and the powers of an Inspector throughout the State.

Who is disqualified from appointment or continuance under Section 8?

A person who is or becomes directly or indirectly interested in a factory, any process or business carried on therein, or any patent or machinery connected therewith.

Who is an Inspector by virtue of office under Section 8(4)?

Every District Magistrate for his district.

Who may appoint additional Inspectors under Section 8(5)?

The State Government.

How shall additional Inspectors be appointed under Section 8(5)?

By notification in the Official Gazette.

Who may be appointed as additional Inspectors under Section 8(5)?

Such public officers as the State Government thinks fit.

For what purposes may additional Inspectors be appointed under Section 8(5)?

For all or any of the purposes of the Act.

What may the State Government assign to additional Inspectors under Section 8(5)?

Such local limits as it may assign to them.

What may the State Government declare where there is more than one Inspector in an area under Section 8(6)?

The powers each Inspector shall exercise and the Inspector to whom the prescribed notices shall be sent.

Who are deemed to be public servants under Section 8(7)?

Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under Section 8.

To whom are the officers appointed under Section 8 officially subordinate?

Such authority as the State Government may specify.matters within his control.

What is the subject matter of Section 9?

Powers of Inspectors.

Within what limits may an Inspector exercise powers under Section 9?

Within the local limits for which he is appointed, subject to the rules made in this behalf.

What power of entry does an Inspector have under Section 9(a)?

He may enter any place used or believed to be used as a factory.

Whom may an Inspector take while entering a factory under Section 9(a)?

Such assistants being persons in the service of the Government or any local or other public authority, or an expert, as he thinks fit.

What may an Inspector examine under Section 9(b)?

The premises, plant, machinery, article or substance.

What inquiries may an Inspector conduct under Section 9(c)?

Inquiries into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not.

What statements may an Inspector take under Section 9(c)?

Statements of any person considered necessary for the inquiry, taken on the spot or otherwise.

What documents may an Inspector require under Section 9(d)?

Any prescribed register or any other document relating to the factory.

What documents may an Inspector seize or copy under Section 9(e)?

Any register, record, other document or any portion thereof considered necessary in respect of an offence under the Act which he has reason to believe has been committed.

What direction may an Inspector issue regarding premises under Section 9(f)?

That any premises or part thereof, or anything lying therein, shall be left undisturbed for as long as necessary for examination.

What may an Inspector do for the purpose of examination under Section 9(g)?

Take measurements, photographs and recordings, using any necessary instrument or equipment.

What powers does an Inspector have regarding dangerous articles or substances under Section 9(h)?

He may direct them to be dismantled or subjected to any process or test, take possession of them or any part thereof, and detain them for as long as necessary for examination.

Can an Inspector damage or destroy an article or substance while testing it under Section 9(h)?

Only where such damage or destruction is necessary for carrying out the purposes of the Act.

What other powers may an Inspector exercise under Section 9(i)?

Such other powers as may be prescribed.

What is the subject matter of Section 10?

Certifying surgeons.

Who may appoint certifying surgeons under Section 10(1)?

The State Government.

Who may be appointed as a certifying surgeon under Section 10(1)?

Qualified medical practitioners.

For what area or factories may certifying surgeons be appointed?

Within such local limits or for such factory or class or description of factories as assigned by the State Government.

Who may a certifying surgeon authorise to exercise his powers under the Act?

Any qualified medical practitioner.

Whose approval is required for authorisation by a certifying surgeon under Section 10(2)?

The State Government.

For what period may a qualified medical practitioner be authorised under Section 10(2)?

For such period as the certifying surgeon may specify.

To what conditions is an authorisation under Section 10(2) subject?

Such conditions as the State Government may think fit to impose.

How are references to a certifying surgeon construed under Section 10(2)?

They include a qualified medical practitioner authorised under that sub-section.

Who is disqualified from being appointed or authorised as a certifying surgeon under Section 10(3)?

A person who is or becomes the occupier of a factory, is directly or indirectly interested therein or in any process, business or machinery connected therewith, or is otherwise in the employ of the factory.

Can the State Government exempt any person from the disqualifications under Section 10(3)?

Yes, by order in writing and subject to specified conditions in respect of any factory or class or description of factories.

What duty does a certifying surgeon perform regarding young persons under Section 10(4)?

Examination and certification of young persons under the Act.

What duty does a certifying surgeon perform regarding dangerous occupations or processes under Section 10(4)?

Examination of persons engaged in such dangerous occupations or processes as may be prescribed.

When shall a certifying surgeon exercise medical supervision under Section 10(4)?

Where prescribed in relation to any factory or class or description of factories.

When is medical supervision required because of illness under Section 10(4)(c)?

Where cases of illness have occurred reasonably believed to be due to the manufacturing process or other prevailing conditions of work.

When is medical supervision required because of changes in manufacturing process or substances under Section 10(4)(c)?

Where changes in the manufacturing process or substances used, or adoption of a new process or substance, are likely to cause injury to workers' health.

When is medical supervision required in relation to young persons under Section 10(4)(c)?

Where young persons are or are about to be employed in work likely to cause injury to their health.

Who is a qualified medical practitioner under the Explanation to Section 10?

A person holding a qualification granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916, or in the Schedules to the Indian Medical Council Act, 1933.

CHAPTER-III

HEALTH

What is the subject matter of Section 11?

Cleanliness.

What is the general duty regarding cleanliness under Section 11(1)?

Every factory shall be kept clean and free from effluvia arising from any drain, privy or other nuisance.

How often shall accumulation of dirt and refuse be removed under Section 11(1)(a)?

Daily.

How shall dirt and refuse be removed under Section 11(1)(a)?

By sweeping or any other effective method.

From where shall dirt and refuse be removed under Section 11(1)(a)?

From the floors and benches of workrooms and from staircases and passages.

How shall dirt and refuse be disposed of under Section 11(1)(a)?

In a suitable manner.

How often shall the floor of every workroom be cleaned under Section 11(1)(b)?

At least once every week.

How shall the floor of every workroom be cleaned under Section 11(1)(b)?

By washing, using disinfectant where necessary, or by some other effective method.

What shall be provided where a floor is liable to become wet under Section 11(1)(c)?

Effective means of drainage.

What is the repainting or re-varnishing period for surfaces painted otherwise than with washable water-paint or varnished under Section 11(1)(d)(i)?

At least once every five years.

How often shall surfaces painted with washable water-paint be repainted under Section 11(1)(d)(ia)?

At least one coat once every three years.

How often shall surfaces painted with washable water-paint be washed under Section 11(1)(d)(ia)?

At least once every six months.

How often shall painted, varnished or smooth impervious surfaces be cleaned under Section 11(1)(d)(ii)?

At least once every fourteen months.

How often shall surfaces required to be whitewashed or colourwashed be whitewashed or colourwashed under Section 11(1)(d)(iii)?

At least once every fourteen months.

How often shall doors, window frames and other wooden or metallic framework and shutters be painted or varnished under Section 11(1)(dd)?

At least once every five years.

Where shall the dates of the processes required under Section 11(1)(d) be entered?

In the prescribed register.

When may the State Government grant exemption from the requirements of Section 11(1)?

When, having regard to the nature of the operations carried on, compliance with all or any provisions is not possible.

Who may grant exemption under Section 11(2)?

The State Government.

What may the State Government exempt under Section 11(2)?

Any factory, class or description of factories, or part thereof.

What may the State Government specify while granting exemption under Section 11(2)?

Alternative methods for keeping the factory in a clean state.

What is the subject matter of Section 12?

Disposal of wastes and effluents.

What arrangements shall be made in every factory under Section 12(1)?

Effective arrangements for the treatment and disposal of wastes and effluents due to the manufacturing process.

For what purpose shall wastes and effluents be treated under Section 12(1)?

To render them innocuous.

Who may make rules under Section 12(2)?

The State Government.

What may the State Government prescribe under Section 12(2)?

The arrangements to be made for the treatment and disposal of wastes and effluents.

What may the State Government require regarding arrangements made under Section 12(1)?

That they be approved by such authority as may be prescribed.

What is the subject matter of Section 13?

Ventilation and temperature.

What provision shall be made in every factory under Section 13(1)?

Effective and suitable provision for securing and maintaining adequate ventilation and reasonable temperature in every workroom.

How shall adequate ventilation be secured under Section 13(1)?

By the circulation of fresh air.

What temperature shall be maintained in every workroom under Section 13(1)?

Such temperature as will secure reasonable conditions of comfort for workers and prevent injury to health.

How shall walls and roofs be designed under Section 13(1)(i)?

They shall be of such material and so designed that the temperature is kept as low as practicable.

What measures shall be taken where excessively high temperatures are produced under Section 13(1)(ii)?

Such adequate measures as are practicable to protect workers by separating the process, insulating the hot parts or by other effective means.

Who may prescribe standards of ventilation and temperature under Section 13(2)?

The State Government.

What standards may the State Government prescribe under Section 13(2)?

Standards of adequate ventilation and reasonable temperature for any factory, class or description of factories or parts thereof.

What may the State Government require regarding measuring instruments under Section 13(2)?

Proper measuring instruments shall be provided at such places and in such positions as may be specified.

What may the State Government require regarding records under Section 13(2)?

Such records as may be prescribed shall be maintained.

When may the Chief Inspector issue an order under Section 13(3)?

When it appears that excessively high temperatures in a factory can be reduced by suitable measures.

To whom may the Chief Inspector issue an order under Section 13(3)?

The occupier.

In what form shall an order under Section 13(3) be issued?

In writing.

What shall an order under Section 13(3) specify?

The measures which, in the opinion of the Chief Inspector, should be adopted and the date before which they shall be carried out.

What is the subject matter of Section 13?

Ventilation and temperature.

What provision shall be made in every factory under Section 13(1)?

Effective and suitable provision for securing and maintaining adequate ventilation and reasonable temperature in every workroom.

How shall adequate ventilation be secured under Section 13(1)?

By the circulation of fresh air.

What temperature shall be maintained in every workroom under Section 13(1)?

Such temperature as will secure reasonable conditions of comfort for workers and prevent injury to health.

How shall walls and roofs be designed under Section 13(1)(i)?

They shall be of such material and so designed that the temperature is kept as low as practicable.

What measures shall be taken where excessively high temperatures are produced under Section 13(1)(ii)?

Such adequate measures as are practicable to protect workers by separating the process, insulating the hot parts or by other effective means.

Who may prescribe standards of ventilation and temperature under Section 13(2)?

The State Government.

What standards may the State Government prescribe under Section 13(2)?

Standards of adequate ventilation and reasonable temperature for any factory, class or description of factories or parts thereof.

What may the State Government require regarding measuring instruments under Section 13(2)?

Proper measuring instruments shall be provided at such places and in such positions as may be specified.

What may the State Government require regarding records under Section 13(2)?

Such records as may be prescribed shall be maintained.

When may the Chief Inspector issue an order under Section 13(3)?

When it appears that excessively high temperatures in a factory can be reduced by suitable measures.

To whom may the Chief Inspector issue an order under Section 13(3)?

The occupier.

In what form shall an order under Section 13(3) be issued?

In writing.

What shall an order under Section 13(3) specify?

The measures which, in the opinion of the Chief Inspector, should be adopted and the date before which they shall be carried out.

What is the subject matter of Section 14?

Dust and fume.

When shall effective measures be taken under Section 14(1)?

Where the manufacturing process gives off dust, fume or other impurity likely to be injurious or offensive to workers, or dust in substantial quantities.

What is the purpose of the measures required under Section 14(1)?

To prevent the inhalation and accumulation of dust, fume or other impurity in any workroom.

Where shall an exhaust appliance be applied under Section 14(1)?

As near as possible to the point of origin of the dust, fume or other impurity.

What shall be enclosed under Section 14(1)?

The point of origin of the dust, fume or other impurity, so far as possible.

When may a stationary internal combustion engine be operated in a factory under Section 14(2)?

Only if its exhaust is conducted into the open air.

When may an internal combustion engine other than a stationary engine be operated in a room under Section 14(2)?

Only if effective measures have been taken to prevent accumulation of fumes likely to be injurious to workers employed in the room.

What is the subject matter of Section 15?

Artificial humidification.

Who may make rules under Section 15(1)?

The State Government.

What standards may the State Government prescribe under Section 15(1)(a)?

Standards of humidification.

What methods may the State Government regulate under Section 15(1)(b)?

Methods used for artificially increasing the humidity of the air.

What tests may the State Government prescribe under Section 15(1)(c)?

Tests for determining the humidity of the air to be correctly carried out and recorded.

What methods may the State Government prescribe under Section 15(1)(d)?

Methods for securing adequate ventilation and cooling of the air in workrooms.

What water shall be used for artificial humidification under Section 15(2)?

Water from a public supply, other source of drinking water, or water effectively purified before use.

When may an Inspector issue an order under Section 15(3)?

When water required to be effectively purified is not effectively purified.

To whom may an Inspector issue an order under Section 15(3)?

The manager of the factory.

In what form shall an order under Section 15(3) be issued?

In writing.

What shall an order under Section 15(3) specify?

The measures which, in the Inspector's opinion, should be adopted and the date before which they shall be carried out.

What is the subject matter of Section 16?

Overcrowding.

What is the general rule regarding overcrowding under Section 16(1)?

No room in a factory shall be overcrowded to an extent injurious to the health of the workers employed therein.

What is the minimum space required per worker in a factory existing on the commencement of the Act under Section 16(2)?

At least 9.9 cubic meters.

What is the minimum space required per worker in a factory built after the commencement of the Act under Section 16(2)?

At least 14.2 cubic meters.

What space shall be excluded while calculating the minimum space under Section 16(2)?

Any space more than 4.2 meters above the level of the floor of the room.

When may a notice specifying the maximum number of workers be required under Section 16(3)?

When the Chief Inspector so requires by order in writing.

What shall the notice under Section 16(3) specify?

The maximum number of workers who may be employed in the workroom in compliance with the section.

Who may exempt a workroom from Section 16 under Section 16(4)?

The Chief Inspector.

In what form shall exemption under Section 16(4) be granted?

By order in writing.

On what ground may exemption under Section 16(4) be granted?

If compliance is unnecessary in the interest of the health of the workers employed therein.

May exemption under Section 16(4) be subject to conditions?

Yes, such conditions as the Chief Inspector thinks fit to impose.

What is the subject matter of Section 17?

Lighting.

What lighting shall be provided under Section 17(1)?

Sufficient and suitable natural or artificial lighting, or both.

Where shall lighting be provided under Section 17(1)?

In every part of a factory where workers are working or passing.

What is the requirement regarding glazed windows and skylights under Section 17(2)?

They shall be kept clean on both the inner and outer surfaces and, so far as permitted by rules under Section 13(3), free from obstruction.

What shall be prevented regarding lighting under Section 17(3)(a)?

Glare, whether directly from a source of light or by reflection from a smooth or polished surface.

What shall be prevented regarding shadows under Section 17(3)(b)?

Formation of shadows causing eye-strain or risk of accident to any worker, so far as practicable.

What power does the State Government have under Section 17(4)?

To prescribe standards of sufficient and suitable lighting.

For what may standards of lighting be prescribed under Section 17(4)?

Factories, any class or description of factories, or any manufacturing process.

What is the subject matter of Section 18?

Drinking water.

What shall every factory provide under Section 18(1)?

Effective arrangements for a sufficient supply of wholesome drinking water at suitable and conveniently situated points for all workers.

How shall drinking water points be marked under Section 18(2)?

Legibly marked "Drinking Water" in a language understood by a majority of the workers.

What is the minimum distance between a drinking water point and a source of contamination under Section 18(2)?

Six meters.

From which places shall a drinking water point be at least six meters away under Section 18(2)?

Any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent, or any other source of contamination.

When may a drinking water point be situated within six meters of a source of contamination under Section 18(2)?

When a shorter distance is approved in writing by the Chief Inspector.

When shall cool drinking water be provided under Section 18(3)?

Where more than 250 workers are ordinarily employed in the factory.

When shall cool drinking water be provided under Section 18(3)?

During hot weather.

What additional requirement accompanies the provision of cool drinking water under Section 18(3)?

Effective means for its distribution.

Who may make rules under Section 18(4)?

The State Government.

For what purposes may rules be made under Section 18(4)?

To secure compliance with sub-sections (1), (2) and (3) and for examination by prescribed authorities of the supply and distribution of drinking water.

What is the subject matter of Section 19?

Latrines and urinals.

What accommodation shall every factory provide under Section 19(1)(a)?

Sufficient latrine and urinal accommodation of prescribed types conveniently situated and accessible to workers at all times while at the factory.

What separate accommodation is required under Section 19(1)(b)?

Separate enclosed accommodation for male and female workers.

What are the lighting and ventilation requirements for latrines and urinals under Section 19(1)(c)?

They shall be adequately lighted and ventilated.

When may a latrine or urinal communicate directly with a workroom under Section 19(1)(c)?

Only if specially exempted in writing by the Chief Inspector.

Through what shall a latrine or urinal ordinarily communicate with a workroom under Section 19(1)(c)?

Through an intervening open space or ventilated passage.

How shall latrine and urinal accommodation be maintained under Section 19(1)(d)?

In a clean and sanitary condition at all times.

Who shall be employed under Section 19(1)(e)?

Sweepers whose primary duty is to keep latrines, urinals and washing places clean.

To which factories does Section 19(2) apply?

Factories wherein more than 250 workers are ordinarily employed.

What type of latrine and urinal accommodation is required under Section 19(2)(a)?

Prescribed sanitary types.

How shall the floors and internal walls of latrines, urinals and sanitary blocks be finished under Section 19(2)(b)?

Laid in glazed tiles or otherwise finished to provide a smooth, polished and impervious surface.

Up to what height shall the internal walls be so finished under Section 19(2)(b)?

Ninety centimeters.

How often shall specified sanitary surfaces and pans be thoroughly washed and cleaned under Section 19(2)(c)?

At least once every seven days.

With what shall sanitary surfaces and pans be cleaned under Section 19(2)(c)?

Suitable detergents, disinfectants, or both.

Who may prescribe the number of latrines and urinals under Section 19(3)?

The State Government.

On what basis may the number of latrines and urinals be prescribed under Section 19(3)?

In proportion to the number of male and female workers ordinarily employed.

What further matters may the State Government provide for under Section 19(3)?

Matters relating to sanitation in factories, including the obligations of workers, in the interest of workers' health.

What is the subject matter of Section 20?

Spittoons.

What shall every factory provide under Section 20(1)?

A sufficient number of spittoons in convenient places.

How shall spittoons be maintained under Section 20(1)?

In a clean and hygienic condition.

Who may make rules under Section 20(2)?

The State Government.

What may the State Government prescribe regarding spittoons under Section 20(2)?

Their type, number and location in any factory.

What further matters may the State Government provide for under Section 20(2)?

Matters relating to the maintenance of spittoons in a clean and hygienic condition.

Where may a person spit within the premises of a factory under Section 20(3)?

Only in the spittoons provided for the purpose.

What notice shall be displayed under Section 20(3)?

A notice containing the prohibition against spitting elsewhere and the penalty for its violation.

Where shall the notice under Section 20(3) be displayed?

Prominently at suitable places in the factory premises.

What is the punishment for spitting in contravention of Section 20(3)?

Fine not exceeding five rupees.

CHAPTER-IV

SAFETY

What is the subject matter of Section 21?

Fencing of machinery.

What moving parts shall be securely fenced under Section 21(1)(i)?

Every moving part of a prime mover and every flywheel connected to a prime mover.

Does Section 21(1)(i) apply irrespective of the location of the prime mover or flywheel?

Yes, whether in the engine house or not.

What water-powered machinery shall be securely fenced under Section 21(1)(ii)?

The headrace and tailrace of every water-wheel and water turbine.

What part of a lathe shall be securely fenced under Section 21(1)(iii)?

Any part of a stock-bar projecting beyond the head stock of a lathe.

Which parts of an electric generator, motor or rotary converter shall be securely fenced under Section 21(1)(iv)?

Every part, unless it is in such position or of such construction as to be safe to every person employed as if securely fenced.

Which parts of transmission machinery shall be securely fenced under Section 21(1)(iv)?

Every part, unless it is in such position or of such construction as to be safe to every person employed as if securely fenced.

Which parts of other machinery shall be securely fenced under Section 21(1)(iv)?

Every dangerous part, unless it is in such position or of such construction as to be safe to every person employed as if securely fenced.

What shall be the nature of safeguards under Section 21(1)?

Safeguards of substantial construction.

How shall safeguards be maintained under Section 21(1)?

They shall be constantly maintained and kept in position while the machinery is in motion or in use.

What occasions shall be ignored while determining whether machinery is safe without fencing under the proviso to Section 21(1)?

Occasions when examination, lubrication or other adjusting operation necessarily has to be carried out while the machinery is in motion in accordance with Section 22(1).

What additional occasion shall be ignored in the case of prescribed continuous process transmission machinery under the proviso to Section 21(1)?

Occasions when examination, mounting or shipping of belts, lubrication or other adjusting operation has necessarily to be carried out while the machinery is in motion in accordance with Section 22(1).

Who may prescribe further precautions under Section 21(2)?

The State Government.

In respect of what may the State Government prescribe further precautions under Section 21(2)?

Any particular machinery or part thereof.

Who may exempt machinery from the provisions of Section 21?

The State Government.

On what condition may exemption under Section 21(2) be granted?

Subject to such conditions as may be prescribed for securing the safety of the workers.

What is the subject matter of Section 22?

Work on or near machinery in motion.

Who alone may examine machinery in motion or carry out permitted operations under Section 22(1)?

A specially trained adult male worker.

What clothing shall a worker wear while working on machinery in motion under Section 22(1)?

Tight-fitting clothing supplied by the occupier.

What record shall be maintained regarding a worker authorised under Section 22(1)?

His name shall be recorded in the prescribed register.

What document shall be furnished to a worker authorised under Section 22(1)?

A certificate of his appointment.

When may a worker handle a belt at a moving pulley under Section 22(1)?

Only while carrying out examination or permitted operations under Section 22(1) and subject to the prescribed conditions.

What is the maximum width of a belt that may be handled at a moving pulley under Section 22(1)(a)?

Fifteen centimeters.

For what type of pulley is belt handling permissible under Section 22(1)(a)?

A pulley normally used for the purpose of drive and not merely a fly-wheel or balance wheel.

What type of belt joint is permissible under Section 22(1)(a)?

A laced or flush joint.

What condition regarding the belt and pulley must be satisfied under Section 22(1)(a)?

The belt, including the joint, and the pulley rim shall be in good repair.

What clearance is required under Section 22(1)(a)?

Reasonable clearance between the pulley and any fixed plant or structure.

What support shall be provided to the operator under Section 22(1)(a)?

Secure foothold and, where necessary, secure handhold.

What is required where a ladder is used under Section 22(1)(a)?

It shall be securely fixed, lashed or firmly held by a second person.

What protection shall be provided for revolving parts under Section 22(1)(b)?

Every set screw, bolt and key on a revolving shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion, shall be securely fenced.

Who shall not clean, lubricate or adjust a prime mover or transmission machinery while it is in motion under Section 22(2)?

No woman or young person.

Who shall not clean, lubricate or adjust machinery where there is risk of injury from moving parts under Section 22(2)?

No woman or young person.

Who may prohibit cleaning, lubricating or adjusting machinery in motion under Section 22(3)?

The State Government.

How shall the prohibition under Section 22(3) be made?

By notification in the Official Gazette.

What may the State Government prohibit under Section 22(3)?

Cleaning, lubricating or adjusting specified parts of machinery while they are in motion in any specified factory or class or description of factories.

What is the subject matter of Section 23?

Employment of young persons on dangerous machines.

When may a young person work at a machine to which Section 23 applies?

Only after being fully instructed about the dangers connected with the machine and the precautions to be observed and after complying with the prescribed conditions.

What instruction must a young person receive before working on a dangerous machine under Section 23(1)?

Full instruction regarding the dangers arising in connection with the machine and the precautions to be observed.

What training requirement must a young person satisfy under Section 23(1)(a)?

He must have received sufficient training in work at the machine.

What is the alternative to training under Section 23(1)(b)?

He must work under adequate supervision of a person having thorough knowledge and experience of the machine.

To which machines does Section 23(1) apply?

Such machines as may be prescribed by the State Government.

On what basis may the State Government prescribe machines under Section 23(2)?

Machines which, in its opinion, are of such a dangerous character that young persons should not work on them unless the requirements of Section 23(1) are complied with.

What is the subject matter of Section 24?

Striking gear and devices for cutting off power.

What shall be provided for driving belts in every factory under Section 24(1)(a)?

Suitable striking gear or other efficient mechanical appliance.

How shall the striking gear or mechanical appliance be maintained under Section 24(1)(a)?

It shall be maintained and used for moving driving belts to and from fast and loose pulleys forming part of the transmission machinery.

How shall striking gear or mechanical appliances be constructed, placed and maintained under Section 24(1)(a)?

So as to prevent the belt from creeping back on the fast pulley.

How shall driving belts not in use be kept under Section 24(1)(b)?

They shall not be allowed to rest or ride upon shafting in motion.

What emergency power-cutting devices shall be provided under Section 24(2)?

Suitable devices for cutting off power from running machinery in every workroom.

What is the proviso to Section 24(2) regarding factories existing before the commencement of the Act?

The requirement applies only to workrooms in which electricity is used as power.

What precaution is required where a power-cutting device can inadvertently shift from "off" to "on" under Section 24(3)?

Arrangements shall be provided for locking the device in a safe position.

What is the purpose of locking the power-cutting device under Section 24(3)?

To prevent accidental starting of the transmission machinery or other machines to which the device is fitted.

What is the subject matter of Section 25?

Self-acting machines.

Within what distance from a fixed structure shall the traversing part of a self-acting machine not run under Section 25?

Within forty-five centimeters.

When does the restriction under Section 25 apply?

Where the space over which the machine runs is liable to be passed by any person, whether in the course of employment or otherwise.

What else is prohibited from running within forty-five centimeters under Section 25?

Material carried on the traversing part of the self-acting machine.

Who may permit the continued use of a non-complying self-acting machine installed before the commencement of the Act?

The Chief Inspector.

On what condition may the Chief Inspector permit continued use under the proviso to Section 25?

Subject to such conditions for ensuring safety as he thinks fit to impose.

What is the subject matter of Section 26?

Casing of new machinery.

To which machinery does Section 26(1) apply?

Machinery driven by power and installed in a factory after the commencement of the Act.

How shall every set screw, bolt or key on a revolving shaft, spindle, wheel or pinion be guarded under Section 26(1)(a)?

It shall be sunk, encased or otherwise effectively guarded to prevent danger.

How shall spur, worm and other toothed or friction gearing be protected under Section 26(1)(b)?

It shall be completely encased unless so situated as to be as safe as if completely encased.

Which gearing is covered under Section 26(1)(b)?

Spur, worm and other toothed or friction gearing not requiring frequent adjustment while in motion.

What is the punishment for selling or letting on hire non-complying machinery under Section 26(2)?

Imprisonment up to three months or fine up to five hundred rupees or both.

Who is liable under Section 26(2)?

A person who sells, lets on hire, or as agent causes or procures the sale or hire of non-complying power-driven machinery for use in a factory.

Who may make rules under Section 26(3)?

The State Government.

What may the State Government specify under Section 26(3)?

Further safeguards for any other dangerous part of any particular machine or class or description of machines.

What is the subject matter of Section 27?

Prohibition of employment of women and children near cotton-openers.

Who shall not be employed near a cotton-opener under Section 27?

No woman or child.

In which part of a factory does the prohibition under Section 27 apply?

Any part used for pressing cotton in which a cotton-opener is at work.

When may women and children be employed despite Section 27?

Where the feed-end of the cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector specifies in writing.

Where may women and children be employed under the proviso to Section 27?

On the side of the partition where the feed-end of the cotton-opener is situated.

What is the subject matter of Section 28?

Hoists and lifts.

What shall be the condition of every hoist and lift under Section 28(1)(a)?

It shall be of good mechanical construction, sound material and adequate strength.

How shall every hoist and lift be maintained under Section 28(1)(a)?

It shall be properly maintained.

How often shall every hoist and lift be thoroughly examined under Section 28(1)(a)?

At least once every six months.

By whom shall every hoist and lift be examined under Section 28(1)(a)?

A competent person.

What record shall be maintained regarding examination of hoists and lifts under Section 28(1)(a)?

A register containing the prescribed particulars of every examination.

How shall every hoistway and liftway be protected under Section 28(1)(b)?

By a sufficient enclosure fitted with gates.

How shall a hoist, lift and its enclosure be constructed under Section 28(1)(b)?

So as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part.

What shall be marked on every hoist or lift under Section 28(1)(c)?

The maximum safe working load.

What load may be carried on a hoist or lift under Section 28(1)(c)?

No load greater than the maximum safe working load.

What gate requirement applies to cages carrying persons under Section 28(1)(d)?

A gate shall be fitted on each side from which access is afforded to a landing.

What safety device shall every gate under Section 28(1)(b) and (d) have?

An interlocking or other efficient device.

What functions shall the interlocking device perform under Section 28(1)(e)?

It shall prevent the gate from opening except when the cage is at the landing and prevent movement of the cage unless the gate is closed.

To which hoists and lifts do the additional requirements under Section 28(2) apply?

Hoists and lifts used for carrying persons and installed or reconstructed after the commencement of the Act.

How many ropes or chains shall support the cage under Section 28(2)(a)?

At least two separately connected ropes or chains.

What capacity shall each rope or chain have under Section 28(2)(a)?

It shall be capable of carrying the whole weight of the cage together with its maximum load.

What safety device is required in case of rope or chain failure under Section 28(2)(b)?

Efficient devices capable of supporting the cage together with its maximum load.

What automatic device shall be provided under Section 28(2)(c)?

An efficient automatic device to prevent the cage from over-running.

Who may permit continued use of a non-complying hoist or lift installed before the commencement of the Act under Section 28(3)?

The Chief Inspector.

On what basis may the Chief Inspector permit continued use under Section 28(3)?

Subject to such conditions for ensuring safety as he thinks fit to impose.

Who may exempt any class or description of hoist or lift from specified requirements under Section 28(4)?

The State Government.

When may the State Government grant exemption under Section 28(4)?

When it considers enforcement of any requirement of sub-sections (1) and (2) unreasonable.

What is a hoist or lift for the purposes of Section 28?

A lifting machine or appliance having a platform or cage whose direction of movement is restricted by a guide or guides.

What is the subject matter of Section 29?

Lifting machines, chains, ropes and lifting tackles.

To what does Section 29(1) apply?

Every lifting machine (other than a hoist and lift) and every chain, rope and lifting tackle used for raising or lowering persons, goods or materials.

What shall be the condition of every lifting machine, chain, rope and lifting tackle under Section 29(1)(a)?

They shall be of good construction, sound material, adequate strength and free from defects.

How shall every lifting machine, chain, rope and lifting tackle be maintained under Section 29(1)(a)?

They shall be properly maintained.

How often shall every lifting machine, chain, rope and lifting tackle be thoroughly examined under Section 29(1)(a)?

At least once every twelve months or at such intervals as the Chief Inspector specifies in writing.

By whom shall every lifting machine, chain, rope and lifting tackle be examined under Section 29(1)(a)?

A competent person.

What record shall be maintained regarding examinations under Section 29(1)(a)?

A register containing the prescribed particulars of every examination.

What load may a lifting machine, chain, rope or lifting tackle carry under Section 29(1)(b)?

No load beyond the safe working load except for the purpose of test.

What markings are required on a lifting machine, chain, rope or lifting tackle under Section 29(1)(b)?

The safe working load and an identification mark.

Where shall the safe working load and identification mark be entered under Section 29(1)(b)?

In the prescribed register.

What shall be displayed where marking the safe working load is not practicable under Section 29(1)(b)?

A table showing the safe working loads of every kind and size of lifting machine, chain, rope or lifting tackle in use.

Where shall the safe working load table be displayed under Section 29(1)(b)?

In prominent positions on the premises.

What precaution shall be taken when a person is working on or near the wheel track of a travelling crane under Section 29(1)(c)?

Effective measures shall ensure that the crane does not approach within six meters of that place.

Who may make rules under Section 29(2)?

The State Government.

What further rules may the State Government make under Section 29(2)(a)?

Prescribing additional requirements for lifting machines, chains, ropes and lifting tackles.

What exemptions may the State Government grant under Section 29(2)(b)?

Exemption from all or any requirements of Section 29 where compliance is unnecessary or impracticable.

When is a lifting machine, chain, rope or lifting tackle deemed to have been thoroughly examined under Section 29(3)?

When a visual examination, supplemented if necessary by other means and dismantling of parts, is carried out as carefully as conditions permit to reach a reliable conclusion regarding safety.

What does "lifting machine" mean under the Explanation to Section 29?

A crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway.

What does "lifting tackle" mean under the Explanation to Section 29?

Any chain sling, rope sling, hook, shackle, swivel, coupling, socket, clamp, tray or similar appliance, whether fixed or movable, used in connection with raising or lowering persons or loads by lifting machines.

What is the subject matter of Section 30?

Revolving machinery.

In which factories does Section 30(1) apply?

Factories in which the process of grinding is carried on.

What notice shall be affixed or placed near each grinding machine under Section 30(1)?

A notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle on which it is mounted, and the diameter of the pulley necessary to secure such safe working peripheral speed.

Where shall the notice under Section 30(1) be displayed?

Permanently affixed to or placed near each machine in use.

May the speeds indicated in the notice under Section 30(2) be exceeded?

No.

What shall be ensured regarding revolving machinery under Section 30(3)?

The safe working peripheral speed of every revolving vessel, cage, basket, fly-wheel, pulley, disc or similar power-driven appliance shall not be exceeded.

What is the subject matter of Section 31?

Pressure plant.

What safety measure is required under Section 31(1)?

Effective measures shall be taken to ensure that the safe working pressure of any plant, machinery or part operated above atmospheric pressure is not exceeded.

Who may make rules under Section 31(2)?

The State Government.

For what purposes may rules be made under Section 31(2)?

For examination and testing of pressure plant or machinery and for prescribing other necessary safety measures.

Who may exempt any part of a pressure plant from Section 31?

The State Government.

How may exemption under Section 31(3) be granted?

By rules and subject to such conditions as may be specified therein.

What is the subject matter of Section 32?

Floors, stairs and means of access.

How shall floors, steps, stairs, passages and gangways be maintained under Section 32(a)?

They shall be of sound construction, properly maintained and kept free from obstructions and substances likely to cause persons to slip.

When shall handrails be provided under Section 32(a)?

Where necessary to ensure safety.

What type of handrails shall be provided under Section 32(a)?

Substantial handrails.

What means of access shall be provided under Section 32(b)?

Safe means of access to every place where any person is required to work.

To what extent is the duty under Section 32(b) applicable?

So far as is reasonably practicable.

What safety measure is required where a person works at a height under Section 32(c)?

Provision shall be made by fencing or otherwise to ensure the safety of the person.

When is the requirement under Section 32(c) applicable?

Where a person is likely to fall while working at a height.

To what extent is the duty under Section 32(c) applicable?

So far as is reasonably practicable.

What is the subject matter of Section 33?

Pits, sumps, openings in floors, etc.

Which structures shall be securely covered or fenced under Section 33(1)?

Every fixed vessel, sump, tank, pit or opening in the ground or floor which is or may be a source of danger by reason of its depth, situation, construction or contents.

Who may exempt compliance with Section 33?

The State Government.

How may exemption under Section 33(2) be granted?

By order in writing and subject to prescribed conditions.

What may be exempted under Section 33(2)?

Any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening.

What is the subject matter of Section 34?

Excessive weights.

What employment is prohibited under Section 34(1)?

Employing a person to lift, carry or move any load so heavy as to be likely to cause injury.

Who may prescribe maximum weights under Section 34(2)?

The State Government.

For whom may maximum weights be prescribed under Section 34(2)?

Adult men, adult women, adolescents and children employed in factories.

In respect of what may maximum weights be prescribed under Section 34(2)?

Factories, any class or description of factories, or any specified process.

What is the subject matter of Section 35?

Protection of eyes.

When may the State Government make rules under Section 35?

In respect of prescribed manufacturing processes involving risk of eye injury from particles, fragments or excessive light.

What protective equipment may be required under Section 35?

Effective screens or suitable goggles.

Who shall be protected under Section 35?

Persons employed on or in the immediate vicinity of the process.

What is the subject matter of Section 36?

Precautions against dangerous fumes, gases, etc.

When shall a person not be required or allowed to enter a confined space under Section 36(1)?

Unless it is provided with a manhole of adequate size or other effective means of egress.

To which confined spaces does Section 36(1) apply?

Any chamber, tank, vat, pit, pipe, flue or other confined space where gas, fume, vapour or dust is likely to be present so as to involve risk.

What measures shall be taken before entry into a confined space under Section 36(2)?

All practicable measures to remove dangerous gas, fume, vapour or dust within permissible limits and prevent its ingress.

When may a person enter a confined space under Section 36(2)(a)?

When a competent person certifies in writing, based on a test carried out by himself, that the space is reasonably free from dangerous gas, fume, vapour or dust.

What protective equipment is required where there is no certificate under Section 36(2)(b)?

Suitable breathing apparatus and a belt securely attached to a rope whose free end is held by a person outside the confined space.

What is the subject matter of Section 36A?

Precautions regarding the use of portable electric light.

What is the maximum voltage of a portable electric light or electric appliance permitted inside a confined space without additional safety devices under Section 36A(a)?

Twenty-four volts.

When may a portable electric light or electric appliance exceeding twenty-four volts be used inside a confined space under Section 36A(a)?

Only if adequate safety devices are provided.

To which confined spaces does Section 36A(a) apply?

Any chamber, tank, vat, pit, pipe, flue or other confined space.

What type of lamp or light may be used where inflammable gas, fume or dust is likely to be present under Section 36A(b)?

Only a lamp or light of flame-proof construction.

What is the subject matter of Section 37?

Explosive or inflammable dust, gas, etc.

When does Section 37(1) apply?

Where a manufacturing process produces dust, gas, fume or vapour likely to explode on ignition.

How shall explosion be prevented under Section 37(1)(a)?

By effective enclosure of the plant or machinery used in the process.

How shall accumulation of explosive or inflammable substances be prevented under Section 37(1)(b)?

By removal or prevention of the accumulation of dust, gas, fume or vapour.

How shall ignition be prevented under Section 37(1)(c)?

By exclusion or effective enclosure of all possible sources of ignition.

What measures shall be taken if plant or machinery cannot withstand probable explosion pressure under Section 37(2)?

Chokes, baffles, vents or other effective appliances shall be provided to restrict the spread and effects of the explosion.

What shall be done before loosening any joint or opening of pressure plant containing explosive or inflammable gas or vapour under Section 37(3)(a)?

The flow of gas or vapour into the part or connected pipe shall be effectively stopped by a stop-valve or other means.

What shall be done before removing any fastening under Section 37(3)(b)?

All practicable measures shall be taken to reduce the pressure of the gas or vapour to atmospheric pressure.

What shall be done after a fastening is loosened or removed under Section 37(3)(c)?

Effective measures shall be taken to prevent entry of explosive or inflammable gas or vapour until the fastening is securely replaced.

To which plant or machinery does Section 37(3) not apply?

Plant or machinery installed in the open air.

When may welding, brazing, soldering or cutting involving heat be carried out on a plant, tank or vessel containing or having contained explosive or inflammable substances under Section 37(4)?

Only after adequate measures have been taken to remove the substance and fumes or render them non-explosive or non-inflammable.

When may explosive or inflammable substances re-enter a plant, tank or vessel after hot work under Section 37(4)?

Only after the metal has cooled sufficiently to prevent ignition.

Who may exempt factories from Section 37?

The State Government.

How may exemption under Section 37(5) be granted?

By rules and subject to prescribed conditions.

What is the subject matter of Section 38?

Precautions in case of fire.

What general duty is imposed under Section 38(1)?

All practicable measures shall be taken to prevent the outbreak and spread of fire, both internally and externally.

What means of escape shall be provided under Section 38(1)(a)?

Safe means of escape for all persons in the event of fire.

What fire-fighting facilities shall be provided under Section 38(1)(b)?

Necessary equipment and facilities for extinguishing fire.

What shall be ensured regarding workers under Section 38(2)?

Workers shall be familiar with the means of escape in case of fire and adequately trained in the routine to be followed.

Who may make rules under Section 38(3)?

The State Government.

For what purpose may rules be made under Section 38(3)?

To require measures for giving effect to the provisions of Section 38(1) and (2).

When may the Chief Inspector require additional fire precautions under Section 38(4)?

When he considers the existing measures inadequate having regard to the nature of the work, construction of the factory, special risk to life or safety, or other circumstances.

How shall the Chief Inspector require additional fire precautions under Section 38(4)?

By an order in writing.

What shall an order under Section 38(4) specify?

The additional measures to be provided and the date before which they shall be provided.

What is the subject matter of Section 39?

Power to require specifications of defective parts or tests of stability.

When may an Inspector act under Section 39?

When any building, part of a building, ways, machinery or plant appears to be in a condition that may be dangerous to human life or safety.

On whom may an order under Section 39 be served?

The occupier or manager or both.

In what form shall an order under Section 39 be issued?

In writing.

What may an Inspector require under Section 39(a)?

Drawings, specifications and other particulars necessary to determine whether the building, ways, machinery or plant can be used safely.

What may an Inspector require under Section 39(b)?

Specified tests to be carried out in the prescribed manner and the results to be communicated to the Inspector.

What is the subject matter of Section 40?

Safety of buildings and machinery.

When may an Inspector issue an order under Section 40(1)?

When any building, part of a building, ways, machinery or plant is in such condition as to be dangerous to human life or safety.

On whom may an order under Section 40(1) be served?

The occupier or manager or both.

What shall an order under Section 40(1) specify?

The measures which should be adopted and the date before which they shall be carried out.

When may an Inspector prohibit use under Section 40(2)?

When use of any building, part of a building, ways, machinery or plant involves imminent danger to human life or safety.

How shall prohibition under Section 40(2) be made?

By an order in writing served on the occupier or manager or both.

Until when does the prohibition under Section 40(2) continue?

Until the building, ways, machinery or plant has been properly repaired or altered.

What is the subject matter of Section 40A?

Maintenance of buildings.

When may an Inspector issue an order under Section 40A?

When a building or part of a building is in such disrepair as is likely to lead to conditions detrimental to the health and welfare of workers.

On whom may an order under Section 40A be served?

The occupier or manager or both.

What shall an order under Section 40A specify?

The measures to be taken and the date before which they shall be carried out.

What is the subject matter of Section 40B?

Safety Officers.

In which factories may Safety Officers be required under Section 40B(1)?

Factories ordinarily employing one thousand or more workers or factories where the manufacturing process or operation involves risk of bodily injury, poisoning, disease or other health hazard, in the opinion of the State Government.

Who may require the employment of Safety Officers under Section 40B(1)?

The State Government.

How shall the requirement to employ Safety Officers be made under Section 40B(1)?

By notification in the Official Gazette.

Who shall employ Safety Officers under Section 40B(1)?

The occupier.

How many Safety Officers shall be employed under Section 40B(1)?

Such number as may be specified in the notification.

Who may prescribe the duties, qualifications and conditions of service of Safety Officers under Section 40B(2)?

The State Government.

What is the subject matter of Section 41?

Power to make rules to supplement this Chapter.

Who may make rules under Section 41?

The State Government.

For what purpose may rules be made under Section 41?

To require the provision of such further devices and measures as may be necessary for securing the safety of persons employed in factories.

To which factories may rules under Section 41 apply?

Any factory or any class or description of factories.

CHAPTER-IVA

PROVISION RELATING TO HAZARDOUS PROCESSES

What is the subject matter of Section 41A?

Constitution of Site Appraisal Committees.

Who may appoint a Site Appraisal Committee under Section 41A(1)?

The State Government.

For what purpose may a Site Appraisal Committee be appointed under Section 41A(1)?

To advise the State Government on applications for permission for the initial location or expansion of a factory involving a hazardous process.

Who shall be the Chairman of the Site Appraisal Committee under Section 41A(1)?

The Chief Inspector of the State.

Who shall represent the Central Board under the Water (Prevention and Control of Pollution) Act, 1974 in the Site Appraisal Committee?

A representative appointed by the Central Government under section 3 of that Act.

Who shall represent the Central Board under the Air (Prevention and Control of Pollution) Act, 1981 in the Site Appraisal Committee?

A representative of the Central Board referred to in section 3 of that Act.

Who shall represent the State Board under the Water (Prevention and Control of Pollution) Act, 1974 in the Site Appraisal Committee?

A representative of the State Board appointed under section 4 of that Act.

Who shall represent the State Board under the Air (Prevention and Control of Pollution) Act, 1981 in the Site Appraisal Committee?

A representative of the State Board referred to in section 5 of that Act.

Which State Government department shall be represented in the Site Appraisal Committee?

The Department of Environment.

Which Central Government department shall be represented in the Site Appraisal Committee?

The Meteorological Department of the Government of India.

Which expert shall be included in the Site Appraisal Committee?

An expert in the field of occupational health.

Which planning authority shall be represented in the Site Appraisal Committee?

The Town Planning Department of the State Government.

How many additional members may be co-opted by the State Government under Section 41A(1)?

Not more than five.

Who may be co-opted as additional members under Section 41A(1)?

A scientist having specialised knowledge of the hazardous process, a representative of the local authority within whose jurisdiction the factory is to be established, and not more than three other persons as deemed fit by the State Government.

Within what period shall the Site Appraisal Committee make its recommendation under Section 41A(2)?

Within ninety days from the receipt of the application.

In what form shall an application under Section 41A(2) be made?

In the prescribed form.

When shall the State Government co-opt a representative nominated by the Central Government under Section 41A(3)?

Where the factory is owned or controlled by the Central Government or by a corporation or company owned or controlled by the Central Government.

What power does the Site Appraisal Committee have under Section 41A(4)?

To call for any information from the applicant for establishment or expansion of a factory involving a hazardous process.

What is the effect of approval granted by the State Government under Section 41A(5)?

No further approval from the Central Board or the State Board under the Water Act, 1974 or the Air Act, 1981 is required.

What is the subject matter of Section 41B?

Compulsory disclosure of information by the occupier.

To whom shall the occupier disclose information under Section 41B(1)?

The workers, the Chief Inspector, the local authority within whose jurisdiction the factory is situated and the general public in the vicinity.

What information shall be disclosed under Section 41B(1)?

All information regarding dangers, including health hazards and measures to overcome such hazards arising from exposure to or handling of materials or substances in manufacture, transportation, storage and other processes.

How shall the information under Section 41B(1) be disclosed?

In the prescribed manner.

When shall the occupier lay down a health and safety policy under Section 41B(2)?

At the time of registering a factory involving a hazardous process.

To whom shall the health and safety policy be intimated under Section 41B(2)?

The Chief Inspector and the local authority.

What shall the occupier do when the health and safety policy is changed under Section 41B(2)?

Inform the Chief Inspector and the local authority at the prescribed intervals.

What additional information shall be included under Section 41B(3)?

Accurate information regarding the quantity, specifications and other characteristics of wastes and the manner of their disposal.

What plan shall every occupier prepare under Section 41B(4)?

An on-site emergency plan and detailed disaster control measures.

Whose approval is required for the on-site emergency plan under Section 41B(4)?

The Chief Inspector.

To whom shall the safety measures under the emergency plan be made known under Section 41B(4)?

The workers employed in the factory and the general public living in the vicinity.

Within what period shall an existing hazardous process factory furnish information under Section 41B(5)(a)?

Within thirty days of the commencement of the Factories (Amendment) Act, 1987.

Within what period shall a new hazardous process factory furnish information under Section 41B(5)(b)?

Within thirty days before the commencement of the hazardous process.

To whom shall the information under Section 41B(5) be furnished?

The Chief Inspector.

What shall be informed under Section 41B(5)?

The nature and details of the hazardous process in the prescribed form and manner.

What is the consequence of contravention of Section 41B(5)?

The licence issued under Section 6 is liable to cancellation notwithstanding any other penalty under the Act.

What measures shall the occupier lay down under Section 41B(7)?

Measures for the handling, usage, transportation and storage of hazardous substances inside the factory premises and their disposal outside the factory premises.

Whose approval is required for the measures under Section 41B(7)?

The Chief Inspector.

Among whom shall the measures under Section 41B(7) be publicised?

The workers and the general public living in the vicinity in the prescribed manner.

What is the subject matter of Section 41C?

Specific responsibility of the occupier in relation to hazardous processes.

What records shall the occupier maintain under Section 41C(a)?

Accurate and up-to-date health records or medical records of workers exposed to chemical, toxic or other harmful substances manufactured, stored, handled or transported in the factory.

To whom shall the records under Section 41C(a) be accessible?

The workers, subject to the prescribed conditions.

Whom shall the occupier appoint under Section 41C(b)?

Persons possessing qualifications and experience in handling hazardous substances and competent to supervise such handling.

What facilities shall the occupier provide under Section 41C(b)?

All necessary facilities at the workplace for protecting the workers in the prescribed manner.

Whose decision is final regarding the qualifications and experience of a person appointed under Section 41C(b)?

The Chief Inspector.

When shall a worker undergo medical examination under Section 41C(c)?

Before being assigned to a job involving handling of or working with a hazardous substance.

How often shall a worker be medically examined while continuing in a hazardous job and after ceasing such job under Section 41C(c)?

At intervals not exceeding twelve months.

How shall medical examinations under Section 41C(c) be conducted?

In the prescribed manner.

What is the subject matter of Section 41D?

Power of Central Government to appoint Inquiry Committee.

When may the Central Government appoint an Inquiry Committee under Section 41D(1)?

On the occurrence of an extraordinary situation involving a factory engaged in a hazardous process.

For what purpose may an Inquiry Committee be appointed under Section 41D(1)?

To inquire into the standards of health and safety observed in the factory, determine the causes of any failure or neglect, and prevent recurrence of such extraordinary situations.

Who may be affected by the failure or neglect referred to in Section 41D(1)?

The workers employed in the factory or the general public affected or likely to be affected.

What shall be the composition of the Inquiry Committee under Section 41D(2)?

A Chairman and two other members.

Who determines the terms of reference and tenure of the Inquiry Committee under Section 41D(2)?

The Central Government.

What is the nature of the recommendations of the Inquiry Committee under Section 41D(3)?

Advisory.

What is the subject matter of Section 41E?

Emergency standards.

When may the Central Government direct the laying down of emergency standards under Section 41E(1)?

When no safety standards are prescribed for a hazardous process or class of hazardous processes or the prescribed standards are inadequate.

Whom may the Central Government direct to lay down emergency standards under Section 41E(1)?

The Director-General of Factory Advice Service and Labour Institutes or any institution specialised in standards of safety in hazardous processes.

For what purpose are emergency standards laid down under Section 41E(1)?

For enforcement of suitable safety standards in respect of hazardous processes.

What is the legal effect of emergency standards under Section 41E(2)?

They are enforceable and have the same effect as if incorporated in the rules made under the Act until so incorporated.

What is the subject matter of Section 41F?

Permissible limits of exposure of chemical and toxic substances.

Where are the maximum permissible threshold limits of exposure specified under Section 41F(1)?

In the Second Schedule.

To which manufacturing processes does Section 41F(1) apply?

All manufacturing processes, whether hazardous or otherwise.

Who may amend the Second Schedule under Section 41F(2)?

The Central Government.

How may the Central Government amend the Second Schedule under Section 41F(2)?

By notification in the Official Gazette.

On what basis may the Second Schedule be amended under Section 41F(2)?

Scientific proof obtained from specialised institutions or experts in the field.

What is the subject matter of Section 41G?

Workers' participation in safety management.

When shall the occupier set up a Safety Committee under Section 41G(1)?

In every factory where a hazardous process takes place or hazardous substances are used or handled.

What shall be the composition of the Safety Committee under Section 41G(1)?

Equal number of representatives of workers and management.

What is the purpose of the Safety Committee under Section 41G(1)?

To promote co-operation between workers and management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf.

Who may exempt an occupier from setting up a Safety Committee under Section 41G(1)?

The State Government.

How may exemption under Section 41G(1) be granted?

By order in writing and for reasons to be recorded.

What may be exempted under the proviso to Section 41G(1)?

Any factory or class of factories.

What may be prescribed regarding the Safety Committee under Section 41G(2)?

Its composition, tenure of office of members and their rights and duties.

What is the subject matter of Section 41H?

Right of workers to warn about imminent danger.

When may workers warn about imminent danger under Section 41H(1)?

When they have reasonable apprehension of a likelihood of imminent danger to their lives or health due to an accident.

To whom may workers report imminent danger under Section 41H(1)?

The occupier, agent, manager or any other person in charge of the factory or the process concerned.

How may workers communicate the apprehension under Section 41H(1)?

Directly or through their representatives in the Safety Committee.

Whom shall the workers simultaneously inform under Section 41H(1)?

The Inspector.

What is the duty of the occupier, agent, manager or person in charge under Section 41H(2)?

To take immediate remedial action if satisfied about the existence of imminent danger.

What report shall be sent under Section 41H(2)?

A report of the remedial action taken.

To whom shall the report under Section 41H(2) be sent?

The nearest Inspector.

When shall the report under Section 41H(2) be sent?

Forthwith.

What shall the occupier, agent, manager or person in charge do if not satisfied about the existence of imminent danger under Section 41H(3)?

Refer the matter forthwith to the nearest Inspector.

Whose decision on the existence of imminent danger is final under Section 41H(3)?

The nearest Inspector.

CHAPTER-V

WELFARE

What is the subject matter of Section 42?

Washing facilities.

What washing facilities shall be provided under Section 42(1)(a)?

Adequate and suitable facilities for washing.

For whose use shall washing facilities be provided under Section 42(1)(a)?

The workers.

What separate washing facilities are required under Section 42(1)(b)?

Separate and adequately screened facilities for male and female workers.

How shall washing facilities be maintained under Section 42(1)(c)?

They shall be conveniently accessible and kept clean.

Who may prescribe standards for washing facilities under Section 42(2)?

The State Government.

For what may standards be prescribed under Section 42(2)?

Any factory, class or description of factories, or any manufacturing process.

What is the subject matter of Section 43?

Facilities for storing and drying clothing.

Who may make rules under Section 43?

The State Government.

What facilities may be required under Section 43?

Suitable places for keeping clothing not worn during working hours and for drying wet clothing.

To which factories may rules under Section 43 apply?

Any factory or class or description of factories.

What is the subject matter of Section 44?

Facilities for sitting.

For whom shall seating arrangements be provided under Section 44(1)?

Workers obliged to work in a standing position.

Why shall seating arrangements be provided under Section 44(1)?

To enable workers to take advantage of opportunities for rest occurring during the course of their work.

When may the Chief Inspector require seating arrangements under Section 44(2)?

When workers can perform their work efficiently in a sitting position.

How shall the Chief Inspector require seating arrangements under Section 44(2)?

By order in writing.

What shall the Chief Inspector specify in an order under Section 44(2)?

Practicable seating arrangements and the date before which they shall be provided.

Who may exempt factories from Section 44(1)?

The State Government.

How may exemption under Section 44(3) be granted?

By notification in the Official Gazette.

What may be exempted under Section 44(3)?

Any specified factory, class or description of factories, or specified manufacturing process.

What is the subject matter of Section 45?

First-aid appliances.

What first-aid facilities shall every factory provide under Section 45(1)?

First-aid boxes or cupboards equipped with the prescribed contents.

How shall first-aid boxes or cupboards be maintained under Section 45(1)?

So as to be readily accessible during all working hours.

What is the minimum number of first-aid boxes or cupboards required under Section 45(1)?

Not less than one for every one hundred and fifty workers ordinarily employed at any one time.

What may be kept in a first-aid box or cupboard under Section 45(2)?

Only the prescribed contents.

Who shall be in charge of each first-aid box or cupboard under Section 45(3)?

A separate responsible person holding a first-aid treatment certificate recognised by the State Government.

When shall the person in charge of a first-aid box or cupboard be available under Section 45(3)?

At all times during the working hours of the factory.

When is an ambulance room mandatory under Section 45(4)?

Where more than five hundred workers are ordinarily employed.

What shall an ambulance room contain under Section 45(4)?

The prescribed size, prescribed equipment and prescribed medical and nursing staff.

When shall ambulance room facilities be available under Section 45(4)?

At all times during the working hours of the factory.

What is the subject matter of Section 46?

Canteens.

Who may make rules under Section 46(1)?

The State Government.

When may the State Government require a canteen under Section 46(1)?

In any specified factory wherein more than two hundred and fifty workers are ordinarily employed.

Who shall provide and maintain the canteen under Section 46(1)?

The occupier.

For whose use shall the canteen be provided under Section 46(1)?

The workers.

What may rules prescribe regarding the canteen under Section 46(2)(a)?

The date by which the canteen shall be provided.

What standards may be prescribed under Section 46(2)(b)?

Standards relating to construction, accommodation, furniture and other equipment of the canteen.

What may rules prescribe regarding food under Section 46(2)(c)?

The foodstuffs to be served and the charges payable therefor.

What may rules provide regarding canteen management under Section 46(2)(d)?

Constitution of a managing committee and representation of workers in its management.

What expenditure shall not be included in fixing the cost of foodstuffs under Section 46(2)(dd)?

Items of expenditure in running the canteen which shall be borne by the employer.

What power may be delegated to the Chief Inspector under Section 46(2)(e)?

The power to make rules under clause (c), subject to prescribed conditions.

What is the subject matter of Section 47?

Shelters, rest rooms and lunch rooms.

When are shelters, rest rooms and a lunch room mandatory under Section 47(1)?

Where more than one hundred and fifty workers are ordinarily employed.

What facilities shall be provided under Section 47(1)?

Adequate and suitable shelters or rest rooms and a suitable lunch room with provision for drinking water.

For what purpose shall the lunch room be provided under Section 47(1)?

For workers to eat meals brought by them.

How is a canteen maintained under Section 46 treated for the purposes of Section 47(1)?

It is regarded as part of the requirements of Section 47(1).

Where a lunch room exists, where shall workers not eat food under the second proviso to Section 47(1)?

In the workroom.

How shall shelters, rest rooms and lunch rooms be maintained under Section 47(2)?

They shall be sufficiently lighted, ventilated and maintained in a cool and clean condition.

Who may prescribe standards for shelters, rest rooms and lunch rooms under Section 47(3)(a)?

The State Government.

What standards may be prescribed under Section 47(3)(a)?

Standards relating to construction, accommodation, furniture and other equipment.

Who may exempt factories from Section 47 under Section 47(3)(b)?

The State Government.

How may exemption under Section 47(3)(b) be granted?

By notification in the Official Gazette.

What may be exempted under Section 47(3)(b)?

Any factory or class or description of factories.

What is the subject matter of Section 48?

Creches.

When is a creche mandatory under Section 48(1)?

Where more than thirty women workers are ordinarily employed.

What shall be provided under Section 48(1)?

A suitable room or rooms for the use of children under six years of age of such women.

For whose use shall the creche be provided under Section 48(1)?

Children below six years of age of women workers.

What conditions shall the creche satisfy under Section 48(2)?

It shall provide adequate accommodation, be adequately lighted and ventilated, and be maintained in a clean and sanitary condition.

Who shall be in charge of the creche under Section 48(2)?

Women trained in the care of children and infants.

Who may make rules under Section 48(3)?

The State Government.

What may be prescribed regarding creches under Section 48(3)(a)?

Their location and standards relating to construction, accommodation, furniture and other equipment.

What additional facilities may be required under Section 48(3)(b)?

Facilities for the care of children of women workers, including washing and changing of clothing.

What nutritional facilities may be required under Section 48(3)(c)?

Free milk or refreshments or both for such children.

What facilities shall mothers be given under Section 48(3)(d)?

Facilities to feed their children at the necessary intervals.

What is the subject matter of Section 49?

Welfare officers.

When is appointment of Welfare Officers mandatory under Section 49(1)?

Where five hundred or more workers are ordinarily employed.

Who shall appoint Welfare Officers under Section 49(1)?

The occupier.

How many Welfare Officers shall be appointed under Section 49(1)?

Such number as may be prescribed.

Who may prescribe the duties, qualifications and conditions of service of Welfare Officers under Section 49(2)?

The State Government.

What is the subject matter of Section 50?

Power to make rules to supplement this Chapter.

Who may make rules under Section 50?

The State Government.

What exemption may the State Government grant under Section 50(a)?

Exemption of any factory or class or description of factories from compliance with any provision of this Chapter.

On what condition may exemption under Section 50(a) be granted?

Subject to compliance with such alternative arrangements for the welfare of workers as may be prescribed.

What may the State Government require under Section 50(b)?

Association of representatives of the workers with the management of the welfare arrangements of the workers.

To which factories may rules under Section 50(b) apply?

Any factory or class or description of factories.

CHAPTER VI

WORKING HOURS OF ADULTS

What is the subject matter of Section 51?

Weekly hours.

What is the maximum weekly working hours for an adult worker under Section 51?

Forty-eight hours in any week.

What is the subject matter of Section 52?

Weekly holidays.

On which day shall an adult worker ordinarily not be required or allowed to work under Section 52(1)?

The first day of the week.

When may an adult worker be required or allowed to work on the first day of the week under Section 52(1)?

If the conditions specified in clauses (a) and (b) are fulfilled.

What holiday must be provided when an adult worker works on the first day of the week under Section 52(1)(a)?

A whole-day holiday on one of the three days immediately before or after the first day of the week.

What shall the manager deliver to the Inspector under Section 52(1)(b)(i)?

A notice of his intention to require the worker to work on the first day of the week and of the substituted holiday.

When shall the notice under Section 52(1)(b)(i) be delivered?

Before the first day of the week or the substituted holiday, whichever is earlier.

What notice shall the manager display under Section 52(1)(b)(ii)?

A notice stating that the worker will work on the first day of the week and specifying the substituted holiday.

What is the maximum number of consecutive working days permitted under the proviso to Section 52(1)?

Ten days without a whole-day holiday.

How may a notice under Section 52(1) be cancelled under Section 52(2)?

By delivering a notice to the Inspector and displaying a notice in the factory.

When shall a cancellation notice under Section 52(2) be given?

Not later than the day before the first day of the week or the holiday to be cancelled, whichever is earlier.

How is the first day of the week treated for calculating weekly hours when a substituted holiday is taken before it under Section 52(3)?

It is included in the preceding week.

What is the subject matter of Section 53?

Compensatory holidays.

When is a worker entitled to compensatory holidays under Section 53(1)?

When he is deprived of weekly holidays due to an order or rule exempting the factory or workers from Section 52.

Within what period shall compensatory holidays be granted under Section 53(1)?

Within the month in which the holidays were due or within the two immediately following months.

How many compensatory holidays shall be granted under Section 53(1)?

Holidays equal in number to the weekly holidays lost.

Who may prescribe the manner of granting compensatory holidays under Section 53(2)?

The State Government.

What is the subject matter of Section 54?

Daily hours.

What is the maximum daily working hours for an adult worker under Section 54?

Nine hours in any day.

When may the daily maximum under Section 54 be exceeded?

To facilitate the change of shifts with the previous approval of the Chief Inspector.

What is the subject matter of Section 55?

Intervals for rest.

What is the maximum continuous working period under Section 55(1)?

Five hours.

What minimum rest interval shall be provided under Section 55(1)?

At least half an hour.

Who may exempt a factory from Section 55(1)?

The State Government or, subject to its control, the Chief Inspector.

How shall exemption under Section 55(2) be granted?

By written order stating the reasons.

What is the maximum continuous working period permitted after exemption under Section 55(2)?

Six hours.

What is the subject matter of Section 56?

Spread over.

What is the maximum spread over of an adult worker under Section 56?

Ten and a half hours in a day, inclusive of rest intervals.

Who may increase the spread over under the proviso to Section 56?

The Chief Inspector.

To what maximum may the spread over be increased under the proviso to Section 56?

Twelve hours.

How shall the Chief Inspector increase the spread over under Section 56?

By specifying the reasons in writing.

What is the subject matter of Section 57?

Night shifts.

What is a whole-day holiday for a night-shift worker under Section 57(a)?

A period of twenty-four consecutive hours beginning when the shift ends.

How is the following day determined for a night-shift worker under Section 57(b)?

It is the period of twenty-four hours beginning when the shift ends.

How are hours worked after midnight treated under Section 57(b)?

They are counted as part of the previous day.

What is the subject matter of Section 58?

Prohibition of overlapping shifts.

What is prohibited under Section 58(1)?

A system of shifts in which more than one relay of workers is engaged in work of the same kind at the same time.

Who may exempt from the provisions of Section 58(1)?

The State Government or, subject to its control, the Chief Inspector.

How shall exemption under Section 58(2) be granted?

By written order stating the reasons and subject to such conditions as may be deemed expedient.

Who may be exempted under Section 58(2)?

Any factory, class or description of factories, department or section of a factory, or category or description of workers.

What is the subject matter of Section 59?

Extra wages for overtime.

When is a worker entitled to overtime wages under Section 59(1)?

When he works for more than nine hours in any day or more than forty-eight hours in any week.

At what rate are overtime wages payable under Section 59(1)?

Twice the ordinary rate of wages.

What does "ordinary rate of wages" mean under Section 59(2)?

Basic wages plus allowances, including the cash equivalent of concessional sale of food grains and other articles, but excluding bonus and overtime wages.

How is the time rate determined for piece-rate workers under Section 59(3)?

It is the daily average of full-time earnings on the same or identical job during the month immediately preceding the calendar month in which overtime was worked.

How is the time rate determined if a piece-rate worker did not work on the same or identical job in the preceding calendar month?

It is the daily average of earnings for the days actually worked in the week in which the overtime was done.

What items are included while computing earnings for piece-rate workers under the Explanation to Section 59(3)?

Allowances, including the cash equivalent of concessional sale of food grains and other articles.

What items are excluded while computing earnings under the Explanation to Section 59(3)?

Bonus and overtime wages relating to the relevant period.

How shall the cash equivalent of concessional sale of food grains and other articles be computed under Section 59(4)?

As often as may be prescribed on the basis of the maximum quantity admissible to a standard family.

What is a "standard family" under Explanation 1 to Section 59(4)?

A family consisting of the worker, his or her spouse and two children below fourteen years of age requiring in all three adult consumption units.

What is an "adult consumption unit" under Explanation 2 to Section 59(4)?

The consumption unit of a male above fourteen years, with a female above fourteen counted as 0.8 unit and a child below fourteen counted as 0.6 unit.

Who may make rules under Section 59(5)?

The State Government.

What may the State Government prescribe under Section 59(5)(a)?

The manner of computing the cash equivalent of concessional sale of food grains and other articles.

What may the State Government prescribe under Section 59(5)(b)?

The registers to be maintained for securing compliance with Section 59.

What is the subject matter of Section 60?

Restriction on double employment.

What is prohibited under Section 60?

An adult worker shall not be required or allowed to work in a factory on a day on which he has already worked in another factory.

What is the exception to the restriction under Section 60?

Such circumstances as may be prescribed.

What is the subject matter of Section 61?

Notice of periods of work for adults.

What notice shall be displayed under Section 61(1)?

A notice of periods of work for adults.

Where shall the notice under Section 61(1) be displayed and maintained?

In every factory in accordance with Section 108(2).

What shall the notice under Section 61(1) show?

The periods during which adult workers may be required to work on every day.

When shall the periods shown in the notice be fixed under Section 61(2)?

Beforehand.

With which provisions must the periods shown in the notice comply under Section 61(2)?

Sections 51, 52, 54, 55, 56 and 58.

Who shall fix the periods of work where all adult workers work during the same periods under Section 61(3)?

The manager of the factory.

What shall the manager do where all adult workers do not work during the same periods under Section 61(4)?

Classify them into groups according to the nature of their work and indicate the number of workers in each group.

What shall the manager fix for a group not working on shifts under Section 61(5)?

The periods during which the group may be required to work.

What shall the manager fix for shift groups without predetermined periodical changes under Section 61(6)?

The periods during which each relay may be required to work.

What shall the manager prepare for shift groups with predetermined periodical changes under Section 61(7)?

A scheme of shifts showing the working periods of each relay and the relay working at any time of the day.

Who may prescribe the form and manner of maintaining the notice under Section 61(8)?

The State Government.

When shall a copy of the notice be sent to the Inspector under Section 61(9)?

Before the day on which work begins in a factory commencing work after the commencement of the Act.

How many copies of the notice shall be sent under Section 61(9)?

Two copies.

When shall a proposed change in the system of work be notified to the Inspector under Section 61(10)?

Before the change is made.

How many copies of the proposed change shall be sent to the Inspector under Section 61(10)?

Two copies.

When may a change in the system of work be made under Section 61(10)?

After one week has elapsed since the last change unless the previous sanction of the Inspector has been obtained.

What is the subject matter of Section 62?

Register of adult workers.

Who shall maintain the register of adult workers under Section 62(1)?

The manager of every factory.

When shall the register of adult workers be available to the Inspector under Section 62(1)?

At all times during working hours or whenever any work is being carried on in the factory.

What particulars regarding an adult worker shall be entered in the register under Section 62(1)(a)?

His name.

What particulars regarding work shall be entered in the register under Section 62(1)(b)?

The nature of his work.

What group-related particulars shall be entered under Section 62(1)(c)?

The group, if any, in which the worker is included.

What shift-related particulars shall be entered under Section 62(1)(d)?

The relay to which the worker is allotted where the group works on shifts.

What additional particulars may be entered under Section 62(1)(e)?

Such other particulars as may be prescribed.

When may a muster roll or other register be treated as the register of adult workers under the proviso to Section 62(1)?

When the Inspector is satisfied that it contains the required particulars and directs so by a written order.

May an adult worker work before his particulars are entered in the register under Section 62(1A)?

No.

Who may prescribe the form, manner of maintenance and preservation period of the register under Section 62(2)?

The State Government.

What is the subject matter of Section 63?

Hours of work to correspond with notice under section 61 and register under section 62.

In accordance with what shall an adult worker work under Section 63?

The notice of periods of work displayed under Section 61 and the entries made beforehand against his name in the register of adult workers under Section 62.

What is the subject matter of Section 64?

Power to make exempting rules.

Who may make rules defining persons holding positions of supervision, management or confidential positions under Section 64(1)?

The State Government.

Who may declare a person to hold a position of supervision, management or a confidential position under Section 64(1)?

The Chief Inspector.

To whom do the provisions of Chapter VI not apply under Section 64(1)?

Persons defined or declared to hold positions of supervision, management or confidential positions.

Which provisions of Chapter VI continue to apply to persons defined or declared under Section 64(1)?

Section 66(1)(b) and the proviso thereto.

When is a person defined or declared under Section 64(1) entitled to overtime wages under Section 59?

Where his ordinary rate of wages does not exceed the wage limit specified in Section 1(6) of the Payment of Wages Act, 1936, as amended from time to time.

Who may make exempting rules under Section 64(2)?

The State Government.

Which provisions may workers engaged on urgent repairs be exempted from under Section 64(2)(a)?

Sections 51, 52, 54, 55 and 56.

Which provisions may workers engaged in preparatory or complementary work be exempted from under Section 64(2)(b)?

Sections 51, 54, 55 and 56.

Which provisions may workers engaged in intermittent work be exempted from under Section 64(2)(c)?

Sections 51, 54, 55 and 56.

Which provisions may workers engaged in continuous work for technical reasons be exempted from under Section 64(2)(d)?

Sections 51, 52, 54, 55 and 56.

Which provisions may workers making or supplying articles of prime necessity be exempted from under Section 64(2)(e)?

Sections 51 and 52.

Which provisions may workers engaged in seasonal manufacturing processes be exempted from under Section 64(2)(f)?

Sections 51, 52 and 54.

Which provisions may workers engaged in processes dependent on irregular natural forces be exempted from under Section 64(2)(g)?

Sections 52 and 55.

Which provisions may workers engaged in engine-rooms, boiler-houses, power-plants or transmission machinery be exempted from under Section 64(2)(h)?

Sections 51 and 52.

Which provisions may newspaper printing workers delayed due to machinery breakdown be exempted from under Section 64(2)(i)?

Sections 51, 54 and 56.

What is the meaning of "newspapers" for Section 64(2)(i)?

It has the meaning assigned in the Press and Registration of Books Act, 1867.

Which provisions may workers engaged in loading or unloading railway wagons, lorries or trucks be exempted from under Section 64(2)(j)?

Sections 51, 52, 54, 55 and 56.

Which provisions may workers engaged in work of national importance be exempted from under Section 64(2)(k)?

Sections 51, 52, 54, 55 and 56.

What consequential exemption may rules under Section 64(3) provide?

Exemption from Section 61.

What is the maximum daily working hours, including overtime, under rules made under Section 64(4)?

Ten hours.

What is the maximum daily spread over under Section 64(4)?

Twelve hours, inclusive of intervals for rest.

What exception is provided to the limits under Section 64(4)?

The State Government may relax the daily hours and spread over limits for workers under Section 64(2)(d) to enable a shift worker to work a subsequent shift when another worker fails to report for duty.

What is the maximum weekly working hours, including overtime, under Section 64(4)?

Sixty hours.

What is the maximum overtime permissible in one quarter under Section 64(4)?

Fifty hours.

What is a "quarter" under the Explanation to Section 64(4)?

A period of three consecutive months beginning on 1st January, 1st April, 1st July or 1st October.

For how long do rules made under Section 64 remain in force under Section 64(5)?

Not more than five years.

What is the subject matter of Section 65?

Power to make exempting orders.

When may the State Government relax or modify Section 61 under Section 65(1)?

When, owing to the nature of the work or other circumstances, it is unreasonable to require the periods of work to be fixed beforehand.

How may the State Government relax or modify Section 61 under Section 65(1)?

By written order.

In respect of whom may the State Government relax or modify Section 61 under Section 65(1)?

Adult workers in any factory or class or description of factories.

For what purpose may conditions be imposed under Section 65(1)?

To ensure control over periods of work.

Who may grant exemptions under Section 65(2)?

The State Government or, subject to its control, the Chief Inspector.

From which provisions may exemption be granted under Section 65(2)?

Sections 51, 52, 54 and 56.

To whom may exemption under Section 65(2) be granted?

Any or all adult workers in any factory or group, class or description of factories.

On what ground may exemption under Section 65(2) be granted?

To enable the factory or factories to deal with an exceptional press of work.

What is the maximum daily working hours under an exemption granted under Section 65(3)?

Twelve hours.

What is the maximum spread over under an exemption granted under Section 65(3)?

Thirteen hours in a day, inclusive of intervals for rest.

What is the maximum weekly working hours, including overtime, under an exemption granted under Section 65(3)?

Sixty hours.

For how many consecutive days may overtime be worked under Section 65(3)?

Not more than seven days at a stretch.

What is the maximum overtime permitted in a quarter under Section 65(3)?

Seventy-five hours.

What is the meaning of "quarter" under the Explanation to Section 65(3)?

It has the same meaning as in Section 64(4), namely a period of three consecutive months beginning on 1st January, 1st April, 1st July or 1st October.

What is the subject matter of Section 66?

Further restrictions on employment of women.

May exemption from Section 54 be granted in respect of a woman under Section 66(1)(a)?

No.

During what hours may a woman ordinarily be required or allowed to work in a factory under Section 66(1)(b)?

Between 6 A.M. and 7 P.M.

Who may vary the working hours for women under the proviso to Section 66(1)(b)?

The State Government.

How may the State Government vary the working hours under the proviso to Section 66(1)(b)?

By notification in the Official Gazette.

To which factories may variation under the proviso to Section 66(1)(b) apply?

Any factory or group or class or description of factories.

What is the prohibition on variation of working hours under the proviso to Section 66(1)(b)?

No variation shall authorize the employment of any woman between 10 P.M. and 5 A.M.

When may shifts of women be changed under Section 66(1)(c)?

Only after a weekly holiday or any other holiday.

Who may exempt women from the restrictions under Section 66(1)?

The State Government.

For which factories may exemption under Section 66(2) be granted?

Fish-curing or fish-canning factories.

When may exemption under Section 66(2) be granted?

When employment beyond the prescribed hours is necessary to prevent damage to or deterioration of raw material.

How may exemption under Section 66(2) be granted?

By rules prescribing the extent and conditions of exemption.

For how long do rules made under Section 66(2) remain in force under Section 66(3)?

Not more than three years at a time.

CHAPTER-VII

EMPLOYMENT OF YOUNG PERSONS

What is the subject matter of Section 67?

Prohibition of employment of young children.

Who is prohibited from being employed in a factory under Section 67?

A child who has not completed fourteen years of age.

What is the subject matter of Section 68?

Non-adult workers to carry tokens.

When may a child who has completed fourteen years or an adolescent be required or allowed to work in a factory under Section 68?

Only if the conditions specified in clauses (a) and (b) are fulfilled.

What certificate must be in the custody of the manager under Section 68(a)?

A certificate of fitness granted under Section 69.

What shall a child or adolescent carry while at work under Section 68(b)?

A token giving reference to the certificate of fitness.

What is the subject matter of Section 69?

Certificates of fitness.

Who may apply for examination of a young person under Section 69(1)?

The young person or his parent or guardian, or the manager of the factory.

What document shall accompany an application by a young person, parent or guardian under Section 69(1)?

A document signed by the manager stating that the young person will be employed if certified fit.

Who shall examine the young person under Section 69(1)?

The certifying surgeon.

What shall the certifying surgeon ascertain under Section 69(1)?

The fitness of the young person for work in a factory.

When may a certificate of fitness as a child be granted or renewed under Section 69(2)(a)?

When the young person has completed fourteen years, attained the prescribed physical standards and is fit for such work.

When may a certificate of fitness as an adult be granted or renewed under Section 69(2)(b)?

When the young person has completed fifteen years and is fit for a full day's work in a factory.

When shall a certifying surgeon examine the place of work before granting or renewing a certificate under the proviso to Section 69(2)?

When he has no personal knowledge of the place or the manufacturing process.

For how long is a certificate of fitness valid under Section 69(3)(a)?

Twelve months from the date of grant or renewal.

What conditions may be attached to a certificate of fitness under Section 69(3)(b)?

Conditions regarding the nature of work or requiring re-examination before expiry of twelve months.

When shall a certifying surgeon revoke a certificate under Section 69(4)?

When the holder is no longer fit to work in the capacity stated in the certificate.

What shall the certifying surgeon do if requested after refusing, not renewing or revoking a certificate under Section 69(5)?

State the reasons in writing.

How shall a young person work where the certificate is subject to conditions under Section 69(6)?

Only in accordance with those conditions.

Who shall pay the fee for a certificate of fitness under Section 69(7)?

The occupier.

May the certificate fee be recovered from the young person, parent or guardian under Section 69(7)?

No.

What is the subject matter of Section 70?

Effect of certificate of fitness granted to adolescent.

When is an adolescent deemed to be an adult under Section 70(1)?

When he has been granted a certificate of fitness to work as an adult under Section 69(2)(b) and carries a token referring to the certificate while at work.

For what purposes is an adolescent deemed to be an adult under Section 70(1)?

For all the purposes of Chapters VI and VIII.

During what hours may a female adolescent or a male adolescent below seventeen years work under Section 70(1A)?

Between 6 A.M. and 7 P.M.

Who may vary the working hour limits under the proviso to Section 70(1A)?

The State Government.

How may the State Government vary the working hour limits under Section 70(1A)?

By notification in the Official Gazette.

What restriction applies while varying the working hours of a female adolescent under the proviso to Section 70(1A)?

No variation shall authorize employment between 10 P.M. and 5 A.M.

When may the State Government grant exemption from Section 70(1A)?

In case of serious emergency where national interest is involved.

How is an adolescent without a certificate of fitness as an adult treated under Section 70(2)?

He is deemed to be a child for all the purposes of the Act.

What is the subject matter of Section 71?

Working hours for children.

What is the maximum daily working hours for a child under Section 71(1)(a)?

Four and a half hours.

May a child work during the night under Section 71(1)(b)?

No.

What is "night" under the Explanation to Section 71(1)?

A period of at least twelve consecutive hours including the interval between 10 P.M. and 6 A.M.

Into how many shifts shall the work period of children be divided under Section 71(2)?

Two shifts.

May the shifts of children overlap under Section 71(2)?

No.

What is the maximum spread over of each shift under Section 71(2)?

Five hours.

How many relays may a child work in under Section 71(2)?

Only one relay.

How often may a child's relay be changed under Section 71(2)?

Not more frequently than once in thirty days except with the previous written permission of the Chief Inspector.

Which provision relating to weekly holidays applies to child workers under Section 71(3)?

Section 52.

May exemption from Section 52 be granted in respect of a child under Section 71(3)?

No.

What restriction on double employment applies to children under Section 71(4)?

A child shall not work in a factory on a day on which he has already worked in another factory.

During what hours may a female child work under Section 71(5)?

Between 8 A.M. and 7 P.M.

What is the subject matter of Section 72?

Notice of periods of work for children.

What notice shall be displayed under Section 72(1)?

A notice of periods of work for children.

In which factories is the notice under Section 72(1) required?

Every factory in which children are employed.

Where shall the notice under Section 72(1) be displayed and maintained?

In accordance with Section 108(2).

What shall the notice under Section 72(1) show?

The periods during which children may be required or allowed to work on every day.

When shall the periods shown in the notice be fixed under Section 72(2)?

Beforehand.

In accordance with which provision shall the periods be fixed under Section 72(2)?

The method laid down for adult workers in Section 61.

With which provision shall the periods shown in the notice comply under Section 72(2)?

Section 71.

Which provisions of Section 61 apply to the notice under Section 72?

Sub-sections (8), (9) and (10).

What is the subject matter of Section 73?

Register of child workers.

Who shall maintain the register of child workers under Section 73(1)?

The manager of every factory in which children are employed.

When shall the register of child workers be available to the Inspector under Section 73(1)?

At all times during working hours or whenever any work is being carried on in the factory.

What particulars regarding a child worker shall be entered in the register under Section 73(1)(a)?

His name.

What particulars regarding work shall be entered under Section 73(1)(b)?

The nature of his work.

What group-related particulars shall be entered under Section 73(1)(c)?

The group, if any, in which the child is included.

What shift-related particulars shall be entered under Section 73(1)(d)?

The relay to which the child is allotted where the group works on shifts.

What certificate-related particulars shall be entered under Section 73(1)(e)?

The number of the certificate of fitness granted under Section 69.

May a child worker work before his particulars are entered in the register under Section 73(1A)?

No.

Who may prescribe the form, manner of maintenance and preservation period of the register under Section 73(2)?

The State Government.

What is the subject matter of Section 74?

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

In accordance with what shall a child worker be employed under Section 74?

The notice of periods of work for children displayed under Section 72 and the entries made beforehand against his name in the register of child workers under Section 73.

What is the subject matter of Section 75?

Power to require medical examination.

When may an Inspector require medical examination under Section 75(a)?

When he is of the opinion that a person working without a certificate of fitness is a young person.

When may an Inspector require medical examination under Section 75(b)?

When he is of the opinion that a young person holding a certificate of fitness is no longer fit to work in the capacity stated therein.

On whom shall the notice under Section 75 be served?

The manager of the factory.

What may the Inspector require by notice under Section 75?

That the person or young person be examined by a certifying surgeon.

When may the person or young person be prohibited from working under Section 75?

If the Inspector so directs, until he has been examined.

When may the person or young person resume work after examination under Section 75?

After being granted a certificate of fitness or fresh certificate under Section 69, or being certified by the certifying surgeon not to be a young person.

What is the subject matter of Section 76?

Power to make rules.

Who may make rules under Section 76?

The State Government.

What may the State Government prescribe regarding certificates of fitness under Section 76(a)?

Their forms, grant of duplicates for lost certificates, and fees for certificates, renewals and duplicates.

What may the State Government prescribe under Section 76(b)?

The physical standards to be attained by children and adolescents working in factories.

What may the State Government regulate under Section 76(c)?

The procedure of certifying surgeons under this Chapter.

What additional matters may the State Government prescribe under Section 76(d)?

Other duties of certifying surgeons, the fees for such duties and the persons by whom those fees are payable.

What is the subject matter of Section 77?

Certain other provisions of law not barred.

What is the effect of Section 77?

The provisions of this Chapter are in addition to, and not in derogation of, the provisions of the Employment of Children Act, 1938.

CHAPTER-VIII

ANNUAL LEAVE WITH WAGES

What is the subject matter of Section 78?

Application of Chapter.

What is the effect of Section 78(1)?

The provisions of this Chapter are in addition to and do not prejudice any right of a worker under any other law, award, agreement (including settlement) or contract of service.

When is a worker entitled to longer annual leave under the proviso to Section 78(1)?

When the award, agreement (including settlement) or contract of service provides for longer annual leave with wages than this Chapter.

Which provisions apply where the award, agreement or contract is silent or less favourable under the proviso to Section 78(1)?

Sections 79 to 82, so far as applicable.

To whom does this Chapter not apply under Section 78(2)?

Workers in any factory of a railway administered by the Government who are governed by leave rules approved by the Central Government.

What is the subject matter of Section 79?

Annual leave with wages.

When is a worker entitled to annual leave with wages under Section 79(1)?

When he has worked for 240 days or more in a factory during a calendar year.

When is leave under Section 79(1) available?

During the subsequent calendar year.

At what rate does an adult earn annual leave under Section 79(1)(i)?

One day for every twenty days of work performed during the previous calendar year.

At what rate does a child earn annual leave under Section 79(1)(ii)?

One day for every fifteen days of work performed during the previous calendar year.

Which days are deemed to be days worked for computing 240 days under Explanation 1(a) to Section 79(1)?

Days of lay-off by agreement, contract or as permissible under the standing orders.

How is maternity leave treated for computing 240 days under Explanation 1(b) to Section 79(1)?

Maternity leave up to twelve weeks is deemed to be days worked.

How is previously earned leave treated for computing 240 days under Explanation 1(c) to Section 79(1)?

Leave earned in the prior year and enjoyed in the current year is deemed to be days worked.

Is leave earned for deemed working days under Explanation 1 to Section 79(1)?

No.

Are holidays included in annual leave under Explanation 2 to Section 79(1)?

No, annual leave is exclusive of all holidays occurring during or at either end of the leave period.

When is a worker joining after 1st January entitled to annual leave under Section 79(2)?

When he has worked for two-thirds of the total number of days in the remainder of the calendar year.

At what rate is leave earned by a worker covered under Section 79(2)?

At the rate specified in Section 79(1)(i) or Section 79(1)(ii), as applicable.

Who is entitled to wages in lieu of leave under Section 79(3)?

A worker discharged, dismissed, quitting employment, superannuated or dying in service, or his heir or nominee, as the case may be.

Is completion of 240 days necessary for payment under Section 79(3)?

No.

At what rate are wages in lieu of leave calculated under Section 79(3)?

At the rates specified in Section 79(1).

Within what time shall wages in lieu of leave be paid where a worker is discharged, dismissed or quits employment under Section 79(3)(i)?

Before the expiry of the second working day from the date of discharge, dismissal or quitting.

Within what time shall wages in lieu of leave be paid where a worker is superannuated or dies in service under Section 79(3)(ii)?

Before the expiry of two months from the date of superannuation or death.

What is the effect of a fraction of half a day or more while calculating leave under Section 79(4)?

It shall be treated as one full day's leave.

What is the effect of a fraction of less than half a day while calculating leave under Section 79(4)?

It shall be omitted.

What happens to leave not taken by a worker under Section 79(5)?

It shall be added to the leave admissible in the succeeding calendar year.

What is the maximum leave that may be carried forward by an adult under the first proviso to Section 79(5)?

Thirty days.

What is the maximum leave that may be carried forward by a child under the first proviso to Section 79(5)?

Forty days.

When may leave be carried forward without any limit under the second proviso to Section 79(5)?

When leave applied for is refused otherwise than in accordance with the scheme under Sections 79(8) and 79(9) or in contravention of Section 79(10).

How shall a worker apply for leave under Section 79(6)?

By a written application to the manager.

How many days in advance shall a worker ordinarily apply for leave under Section 79(6)?

At least fifteen days before the leave begins.

How many days in advance shall a worker in a public utility service apply for leave under the first proviso to Section 79(6)?

At least thirty days before the leave begins.

How many times may leave be taken in a calendar year under the second proviso to Section 79(6)?

Not more than three times.

Is prior notice under Section 79(6) necessary when leave is sought due to illness under Section 79(7)?

No.

Within what time shall leave wages be paid where leave is taken due to illness under Section 79(7)?

Within fifteen days from the date of the application.

Within what time shall leave wages be paid to a worker in a public utility service where leave is taken due to illness under Section 79(7)?

Within thirty days from the date of the application.

What is the purpose of a leave scheme under Section 79(8)?

To regulate the grant of leave for ensuring continuity of work.

Who may formulate a leave scheme under Section 79(8)?

The occupier or manager of the factory.

With whom shall the leave scheme be framed under Section 79(8)?

The Works Committee, a similar committee, or in their absence, representatives of the workers chosen in the prescribed manner.

Where shall the leave scheme be lodged under Section 79(8)?

With the Chief Inspector.

In what form shall the leave scheme under Section 79(8) be lodged?

In writing.

Where shall the leave scheme be displayed under Section 79(9)?

At conspicuous and convenient places in the factory.

For how long does a leave scheme remain in force under Section 79(9)?

Twelve months from the date it comes into force.

For what period may a leave scheme be renewed under Section 79(9)?

For further periods of twelve months at a time.

Who shall renew the leave scheme under Section 79(9)?

The manager in agreement with the Works Committee, similar committee, or representatives of the workers.

When shall notice of renewal be sent to the Chief Inspector under Section 79(9)?

Before the scheme is renewed.

When may an application for leave be refused under Section 79(10)?

Only in accordance with the leave scheme in force under Sections 79(8) and 79(9).

What payment is due when a worker's employment is terminated before availing earned leave under Section 79(11)?

The amount payable under Section 80 in respect of the leave not taken.

What payment is due when a worker quits employment after applying for but not being granted leave under Section 79(11)?

The amount payable under Section 80 in respect of the leave not taken.

Within what time shall leave wages be paid where employment is terminated by the occupier under Section 79(11)?

Before the expiry of the second working day after termination.

Within what time shall leave wages be paid where the worker quits employment under Section 79(11)?

On or before the next pay day.

Is unavailed leave counted while computing the notice period before discharge or dismissal under Section 79(12)?

No.

What is the subject matter of Section 80?

Wages during leave period.

At what rate is a worker entitled to wages during leave under Section 80(1)?

At the daily average of his total full-time earnings for the days on which he actually worked during the month immediately preceding the leave.

What earnings are excluded while calculating leave wages under Section 80(1)?

Overtime wages and bonus.

What earnings are included while calculating leave wages under Section 80(1)?

Dearness allowance and the cash equivalent of the advantage accruing through the concessional sale of food grains and other articles.

How are leave wages calculated where the worker did not work during the calendar month immediately preceding the leave under the proviso to Section 80(1)?

On the basis of the daily average of his total full-time earnings for the last preceding calendar month in which he actually worked.

What items are excluded while calculating leave wages under the proviso to Section 80(1)?

Overtime wages and bonus.

What items are included while calculating leave wages under the proviso to Section 80(1)?

Dearness allowance and the cash equivalent of the advantage accruing through the concessional sale of food grains and other articles.

How shall the cash equivalent of concessional sale of food grains and other articles be computed under Section 80(2)?

As often as may be prescribed on the basis of the maximum quantity admissible to a standard family.

What is a "standard family" under Explanation 1 to Section 80(2)?

A family consisting of the worker, his or her spouse and two children below fourteen years of age requiring in all three adult consumption units.

What is an "adult consumption unit" under Explanation 2 to Section 80(2)?

The consumption unit of a male above fourteen years, with a female above fourteen counted as 0.8 unit and a child below fourteen counted as 0.6 unit.

Who may make rules under Section 80(3)?

The State Government.

What may the State Government prescribe under Section 80(3)(a)?

The manner of computing the cash equivalent of the advantage accruing through the concessional sale of food grains and other articles.

What may the State Government prescribe under Section 80(3)(b)?