REVOLVING MACHINERY
(1) In every factory in which the process of grinding is carried on there shall be permanently
affixed to or placed near each machine in use a notice indicating the maximum safe working
peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle
upon which the wheel is mounted, and the diameter of the pulley upon such shaft or
spindle necessary to secure such safe working peripheral speed.
(2) The speeds indicated in notices under sub-section (1) shall not be exceeded.
(3) Effective measures shall be taken in every factory to ensure that the safe working peripheral
speed of every revolving vessel, cage, basket, flywheel, pulley, disc or similar appliance
driven by power is not exceeded.
PRESSURE PLANT
(1) If in any factory, any plant or machinery or any part thereof is operated at a pressure
above atmospheric pressure, effective measures shall be taken to ensure that the safe
working pressure of such plant or machinery or part is not exceeded.
(2) The State Government may make rules providing for the examination and testing of any
plant or machinery such as is referred to in sub-section (1) and prescribing such other
safety measures in relation thereto as may in its opinion be necessary in any factory or
class or description of factories.
(3) The State Government may, by rules, exempt, subject to such conditions as may be specified
therein, any part of any plant or machinery referred to in sub-section (1) from the provisions
of this section.
FLOORS, STAIRS AND MEANS OF ACCESS
In every factory—
(a) All floors, steps, stairs, passages and gangways shall be of sound construction and properly
maintained and shall be kept free from obstructions and substances likely to cause persons
to slip, and where it is necessary to ensure safety, steps, stairs, passages and gangways
shall be provided with s ubstantial handrails;
(b) There shall, so far as is reasonably practicable, be provided and maintained safe means of
access to every place at which any person is at any time required to work,
(c) When any person has to work at a height from where he is likely to fall, provision shall be
made, so far as is reasonably practicable, by fencing or otherwise, to ensure the safety of
the person so working.
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PITS, SUMPS, OPENINGS IN FLOORS, ETC
(1) In every factory fixed vessel, sump, tank, pit or opening in the ground or in a floor which,
by reasons of its depth, situation, construction or contents, is or may be a source of danger,
shall be either securely covered or securely fenced.
(2) The State Government may, by order in writing, exempt, subject to such conditions as
may be prescribed, any factory or class or description of factories in respect of any vessel,
sump, tank, pit or opening from compliance with the provisions of this section.
EXCESSIVE WEIGHTS
(1) No person shall be employed in any factory to lift, carry or move any load so heavy as to
be likely to cause him injury.
(2) The State Government may make rules prescribing the maximum weights which may be
lifted, carried or moved by adult men, adult women, adolescents and children employed
in factories or in any class or description of factories or in carrying on any specified process.
PROTECTION OF EYES
In respect of any such manufacturing process carried on in any factory as may be prescribed,
being a process which involves—
(a) risk of injury to the eyes from particles or fragments thrown off in the course of the process,
or
(b) risk to the eyes by reason of exposure to excessive light, the State Government may by
rules require that effective screens or suitable goggles shall be provided for the protection
of persons employed on, or in the immediate vicinity of, the process.
PRECAUTIONS AGAINST DANGEROUS FUMES, GASES, ETC
(1) No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or
other confined space in any factory in which any gas, fume, vapour or dust is likely to be
present to such an extent as to involve risk to persons being overcome thereby, unless it is
provided with a manhole of adequate size or other effective means of egress.
(2) No person shall be required or allowed to enter any confined space as is referred to in subsection
(1), until all practicable measures have been taken to remove any gas, fume, vapour
or dust, which may be present so as to bring its level within the permissible limits and to
prevent any ingress of such gas, fume, vapour or dust and unless—
(a) a certificate in writing has been given by a competent person, based on a test carried
out by himself that the space is reasonably free from dangerous gas, fume, vapour or
dust; or
(b) such person is wearing suitable breathing apparatus and a belt securely attached to a
rope the free end of which is held by a person outside the confined space.
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PRECAUTIONS REGARDING THE USE OF PORTABLE ELECTRIC LIGHT
In any factory —
(a) no portable electric light or any other electric appliance of voltage exceeding twentyfour
volts shall be permitted for use inside any chamber, tank, vat, pit, pipe, flue or
other confined space unless adequate safety devices are provided; and
(b) if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat,
pit, pipe, flue or other confined space, no lamp or light other than that of flame-proof
construction shall be permitted to be used therein.
EXPLOSIVE OR INFLAMMABLE DUST, GAS, ETC
(1) Where in any factory any manufacturing process produces dust, gas, fume or vapour of
such character and to such extent as to be likely to explode to ignition, all practicable
measures shall be taken to prevent any such explosion by—
(a) effective enclosure of the plant or machinery used in the process;
(b) removal or prevention of the accumulation of such dust, gas, fume or vapour;
(c) exclusion or effective enclosure of all possible sources of ignition.
(2) Where in any factory the plant or machinery used in a process such as is referred to in subsection
(1) is not so constructed as to withstand the probable pressure which such an
explosion as aforesaid would produce, all practicable measures shall be taken to restrict
the spread and effects of the explosion by the provisions in the plant or machinery of
chokes, baffles, vents or other effective appliances.
(3) Where any part of the plant or machinery in a factory contains any explosive or inflammable
gas or vapour under pressure greater than atmospheric pressure, that part shall not be
opened except in accordance with the following provisions, namely :-
(a) before the fastening of any joint of any pipe connected with the part of the fastening
of the cover of any opening into the part is loosened, any flow of the gas or vapour
into the part of any such pipe shall be effectively stopped by a stop valve or other
means;
(b) before any such fastening as aforesaid is removed, all practicable measures shall be
taken to reduce the pressure of the gas or vapour in the part or pipe to atmospheric
pressure;
(c) where any such fastening as aforesaid has been loosened or removed effective measures
shall be taken to prevent any explosive or inflammable gas or vapour from entering
the part of pipe until the fastening has been secured, or, as the case may be, securely
replaced: Provided that the provisions of this sub-section shall not apply in the case of
plant or machinery installed in the open air.
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(4) No plant, tank or vessel which contains or has contained any explosive or inflammable
substance shall be subjected in any factory to any welding, brazing, soldering or cutting
operation which involves the application of heat unless adequate measures have first been
taken to remove such substance and any fumes arising therefrom or to render such
substance and fumes non-explosive or non-inflammable, and no such substance shall be
allowed to enter such plant, tank or vessel after any such operation until the metal has
cooled sufficiently to prevent any risk of igniting the substance.
(5) The State Government may by rules exempt, subject to such conditions as may be
prescribed, any factory or class or description of factories from compliance with all or any
of the provisions of this section.
PRECAUTIONS IN CASE OF FIRE
(1) In every factory, all practicable measures shall be taken to prevent outbreak of fire and its
spread, both internally and externally, and to provide and maintain - (a) safe means of
escape for all persons in the event of a fire, and (b) the necessary equipment and facilities
for extinguishing fire.
(2) Effective measures shall be taken to ensure that in every factory all the workers are familiar
with the means of escape in case of fire and have been adequately trained in the routine to
be followed in such cases.
(3) The State Government may make rules, in respect of any factory or class or description of
factories, requiring the measures to be adopted to give effect to the provisions of subsections
(1) and (2).
(4) Notwithstanding anything contained in clause (a) of sub-section (1) or sub-section (2), if
the Chief Inspector, having regard to the nature of the work carried on in any factory, the
construction of such factory, special risk to life or safety, or any other circumstances, is of
the opinion that the measures provided in the factory, whether as prescribed or not, for
the purposes of clause (a) of sub-section (1) or sub-section (2), are inadequate, he may, by,
order in writing, require that such additional measures as he may consider reasonable
and necessary, be provided in the factory before such date as is specified in the order.
POWER TO REQUIRE SPECIFICATIONS OF DEFECTIVE PARTS OR TESTS OF
STABILITY
If it appears to the Inspector that any building or part of a building or any part of the ways,
machinery or plant in a factory is in such a condition that it may be dangerous to human life or
safety, he may serve on the occupier or manager or both of the factory an order in writing
requiring him before a specified date—
(a) to furnish such drawings, specifications and other particulars as may be necessary to
determine whether such building, ways, machinery or plant can be used with safety, or
(b) to carry out such test in such manner as may be specified in the order, and to inform the
Inspector of the results thereof.
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SAFETY OF BUILDINGS AND MACHINERY
(1) If it appears to the Inspector that any building or part of a building or any part of the ways,
machinery or plant in a factory is in such a condition that it is dangerous to human life or
safety, he may serve on the occupier or manager or both of the factory an order in writing
specifying the measures which in his opinion should be adopted, and requiring them to
be carried out before a specified date.
(2) If it appears to the Inspector that the use of any building or part of a building or any part
of the ways, machinery or plant in a factory involves imminent danger to human life or
safety, he may serve on the occupier or manager or both of the factory an order in writing
prohibiting its use until it has been properly repaired or altered.
MAINTENANCE OF BUILDINGS
If it appears to the Inspector that any building or part of a building in a factory is in such a state
of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers,
he may serve on the occupier or manager or both of the factory an order in writing specifying
the measures which in his opinion should be taken and requiring the same to be carried out
before such date as is specified in the order.
SAFETY OFFICERS
(1) In every factory,—
(i) wherein one thousand or more workers are ordinarily employed, or
(ii) wherein, in the opinion of the State Government, any manufacturing process or
operation is carried on, which process or operation involves any risk of bodily injury,
poisoning or disease, or any other hazard to health, to the persons employed in the
factory, the occupier shall, if so required by the State Government by notification in
the Official Gazette, employ such number of Safety Officers as may be specified in
that notification.
(2) The duties, qualifications and conditions of service of Safety Officers shall be such as may
be prescribed by the State Government.
POWER TO MAKE RULE TO SUPPLEMENT THIS CHAPTER
The State Government may make rules requiring the provision in any factory or in any class or
description of factories of such further devices and measures for securing the safety of persons
employed therein as it may deem necessary.
CONSTITUTION OF SITE APPRAISAL COMMITTEES
(1) The State Government may, for purposes of advising it to consider applications for grant
of permission for the initial location of a factory involving a hazardous process or for the
expansion of any such factory, appoint a Site Appraisal Committee consisting of—
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(a) the Chief Inspector of the State who shall be its Chairman;
(b) a representative of the Central Board for the Prevention and Control of Water Pollution
appointed by the Central Government under section 3 of the Water (Prevention and
Control of Pollution) Act, 1974 (6 of 1974);
(c) a representative of the Central Board for the Prevention and Control of Air Pollution
referred to in section 3 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of
1981);
(d) a representative of the State Board appointed under section 4 of the Water (Prevention
and Control of Pollution) Act, 1974 (6 of 1974);
(e) a representative of the State Board for the Prevention and Control of Air Pollution
referred to in section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of
1981);
(f) a representative of the Department of Environment in the State;
(g) a representative of the Meteorological Department of the Government of India;
(h) an expert in the field of occupational health; and
(i) a representative of the Town Planning Department of the State Government, and not
more than five other members who may be co-opted by the State Government who
shall be—
(i) a scientist having specialised knowledge of the hazardous process which will be
involved in the factory,
(ii) a representative of the local authority within whose jurisdiction the factory is to
be established, and
(iii) not more than three other persons as deemed fit by the State Government.
(2) The Site Appraisal Committee shall examine an application for the establishment of a
factory involving hazardous process and make its recommendation to the State Government
within a period of ninety days of the receipt of such applications in the prescribed form.
(3) Where any process relates to a factory owned or controlled by the Central Government or
to a corporation or a company owned or controlled by the Central Government, the State
Government shall co-opt in the Site Appraisal Committee a representative nominated by
the Central Government as a member of that Committee.
(4) The Site Appraisal Committee shall have power to call for any information from the person
making an application for the establishment or expansion of a factory involving a hazardous
process.
(5) Where the State Government has granted approval to an application for the establishment
or expansion of a factory involving hazardous process, it shall not be necessary for an
applicant to obtain a further approval from the Central Board or the State Board established
COMMERCIAL & INDUSTRIAL LAWS A 109
under the Water (Prevention and Control of Pollution) Act 1974 (6 of 1974) and the Air
(Prevention and Control of Pollution) Act, 1981 (14 of 1981).
COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER
(1) The occupier of every factory involving a hazardous process shall disclose in the manner
prescribed, all information regarding dangers, including health hazards and the measures
to overcome such hazards arising from the exposure to or handling of the materials or
substances in the manufacture, transportation, storage and other processes, to the workers
employed in the factory, the Chief Inspector, the local authority within whose jurisdiction
the factory is situate and the general public in the vicinity.
(2) The occupier shall, at the time of registering the factory involving a hazardous process,
lay down a detailed policy with respect to the health and safety of the workers employed
therein and intimate such policy to the Chief Inspector and the local Authority and,
thereafter, at such intervals as may be prescribed, inform the Chief Inspector and the local
Authority of any change made in the said policy.
(3) The information furnished under sub-section (1) shall include accurate information as to
the quantity, specifications and other characteristics of wastes and the manner of their
disposal.
(4) Every occupier shall, with the approval of the Chief Inspector, draw up an on-site
emergency plan and detailed disaster control measures for his factory and make known to
the workers employed therein and to the general public living in the vicinity of the factory
the safety measures required to be taken in the event of an accident taking place.
(5) Every occupier of a factory shall, - (a) if such factory engaged in a hazardous process on
the commencement of the Factories (Amendment) Act, 1987 (2 of 1987), within a period of
thirty days of such commencement; and (b) if such factory proposes to engage in a
hazardous process at any time after such commencement, within a period of thirty days
before the commencement of such process, inform the Chief Inspector of the nature and
details of the process in such form and in such manner as may be prescribed.
(6) Where any occupier of a factory contravenes the provisions of sub-section (5), the licence
issued under section 6 to such factory shall, notwithstanding any penalty to which the
occupier of factory shall be subjected to under the provisions of this Act, be liable for
cancellation.
(7) The occupier of a factory involving a hazardous process shall, with the previous approval
of the Chief Inspector, lay down measures for the handling, usage, transportation and
storage of hazardous substances inside the factory premises and the disposal of such
substances outside the factory premises and publicise them in the manner prescribed among
the workers and the general public living in the vicinity.
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SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN RELATION TO HAZARDOUS
PROCESSES
Every occupier of a factory involving any hazardous process shall—
(a) Maintain accurate and up-to-date health records or, as the case may be, medical records,
of the workers in the factory who are exposed to any chemical, toxic or any other harmful
substances which are manufactured, stored, handled or transported and such records shall
be accessible to the workers subject to such conditions as may be prescribed;
(b) Appoint persons who possess qualifications and experience in handling hazardous
substances and are competent to supervise such handling within the factory and to provide
at the working place all the necessary facilities for protecting the workers in the manner
prescribed: Provided that where any question arises as to the qualifications and experience
of a person so appointed, the decision of the Chief Inspector shall be final;
(c) Provide for medical examination of every worker -
(i) Before such worker is assigned to a job involving the handling of, or working with, a
hazardous substance, and
(ii) While continuing in such job, and after he has ceased to work in such job, at intervals
not exceeding twelve months, in such manner as may be prescribed.
POWER OF CENTRAL GOVERNMENT TO APPOINT INQUIRY COMMITTEE
(1) The Central Government may, in the event of the occurrence of an extraordinary situation
involving a factory engaged in a hazardous process, appoint an Inquiry Committee to
inquire into the standards of health and safety observed in the factory with a view to
finding out the causes of any failure or neglect in the adoption of any measures or standards
prescribed for the health and safety of the workers employed in the factory or the general
public affected, or likely to be affected, due to such failure or neglect and for the prevention
and recurrence of such extraordinary situations in future in such factory or elsewhere.
(2) The Committee appointed under sub-section (1) shall consist of a chairman and two other
members and the terms of reference of the Committee and the tenure of office of its members
shall be such as may be determined by the Central Government according to the
requirements of the situation.
(3) The recommendations of the Committee shall be advisory in nature.
EMERGENCY STANDARDS
(1) Where the Central Government is satisfied that no standards of safety have been prescribed
in respect of a hazardous process or class of hazardous processes, or where the standards
so prescribed are inadequate, it may direct the Director-General of Factory Advice Service
and Labour Institutes or any institution specialised in matters relating to standards of
safety in hazardous processes, to lay down emergency standards for enforcement of suitable
standards in respect of such hazardous processes.
COMMERCIAL & INDUSTRIAL LAWS A 111
(2) The emergency standards laid down under sub-section (1) shall, until they are incorporated
in the rules made under this Act, be enforceable and have the same effect as if they had
been incorporated in the rules made under this Act.
PERMISSIBLE LIMITS OF EXPOSURE OF CHEMICAL AND TOXIC SUBSTANCES
(1) The maximum permissible threshold limits of exposure of chemical and toxic substances
in manufacturing processes (whether hazardous or otherwise) in any factory shall be of
the value indicated in the Second Schedule.
(2) The Central Government may, at any time, for the purpose of giving effect to any scientific
proof obtained from specialised institutions or experts in the field,, by notification in the
Official Gazette, make suitable changes in the said Schedule.
WORKERS’ PARTICIPATION IN SAFETY MANAGEMENT
(1) The occupier shall, in every factory where a hazardous process takes place, or where
hazardous substances are used or handled, set up a Safety Committee consisting of equal
number of representatives of workers and management to promote cooperation between
the workers and the management in maintaining proper safety and health at work and to
review periodically the measures taken in that behalf : Provided that the State Government
may, by order in writing and for reasons to be recorded, exempt the occupier of any factory
or class of factories from setting up such committee.
(2) The composition of the Safety Committee, the tenure of office of its members and their
rights and duties shall be such as may be prescribed.
RIGHT OF WORKERS TO WARN ABOUT IMMINENT DANGER
(1) Where the workers employed in any factory engaged in a hazardous process have
reasonable apprehension that there is a likelihood of imminent danger to their lives or
health due to any accident, they may bring the same to the notice of the occupier, agent,
manager or any other person who is incharge of the factory or the process concerned
directly or through their representatives in the Safety Committee and simultaneously bring
the same to the notice of the Inspector.
(2) It shall be the duty of such occupier, agent, manager or the person incharge of the factory
or process to take immediate remedial action if he is satisfied about the existence of such
imminent danger and send a report forthwith of the action taken to the nearest Inspector.
(3) If the occupier, agent, manager or the person incharge referred to in sub-section (2) is not
satisfied about the existence of any imminent danger as apprehended by the workers, he
shall, nevertheless, refer the matter forthwith to the nearest Inspector whose decision on
the question of the existence of such imminent danger shall be final.
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WELFARE
WASHING FACILITIES
(1) In every factory—
(a) adequate and suitable facilities for washing shall be provided and maintained for the
use of the workers therein;
(b) separate and adequately screened facilities shall be provided for the use of male and
female workers;
(c) such facilities shall be conveniently accessible and shall be kept clean.
(2) The State Government may, in respect of any factory or class or description of factories or
of any manufacturing process, prescribe standards of adequate and suitable facilities for
washing.
FACILITIES FOR STORING AND DRYING CLOTHING
The State Government may, in respect of any factory or class or description of factories, make
rules requiring the provision therein of suitable places for keeping clothing not worn during
working hours and for the drying of wet clothing.
FACILITIES FOR SITTING
(1) In every factory suitable arrangements for sitting shall be provided and maintained for all
workers obliged to work in a standing position, in order that they may take advantage of
any opportunities for rest which may occur in the course of their work.
(2) If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular
manufacturing process or working in a particular room are able to do their work efficiently
in a sitting position, he may, by order in writing, require the occupier of the factory to
provide before a specified date such seating arrangements as may be practicable for all
workers so engaged or working.
(3) The State Government may, by notification in the Official Gazette, declare that the
provisions of sub-section (1) shall not apply to any specified factory or class or description
of factories or to any specified manufacturing process.
FIRST AID APPLIANCES
(1) There shall in every factory be provided and maintained so as to be readily accessible
during all working hours first-aid boxes or cupboards equipped with the prescribed
contents, and the number of such boxes or cupboards to be provided and maintained shall
not be less than one for every one hundred and fifty workers ordinarily employed at any
one time in the factory.
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(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard.
(3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person
who holds a certificate in first-aid treatment recognized by State Government and who
shall always be readily available during the working hours of the factory.
(4) In every factory wherein more than five hundred workers are ordinarily employed there
shall be provided and maintained an ambulance room of the prescribed size, containing
the prescribed equipment and in the charge of such medical and nursing staff as may be
prescribed and those facilities shall always be made readily available during the working
hours of the factory.
CANTEENS
(1) The State Government may make rules requiring that in any specified factory wherein
more than two hundred and, fifty workers are ordinarily employed, a canteen or canteens
shall be provided and maintained by the occupier for the use of the workers.
(2) Without prejudice to the generality of the foregoing power, such rules may provide
for—
(a) The date by which such canteen shall be provided;
(b) The standards in respect of construction, accommodation, furniture and other
equipment of the canteen;
(c) The foodstuffs to be served therein and the charges which may be made therefor;
(d) The constitution of a managing committee for the canteen and representation of the
workers in the management of the canteen;
(e) the items of expenditure in the running of the canteen which are not to be taken into
account in fixing the cost of foodstuffs and which shall be borne by the employer;
(f) the delegation to the Chief Inspector, subject to such conditions as may be prescribed,
of the power to make rules under clause (c).
SHELTERS, REST ROOMS AND LUNCH ROOMS
(1) In every factory wherein more than one hundred and fifty workers are ordinarily employed,
adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for
drinking water, where workers can eat meals brought by them, shall be provided and
maintained for the use of the workers : Provided that any canteen maintained in accordance
with the provisions of section 46 shall be regarded as part of the requirements of this subsection
: Provided further that where a lunch room exists no workers shall eat any food in
the work room.
(2) The shelters or rest rooms or lunch rooms to be provided under sub-section (1) shall be
sufficiently lighted and ventilated and shall be maintained in a cool and clean condition.
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(3) The State Government may—
(a) prescribe the standards in respect of construction, accommodation, furniture and other
equipment of shelters, rest rooms and lunch rooms to be provided under this section;
(b) by notification in the Official Gazette, exempt any factory or class or description of
factories from the requirements of this section.
CRECHES
(1) In every factory wherein more than thirty women workers are ordinarily employed there
shall be provided and maintained a suitable room or rooms for the use of children under
the age of six years of such women.
(2) Such rooms shall provide adequate accommodation, shall be adequately lighted and
ventilated, shall be maintained in a clean and sanitary condition and shall be under the
charge of women trained in the care of children and infants.
(3) The State Government may make rules—
(a) prescribing the location and the standards in respect of construction, accommodation,
furniture and other equipment of rooms to be provided, under this section;
(b) requiring the provision in factories to which this section applies of additional facilities
for the care of children belonging to women workers, including suitable provision of
facilities for washing and changing their clothing;
(c) requiring the provision in any factory of free milk or refreshment or both for such
children;
(d) requiring that facilities shall be given in any factory for the mothers of such children
to feed them at the necessary intervals.
WELFARE OFFICERS
(1) In every factory wherein five hundred or more workers are ordinarily employed the
occupier shall employ in the factory such number of Welfare officers as may be prescribed.
(2) The State Government may prescribe the duties, qualifications and Conditions of service
of officers employed under sub-section (1).
POWER TO MAKE RULES TO SUPPLEMENT THIS CHAPTER
The State Government may make rules—
(a) Exempting, subject to compliance with such alternative arrangements for the welfare of
workers as may be prescribed, any factory or class or description of factories from
compliance with any of the provisions of this Chapter;
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(b) Requiring in any factory or class or description of factories that representatives of the
workers employed in the factory shall be associated with the management of the welfare
arrangements of the workers.
WEEKLY HOURS
No adult workers shall be required or allowed to work in a factory for more than forty-eight
hours in any week.
WEEKLY HOLIDAYS
(1) No adult worker shall be required or allowed to work in a factory on the first day of the
week (hereinafter referred to as the said day), unless—
(a) he has or will have a holiday for a whole day on one of the three days immediately
before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause.
(a) whichever is earlier,—
(i) delivered a notice at the office of the Inspector of his intention to require the worker to
work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory : Provided that no substitution shall be
made which will result in any worker working for more than ten days consecutively
without a holiday for a whole day.
(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of
the Inspector and a notice displayed in the factory not later than the day before the said
day or the holiday to be cancelled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said
day and has had a holiday on one of the three days immediately before it, that said day
shall, for the purpose of calculating his weekly hours of work, be included in the preceding
week.
COMPENSATORY HOLIDAYS
(1) Where, as a result of the passing of an order or the making of a rule under the provisions
of this Act exempting a factory or the workers therein from the provisions of section 52, a
worker is deprived of any of the weekly holidays for which provision is made in subsection
(1) of that section, he shall be allowed, within the month in which the holidays
were due to him or within the two months immediately following that month,
compensatory holidays of equal number to the holidays so lost.
(2) The State Government may prescribe the manner in which the holidays for which provision
is made in sub-section (1) shall be allowed.
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DAILY HOURS
Subject to the provisions of section 51, no adult worker shall be required or allowed to work in
a factory for more than nine hours in any day :
Provided that, subject to the previous approval of the Chief inspector, the daily maximum
hours specified in this section may be exceeded in order to facilitate the change of shifts.
INTERVALS FOR REST
(1) The periods of work of adult workers in a factory each day shall be so fixed that no period
shall exceed five hours and that no worker shall work for more than five hours before he
has had an interval for rest of at least half an hour.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector,
may, by written order and for the reasons specified therein, exempt any factory from the
provisions of sub-section (1) so however that the total number of hours worked by a worker
without an interval does not exceed six.
SPREADOVER
The periods of work of an adult worker in a factory shall be so arranged that inclusive of his
intervals for rest under section 55, they shall not spreadover more than ten and a half hours in
any day : Provided that the Chief Inspector may, for reasons to be specified in in writing,
increase the spreadover up to twelve hours.
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