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2.
INTERPRETATION. - In
this Act, unless there is anything repugnant in the subject
or context, -
(ca)
"competent person", in relation to any provision
of this Act, means a person or an institution recognised as
such by the Chief Inspector for the purposes of carrying out
tests, examinations and inspections required to be done in a
factory under the provisions of this Act having regard to -
(i) the qualifications and experience of the person and
facilities available at his disposal; or
(ii)
the qualifications and experience of the persons employed in
such institution and facilities available therein, with
regard to the conduct of such test, examinations and
inspections, and more than one person or institution can be
recognised as a competent person in relation to a factory;
(cb)
"hazardous process" means any process or activity
in relation to an industry specified to the First Schedule
where, unless special care is taken, raw materials used
therein or the intermediate or finished products,
bye-products, wastes or effluents thereof would - (i) cause
material impairment to the health of the persons engaged in
or connected therewith, or
(ii)
result in the pollution of the general environment :
Provided that the State Government may, by notification in
the Official Gazette, amend the First Schedule by way of
addition, omission or variation of any industry specified in
the said Schedule;
(k)
"manufacturing process" means any process for - (i)
making, altering, repairing, ornamenting, finishing,
packing, oiling, washing, cleaning, breaking up,
demolishing, or otherwise treating or adapting any article
or substance with a view to its use, sale, transport,
delivery or disposal, or
(ii)
pumping oil, water, sewage or any other substance; or;
(iii)
generating, transforming or transmitting power; or
(iv)
composing types for printing, printing by letter press,
lithography, photogravure or other similar process or book
binding; lra-6 ] [ lra-7 or lra-7 ]
(v)
constructing, reconstructing, repairing, refitting,
finishing or breaking up ships or vessels; (Inserted by the
Factories (Amendment) Act, 1976, w.e.f. 26-10-1976.)
(vi)
preserving or storing any article in cold storage;
(l)
"worker" means a person employed, directly or by
or through any agency (including a contractor) with or
without the knowledge of the principal employer, whether for
remuneration or not, in any manufacturing process, or in
cleaning any part of the machinery or premises used for a
manufacturing process, or in any other kind of work
incidental to, or connected with, the manufacturing process,
or the subject of the manufacturing process but does not
include any member of the armed forces of the union;
(m)
"factory" means any premises including the
precincts thereof –
(i)
whereon ten or more workers are working, or were working on
any day of the preceding twelve months, and in any part of
which a manufacturing process is being carried on with the
aid of power, or is ordinarily so carried on, or
(ii)
whereon twenty or more workers are working, or were working
on any day of the preceding twelve months, and in any part
of which a manufacturing process is being carried on without
the aid of power, or is ordinarily so carried on, but does
not include a mine subject to the operation of the Mines
Act, 1952 (35 of 1952), or a mobile unit belonging to the
armed forces of the union, a railway running shed or a
hotel, restaurant or eating place;
Explanation
I : For computing the number of workers for the purposes of
this clause all the workers in different groups and relays
in a day shall be taken into account.
Explanation
II : For the purposes of this clause, the mere fact that an
Electronic Data Processing Unit or a Computer Unit is
installed in any premises or part thereof, shall not be
construed to make it a factory if no manufacturing process
is being carried on in such premises or part thereof;
10
CERTIFYING SURGEONS. - (1)
The State Government may appoint qualified medical
practitioners to be certifying surgeons for the purposes of
this Act within such local limits or for such factory or
class or description of factories as it may assign to them
respectively.
(2) A
certifying surgeon may, with the approval of the State
Government, authorize any qualified medical practitioner to
exercise any of his powers under this Act for such period as
the certifying surgeon may specify and subject to such
conditions as the State Government may think fit to impose,
and references in this Act to a certifying surgeon shall be
deemed to include references to any qualified medical
practitioner when so authorized.
(3) No
person shall be appointed to be, or authorized to exercise
the powers of, a certifying surgeon, or having been so
appointed or authorized, continue to exercise such powers,
who is, or becomes the occupier of a factory or is or
becomes directly or indirectly interested therein or in any
process or business carried on therein or in any patent or
machinery connected therewith or is otherwise in the employ
of the factory :
Provided
that the State Government may, by order in writing and
subject to such conditions as may be specified in the order,
exempt any person or class of persons from the provisions of
this sub-section in respect of any factory or class or
description of factories.
(4)
The certifying surgeon shall carry out such duties as may be
prescribed in connection with - (a) the examination and
certification of young persons under this Act;
(b)
the examination of persons engaged in factories in such
dangerous occupations or processes as may be prescribed;
(c)
the exercising of such medical supervision as may be
prescribed for any factory or class or description of
factories where - (i) cases of illness have occurred which
it is reasonable to believe are due to the nature of the
manufacturing process carried on, or other conditions of
work prevailing, therein;
(ii)
by reason of any change in the manufacturing process carried
on or in the substances used therein or by reason of the
adoption of any new manufacturing process or of any new
substance for use in a manufacturing process, there is a
likelihood of injury to the health of workers employed in
that manufacturing process;
(iii)
young persons are, or are about to be, employed in any work
which is likely to cause injury to their health. Explanation
: In this section "qualified medical practitioner"
means a person holding a qualification granted by an
authority specified in the Schedule to the Indian Medical
Degrees Act, 1916 (7 of 1916) or in the Schedules to the
Indian Medical Council Act, 1933 (27 of 1933).
12.
DISPOSAL OF WASTES AND EFFLUENTS. - (1)
Effective arrangements shall be made in every factory for
the treatment of wastes and effluents due to the
manufacturing process carried on therein, so as to render
them innocuous, and for their disposal.
(2)
The State Government may make rules prescribing the
arrangements to be made under sub-section (1) or requiring
that the arrangements made in accordance with sub-section
(1) shall be approved by such authority as may be
prescribed.
13.
VENTILATION AND TEMPERATURE. - (1)
Effective and suitable provision shall be made in every
factory for securing and maintaining in every workroom - (a)
adequate ventilation by the circulation of fresh air, and
(b)
such a temperature as will secure to workers therein
reasonable conditions of comfort and prevent injury to
health; and in particular, - (i) walls and roofs shall be of
such material and so designed that such temperature shall
not be exceeded but kept as low as practicable;
(ii)
where the nature of the work carried on in the factory
involves, or is likely to involve, the production of
excessively high temperatures such adequate measures as are
practicable shall be taken to protect the workers therefrom,
by separating the process which produces such temperatures
from the workroom, by insulating the hot parts or by other
effective means.
(2)
The State Government may prescribe a standard of adequate
ventilation and reasonable temperature for any factory or
class or description of factories or parts thereof and
direct that [ lra-48 proper measuring instruments, at such
places and in such position as may be specified, shall be
provided and such records, as may be prescribed, shall be
maintained;
(3) If
it appears to the Chief Inspector that excessively high
temperatures in any factory can be reduced by the adoption
of suitable measures, he may, without prejudice to the rules
made under sub-section (2), serve on the occupier, an order
in writing specifying the measures which, in his opinion,
should be adopted, and requiring them to be carried out
before a specified date.
14.
DUST AND FUME. - (1)
In every factory in which, by reason of the manufacturing
process carried on, there is given off any dust or fume or
other impurity of such a nature and to such an extent as is
likely to be injurious or offensive to the workers employed
therein, or any dust in substantial quantities, effective
measures shall be taken to prevent its inhalation and
accumulation in any workroom, and if any exhaust appliance
is necessary for this purpose, it shall be applied as near
as possible to the point of origin of the dust, fume or
other impurity, and such point shall be enclosed so far as
possible.
(2) In
any factory no stationary internal combustion engine shall
be operated unless the exhaust is conducted into the open
air, and no other internal combustion engine shall be
operated in any room unless effective measures have been
taken to prevent such accumulation of fumes therefrom as are
likely to be injurious to workers employed in the room.
15.
ARTIFICIAL HUMIDIFICATION.
- (1)
In respect of all factories in which the humidity of the air
is artificially increased, the State Government may make
rules, - (a) prescribing standards of humidification;
(b)
regulating the methods used for artificially increasing the
humidity of the air,
(c)
directing prescribed tests for determining the humidity of
the air to be correctly carried out and recorded;
(d)
prescribing methods to be adopted for securing adequate
ventilation and cooling of the air in the workrooms.
(2) In
any factory in which the humidity of the air is artificially
increased, the water used for the purpose shall be taken
from a public supply, or other source of drinking water, or
shall be effectively purified before it is so used.
(3) If
it appears to an Inspector that the water used in a factory
for increasing humidity which is required to be effectively
purified under sub-section (2) is not effectively purified
he may serve on the manager of the factory an order in
writing, specifying the measures which in his opinion should
be adopted, and requiring them to be carried out before
specified date.
16.
OVERCROWDING. - (1)
No room in any factory shall be overcrowded to an extent
injurious to the health of the workers employed therein.
(2)
Without prejudice to the generality of sub-section (1),
there shall be in every workroom of a factory in existence
on the date of the commencement of this Act at least 9.9
cubic metres and of a factory built after the commencement
of this Act at least 14.2 cubic metres or space for every
worker employed therein, and for the purposes of this
sub-section no account shall be taken of any space which is
more than 4.2 metres above the level of the floor of the
room.
(3) If
the Chief Inspector by order in writing so requires, there
shall be posted in each workroom of a factory a notice
specifying the maximum number of workers who may, in
compliance with the provisions of this section, be employed
in the room.
(4)
The Chief Inspector may by order in writing exempt, subject
to such conditions, if any, as he may think fit to impose,
any workroom from the provisions of this section, if he is
satisfied that compliance therewith in respect of the room
is unnecessary in the interest of the health of the workers
employed therein.
17.
LIGHTING. (1)
In every part of a factory where workers are working or
passing there shall be provided and maintained sufficient
and suitable lighting, natural or artificial, or both.
(2) In
every factory all glazed windows and skylights used for the
lighting of the workroom shall be kept clean on both the
inner and outer surfaces and, so far as compliance with the
provisions of any rules made, under sub-section (3) of
section 13 will allow, free from obstruction.
(3) In
every factory effective provision shall, so far as is
practicable, be made for the prevention of - (a) glare,
either directly from a source of light or by reflection from
a smooth or polished surface;
(b)
the formation of shadows to such an extent as to cause
eye-strain or the risk of accident to any worker.
(4)
The State Government may prescribe standards of sufficient
and suitable lighting for factories or for any class or
description of factories or for any manufacturing process.
21.
FENCING OF MACHINERY. - (1)
In every factory the following, namely, - (i) every moving
part of a prime mover and every flywheel connected to a
prime mover, whether the prime mover or flywheel is in the
engine house or not;
(ii)
the headrace and tailrace of every water-wheel and water
turbine;
(iii)
any part of a stock-bar which projects beyond the head stock
of a lathe; and
(iv)
unless they are in such position or of such construction as
to be safe to every person employed in the factory as they
would be if they were securely fenced, the following, namely
- (a) every part of an electric generator, a motor or rotary
converter;
(b)
every part of transmission machinery; and
(c)
every dangerous part of any other machinery, shall be
securely fenced by safeguards of substantial construction
which shall be constantly maintained and kept in position
while the parts of machinery they are fencing are in motion
or in use :
Provided
that for the purpose of determining whether any part of
machinery is in such position or is of such construction as
to be safe as aforesaid, account shall not be taken of any
occasion when - (i) it is necessary to make an examination
of any part of the machinery aforesaid while it is in motion
or, as a result of such examination, to carry out
lubrication or other adjusting operation while the machinery
is in motion, being an examination or operation which it is
necessary to be carried out while that part of the machinery
is in motion, or
(ii)
in the case of any part of a transmission machinery used in
such process as may be prescribed (being a process of a
continuous nature the carrying on of which shall be, or is
likely to be, substantially interfered with by the stoppage
of that part of the machinery), it is necessary to make an
examination of such part of the machinery while it is in
motion or, as a result of such examination, to carry out any
mounting or shipping of belts or lubrication or other
adjusting operation while the machinery is in motion, and
such examination or operation is made or carried out in
accordance with the provisions of sub-section (1) of section
22.
(2)
The State Government may by rules prescribe such further
precautions as it may consider necessary in respect of any
particular machinery or part thereof, or exempt, subject to
such condition as may be prescribed, for securing the safety
of the workers, any particular machinery or part thereof
from the provisions of this section.
34.
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.
35.
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.
36.
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 sub-section (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.
37.
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 sub-section (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.
(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 there from 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.
38.
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
sub-sections (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.
45.
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.
(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.
69.
CERTIFICATES OF FITNESS. - (1)
A certifying surgeon shall, on the application of any young
person or his parent or guardian accompanied by a document
signed by the manager of a factory that such person will be
employed therein if certified to be fit for work in a
factory, or on the application of the manager of the factory
in which any young person wishes to work, examine such
person and ascertain his fitness for work in a factory.
(2)
The certifying surgeon, after examination, may grant to such
young person, in the prescribed form, or may renew - (a) a
certificate of fitness to work in a factory as a child, if
he is satisfied that the young person has completed his
fourteenth year, that he has attained the prescribed
physical standards and that he is fit for such work;
(b) a
certificate of fitness to work in a factory as an adult, if
he is satisfied that the young person has completed his
fifteenth year, and is fit for a full day's work in a
factory :
Provided
that unless the certifying surgeon has personal knowledge of
the place where the young person proposes to work and of the
manufacturing process in which he will be employed, he shall
not grant or renew a certificate under this sub-section
until he has examined such place.
(3) A
certificate of fitness granted or renewed under sub-section
(2) - (a) shall be valid only for a period of twelve months
from the date thereof;
(b)
may be made subject to conditions in regard to the nature of
the work in which the young person may be employed, or
requiring re-examination of the young person before the
expiry of the period of twelve months.
(4) A
certifying surgeon shall revoke any certificate granted or
renewed under sub-section (2) if in his opinion the holder
of it is no longer fit to work in the capacity stated
therein in a factory.
(5)
Where a certifying surgeon refuses to grant or renew a
certificate or a certificate of the kind requested or
revokes a certificate, he shall, if so requested by any
person who could have applied for the certificate or the
renewal thereof, state his reasons in writing for so doing.
(6)
Where a certificate under this section with reference to any
young person is granted or renewed subject to such
conditions as are referred to in clause (b) of sub-section
(3), the young person shall not be required or allowed to
work in any factory except in accordance with those
conditions.
(7)
Any fee payable for a certificate under this section shall
be paid by the occupier and shall not be recoverable from
the young person, his parents or guardian.
70.
EFFECT OF CERTIFICATE OF FITNESS GRANTED TO ADOLESCENT.
- (1)
An adolescent who has been granted a certificate of fitness
to work in a factory as an adult under clause (b) of
sub-section (2) of section 69, and who while at work in a
factory carries a token giving reference to the certificate,
shall be deemed to be an adult for all the purposes of
Chapters VI and VII.
(1A)
No female adolescent or a male adolescent who has not
attained the age of seventeen years but who has been granted
a certificate of fitness to work in a factory as an adult,
shall be required or allowed to work in any factory except
between 6 A.M. and 7 P.M. :
Provided
that the State Government may, by notification in the
Official Gazette, in respect of any factory or group or
class or description of factories - (i) vary the limits laid
down in this sub-section so, however, that no such section
shall authorise the employment of any female adolescent
between 10 P.M. and 5 A.M.;
(ii)
grant exemption from the provisions of this sub-section in
case of serious emergency where national interest is
involved.
(2) An
adolescent who has not been granted a certificate of fitness
to work in a factory as an adult under the aforesaid clause
(b) shall, notwithstanding his age, be deemed to be a child
for all the purposes of this Act.
75.
POWER TO REQUIRE MEDICAL EXAMINATION. - Where an Inspector is of opinion - (a) that any person working in a
factory without a certificate of fitness is a young person,
or
(b)
that a young person working in a factory with a certificate
of fitness is no longer fit to work in the capacity stated
therein, - he may serve on the manager of the factory a
notice requiring that such person or young person, as the
case may be, shall be examined by a certifying surgeon, and
such person or young person shall not, if the Inspector so
directs, be employed, or permitted to work, in any factory
until he has been so examined and has been granted a
certificate of fitness or a fresh certificate of fitness, as
the case may be, under section 69, or has been certified by
the certifying surgeon examining him not to be a young
person.
87.
DANGEROUS OPERATIONS. - Where
the State Government is of opinion that any manufacturing
process or operation carried on in a factory exposes any
persons employed in it to a serious risk of bodily injury,
poisoning or diseases, it may make rules applicable to any
factory or class or description of factories in, which the
manufacturing process or operation is carried on –
(a)
specifying the manufacturing process or operation and
declaring it to be dangerous;
(b)
prohibiting or restricting the employment of women,
adolescents or children in the manufacturing process or
operation;
(c)
providing for the periodical medical examination of persons
employed, or seeking to be employed, in the manufacturing
process or operation, and prohibiting the employment of
persons not certified as fit for such employment and
requiring the payment by the occupier of the factory of fees
for such medical examination;
(d)
providing for the protection of all persons employed in the
manufacturing process or operation or in the vicinity of the
places where it is carried on;
(e)
prohibiting, restricting or controlling the use of any
specified materials or processes in connection with the
manufacturing process or operation;
(f)
requiring the provision of additional welfare amenities and
sanitary facilities and the supply of protective equipment
and clothing, and laying down the standards thereof, having
regard to the dangerous nature of the manufacturing process
or operation;
(g)
Omitted.
88.
NOTICE OF CERTAIN ACCIDENTS. - (1)
Where in any factory an accident occurs which causes death,
or which causes any bodily injury by reason of which the
person injured is prevented from working for a period of
forty-eight hours or more immediately following the
accident, or which is of such nature as may be prescribed in
this behalf, the manager of the factory shall send notice
thereof to such authorities, and in such form and within
such time, as may be prescribed.
(2)
Where a notice given under sub-section (1) relates to an
accident causing death, the authority to whom the notice is
sent shall make an inquiry into the occurrence within one
month of the receipt of the notice or, if such authority is
not the Inspector, cause the Inspector to make an inquiry
within the said period.
(3)
The State Government may make rules for regulating the
procedure at inquiries under this section.
89.
NOTICE OF CERTAIN DISEASES. - (1)
Where any worker in a factory contracts any disease
specified in the Third Schedule, the manager of the factory
shall send notice thereof to such authorities, and in such
form and within such time as may be prescribed.
(2) If
any medical practitioner attends on a person who is or has
been employed in a factory, and who is, or is believed by
the medical practitioner to be, suffering from any disease,
specified in the Third Schedule the medical practitioner
shall without delay send a report in writing to the office
of the Chief Inspector stating - (a) the name and full
postal address of the patient,
(b)
the disease from which he believes the patient to be
suffering, and
(c)
the name and address of the factory in which the patient is,
or was last, employed.
(3)
Where the report under sub-section (2) is confirmed to the
satisfaction of the Chief Inspector, by the certificate of a
certifying surgeon or otherwise, that the person is
suffering from a disease specified in the Third Schedule, he
shall pay to the medical practitioner such fee as may be
prescribed, and the fee so paid shall be recoverable as an
arrear of land revenue from the occupier of the factory in
which the person contracted the disease.
(4) If
any medical practitioner fails to comply with the provisions
of sub-section (2), he shall be punishable with fine which
may extend to one thousand rupees.
(5)
The Central Government may, by notification in the Official
Gazette, add to or alter the Third Schedule and any such
addition or alteration shall have effect as if it had been
made by this Act.
90.
POWER TO DIRECT ENQUIRY INTO CASES OF ACCIDENT OR DISEASE.
- (1) The State Government may, if it considers it
expedient so to do, appoint a competent person to inquire
into the causes of any accident occurring in a factory or
into any case where a disease specified in the Third
Schedule has been, or is suspected to have been, contracted
in a factory, and may also appoint one or more persons
possessing legal or special knowledge to act as assessors in
such inquiry.
(2)
The person appointed to hold an inquiry under this section
shall have all the powers of a Civil Court under the Code of
Civil Procedure, 1908 (5 of 1908), for the purposes of
enforcing the attendance of witnesses and compelling the
production of documents and material objects, and may also,
so far as may be necessary for the purposes of the inquiry,
exercise any of the powers of an Inspector under this Act;
and every person required by the person making the inquiry
to furnish any information shall be deemed to be legally
bound so to do within the meaning of section 176 of the
Indian Penal Code, 1860 (45 of 1860).
(3)
The person holding an inquiry under this section shall make
a report to the State Government stating the causes of the
accident, or as the case may be, disease, and any attendant
circumstances, and adding any observations which he or any
of the assessors may think fit to make.
(4)
The State Government may, if it thinks fit, cause to be
published any report made under this section or any extracts
therefrom.
(5)
The State Government may make rules for regulating the
procedure as Inquiries under this section.
91.
POWER TO TAKE SAMPLES. - (1)
An Inspector may at any time during the normal working hours
of a factory, after informing the occupier or manager of the
factory or other person for the time being purporting to be
in charge of the factory, take in the manner hereinafter
provided a sufficient sample of any substance used or
intended to be used in the factory, such use being - (a) in
the belief of the Inspector in contravention of any of the
provisions of this Act or the rules made thereunder, or
(b) in
the opinion of the Inspector likely to cause bodily injury
to, or injury to the health of, workers in the factory.
(2)
Where the Inspector takes a sample under sub-section (1), he
shall, in the presence of the person informed under that
sub-section unless such person wilfully absents himself,
divide the sample into three portions and effectively seal
and suitably mark them, and shall permit such person to add
his own seal and mark thereto.
(3)
The person informed as aforesaid shall, if the Inspector so
requires, provide the appliances for dividing, sealing and
marking the sample taken under this section.
(4)
The Inspector shall - (a) forthwith give one portion of the
sample to the person informed under sub-section (1);
(b)
forthwith send the second portion to a Government Analyst
for analysis and report thereon;
(c)
retain the third portion for production to the Court before
which proceedings, if any, are instituted in respect of the
substance.
(5)
Any document purporting to be a report under the hand of any
Government Analyst upon any substance submitted to him for
analysis and report under this section, may be used as
evidence in any proceedings instituted in respect of the
substance.
98.
PENALTY FOR USING FALSE CERTIFICATE OF FITNESS. -
Whoever
knowingly uses or attempts to use, as a certificate of
fitness granted to himself under section 70, a certificate
granted to another person under that section, or who, having
procured such a certificate, knowingly allows it to be used,
or an attempt to use to be made, by another person, shall be
punishable with imprisonment for a term which may extend to
two months or with fine which may extend to one thousand
rupees or with both.
104.
ONUS AS TO AGE. - (1)
When any act or omission would, if a person were under a
certain age, be an offence punishable under this Act, and
such person is in the opinion of the Court prima facie under
such age, the burden shall be on the accused to prove that
such person is not under such age.
(2) A
declaration in writing by a certifying surgeon relating to a
worker that he has personally examined him and believes him
to be under the age stated in such declaration shall, for
the purposes of this Act and the rules made thereunder, be
admissible as evidence of the age of that worker.
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