Health
and Safety Regulations under Factories Act, 1948
The Factories
Act, 1948 sets forth the principle that workers should be protected from
sickness, disease and injury arising from their employment. Yet for millions of
workers the reality is very different. Every day, many people die as a result
of occupational accidents or work-related diseases along with that many
accidents occur on the job annually; many of these resulting in extended
absences from work. The human cost of this daily adversity is vast and the
economic burden of poor occupational safety and health is on rise. Employers
face costly early retirements, loss of skilled staff, absenteeism, and high
insurance premiums due to work-related accidents and diseases. Yet many of
these tragedies are preventable through the implementation of sound prevention,
reporting and inspection practices. Health and Safety standards on occupational
safety and health provide essential tools for governments, employers, and
workers to establish such practices and to provide for maximum safety at work.
The Factories Act adopted an global strategy to improve occupational safety and
health which included the introduction of a preventive safety and health
culture, the promotion and development of relevant instruments, and technical
assistance.
The Act
addresses the issue’s in THREE SEGMENTS:-
1) Section
11 – 20 deals with provisions relating to “HEALTH OF EMPLOYEE”
2) Section
21 – 41 deals with provision relating to “SAFETY OF EMPLOYEE”
3) Section
42 – 50 deals with provision relating to “WELFARE OF EMPLOYEE”
The problem
is the lack of knowledge of these rules. The Employee’s do not know about these
hence they suffer as employers do not implement these guidelines.
HEALTH
REGULATIONS UNDER FACTORIES ACT, 1948:-
Section
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Heading
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Content
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11
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Cleanliness
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(1) Every factory
shall be kept clean and free from effluvia arising from any drain, privy or
other nuisance, and in particular—
(a) accumulation
of dirt and refuse shall be removed daily by sweeping or by any other
effective method from the floors and benches of workrooms and from staircases
and passages, and disposed of in a suitable manner;
(b) the floor of
every workroom shall be cleaned at least once in every week by washing, using
disinfectant, where necessary, or by some other effective method;
(c) where a floor
is liable to become wet in the course of any manufacturing process to such
extent as is capable of being drained, effective means of drainage shall be
provided and maintained;
(d) all inside
walls and partitions, all ceilings or tops of rooms and all walls, sides and
tops of passages and staircases shall—
(i) where they
are 1[painted otherwise than with washable water-paint] or varnished, be
re-painted or re-varnished at least once in every period of five years; where
they are painted with washable water-paint, be re-painted with at least one
coat of such paint at least once in every period of three years and washed at
least once in every period of six months;
(ii) where they
are painted or varnished or where they have smooth impervious surfaces be
cleaned at least once in every period of fourteen months by such method as
may be prescribed;
(iii) in any other
case, be kept white washed or colour washed, and the white-washing or colour
washing shall be carried out at least once in every period of fourteen
months; all doors and window frames and other wooden or metallic framework
and shutters shall be kept painted or varnished and the painting or
varnishing shall be carried out at least once in every period of five years;
(e) The dates on
which the processes required by clause (d) are carried out shall be entered
in the prescribed register.
(2) If, in view
of the nature of the operations carried on in a factory or class or
description of factories or any part of a factory or class or description of
factories, it is not possible for the occupier to comply with all or any of the
provisions of sub-section (1), the State Government may by order exempt such
factory or class or description of factories or part from any of the
provisions of that sub-section and specify alternative methods for keeping
the factory in a clean state.
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12
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Disposal of wastes and effluents
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(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.
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13
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Ventilation and Temperature
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(1) Effective and
suitable provision shall be made in ever 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.
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14
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Dust and fume
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(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.
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15
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Artificial humidification
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(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.
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16
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Overcrowding
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(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 1[9.9 cubic metres] and of a factory built after the
commencement of this Act at least 2[14.2 cubic metres] of 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 3[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.
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17
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Lighting
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(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
workrooms 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.
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18
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Drinking water
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(1) In every
factory effective arrangements shall be made to provide and maintain at
suitable points conveniently situated for all workers employed therein a
sufficient supply of wholesome drinking water.
(2) All such
points shall be legibly marked “drinking water” in a language understood by a
majority of the workers employed in the factory, and no such point shall be
situated within 1[six metres of any washing place, urinal, latrine, spittoon,
open drain carrying sullage or effluent or any other source of contamination]
unless a shorter distance is approved in writing by the Chief Inspector.
(3) In every
factory wherein more than two hundred and fifty workers are ordinarily
employed, provision shall be made for cool drinking water during hot weather
by effective means and for distribution thereof.
(4) In respect of
all factories or any class or description of factories the State Government
may make rules for securing compliance with the provisions of sub-sections
(1), (2) and (3) and for the examination by prescribed authorities of the
supply and distribution of drinking water in factories.
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19
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Latrines and urinals.
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(1) In every
factory—
(a) sufficient
latrine and urinal accommodation of prescribed types shall be provided
conveniently situated and accessible to workers at all times while they are
at factory;
(b) separate
enclosed accommodation shall be provided for male and female workers;
(c) such
accommodation shall be adequately lighted and ventilated, and no latrine or
urinal shall, unless specially exempted in writing by the Chief Inspector,
communicate with any work room except through an intervening open space or
ventilated passage;
(d) all such
accommodation shall be maintained in a clean and sanitary condition at all
times;
(e) Sweepers
shall be employed whose primary duty it would be to keep clean latrines,
urinals and washing places.
(2) In every
factory wherein more than two hundred and fifty workers are ordinarily
employed—
(a) all latrine
and urinal accommodation shall be of prescribed sanitary types;
(b) the floors
and internal walls, up to a height of 1[ninety centimetres], of the latrines
and urinals and the sanitary blocks shall be laid in glazed tiles or
otherwise finished to provide a smooth polished impervious surface;
(c) without
prejudice to the provisions of clauses (d) and (e) of sub-section (1), the
floors, portions of the walls and blocks so laid or finished and the sanitary
pans of latrines and urinals shall be thoroughly washed and cleaned at least
once in every seven days with suitable detergents or disinfectants or with
both.
(3) The State
Government may prescribe the number of latrines and urinals to be provided in
any factory in proportion to the numbers of male and female workers
ordinarily employed therein, and provide for such further matters in respect
of sanitation in factories, including the obligation of workers in this
regard, as it considers necessary in the interest of the health of the
workers employed therein.
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20
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Spittoons
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(1) In every
factory there shall be provided a sufficient number of spittoons in
convenient places and they shall be maintained in a clean and hygienic
condition.
(2) The State
Government may make rules prescribing the type and the number of spittoons to
be provided and their location in any factory and provide for such further
matters relating to their maintenance in a clean and hygienic condition.
(3) No person
shall spit within the premises of a factory except in the spittoons provided
for the purpose and a notice containing this provision and the penalty for
its violation shall be prominently displayed at suitable places in the
premises.
(4) Whoever spits
in contravention of sub-section (3) shall be punishable with fine not
exceeding five rupees.
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SAFETY
REGULATION UNDER FACTORIES ACT, 1948:-
Section
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Heading
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Content
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21
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Fencing of machinery
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(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 1[shall be constantly maintained and kept
in position] while the parts of machinery they are fencing are in motion or
in use: 2[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.
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22
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Work on or near machinery in motion
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(1) Where in any
factory it becomes necessary to examine any part of machinery referred to in
section 21, while the machinery is in motion, or, as a result of such
examination, to carry out—
(a) in case
referred to in clause (i) of the proviso to sub-section (1) of section 21,
lubrication or other adjusting operation; or
(b) in a case
referred to in clause (ii) of the proviso aforesaid, any mounting or shipping
of belts or lubrication or other adjusting operation, while the machinery is
in motion, such examination or operation shall be made or carried out only by
a specially trained adult male worker wearing tight fitting clothing (which
shall be supplied by the occupier) whose name has been recorded in the
register prescribed in this behalf and who has been furnished with a
certificate of this appointment, and while he is so engaged,—
(a) such worker
shall not handle a belt at a moving pulley unless—
(i) the belt is
not more than fifteen centimetres in width;
(ii) the pulley is
normally for the purpose of drive and not merely a fly-wheel or balance wheel
(in which case a belt is not permissible);
(iii) the belt
joint is either laced or flush with the belt;
(iv) the belt,
including the joint and the pulley rim, are in good repair;
(v) there is
reasonable clearance between the pulley and any fixed plant or structure;
(vi) secure
foothold and, where necessary, secure handhold, are provided for the
operator; and
(vii) any ladder in
use for carrying out any examination or operation aforesaid is securely fixed
or lashed or is firmly held by a second person;
(b) without
prejudice to any other provision of this Act relating to the fencing of
machinery, every set screw, bolt and key on any revolving shaft, spindle,
wheel or pinion, and all spur, worm and other toothed or friction gearing in
motion with which such worker would otherwise be liable to come into contact,
shall be securely fenced to prevent such contact. No woman or young person
shall be allowed to clean, lubricate or adjust any part of a prime mover or
of any transmission machinery while the prime mover or transmission machinery
is in motion, or to clean, lubricate or adjust any part of any machine if the
cleaning, lubrication or adjustment thereof would expose the woman or young
person to risk of injury from any moving part either of that machine or of any
adjacent machinery.
(3) The State
Government may, by notification in the Official Gazette, prohibit, in any
specified factory or class or description of factories, the cleaning,
lubricating or adjusting by any person of specified parts of machinery when
those parts are in motion.
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23
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Employment of young persons on
dangerous machines
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(1) No young
person shall be required or allowed to work at any machine to which this
section applies, unless he has been fully instructed as to the dangers
arising in connection with the machine and the precautions to be observed
and—
(a) has received
sufficient training in work at the machine, or
(b) is under
adequate supervision by a person who has a thorough knowledge and experience
of the machine.
(2) Sub-section (1)
shall apply to such machines as may be prescribed by the State Government,
being machines which in its opinion are of such a dangerous character that
young person’s ought not to work at them unless the foregoing requirements
are complied with.
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24
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Striking gear and devices for cutting
off power
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(1) In every
factory—
(a) suitable
striking gear or other efficient mechanical appliance shall be provided and
maintained and used to move driving belts to and from fast and loose pulleys
which form part of the transmission machinery, and such gear or appliances
shall be so constructed, placed and maintained as to prevent the belt from
creeping back on to the fast pulley;
(b) Driving belts
when not in use shall not be allowed to rest or ride upon shafting in motion.
(2) In every
factory suitable devices for cutting off power in emergencies from running
machinery shall be provided and maintained in every workroom: Provided that
in respect of factories in operation before the commencement of this Act, the
provisions of this sub-section shall apply only to workrooms in which
electricity is used as power. When a device, which can inadvertently shift
from “off” to “on” position, is provided in a factory to cut off power,
arrangements shall be provided for locking the device in safe position to
prevent accidental starting of the transmission machinery or other machines
to which the device is fitted.
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25
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Self-acting machines
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No traversing part of a self-acting
machine in any factory and no material carried thereon shall, if the space
over which it runs is a space over which any person is liable to pass,
whether in the course of his employment or otherwise, be allowed to run on
its outward or inward traverse within a distance of forty-five centimetres
from any fixed structure which is not part of the machine: Provided that the
Chief Inspector may permit the continued use of a machine installed before
the commencement of this Act which does not comply with the requirements of
this section on such conditions for ensuring safety as he may think fit to
impose.
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26
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Casing of new machinery
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(1) In all
machinery driven by power and installed in any factory after the commencement
of this Act,—
(a) every set
screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be
so sunk, encased or otherwise effectively guarded as to prevent danger;
tc" (a) every set screw, bolt or key on any revolving shaft, spindle,
wheel or pinion shall be so sunk, encased or otherwise effectively guarded as
to prevent danger;"
(b) all spur,
worm and other toothed or friction gearing which does not require frequent
adjustment while in motion shall be completely encased, unless it is so
situated as to be as safe as it would be if it were completely encased.
tc" (b) all spur, worm and other toothed or friction gearing which does
not require frequent adjustment while in motion shall be completely encased,
unless it is so situated as to be as safe as it would be if it were
completely encased."
(2) Whoever sells
or lets on hire or, as agent of a seller or hirer, causes or procures to be
sold or let on hire, for use in a factory any machinery driven by power which
does not comply with the provisions of sub-section (1) or any rules made under
sub-section, shall be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to five hundred rupees
or with both. Whoever sells or lets on hire or, as agent of a seller or
hirer, causes or procures to be sold or let on hire, for use in a factory any
machinery driven by power which does not comply with the provisions of sub-section
(1) or any rules made under sub-section, shall be punishable with
imprisonment for a term which may extend to three months or with fine which
may extend to five hundred rupees or with both. The State Government may make
rules specifying further safeguards to be provided in respect of any other
dangerous part of any particular machine or class or description of machines.
The State Government may make rules specifying further safeguards to be provided
in respect of any other dangerous part of any particular machine or class or
description of machines.
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27
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Prohibition of employment of women and
children near cotton-openers
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No woman or child shall be employed in
any part of a factory for pressing cotton in which a cotton opener is at
work. Prohibition of employment of women and children near cotton-openers.—No
woman or child shall be employed in any part of a factory for pressing cotton
in which a cotton opener is at work. Provided that if the feed-end of a
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 may in any
particular case specify in writing, women and children may be employed on the
side of the partition where the feed-end is situated. Provided that if the
feed-end of a 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 may in any
particular case specify in writing, women and children may be employed on the
side of the partition where the feed-end is situated.
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28
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Hoists and lifts
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(1) In every
factory—
(a) every hoist
and lift shall be—
(i) of good
mechanical construction, sound material and adequate strength;
(ii) properly
maintained, and shall be thoroughly examined by a competent person at least
once in every period of six months, and a register shall be kept containing
the prescribed particulars of every such examination;
(b) every
hoistway and liftway shall be sufficiently protected by an enclosure fitted
with gates, and the hoist or lift and every such enclosure shall be so
constructed 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;
(c) the maximum
safe working load shall be plainly marked on every hoist or lift, and no load
greater than such load shall be carried thereon;
(d) the cage of
every hoist or lift used for carrying persons shall be fitted with a gate on
each side from which access is afforded to a landing;
(e) every gate
referred to in clause (b) or clause (d) shall be fitted with interlocking or
other efficient device to secure that the gate cannot be opened except when
the cage is at the landing and that the cage cannot be moved unless the gate
is closed.
(2) The following
additional requirements shall apply to hoists and lifts used for carrying
persons and installed or reconstructed in a factory after the commencement of
this Act, namely:—
(a) where the
cage is supported by rope or chain, there shall be at least two ropes or
chains separately connected with the cage and balance weight, and each rope
or chain with its attachments shall be capable of carrying the whole weight
of the cage together with its maximum load;
(b) efficient
devices shall be provided and maintained capable of supporting the cage
together with its maximum load in the event of breakage of the ropes, chains
or attachments;
(c) an efficient
automatic device shall be provided and maintained to prevent the cage from
over-running.
(3) The Chief
Inspector may permit the continued, use of a hoist of lift installed in a
factory before the commencement of this Act which does not fully comply with
the provisions of sub-section (1) upon such conditions for ensuring safety as
he may think fit to impose.
(4) The State
Government may, if in respect of any class or description of hoist or lift,
it is of opinion that it would be unreasonable to enforce any requirement of
sub-sections (1) and (2), by order direct that such requirement shall not
apply to such class or description of hoist or lift. Explanation.—For the
purposes of this section, no lifting machine or appliance shall be deemed to
be a hoist or lift unless it has a platform or cage, the direction or
movement of which is restricted by a guide or guides.
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29
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Lifting machines, chains, ropes and
lifting tackles
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(1) In any
factory the following provisions shall be complied with in respect of every
lifting machine (other than a hoist and lift) and every chain, rope and
lifting tackle for the purpose of raising or lowering persons, goods or
materials:—
(a) all parts,
including the working gear, whether fixed or movable, of every lifting
machine and every chain, rope or lifting tackle shall be—
(i) of good
construction, sound material and adequate strength and free from defects;
(ii) properly
maintained; and
(iii) thoroughly
examined by a competent person at least once in every period of twelve
months, or at such intervals as the Chief Inspector may specify in writing;
and a register shall be kept containing the prescribed particulars of every
such examination;
(b) no lifting
machine and no chain, rope or lifting tackle shall, except for the purpose of
test be loaded beyond the safe working load which shall be plainly marked
thereon together with an identification mark and duly entered in the
prescribed register; and where this is not practicable, a table showing the
safe working loads of every kind and size of lifting machine or chain, rope
or lifting tackle in use shall be displayed in prominent positions on the
premises;
(c) while any
person is employed or working on or near the wheel track of a travelling
crane in any place where he would be liable to be struck by the crane,
effective measures shall be taken to ensure that the crane does not approach
within 2[six metres] of that place. 3[six metres] of that place."
(2) The State
Government may make rules in respect of any lifting machine or any chain,
rope or lifting tackle used in factories—
(a) prescribing
further requirements to be complied with in addition to those set out in this
section;
(b) providing for
exemption from compliance with all or any of the requirements of this
section, where in its opinion, such compliance is unnecessary or
impracticable.
(3) For the
purposes of this section a lifting machine or a chain, rope or lifting tackle
shall be deemed to have been thoroughly examined if a visual examination
supplemented, if necessary, by other means and by the dismantling of parts of
the gear, has been carried out as carefully as the conditions permit in order
to arrive at a reliable conclusion as to the safety of the parts examined.
Explanation.—In this section,—
(a) “lifting
machine” means a crane, crab, winch, teagle, pulley block, gin wheel,
transporter or runway; “lifting tackle” means any chain sling, rope sling,
hook, shackle, swivel, coupling, socket, clamp, tray or similar appliance,
whether fixed or movable, used in connection with the raising or lowering of
persons, or loads by use of lifting machines.
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30
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Revolving machinery
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(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, fly-wheel, pulley,
disc or similar appliance driven by power is not exceeded.
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31
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Pressure Plant
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(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. 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.
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32
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Floors, stairs and means of access
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In every factory—
(a) all floors,
steps, stairs, passages and gangways shall be of sound construction and
properly maintained 65 [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 substantial 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.
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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33
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Pits, sumps openings in floors, etc
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(1) In every
factory every fixed vessel, sump, tank, pit or opening in the ground or in a
floor which, by reason 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.
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34
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Excessive weights.
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(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.
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35
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Protection of eyes
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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 immediately vicinity of,
the process
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36
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Precautions against dangerous fumes,
gases, etc
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(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.
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36 A
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Precautions regarding the use of
portable electric light
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In any factory—
(a) no portable
electric light or any other electric appliance of voltage exceeding
twenty-four 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
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37
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Explosive or inflammable dust, gas,
etc
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(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 on ignition, all
practicable measure 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
provision 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 or 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 or pipe until the fastening has been secured, or 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 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.
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38
|
Precautions in case of fire
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(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.
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39
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Power to require specifications of
defective parts or tests of stability
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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 tests in such manner as may be specified in the order, and to inform the
Inspector of the results thereof.
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40
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Safety of buildings and machinery
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(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 1[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.
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40 A
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Maintenance of buildings
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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.
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40 B
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Safety Officers
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(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 Officer shall be such as
may be prescribed by the State Government.
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WELFARE
REGULATIONS UNDER FACTORIES ACT, 1948:-
Section
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Heading
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Content
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42
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Washing facilities
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(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.
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43
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Facilities for storing and drying clothing
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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.
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44
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Facilities for sitting
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(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.
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45
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First-aid appliances
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(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 1[at any one time] in the factory. Nothing except
the prescribed contents shall be kept in a first-aid box or cupboard.
(2) 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 recognised by the State Government
and who shall always be readily available during the working hours of the
factory. 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.
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46
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Canteens
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(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; 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;
(e) the delegation to
the Chief Inspector, subject to such conditions as may be prescribed, of the
power to make rules under clause (c).
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47
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Shelters, rest rooms and lunch rooms
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(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 sub-section: Provided further
that where a lunch room exists no worker 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.
(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 Offical Gazette, exempt any factory or class or description of factories
from the requirements of this section.
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48
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Creches
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(1) In every factory
wherein more than 1[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.
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49
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Welfare officers
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(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).
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