_astement and any revision thereof to the notice of all the workers i such manner a may be prescribed nese futier 0 sevens 'sles forum 'ore 7b (1) every person who designs, mumufeetures, imparts or supplies uny article for use in any factory shall— (a) ensure, so far 25 is reasonably pravtieable, that th tarliele js 50 designed and constructed as to be safe and withot sks to the health of the workers when properly used; (h) caxsy out of arrange for the earrying out of such tests 'and examination as may be considered necessary for effective {implementation of the provisions of clause (a); (e) take such steps as may be necessary to ensure thal adeqtiate information will be available— (in connection with the use of the article in any factory; (gi) about the use for which it is designed and and (gi) about any conditions necessary wo ensure that the article, when put te such use, will be safe, and without hs to the health of the workers ; provided that where an article is designed or manufacture 4 utside indle, 1 shall be obligatory on the part of the importer ta (that the article conforms to the same standards if such article le manufactured in india, or (b) if the standards adopted in the country outside for manufacture of such actisle is above the standards adopted india, that article conforms to much standards (@) every person who undertakes to design or manufacture article for use in any lactory may carry out or arrange for 'carrying out of necessary research with a view to the discovery so far as is reesonably practicable, the elimination or minimisat fof any risks to the health or safety of workers to which the @ or article may give rise (@ nothing contained in subsections (1) and (2) shall be e strued to requite @ person to repeat the testing, examination esearch whieh has been earned out otherwise than by im or his instance in so far a itis reasonable for him to rely on the re 'hereof for the purposes of these said sub-sections (4) any duty imposed on any person by sub-sections (1) ard shall extend only to things done in the course of business eartied by him and to matters within his control (6) where a person designs, monbfactures, imports or supp am article on the basis of a written undertaking by the user of fitile to take the steps specified in such undertaking to ensure, far as (= reasonably practicable, that the article will be safe 'without risks to the health of the workers when properly used, underlaking shell have the effec: of relieving the person design 'manufacturing, importing or supplying the article from the 'imposed by clause (a) of subsection (1) to such extent ms is 'able having regard to the terms of she undertaking, (6) fee the purpotes of this seetion, an article ig not fo be re 'garded as properly used if it is used without regard to any in- {formation or adolce relating to is use which has been made available by the person who bas designed, mamufactared, imported or supplied the article eyplonation—or the purposes of this section "article" shal] include plant and machinery', 5 ip section 9 of the principal act— @) in clause (@), after the words "other public authority,", the 'words "oy with am expert" shell be inserted; (i) for clauses (9) and (e), the following elauses shall be sub stituted, namely:— () make examination of the presses, plant, machinery, aviste of substances (c) inguire tnto any aecident or dangerous oreurrence, 'whether resulting in bodily injury, disability or not, and take tn the spot of otherwise statements of any person which he 'may consider necessary for such inquiry; (@) tequive the production of aay prescribed register or any user document relsting to the factory; (c) seize, of take copies of any rogister, secord or other doe wont or any portion thereot, as ho may consider necessaty in spect of sy offense ander this act, which he has zeason to believe has beet committed; (p divect the eoeupler that any premises or any part thereot cor anything lying therein, sball be left undisturbed (whether [guverally or in particular vespects) far so long as ie necessary for the purpose of any examination under clause (6); » (o) take measurements, and photographs and make such recordings ae he considers necessary for the purpoie of any examination under clause (b), teking with him any necessary fnstrumont or equipment; (hy in case of any sitiele or substance found in any premises, besig an artile or substance which appears to him as having catised or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any pro~ feess or test (but not an a8 to damage or dostroy it unless the ftamo is, in the elzeumstances necessary, for carrying out the 'purpoces of thle act), and take possession of any such article br subetatce or a part thertot, and detain it for so long as is revedsary for such examination; (@ exercise such other powers as may be prescribed" 6 i section 13 of the principal act, amend: fret of " i() i sub-section @), for the portion beginning with the swords "a thermometer" end ending with the words "as may be pecifid" tae following shall be substituted, namely: "proper measuring instruinonts at such places and in position ax may be specified, abull be provided und such e+ sods, as may be prescribed, shell be maintained (@) for sub-section (8), the stlowing subsection shall be sstic tuted, names: - (3) 164 uppeors to te chit toxpector dat expressively high temperacuees in any factory can be reduced by the adoption ct suitable messures, ne may, without prejudice 10 the rules made under sub-section (2), serve on the occupier, an oxder in writing specifving the measures which, in bis apinion, should be adopted, a! sequteing them to be cstried out before a specified date" 7, in seetion 16 of the principal act, in sub-section 2),— (@ for the words "three hundred and itty cube feet, the sgures and words "89 cubie metres" shall be substituted; (0) tor use words "ve hundeed eubie feet", the figures and words "a cubie metres" shall be substituted; (6) for the words "iourteen feet", the figures and word "42 metres' shall be substituted, 'ent 3 section 18 4, in section 16 of the principal act, in subsection (2), for the words 'awenty 4601 of any washing place, urinal or latrine", the wands "hx metres of any washing place, urinal, latrine, spittoon, open drain 'earrying sullage or efluent or any olber soures of contamination" stall be subetituted, 4 in section 16 of the peneipal act, ln sub-section (2), in clause (8), {for the words "three fee", the words "ninety centimetres" shall be subatituted 19, in section 24 of the principal act, in sub-seetion (j); for the word? 'shall work', the words "shall be required or allowed to work" shall be substituted 1, in section 25 of the peineipal act, for the words "sighteen inches, the words "forty-five centimetres" shall be substituted, 12 in section 28 of the principal act, the following bxplanation shall big sorted at the end, namely - aen et of sretion 25, amend ction 2 bxplanation—for the purposes of this seetion, no lifting machine or appliance stall be deemed to be a holst ar ft unless it 95 hhss a platform or cage, the direction or movement of which is restrete' hy a guide or suides" 18, in section 29 of the principal act - i in sub-section (j), {s clause (c), for the words "taventy feet", the words "six metres" shall be substituted; a i) in the explanation, for clause (6b), the following lause shall bbe substituted, namely (8) "titing tack" means any chate sling, tope sling, hook, shackle, swivel, coupling, secket, clamp, tray or similar appliance, sthether fixed o movable, used in connection with raising or, lowering of persons, or load by use of lifting machines", 14 tn section 80 of the principal act, in sub-seetion (1), for the word the words "in every factory" shall be 45 in section 31 of te principal act, for subseetlon (1), the follow= tng sub-section shall be subatitated, namely: - (1) if ip any factory, any plant or machinery or any part thereof te operated at a pressure above stmoepherie presiure, effective 'measures shall be taken to ensure that the safe werking piessure of such plant or machinery or part ls nnt exceeded" 'amand teat of16, in section 32 of the prineipal act, for clause (c), the following sfause shall be substituted, pamely (0) when any person has to work at a height from where he 1 is likely to fall, provision shall be made, eo fir ns ie reasonably rsctieable, by "fencing or otherwise, to ensure the safely of the person so working" 17, for section 36 of the principal act, the following section shall be 'substituted, namely:— 5 "88 (1) no person shall be required or allowed to enter any chamber, tank, vat pit pipe, fue or other confined space in any f4etory in which'any ga, fume, vapour or dust is likely to he present to such on extent as fo invalve risk to persons being overcome thereby, unless it is provided with + manbole of adequate size ot other a5 mlective means of egress (2) no person shail be required or allowed to enter smy confined space as ig referred tg in sub-section (1), until all practicable measures, irave been taken to remove any gas fume, vapour or dust, which may be present, so as to bring its level within the permissible limits 9 and to prevent any ingress of such gas fume, vapour or dust ant! sanless— (@) 1 certificate in writing has been given by » competent person, based on test carried ott by himaelf that the space ie reasonthly free from dangerous as, fume, vapour or dust; or (b) such person is wearing suitable breathing apparatus find a belt securely attacked to rope the free end of whieh is ineld by a person outside the confined space" 18, in section 8a of the prineipal act in elause (e), after the words "or other confined space", the words "unless adequate safety devices are i shall be is provided" stall be inserted 419, for seetion 38 of the principal aet, the following section shall be substituted, namely:— 1  sey hi iy28, (1) in every factory, all practicable measures shall be taken to prevent outbresle of fre and tts spread, both internally nnd exfernally, and to provide and maintain— (a) safe means of escape for gll persons in the event of a fire, and es (0) the necestary equipment and facilities for extinguish ing fro (2) bmlective measures shall be taken to ensure that in every 'factory all the workers atv familiar with the means of eseape in ease 'of fire an! have heen adequately trained in the roatine to be followed 15 tn mich eases ' (@) the state government may make rules, in respect of any 'etry oe class or description of factories, requiring the measures £9 'be adopted to give effect to the provisions of subsections (1) and c) al (0) notscithatanding anything contained in clause (@) of subsection (1) or sib-iction (2), it the chief inspector having regard {o the mature ofthe work carved of th any factory, the consructlon of such factory, special sk to me or safety, or any ofber eieune sanees, s of the ovinion that the measures provided tn the factor, 45 'wheter as presribed of not for the purposes of cause (@) of ube section (2) or subsection @), are inadequate, he may, by order in 'wating, require that such additions! measures as he may_ consider teasonable and necessry, be provided in the factory before such dle as 1 spected fo the onder" pd nies 20, in the principal act, after chapter iv the fellowing chapter shall sonot be inserted, namely: -  chanter ster wa 'chapter iva [provisions relating to hazardous processesconit- aia (2) the state governnient may, for purposes of advising it fationot to consider applications for grant of permission for the initial location site of a factory involving w hezardous process or for the expansion of ot any such factory, appoint a site appraisal committee consisting of— eom vee (0) the chiet inspector of vie state who shall be sts chaleman;@) a representative of the central board for the prevention 'and control of water pollution appeinied by the central govern 'ment under section 3 of the water (provention and control of pollution) act, 1974; (6) a representative of the central hoard for the prevention 'anj coatiol of air pollution referred to in section 3 of the air rovention and contrel uf pollution) act, 198%; (@) a reproseniative of the state board appointed under section 4 of the water (prevention and conttol of pollution) 'act, 1974; (©) a representative of the state board for the prevention and control of air pollution reterred to in ection 5 of the air (prevention and conteol of pollution) act, 1991; g) i representative of the department of environment in the stat (0) & reproventative of the metoorulogicat department of the government of india; () an expert in the field of occupational health; ana () a representative of the town planning department of the state government, fd not more than five otler members who may be co-opted by the state government who shall be— (0 @ scientist having specialised knowledge of the hazsidous 'process which will be involved in the factory, (8) representative of tne local authosity within whose jurisdiction the factory is to be established, and pa the state government @) tho sito appraisal committee shall examing an applica: tion for the establishment of a factory involving hazardous piecese and make its recommendation to the state government within a period of ninety days of the receipt of such application in the pres cvibed form (3) where any process relates to a factory owned or controlled by the central government or to a corporation of a company owned 'ot cantzolled by the central government, the state government hall eo-opt in the site appraisal committee a representative nomi nated by the central governinent as a member of that committee, () the site appraisal committee shall have power to call for 'any informstion from the person making an application for the establishment or expansion of a factory involving a hazardous process, (6) where the state government has granted approval to an application for the establishment or expansion of factory involving hhszardous process, it shall not be necessary for an applicant to 'obtain a further approval from the central board or the state board 'slablished under the water (prevention snd control of pollution)41b, (2) the occupier of every factory involving a hazardous 'process shall diselose in the mannep preserved al! information regarding dangers, including health hazards and the measures to gvercome sich inzards atlsing from the exposure to or handling fof the materials or substances fn the manufacture, transportation, storage and other processes, to the workers employed in the factory, the chet inspoetor, the loeal authority within whose jurisdiction the factory is sv te and the general public i the viinity (2) 'the viper shall, at the time of registering the factory anvolving a liaatdons process, lay down a detailed policy with respect to the health and salety of the workers employed therein and intimate such policy £0 ghe chief inspector and the local authority i thereafter, at sued inlcrvals us may be prescribed, inform the (chief inspector and the local authority of any change made in the said policy (@ the information furnished under cubsegstion (1) shall include accurate information as to the quaptity, specication and fther characteristies of wastes and the mariner of their dieposal (4) bvcty occupier shall, with the approval of the chief inspestor, draw up sn onsite emergency plan and detailed disaster control measures for his factory and isake known to the workers employed therein and to te general public iving in the vicinity of the factory the safety measires required to be taken in the event of an accident & taking luce 18) bvery occupier of a factory: shall, - (@) if such taetory engaged in a hazardous process on the commencement of the factories (amendreent) act, 1986, within period of thirty daye of euch commencement; and (0) if such factory propeses to engage in a hazardous process 'at any time after such commencement, within a period of thirty lays betore the commencernent of sich process, inform the chief inspector of the nature and details of the process fruch form and in seh manner as may be prescribed % (0) whore any occupier of @ factory eotravenes the provisions ct sub-section (@), the leence issued under seetion 6 to such feetory shall, notwithstanding any penalty to which the oceupier or factory: 'shall be subjected to under the provisions of this act, be lisble for 'cancellation, q (7) the occupier of a factory lnvotving a bazardous procse with the previous approval of the chief inspector, lay down measures for the handling, usage, transportation and storage of hi substances inside the factory premises and the disposal of tubslances outside the factory premises and publicise thers tn manner prescribed among the workers and the general public iy aic every occupier of a factory involving any hazardoag proceus shall (@) maintain accurate and up-to-date health récorle or, othe case may be, medical records, of the workers in the factory who are exposed to any chomical, toxie or any other harmful aubstances which are 'manufactured, stared, handled or transported tnd such records shall be accessible to the workers subject to such conditions ay may be preseribed; () appoint persons who possess qualifications and experience handling hazardous substances and re competent to supervise such handling within the tacory and to provide at the working place all the necessary facilities foe protecting the workers in the manner preseribed! 5 provided that where any question arises as to the qualifeations and experience of a person sa appointed, the decision of the cchieg inspector shall be final; (©) provided for medics] examination of every worker— (@) before such worker ia assigned to « job involving the handling of, a working with, « hazsedous substance, and (®) while continuing fn such job, and after he has ceased to work in such job, at intervals not exceeding twelve 'months, in such manner ag may he preseribed power ater 'orem sent to aout con? 'ates ea 41d (j) the central government may, in the event of the occur rence of an extetordinary situation involving a factory engaged in inazardous yrocess, appoint un inquiry committee to inguire into the standards of health and safety observed in the factory with a view {finding out the causes of say sailure or neglect in the adoption of funy measures ot standards prserihed for the health and safety of the workers employed in the factory or the xeneral public affected, or fikely to be affected de to sich failure or neglect and for the pre- 'vention and reeureence of such extraordinary situatione in future in such factory of elsvehere (2) the committee sppointed wndor sub-section (1) shall consist of a chairman and tivo other members and the terms of reference of the cointhitee and the tenure of alfice of ts membere shall he such ex may be determined by the central goveenmdnt according to the requirements of the stun (8) the recommendations af the commitiee shall he advisory ia nature, 4 eardardeale, (1) where the central government is satisfied that no standards of safety hive been proscribed in respect of hazardous process a clase of haaardons processes or where the standards'so yressdequate, it may direct the direetor-goneral of factory 'adviee setvice siid labour institutes or any institution specialised 'i matters relating to standards of safety in hazardous processes, to tay down emerzeney standatile for enforeemant of suitable rfandaeas im respect of such hazarions processe: (@) the emergency standards laid down under subsection (2) 'hall, until they are bncorporcted in the mules made under thi act be enforceable and have the seme effect as if they had been incorporated in the rules made under thig ack, 457, (1) 'the maximum pormisssle threshold limits of exposure 5 of chemical and toxle aubstonens fr mumufacturing processes (whether hhazartous or otherwice) im amy factory shall be of the value indicated in the second schedule, 'peemini: be ts a exposure of che 'al and fox sub (2) the centes! government may, at any time, for the purpose of giving effect to any selontiie proot obtained fram specialived 10 instiations of expetis tn the fold, by notification in the oficial grvetle male suitable changes in the sold schedule, werk baton esate nae ang (1) the occupioe shall, in every factory where a hazardous process tikes place, or where hezanteus substances are used or ihandled, set up n safety committee consisting of equal number of 3 representatives of warkers and management to promote cooperation fetween the workers and the management in maintaining proper sniety and health at work and to review periodically the measures 'taken in that behalf: provided thot the state government may, by order in writing 2 and for reasons 10 be recorded, exempt the occupier of any factory fr class of factories from setting up such commitee (2) the composition of the safety committee, the temure of office of its members and thelr rights and duties shall be such ax may bbe prescribed 8 aih (1) whore the workers employed in any factory engased in 4 hazardous process have reasonable approhension that there is a itkethood of fmminent danzer to thelr lives or health de to any seeident, they may bring the some to the notice at the occupier, agent, manager or any osier person who is incharge of the factory 2° for the process concerned directly of theough thelr representatives in the safety committee and simultaneonsly being the same to the roti of the inspector, (2) 14 shall be the duty of such occupier, agent, manager or the rporton incharge of the factory or process to take immediste remedial 38, 'elion if he fs satisfied about the existence of such imminent danger and cond a report forthwith of the action taken to the nearest inspector, "a (@) if the occupies, agent, manager or the person incharge referred to in sub-section (2) is not satisfied about the existence of 4a 'any imminent danger ax apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the nearest thspector 'whore decision on the qitestion of the eristonce of such fmminent : danger shall he final , amand 'ment of fection cy 21, in section tof the principal aet, in the proviso to sub-section (1), 45 {for the words "docs not excood rupees seven hundred and fifty per month", the words, brackets and figures "does not exceed the wage limit specified {in subsection (6) of section 1 of the payment ot wages act, 1990, as amended from uume to ttme" shell be substituted2, in section 70 of the principal act,— (@) in sub-section (1), the proviso and the explanation shall be omitted; (®) after subrseetion (1), the following sub-section shall be 5 inserted, namely:— (1a) no femate adolescent or a male adolescent who has not attained the age of seventeen years bot who has been grantfd certificate of fitness to work i a factory as an adilt, shall be required or allowed to work in any factory except between oa 8am and 7 pal: provided that the state government may, by notification in the oficial gazette, in respect of any faelory of group of class or eeserintion of factories - (9 very the timits tala down in this sub-section so, howe 9 fever, that no such section shall authorise the employment of any female adolescent between 10 rar and 5 ast; gi) grant exemption from the provisiong of thie subsestion in case of serious emergeney where national interest is involved" 2 28 tn section 71 of the principal act, after sub-section (4) the fallow 'ng sub-section shall be inserted, namely:— "(9) no female child shall be required or allowed to work in fy factory except between 8,00 aml and 700 pl" 24 in section 80 of the principal aet, in sub-section (1)— 8 (0) for the words "shall be paid', the words "shall be entitled to ages" shall be substituted; @) the following proviso shall be inserted, namely:— "provided that in the case of a worker who has not worked 'on any day during the calendar month immediately ? his leave, he shall be paid at a rate equal yo the daily average of his total full time earnings for the days on which he actually 'worked during the last calendar month preceding his teave, in which he actually worked, exclusive of any overtime and bonus trut inclusive of deamess allowance and the cash equivalent of ey the advantage accruing through the concessional sale to the 'workers of foodgrains and other articles" 25, in section 87 of the principal act, clause (g) shall be omitted amends ent of section 7 26 after section 87 of the principal act, the fotlowing section shall insertion be inserted, namely: - par ora, 4 "81 (1) where it appears to the inspector that conditions in a powecte factory or part thereot are such tht they may exis serious hazard pro dy way of injury or death to the persone emlayed therein er to s=bly fhe generat public fn the vieny he moy, by order in welling toe the occupier of the factory, state the particars in respect of which "et | 45 'be considers the factory or part thereof to be the cause of auch | szit%° serious hazard and prohibit such occupier from etmploying ary person in the factors or any part thereot other than the minimum number of persons necessary to attend to the minimum tasks till the hazard ia romoved (2) any order issued by the inspector under sub-section (2) shall hhave effect for a period of three days unt extended by the chiet tnspector by a subsequent order, (3)_ any person aggrieved by an order of the inspector under subsection (j), und chief inspector under subsection (2), shall hhave the right to appeal to the high court (4) any person whose employment has been affected by au order issued under sub-section (j), shall be entitled to wages and ther benefits end it shall be the duly of the occupier fo provide alternative 'employment to him wherever possible and in the manner prescribed (8) the provisions of sub-section (4) shall be without prejudice to the rights of the parties under the industrial disputes act, 1947" eset: 27, in section 89 of the principal act - amend {@) for the words "the schedule", wherever they occurs, the 'words "the third schedule" shall be substituted; gi) in subsection (4), for the words "fifty rupees", the words "one thousand rupoos" shall be substituted; (w) after sub-saction (4), the following sub-section shall be 30 'added, namely:— "(8) 'the centtal government may, by notification in the 'offical gazette, add to or alter the third schedule and any such 'addition or alterstion shall have effect as if it had been made by this act" es 28, in section 90 of the principal act, in sub-section (1), for the words "the sckedule", the words "the thisd schedule" shall be substituted section ey armen ment of a8, 29, in section 91a of the principal act, after subsection (9), the following explanation shah be inserted, namely:— "explanotion—por the purposes of this setion, the report i any, gp 'submitted to the state government by the person conducting the sutvey tnder aubsgetion (j) shall be deemed to be a report submitted bby am inspecter under this act", 0 in section 8 of the principal act - amend: eet (@) for the words "three months", the words "two years" shall 35, be substituted (2) for the words "two thousand rupees", the words "one lath rupees" shall be substituted; the words "fv (¢) tor the words "seventy-five rupees", the words "one thousand rupees" shall be substituted: e (@) for the words "one thousand rupees", the words "twenty: five thoaand rupees" shall be substituted; (©) for the words "five hundsed rupe 'thousand rupees" shall be substituted mend ment of setion 1 tn section 4 of the principal act, in subssection (1) ) oe the words "six months", the words "three years" shall be substituted; (@) for the words "two hundred rupees", wherever they oseut, te words "ten thousand rupees" shall be substituted; (@) for the words "ive thousand rupees", the words "two lakhs rupees" shall be stbetituted: aity-tve 5 (ge) for the words "two thousand rupees", the words 'thousand rupees" shall be substituted; (®) for the words "one thousand rupees", the words "ten 'thousand rupees" shall be substituted, 42 in tection 95 of the principal act, for the words "three months" and "ive hundred rupees", the wards "six months' and "ten thousand rupees" shall, respectively, be substitute amend 38 in section 96 of the principal act, for the words "three monthe" land "five hundred rupees", the wards "six months" and "ten thoustnd rupees" shall, respectively, be substituted, ve iseron 15 84 alter section 96 of the principal act, the following section shalt bbe inserted, namely: penalty force tion at the prolon tee ap ac ang, 96a (1) whoever fails 10 comply with or conteavenes any of the provisions of sections 41b, 41c or aih or the rilles made thereunder, shall, in respect of such fallure or contravention, be punish- 29 able with imprisonment for 2 term which may extend to seven years 'and with fine which may extend to two lakh rupees, and in ease the {allure or contravention continues, with additional fing which may extend to five thousand rupees for "every day during which such failure or contravention continues after the conviction for the frst 45 such failure or contravention, (2) if the fatlure or contravention referred to in subsection (1) 'conlinues beyond a period of ore year after the date of conviction, the offender shall be punishable with imprisonment for a term whieh may 'extend to ten years", {p __ 35 in section 87 of the principal act, in sub-section (1), for the words "twenty rupees", the words "ive hundred rupees" shall be substituted amend rent of sectinn wr amendent of 136, in section 98 of the principal act, for the words "cine month" and "fifty rupees", the words "two months" and "one thousand rupees" shall, respectively, be substituted, 5 __37- in soction 99 of the principal act, for the wards "fifty rupees, the words 'one thousand rupees" shall be substituted, oe 'amend tent of section '8, section 100 of the prinelpal act shall be omitted omission btaeetion cy 39, after section 104 of the peineipal act, the following seetion shall bbe inserted, mamely-— bnew 'ection nus ee cf whats rclette insertionae ho4a in any proceedings for an offence for the contravt of any provision of this act or rules made thoreunder consisting of failure to comply with a duty or requirement to do something, 'shall be for the person who is alleged to have failed to comply with ench duty or, requirement, to prove that it was not reasouably practicable or, a 'the case inéy be, all "practicable measures were 'ken to satisly the duty or requirement 40, in chapter x of the principal act, after section 106, the following section shall be inserted, namely: ma juditon "10ga for the purposes of conferring jurisdiction on any court 4n felation to an offence under thig act or the rules made thereunder " fm connection with the operation of any plant, the place where the plant is for the time being situate shall be deemed to be the plite 'where such offence has been eommitied" foremers 'ani proses fet, inseiion ote 41, atter section 111 of the principal act, the following section shall bbe iniexted, namely;— : tia ight "sa every worker shall have the right to— : @) obtain from the occupies, information relating to amend sont of 'etion is +, workers' health and safety at work, (@) get trained within the factory wherever possible, or, to 'get himself sponsored by the occupier for getting, trained at a 'raining centre or institute, duly approved by the chiel inspector, where taining is imparted for workers' health and safely at work, (gh) represent to the inspector directly or through iy representative in the matter of iadequate provision for prolection of his health or safety in the factory', 42 section 115 of the prineipsl act shall be renumbered as sub section (1) thereot, and— (@) 1a subsection (2) a5 40 renumbered, for the words "three 'months', the words "yorty-fve days" shalt be substituted; i () after sub-section (2) as so renumbered, the following subsection shal! be mserted, namely:— "(@) every rule made by the state government under this 'act shall be laid, as soon as inay be after it is made, before the state legislature" 48, atter section 118 of the prineipal act, the following section shal be inserted, namely:— ¥ "118a, (1) every inspector shall treat as confidential the source cof any complaint brought fo his notice on the breach of any provision of this act, (2) no inspector shall, while making an inspection under this 'act, disclose to the oocupier, manager ot bis representative that the inspection is made in pursuance of the receipt of « complaint: rine hat nating in tie subsection satay la case in which the person who has made the complaint heen to 'isclose his name" sh ta tten 9 of the pei ac the words aay shee ew 'for the ttme being in foree" shall be inseried st the end 1 pisfore the schedule fo the principal act, the following schedules shall be inserted, namely: "th furst schedule (see scan {ase or est toone hazannous procesee ferme maallrget indus inert tone set few, spel sis refers meta! ine 'primacy motta indes, ays ltd cope, mange a alin, fons (eros at moar) sg a frost laine o soothe ghoueenng hy aed at st 4 co nding ok) nui coa latte, ce, tot gases gace cat ga, pies ga, wie gan 4 power getertng indies, 6 pulp at muser iting piper pres) inder tee fao 5 prowphatc meg © comat indies pa poland cnet (ecu sag cn, pzlom cent ad the pdt 8 9 pes dass on rete latin os in cees 10, proce adie dn parca "et dn am 2 emai a ed pe) 3 rabe gmieiongt, 1 rate pent 1 tnt nt, 1 oa a '2 oe rp a ten mae se er a sea rt es, cs)dst carbon alter and ace comte sd detromatee leake and is oceans bless (eae um and mages, eo, 2 bp coe ott, petetun ant mares events 5 —hlttimea products (ail bie, ein cai) nivogenes corpounds (yi, eatumides and her angry) -paesphonsus a espns haloges and halegeaned compounds (choise, feria, amine an tone) 10 'ponies (sig indauial plone and detonators and fs) 1 tet, fuge, habiiey ander pscides inusiee 19, sytntie raia and plastics 20, marine fire (cause id cin) indinry 2, manufacture aad repair of eel secular, 3 22 gissand ceamicr 24 ghinging or gsing of mtn 1, mifare, andig ond provesing of asbesion nd is prods 235, rrntion ofl tt fom vege ant 26, manutcte, handling ond use of bere and sbyunes conta emo ps 17, mawtcuriag procs ant opeations ining bon dubs 2% dyes ant dyeslf alos thi meaner 2% mihly tasnable ligt and ee  "the second sghedule, 5 (ge section 417) permissible levels of gertain ghemigal substnagee in work environmentsebsance el shorter - gy concentration ai 'ein ea pm mgins ppm magi ovale ee) om esi he os is m8| acclnie~         | skin    ||------------------|---------|| ain              |         ||                 |         || 5                |         || alu              |         || chioese          |         || avesia           |         ||                 |         || asien            |         || asie             |         || por)             |         || shin,            |         || e                |         || aw               |         || comps            |         || ts               |         || as)              |         || 1                | bemene  || benim            |         || 'ermon           |         || teta             |         || 4                |         || bromlae          |         || +=               |         || anon             |         || mtiete           |         || ketone           |         || mek)             |         || mtlactae         |         || tylalesl—akin    |         || soctet—mglaceete |         || apt              | newson  || 29               |         || cadnlun-dut      |         || and              |         || ies              |         || ca)              |         || caleimonde       |         || cubana)          |         || 'carton          |         || esa)             |         || 'cubs            | ita     || 25               | carton  || carbs            |         || wo               |         || codes            |         || (carbonyl        |         || coie             |         || phosgene)        |         || 'isco:           |         || (chrome          |         || eda              |         || bres             |         || at               |         || cr)              |         || 'eon             |         || sees)            |         || $5               | copper  || cotton           | dtc     || sola             |         || fomers—          |         || la               |         || (cranes          | as      || nor              |         || 4                |         || ddt              |         || idinospieay      |         || tekno)           |         |teed fk so soe ison kin a shieh a o dietrtommine ' ee pied fes ne 02s dintiobmeme wl inomen—abla  s )ons dino —ikin 1s dlophewt en ee 'nota bday) kin a 'enn skin a on syteceate = cmc) biivaltol 5 se ee ht 1 tytn ee 0 piowiso(s®) = + 2s er es a ae: fomieasd + eee § 8 myate—akia mon hoye clone ao oo histone ganide—stin sc cid lege howrie( fy a be myles fernie tots updo supe gxsotne hon 00 foe a fron oxite me fof) ool ete ate be te ad {soa ae se 100 30 uot lesb or ee ed ne fies ean st) ous fue ck me ime mabon sia gage) ates so oy, peaeotacemaniogggen 6 'hat atomescntlghwoowr 6 oms 'pntantinoennicoamouds + so motyiaestot(metiey—skia, = oe may ealiesretia cetus ethans) s nedotbunt kelemen 5 ed neto sere ' om oes | om                 | mln?      ||--------------------|-----------|| nase               |           || oe                 |           || 6                  |           || fw                 |           || nielenboo          |           || as                 |           || 8)                 |           || 0s                 |           || nas                |           || nites              |           || oe                 |           || ee                 |           || ee)                |           || 5                  |           || nisooxide          |           || fe                 |           || eco                |           || agettls            |           || robes              |           || bis                |           || ee                 |           || eek                |           || lee                |           || |                  |           || ninopendiewde      |           || 26                |           || 5                  |           || ©                  |           || oita               |           || inate              |           || fan                |           || seater             |           || owe                |           || ee                 |           || ee                 |           || ee                 |           || 1)                 |           || pethion            |           || skin               |           || x                  |           || on                 |           || os                 |           || phenolin           |           || ®                  |           || ey                 |           || rate               |           || hime)              |           || skin               |           || ame                |           || os                 |           || 02                 |           || same               |           || carns              |           || choe)              |           || or                 |           || oe                 |           || probing            |           || a8                 |           || rt                 |           || 15                 |           || mhosptorsoewd      |           || =                  |           || on                 |           || 0                  |           || phoephores         |           || rentals            |           || ae                 |           || poosphoisltiods    |           || 02                 |           || rs                 |           || os                 |           || 1                  |           || piioacid-stin      |           || or                 |           || on                 |           || os                 |           || pride              |           || so                 |           || mm                 |           || 20                 |           || sine               |           || ithon              |           || tears)             |           || $4                 |           || sons               |           || oie                |           || 5                  |           || @                  |           || sree               |           || mamoue(amletiyene) |           || was                |           || ms                 |           || sur                |           || iit                |           || a                  |           || a                  |           || spor               |           || berate             |           || 9m                 |           || mo                 |           || 25050              |           || ag                 |           || settusonc          |           || eh                 |           || 1                  |           || olewetraiol)       |           || m                  |           || om                 |           || iw                 |           || etuhidieeskin      |           || oe                 |           || ee                 |           || tabayimbongite     |           || f                  |           || o2                 |           || os                 |           || 04s                |           || teehoreetnese      |           || 5                  |           || mom                |           || ursnlmanuatianty   |           || 3                  |           || or                 |           || os                 |           || a                  | 7         || 'vinyl             |           || s                  |           || werf               |           || 3                  |           || ole                |           || (osm,              |           || psone)             |           || a                  |           || ee                 |           || ee                 |           || ed                 |           || 'ica               |           || composadts         |           || 20)                |           || c                  |           || 5                  |           || »                  |           || 35                 | denoting || 'nok               |           || aor                |           || than               |           || 4                  |           || tne                |           || diy                |           || wih                |           || at                 |           || lest               |           || 0                  |           || i                 |           || aera               |           || bw                 |           || seni               |           || subanee     | pemiile    | neneeed    | rte    ||-------------|------------|------------|--------|| sien        |            |            |        || (9          | costtce    |            |        || (6)         | cuaree     |            |        || (cern       | fast       | count      | 10600  || 6           |            |            |        || acts        |            |            |        || 10          |            |            |        || a           |            |            |        || (2)         |            |            |        || interns     |            |            |        || resin       |            |            |        || dst         |            |            |        || 10          |            |            |        || ~~          | mata       |            |        || %           |            |            |        || rsplabe     |            |            |        || qn          |            |            |        || -2          |            |            |        || 0)          |            |            |        || imtemoftota |            |            |        || at          |            |            |        || 0           |            |            |        || %           |            |            |        || cutee       |            |            |        || a           |            |            |        || (ciate      |            |            |        || :           |            |            |        || tee         |            |            |        || in          |            |            |        || ive         |            |            |        || sein        |            |            |        || cure        |            |            |        || (uy         |            |            |        || riapaie     |            |            |        || ©           |            |            |        || 5          |            |            |        || al          |            |            |        || he          |            |            |        || tts         |            |            |        || ven         |            |            |        || sina att   |            |            |        || (i          | slice      | twee       | san    || 06)         |            |            |        || teen        |            |            |        || sue         |            |            |        || ia          |            |            |        || foal        |            |            |        || nits        |            |            |        || 2           |            |            |        || ive         |            |            |        || asa         |            |            |        || ©           |            |            |        || amwrptows  |            |            |        || 5           |            |            |        || 88          |            |            |        || men        |            |            |        |46, the existing schedule to the principal act shall be re-numt as the third schedule and in the third schedule as so re-num sfter entry °22", the following entries shall be inserted, namely: - "28, beriyllium poisoning, 24, carbon monoxide, 25, coal miners' pnoumecontosis, 26, phosgene poisoning» "21, occupational cancer, 28, inoeyanates poisoning, 28 toxic nephritis" j  statement of orjects and reasons'the factories act, 1948 provides for the health, safety, weltare and other aspects of workers in factories the act is enforced uy the state governments through their factory inspectorates the act also ems powers the state governments (o frame rules so thet the local condi, tons prevailing in the state are sppropriately reflected in the enforce 'ment 'the act was last amended in 1976 for strengthening the provisions relating to safety and health at work, extending the scope of the def hon of "workers", providing for statutory health surveys, and requiring sppointment of safety officers in large factories 2 after the jost amendment to the act, there has been substantial 'modernisation and innovation in the industrial feld several chemical {industries have come up which deal with hazardous and toxie substances, 'this hs brought in its train problems of industrial safety and oceupe: onal heelth hazards, it i, therefore, considered necessary that the act 'ay be appropriately amended, among other things, to provide specifical- 1y for the safeguards to be adopted against use and handling of hazardous substances by the occupiers of factories and the laying down of emengency standards and measures 'the amendments would also include procedures {or siting of hazardous industries to ensure that hazardous and polluting 'industries are not set up in areas where they can cause adverse ellecte fon the general public provision tas slso heen made for the workers! 'acticipation in safety management 8 opportunity hes been availed ef to make the punishments provides! {in the act stricter and certain ether amendments found necessary fn the 'implementation of the act 4 the bill seeks to achieve the shove objects new dawa; purno a, sangma 'the 24th november, 1098  financial memorandumnow sestih 40d insécted under osuae 20 of the bill enables | central government to appoint faquiry commitee inthe event of ccgurance and extraordinary tual involving factory engaged hazardous press and new section 418 inseried by that clause emp 'the central goverment to dirt the director-general, factory service and labour tnotitte or anyother specialised institution to advise dwn emergency standards where no standards of safely have seite in respect of 2 harardous proces or in cases of bazar rocesees where the standands so spel ere inadequate 'these frrovisions when implemented would involve certain exp ture out of the consalidated fund of india, however, it is not po to give any specific figures of expenditure, a¢ thet would depend on 1 specific nature of enquiry te be institsted, the dimension of the prob find the amount of work to be done either by the direcior factory advice service snd labour tustitute or by the specialised in ton 'tho bm does not ihvalve any other expenditure of recurring of 'recurting nature out of the consolidated fund of tnata, memorandum regarding delegated legislationclause 4 of the bill seks to insert two now sections in the factories 'ach 1943 (hereafter referred to as the ssid act) the new section 1a jays down the general duties of the occupier of factory for ensusing health, safety and welfare at werk: ef all worker in the factory sub swetion (3) of tection 7a empowers the state government to make rules speciiying the caces where the occupier stil prepare the statement ar revision of the statement under that subsection and the manner in which sueh statement or revision shall be brought to the notice of the 'workers, : 2 clause 6 of tho bill secks to amend section 18 of the said act and empowers the state government ip make rules for the malntenaace of records in relation to measuring instruments in the factory 3 clauso 19 of the bill sacks to substitute section 22 of the eald act subsection (8) of section 88 emrowers the state government to make rules in respect of any factory or cless of destription of factories, requir- {ing measures to be adopted for the prevention and control of fire in a factory 4 clause 20 of the bill seeks to insert a new chapter after chapter iv of the raid ack, 'the new chopier makes provision relating to hhazandous processes under that chapter the state government is fempowered to make rules for specitying the form in which an application for the establishment of = factory involving hazardous process 1s to be 'made [section $1a(2)7, the manner in which the occupler of a factory involving hazmdous processes should dlsclese the information regarding the danger, incuding health hazards and measures to overcome the same {section 41b(1)}, the intervals within whieh the occupier has to inform the chief inspector regarding the changes he has made about the detafled polley [section 41b (2)}, the manner in which the occupier is to publicise the messures for the handling of usage, transport, storage and disposal of hazardous substances [41b(7)}, the cnnditions ' subject to which the rtecors in = factory shall he mace sreesible to the workers by the coeupler fseetion 410) 'jualihestions ang experience sppointed tr mupervico the handling inszardous substances within a fretery, to be protected [4ic(i)} ond the manner in which every werker js to he subjected to medics! exam nation while continnins im the ie and after he has cease to be assigned that job [settion 410 gi] 5 clause 26 of the bill secs to insert » new section bta which empowers inmectors of the factory to nevhibit employment of persons on seenunt of imminent danger till the danwer is removed tt empowers tha state government to make rales sperifving the manner ta whieh the occupier is to provide alternative employment an) the shove matters are matters of @etail or roredure and, 98 such, the delegation ef lepslative power involved fs of a normal character  annexure 'exmacrs ros nar facromns act, 1988 or 108interpetatlon 2m this act, unless there is) anything repugnant in the context - (m) "taetory" meats any promises including the precincts the () whereon ten or more workers are working, of were wo ing on any day of the preceding twelve months, and in any fof which a manufacturing process is being earried on with the fof power, or is ardinarlly so carried on, of (gi) whereon twenty er more workers are working, oe 'working on any day of the preceding twelve mont, and tn part of which a manufacturing prosess is being carried on the ald of power, or 1s ordinarily so carried on, bat does not include a mine subject to the operaticn of the railway running shed or a hotel, restaurant or eating place, explanation—for computing the number of workers for the p poses of this clause all the workers in diferent relays in a day be taken into account (n) "occupier" of & factory means the person who hes ul control over the affairs of the factory, and where the sald affairs are entrusted to a managing agent, such agent shall be deemed to bey the 'oecupier of the factory: provided that in the case of @ ship which is being repaired, or on 'which maintenanes work is being eartleg out, ina dry dock which avallable for hire— (2) the owner of the dock shall be deemed tobe the cee for the purposes of eny matter provided for by or under— (section 6, section 7, section 11 or section 12: (0) mannging agent" has the mesning assigned to it inthe ind companies: act, 131 (7) where work of te same lind is curved out by two or mand sets of workers working during different periods of the day, 'each of such sets is ealled a "rotey" and exch of such periods (sealed a "shit é 4 the stato government may, on an application made in this béhalt bby an occupier, direct, by an order in writing, that for all or any of the puurpoces of this act different departments or branches of a factory of the 'secupler specified in the application shall be treated as separate factories or that two or more factories of the oscupier specified in the application shall be treated as a single factory 9, subject to arty mules made in this behalf, an inspector may, within 'the tocal limite for which he is appointed,— (©) enter, with such assistants, being persons in the service of the government, or any local or other public authority, aa he thinks sy place whichis st or which he has eas to ble used, st () make examination of the premises, plant andl machinery, re quire the production of any prescribed register and any other docu 'ment relating to the factory, and take on the spot or otherwise state: 'ments of any persons which he may consider necessary for carrying, jut the purposes of this act: (©) exercise such oihor powers ns may be presectbed for carrying fut the purposes of this act! 'provided that no person shall be compelled under this seston to anewor any question or give any evidence tending to incriminste himselt ni     satiation ond temperate, @) the state government may prescribe a atandard of adequate ventilation and reasonable temperature for any factory or slass or descrip~ ton of factories or parts thereof and direct that a thermometer shall be provided and maintained in such place and position as may be specified (8) 1, it oppoars to the state government that in amy factory or clase tor description of factories excessively high temperatures can be reduced by such methods as whitewashing, spraying or insulating and screening out side walls or roofs or windows, or by raising the level of the root, or by {insulating the roof either by an air-space and double roof or by the use ot insulating roof materials, or by other methods, it may prescribe such of 'these or other methods a shall be adopted in the factory crowdingwa)    ' (@ without prejudice to the generality of sub-section (1), there shall 'be in every workroom of x factory in existence on the date of the comrmencement of th's act at least three hundred and fifty cubfo feot and of & factory built after the commencement of this act at least five hundred 'cubic feet of space for every worker employed therein, and for the pure [poses of this sub-sestion no account shall be taken of any space [more than fourteen feet above the level of the floor of the fa 418, @)   @) all such points shall be tegtbly marked "drinking water" janguige understood by a majority of the workers employed in the f fand no such point ahall be situated within twanty feet of any place, urinal or latrine unlete » shorter distanco is approved in bby the chief inspector a8 (1)    lateines od 'eile (2) inievery factory wherein more then two hundred and fy tre ordinarily employed— () the foors and internat seals, up to s height of thiee the latrines and urinals and the sanitary blocks shail be laid in tiles or otherwise finished to provide a smooth polished imp surface; 2 (1) no young person shall work at any machine to which this ae 'fon apples, unless he fins been fully instructed as to the dangers a fn connection with the machine and the preeautions to be observed (©) ins received sulficient tralning in work at the machine, employ sent of young dersns 'aan chines (@) is under adequate supervision by a person who be knowledge end experience of the machine sele scl 'machines 25 no traversing part of a eolf-ccting machine in any factory: material carried thereon shall, ifthe spnee over which it rans is 6 sha 'ver which any person ls liable to pass, whether in the course of bi ployment or otherwise, be allowed to run on its outward or inward trav 'within a distance of eighteen inches from any fixed structure which i 'part of the machine: provided that the chiet inspector may permit the continued rmnchine installed before the commencement of this act which does comply with the requirements of ths section on sich conditions for {ng safety as he may think fit to impose 28 (2) tn every factory - (©) every host ond lift shall be— () of good mechanical construction, sound material and quate strength; (ge) properly maintained, and shall be thoroughly 'hy a competent person at jeart once in every period of six mtand register shall be kept containing the preseribed petticulars 'of every such examination; {0) every bolstvay and litway shall be mulfeiently protected by fram nite stall be wo constructed ac to prevent any person of thine {fom being trapped between any part ofthe holat or ft and soy toot structure or moving part; {c) the maximam safe working load shall be plainly marked on sro, bntst of lft, and no los greater than such load hall be eect thereon; (2 the case of every holst or lift used for errying persone shall ie gitad wih » gate on each se trom whieh acces if htenied to landing {0 5f00 fate neterred ta tn clave: (2) oe etauie (4) shat hd camer og nothing crater ement device to scure tht the ge cat ane opened except when the cage fs at the landing and athns cage cannot be moved unless tho gate is closed, ie sige is supported by rope of chain, thete shall be at jeatt two roves or chains separately" connected nn it and eaeh rope or chain with its attachments alin seeman sde te whole weight of tte cage tyne oe maximum joad: (0) efficient devices shall be provided and ma 'upporting the cage together with its maximo a 'breakage of the ropes, chains or attachmentsy (an steen! atomiatic device shall be provid a matnttned to prevent the cage from over-runing dated es ce aehpsoy may permit the continued use ot & haat oft {pfilled ta 4 factory before the commencement of tr ae 'which does doe coup with the provisions of subaection (hy agp eet 'ons for envuring safety as he may think it to impoce (2) he state government ray fn respect of any lane op eseription sop eat ue te of colalon that it would be uneascceine ee soit ef mbaealon (0) and @), by eraer oe gtr such eless or description of hoist or itt 'aches be truck by the crane, 'atthe crane does not approwch within twenty feat of that pl  revolre(@) "sitting tate" means chain sings, rope slings, hooks, 'and swivels 0, (1) tn every room in factory in whieh the process of gelaing is carried on there shall be permanently afxed to or placed near eech 'machine in use anatice indicating the meimum safe working peciheral speed of every grindstone or abrasive wheel, the speed of the sheft ot spindle upon which the wheal is mounted, and the diameter of the pulley upon such shaft or spindle neesrary to secure such safe working peripheral speed sl (1) if in any foetory any part of the plabt or machinery wsed in @ manufacturing process is opecated at a pressure above atmospheric pres: sure effective measures shall be taken to ensure that the silo working pressure of such part is not exceeded 32, in every factory— (©) when any person has to work ata place from where he it mkely to fall a distance exceeding two metres, then, unless the place is one which provides secure foothold and, where necessary, secure 'uandhold, provision shall be made, so fer as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person s0 working 26 (1) in any factory 1 person shall enter or be permitted to enter 'any chamber, tank, vat, pt, pipe, fue or other canfined space in which dangerous fumes ate likely to be present to tach an extent as to invelve risk of persons baing avercome thereby, unless it is provided with « mam thole of adequate size op other effective means of egress g) no person in any factory shall enter or be petmitted to enter any confined space sich a8 is nefecrd ta in sub-section (1) itil all practicable measures have been tmken to remove ary fumes which may bo present 'and to prevent any ingress of fumes and unless either— () 8 certifite in writing has been given by a competent person, based on a test carried out by himself, that the space is free from dangerous fumes and fit for persons to enter, o (©) the worker is wearing suitable breathing apparatus and a belt securely attached to a rope, the free end of which is held by a person standing outside the confined space (2) suitable breathing apparatus, reviving spparatus and bells and 'ropes shall in every factory he kept ready for instant use beside anv such 'confined space as aforesaid which any person has entered, and all sich ap 'paratus shall he periodically examined and certified by a competent person to be at for use; and a sufficient murnber of persons employed in every fa 'ory: shall be trained and practised jn the use of all such apparatus and in the method of restoring respiretion (©) no peston shall be permitted to enter in any factory any boiler furnace, boiler fiue, chamber, tank, vat, pipe or other conned space for the purpose of working or making any examination therein until it has been sufficiently cooled by ventlstion or otherwise to be safe for persons to enter (6) the state government may moke rules preseribing the minimum dimensions of the manholes referred to in aub-tection (1), and may by order in writing exempt, subject to such conditions aa it may think m€ 6 imprse, any factory or class or description of fectories trom compliance 'with any of the previsions of this seston, 6a tn any factory— (@) 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, plpe, ue or other confined space; and sending the oe of pore she 'electric igs preoa tone i eee ot 28 (1) tn every factory there shell be provided such means of escape 4m ease of fire as may be prescribed @) in every factory the doors affording exit from any room shall not be tocked or fastened so that they cannot be easly and immediately open fed from the inside while any person is within the room, and all such doors, unless they are of the sliding type, shall be constructed to open oxtwards, (2) in every factory, every window, door or other exit affording a 'means of escape in case of fire, other than the means of exit in ordinary use, shall be distinctively marked in @ language understood by the majority of the workers and in red letters of adequate size or by some other effective and clearly understood sign, (4) there shall be provided in every factory effective and elearly andi ble means of giving warning in cate of fze to every person emplayed in the factory (5) a tree passage-vay giving access to each means of cetape in case of fire shall be maintained for the use of all workers in every room of @ factory (6) bitective measures shall be taken to ensure that in every factory— ed (@) wherein more than twenty workers sre ordinarily employed 4n any place above the ground floor, of () wherein explosive or highly inflammable materiste 9 or stored, all the workers are femilisr with the means of escape in case of fre and ihave been adequately trained in the routine to be followed in such ease (7) the state government may niake rules prescribing, ln respect of any factory or class or description of factories, the meuns of escape to be provided in case of fre and the nature and amount of fresighting appara~ tus to be provided snd maintained, (8) notwithstanding anything containod in sub-oction (2) or sub-tece tion (7), 4 the inspector, having regacd to the mature of the work carcied fn in the fietory, construction of the factory, special rel to life or safety cor any other circumstance, fs of the opinion that hough such meane of 'escape as may be prescribed have heen provided in the factory, the same 4s not adequate to permit safe, easy or qulsk exit of the workers in ease of fire, he may, by order in writing, require that such additional means ot 'escape or other measures ar he may consider reasonable ant! necessary 'be provided in the factory before such date esis specified in the order (9) tay question arises whether or not the means of eetape provided 4n the factory is adequate to permit safe, easy or quice exit of the workers in case of fir, the same shall be referred to the chief tnspocior, who shal, after giving the persons concerned a reasonable opportunity to represent their views, decide the same (10) any person aggrieved by the decision of the chiet inspector under sub-section (9) may, before the oxpiry of thirty doys from the dite on 'which the decision is communicaind to him, prefer an appeal tn the state government and the state government shall nftey siving the appellant 4 reasonable opportunity to represent his views, make such order in tela 'ton to the appeal as it thinks ft, power fo make ing rules, 64, (2) the state government may mike rulea defining the persone 'who hold positions af supervision or management or sre employed in a confidentis! position in a foctory er empowering the chiet taspoctor to declare any person, ther than a person defined by sich rules, as a person 'poldine position of supervision or monazement or cmployed in a confental position in a factory if, in the opinion of the chief inspector, sch petson holds ech position or is so emplovee and the provisions of this chap~ 'er, other than the provisions of clause (b) or sub-section (1) of section 68 and of the proviso to that sub-section, shall not apply to any person s0 defined or declared: provided that any person so defined or declared shall, where thie ordinary rate of wages of such prvson does not exceed rupees seven hun dred and fifty per month, be entitled to extra wages in respect of overtime work under section 59 sitet of cori feats ot 'ness ranted fo adole 10 (1) an adolescent who has boon granted a certfeste of fitness to work in a factory as an adult uncer clase (b) of nh-section (2) of section apd who while at work in a factory cartes a token giving reference to the certifente shall be dseme? to be an adult for all the purposes of chapters vi and vie: 'dhe? shat rvean provided that mo mich rolescent wha how nat attotned the ona of seventeen wears shall be employed or permitted to work in any factory during might bzplanation—por the miempats at tia ab-eortion fa period of at let twelve eonceentive fins which shall nslua an inter "ual of at least seven eonseedtive hous falling between 10 nas and 7 ant 80 (1) for the leave allowed to him under section 78 or section 79, as the ease may be, a worker shall be pald at a rate equal to the daily average of his total fulltime earnings for the days on whic he setually 'worked during the manth immediately preceding his yeave, exclualvo of any overtime and bonus but inclusive of dearness allowance and the each 'equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles, soa pera 1, where the state government 6 of opinion init any manufacturing processor operation earned on in 2 factary exposes any persons employed dn it toa serious risk of bodily injury, posoning or desease, it may make rules applicable to any factory or elas or desertion of factories in which the manufacturing, process or operation is carried on— (9) providing for issue of orders in writing ln the inspector or the chief inspector t the manager or oesupler or both ofthe factory direet- ing them to carry out sueh measures, and within such time, a may be specified in such order with a view to removing conditions dangerous {to the health of the workers, or to suspend any process, where such process constitutes, inthe opinion of the inspector or the chief inspecter, as the ease may be, imminent danger of poisoning or toxicity neti of discares 89 (1) where any worker in a factory contracts any disease specified in the schedule, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time, se may be pres: cribed @) 1€ any meiical practitioner attends on a person who is of bas been employed in a factory, and who is, or is believed by the medica) pract!- toner to be, suffering' from any disease specified im the schedule, the 'meclial practitioner shall without delay send 2 report in writing to the fice of the caef inspector stating - (@) the name and full postal address of the patient, (b) the disoase from which he balieves the patient to be slflerfing, ana (©) the name and address of the factory in which the patient is, fr was last, employed, ( where the report under sub-section (2) is conflmed to the satis faction of the chief inspector, by the certificate of a certifying surgeon of otherwise, that the person is suffering from a discase specified in the schedule, he shall pey to the medical practitioner such fee ss may be pproseribed and the foe so paid shall be recoverable as an arresr of landseveaue from the occupier of the factory in which the person contracted the disease, (@) if any medical practitioner falls to eomply with the provisions of 'sub-section (2), he shall be punishable with fine which may extend to fifty rupees 90, (1) the stste government may, if it considers it expedient so to do, appoint a competent person to inquire into the eauses af any accident occurring in a factory or into any case where a disease specified in the schedule has been, or js suspected to have been, contracted in a factory fand may also eppoint one or more persons possessing legal or special jenovslodge to ats assessors in such inqulry: setety eccupe: flonat ny savers ene enlly fe sence, maa)    + (8) any tite spent by a worker for undergoing medical examination fo furnishing information under subsection (2) shall, for the purpore of ealenlating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the factory chapter x preaunies ano prosenums $2 save as is otherwise expressly provided in this act and subject to the provisions of section 83, if in, or in respect of, any factory there | {a any contravention of sny of the provisions of this act or of any roles 'made thereunder ot of any order in writing given thereunder, the oom pier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to three 'months or with fine which may extend to two thousand rupees or with both, and if the contravention is continued after conviction, with » ther fine which may extend to seventy-five rupees for each day 'which the contravention is 99 continued: provided thet where contravention af any of the provisions of chapter iv or eny role made thereunder or under section 87 has resulted i fan accident causing death or terious bodily injury, the fine shall not be jess than one thousand rupees in the ease of an accident eausing death and five hundred rapees ia the ease of an accident eausing serious bodily injury explanction—in this section snd in section 98 "serious bodily injury" 'means an injury which involves, or in all probability will involve, the permanent toss of the use of, or permanent injury to, sny limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any one, but shall not include, the fracture of bone vz joint (not {fracture of more than one bone or joint) of any phalanges of the hand of foot,  entancal emily previous sone '94 (1) if sny person who has been convicted of any offence punisir able under section 92 is again guilty of an offence involving a contraven: tion of the same provision, he shall be punishable on a subsequent conic: tion with imprisonment for a term which may extend to six montht with fine which shall not be less than two hundred rupees but which extend to five thousand rupees or with both: 'provided that the caurt may, for any adequate and special to be mentioned in the judgment, impose a fine of less than two hundred rupees: 'provided further that where contravention of any of the provi of chapter iv or any rule made thereunder or under section 87 has ed fn an accident causing death or serious bodily injury the sne rot be less than two thousind rupees in the case of an accident causing seath and one thousand rupees in the case of an accident causing bodily injury (2) for the purposes of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission the offence for whieh the parton is subsequently being convicted, penalty sire ing im 85 whoever wilfully obstructe an inspector in the exercise of any 'power conferred on him by or under this act, or falls to produce on de mand by an inspector ang registers or other documents in his custody 'kept in pursuance of this act or of any rules made thereunder, or con seals of prevents sny worker in a factory from appearing belore, or being examined by, an inspector, shall be punishable with imprisonment for a term which may extend to tree months or with fine which may extend to flve hundred rupees or with both '9% whoever, except in so far as it may be necessary for the purposes of prosecation for any offence punishable under this act publishes ot iscloses to any person the results of an snalysis made under section 81, shall be punishable with imprisonment for a term which may ex: fend to three months or with fine which may extend to five husdred 'rupees or with both, penalty for wrong iy dae sot sulteot halve, inden oneness workers 87 (1) subject to the provisions of section 111, 1f any worker employfd in a factory contravenes any provision of this act or any rules of 'orders made thereunder, imposing any duty ot liability on workers, he shall be punishable with fine which may extend to twenty nupoce, pena rule corte tatoos 98 whoover lenowingly sty of attempts to use, as a certificate of 'ness granted to himself under section 70, a centifeate granted to an- 'other person under thet section, or who, having procured such ¢ osttifi cate knowingly allows it to be used, or an attempt t0 use it to be made, 'by another person, shall be punishable with imprisonment for a term 'which may extend to one month or with fine which may extend to fifty rupees or with both, 99 if child works in a factory on any day on which he has already been working in another factory, the parent or guardian of the child ot 'he person having custody of or control over him or obtaining any direct benefit from his wages, shall be punishable with fine which may extend to itty rupees, unless it appears to the court that the child 30 worked without the consent or eonnivance of such patent, guardian ar person penalty tor per mitng ole cmpoysane la ation ot ineertain100 (1) where the occupler of a factory is a fem or other association of individuals, any one of the individual partners or members thereat 'may be prosecuted and punished under this chapter for any ollence for 'which the oocupier of the factory is punishable: provided that the firm or aswociation may give notice to the inspector that it has nominated one of its members, residing within india to be the cceupier of the factory for the purposes of this chapier, and such 'individual shall, so tong as he is resident, be deemed to be the occupier of the factory for the purposes of this chapter, until further notice ca celling his nomination is received by the inspector or until he ceases to bbe partner or member of the firm or association, (2) whore the occupier of a factory is a company, any one of the direc- 'tors thereof, may be prosecuted and punished under this chapter for any 'offence for which the occupier of the factory is punishable: provided that the company may give notice to the inspector that it has 'ominated m director, who is resident within india to be the occupier of the factory for the purposes of this chapter, and auch director shall, o long 12s he is so resident, be deemed to be the occupier of the factory for the purposes of this chapter, until further notice cancelling his nomination ¢ reeelved by the inspector ur until he ceases to be w disector: provided further that in the exo of a factory belonging to the central - 'government or any state government of any loeal authority the person or persons appointed to manage the aff of the factory shall be deemed to be the occupier of that factory for the pueposes of this chapter ( where the owner of any promises or bullding referred to in section 18 ie not an individual, the provisions of this section shall apply to such 'owner as they apply to occuplers of factories who are not individuals,  poste tra15, all rules made under this act shall be published in the offeisl gazette, and shall be subject to the eonsltion of previous publication; and the date to be specifed under clause (3) of section 23 of the general 'clauses act, 1997, halt be not less than three months fram the date on 'which the draft of the proposed rules war published 119, the provisions of this act shall have effect notwithstanding sny- 'thing inconsistent therewith contained in the contract labour (regulation 'and abolition) act, 1970 ae tie es contained acts aim,  'the schedule (see sections 89 and 90) 'sr or normans diseases1 lend polsoning, including polsoning by any preparation or come pound of lead or their sequelae, 2, lead tetrs-ethyl poisoning 2 phosphorus pelsoning or its sequelae, 4 meroury poisoning or its sequelae 8 manganese poisoning or is sequelae 6, arsenie poisoning or its sequelae 1 polsoning by nitrous fumes, 8 carbon hisulphide polsoning i 9, benzene poisoning, including polsoning by any of it homtogues, their nitto or amido derivatives or its sequelae 410, chrome ulceration or is sequelae 11, anthrax 12, siicosis, 18, poisoning by halogens or halogen derivatives of the hydrocarbons 'of the aliphatic series14, pathological manifestations due to— (2) radium or other radio-setive substances; (0) x-rays 15 primary epithellomatous cancer' of the skin 16, toxic ansemia 17, tosie jaundice due to poisonous substances, 10, o11 cane or dermatitis due to mineral oils and compounds containing 'mineral oll base 18 byssionoas 20 asbestosis 21, occupational of contract dermatitis caused by direct contact with 'chemicals and paints these are of two types, that is, primary lnvitents and allergic sensitizers 22, noise induced hearing loss (exposure to high note levels)