27.factories Act and Case Law

CHAPTER – 27
Factories Act and Case Law
THEME
1. History of the Safety Movement and the 5. Some Abstract of the Act & Rules
Factories Act : 5.1 Safety Provisions :
1.1 Development of the Safety Movement 5.2 Health Provisions :
1.2 The Factories Act 1881 5.3 Welfare Provisions :
1.3 The Factories Act, 1891 6. The Case Law
1.4 The Factories Act, 1911 6.1 Citations under the Factories Act
1.5 The Factories Act, 1922 6.2 Section wise Citations
1.6 The Factories Act, 1934 6.3 SC Judgement on ‘Asbestosis’
1.7 The Factories Act, 1948 6.4 SC Judgement on ‘Occupier’
1.8 The Factories (Amendment) Act, 1954 6.5 SC judgement : Shriram’s Case
1.9 The Factories (Amendment) Act, 1976 6.6 SC Judgement of Radiation Protection
1.10 The Factories (Amendment) Act, 1987 6.7 TISCO Case of Imprisonment.
1.11 The Gujarat Factories (Amendment) 7. Role of the ILO for Safety, Health and Welfare:
Rule, 1995 7.1 Introduction
2. The Act and Rule at a Glance 7.2 Conventions & Recommendations
3. Subjects of the Schedules 7.3 Standards & Codes of Practice
4. Subjects of the Forms 7.4 Exchange of Technical Information &
Research
7.5 Technical Co-operation Activities
1 HISTORY OF THE SAFETY MOVEMENT AND THE

FACTORIES ACT
1.1 Development of the Safety Movement:
1.1.1 The Oldest History of Labour Laws :
Age old concept of safety in India and abroad, with brief history , has been discussed in Part 5 of
chapter-I, and Part I of chapter-7. This shows that in ancient India, the class of labourers, artisans and
artists was duly respected by the society and the problems of their livelihood, health and safety were also
considered as mentioned in old literature and in Kautilya's Arthshashtra(BC 2000).
Legal history dates back to 14th century in England. It is mentioned that the initial enactments by
the English Parliament were in the interest of employers and not in the interest of employees. The statute
of Labourers of 1349 and 1350 made labour compulsory, confined labourers to their existing places of
residence and fixed maximum rates of wages. Some of these restrictions were later on relaxed and others
extended by the Apprenticeship Act of 1562. This statute was not finally repeated until 1875.
Due to the change in political power and industrial development in England as well as in USA,
laws were passed in the interest of workers from 19 th century. Much of this legislation was aimed to
promote safety and health of the workers.
Fundamentals of Industrial Safety and Health 27- 1 Factories Act and Case Law
As early as 1898, the US supreme court upheld a Utah Statute prohibiting women employment in
mines for more than 8 hours a day.
Initially the need of legislation was justified by the courts for children and women and not for
adult men. Following old citations clarify this
1. Labour legislation may be enacted which applies to children and not to adults. Regulation of
hours of labour may be made for women and not for men'[Muller v/s Oregon, 208 US 412
(1908)].
2. Regulation of hours of labour may be made to apply to especially unhealthful occupations and not
to others' [Holden v/s Hardy, 169 US 366 (1898)].
An Oregeon statute of 1903 limited to 10 hours a day the labour of women in factories, laundries
and mechanical establishments. The US court upheld this law in 1908, constitutional justifying the
injurious effects of long hours of labour upon the health of women. In 1915, the same court also upheld
the more drastic California statute limiting the labour of women in certain industries to 8 hours a day and
48 hours a week as a reasonable exercise of law [Miller v/s. Wilson, 236 US 373 (1915)]
Child labour laws were adopted and justified in almost all countries. The state was considered to
be a guardian and its parental rights were upheld by the courts to fix the age-limit below which children
shall not be employed, to regulate their working hours and to prohibit their employment in dangerous
occupation.
1.1.2 History of Labour Legislation in England:
The common law foundation of labour laws in England was described in the words protection and
improvement. Three reasons were given for such justification :
1. To protect exploitation of defenceless workers by avaricious employers.

2. Looking to the complexity of industrial organisations and operations, without compulsion of
law, it was not possible to safeguard the physical, mental and economic interests of the workers.
3. Protection and improvement of standards of employment were necessary also for social welfare
and progress.
In 18th century the development of labour legislation in England was speeded, with the
development of more and more industries. The agitation of Robert Peel and Robert Owen resulted in the
Health and Morals Act to regulate the labour of bound children in cotton factories in 1802. Children were
protected by the second of the Factory Acts enacted in 1819. In 1883 all textile mills were brought under
regulation and provisions were made for-
1. Prohibition of child employment under 9 years of age and also during night hours.
2. Children between 9 to 13 years, might work for 8 hours a day.
3. Young persons between 13 to 18 years, might work for 12 hours.
4. Holidays.
5. Certificate of fitness
6. Factory Inspectors for enforcement of the Act.
7. The Children's Half-time Act of 1844 provided for -
1. Safe guarding of machinery.
2. Accident reports.
3. Public prosecution.
4. Damages(Compensation) for accidents.
5. Employment of children for half-time only, the other half to be spent in school.
6. Young persons including women, of age 13 to 18, to work for 12 hours a day and not
during night.
The Ten-Hour Act, 1847 secured the 10 hour day for women and young persons.
But all these measures failed to reach the thousands of women and children who were working in
mines. The Mines and Collieries Act of 1842 was enacted to prohibit the employment of women and
children under 10 years of age in underground mines.
The Factory Acts were extended to all large industries in 1864 and to smaller workshops in 1867.
In 1878 the Factory and Workshop Consolidation Act repealed all former laws and substituted a Factory
Code which made regulations more stringent. The new Factory Code of 1902 raised the minimum age for
child workers from II to 12 years.
For workers' social welfare, enactments were passed in England regarding Workmen's
compensation, contract labour, sickness insurance, unemployment insurance, old age pensions, etc.
The law relating to factories in England is to be found not only in the Factories Acts of 1937,
1948 and 1961 but also in several orders and regulations issued by the Ministry of Labour.
The Boiler Explosions Act of 1882 and 189C provided for inquiry in an accident of boiler
explosion.
1.1.3 Stages of Development of Safety Movement:
As per the Encyclopaedia of Sciences (Macmillar Co.) the safety movement developed in five
stages :
1. The improvement of the environment or the removal of physical hazards.

2. The improvement of personal practices through a combination of education and supervision.
3. The management's direct involvement at a lower level in safety problems. This leads to the setting
up of various departments specifically charged with responsibility of ensuring the safety, health
and the efficiency of the workers such as Personnel, Medical, Safety, Industrial Hygiene and
Training.
4. With the growing complexity of industry and the recognition that safety is an essential element in
the profitability and the effective functioning of the enterprise, safety was accorded front rank
status. It was accepted that safety cannot be viewed in isolation, but has to be considered as an
essential element in an integrated approach to the planning, organisation and operation of an
industrial enterprise and not something to be super-imposed of an existing organisation. Safety
should be considered from the design stage and extended to the product safety and total loss
control.
5. It is in fact a co-operative effort on the part of industries to prepare codes and standards to pool
and disseminate information of technical aspects relating to safety.
1.1.4 History of Factory Legislation in India :
The first time the public attention was drawn towards a report in 1873, 'Administration of the
Bombay Cotton Department wherein the writer Major Moore described the factory conditions in Bombay
with reference to long working hours, conditions of women and children of six years working from
sunrise to sunset with a small interval of half an hour and only two holidays in a month.
Based on this report the Secretary of State wrote to the Bombay Government in 1875 to appoint a
Commission to determine whether legislation was necessary in that subject. As a result the Commission
was appointed by a majority of seven against two not in favour of legislation.
About this time Miss Carpenter of Bristol, founder of the National Indian Association, had visite'd
India and made inquiries about the Indian factory conditions.
Exploitation of child labour and the unrestricted employment of women were among the worst
features of earlier factories in India. Maj. Moore, Mr. Ballard and Mr. Alexander Redgrave were' some of
the earliest to urge the necessity for factory legislation in India on the lines of the British Factories Act to
check these evils. Almost simultaneously, the Lancashire Cotton interests, apprehensive at the
phenomena growth of the Indian Cotton Industry, also started an agitation for achieving the same object,
their aim being directed towards neutralising the advantages the Indian capitalists had with regard to
cheap labour. Such extraneous considerations resulted in the merits of legislation being obscured and a
counter agitation was therefore, started by the Indian capitalists against any form of legislative enactment.
A commission set up in 1875 by the Bombay Government at the instance of the Secretary of State
recommended prohibition of employment of children under 8 years and a 12 hours day for adults.
1.2 The Factories Act, 1881 :
Some leaders like S.S. Bengalee fought for the labour's cause and were mainly responsible for
getting a bill referred to the Indian Legislature in 1879. An organised body of workers also put in a
strong plea before the legislature for redress of their grievances. Finally, the first Indian Factories Act,
1881 (15th of 1881) was enacted. The most important provisions therein were:
1. Prohibition of employment of children under 7 years and their double employment on the same
day.
2. Working day of 9 hours for children.
3. Four holidays in a month for children.
4. Intervals of rest.
5. Fencing of dangerous parts of machinery.
6. Reporting of accidents.
7. The Act was made applicable to a factory with mechanical power and workers 100 or more.
8. District Officers, were expected to enforce the Act without any addition to their staff.
The clauses related to the work of women and holidays for them were dropped owing to 'the
strong criticism by the employers.
The Act, though inadequate from almost all points to the abuses, nevertheless was significant in
that it secured recognition of the principle that Government would interfere in the industrial relations to
protect the weak and oppressed.
1.3 The Factories Act 1891 :
The inadequacy of the 1881 Act led to continued agitation by workers, under the leadership of
Bengalee for its amendment. Meade King in 1882, after investigating labour conditions on behalf of the
Bombay Government, made recommendations for amending it. Later on a commission sat in 1884 and
considered the question in detail. During the sitting of the commission, the labour movement was
increased, the workers met in a conference and .placed their view points before the Commission.
Bengalee and Lokhanday took a prominent part in the Conference.
The agitation for protecting labour gathered momentum following the publication in 1886-S7 in
England of the report of Mr. Jones who had studied the factory conditions in Bombay during the period
1883-86. In 1890, a Factory Labour Commission was appointed by the Indian Government to again
review the position and make suitable recommendations. Finally, the Indian Factories Act, 1891 (No. II
of 1891) was passed and came into force from 1-1-1892. Its main provisions were:
1. Registration of a factory on employment of 50 or more workers.

2. Local Government authorised to notify concerns employing even 20 workers
3. Non employment of children under 9 years.
4. Seven hour day for children between 9 & 14 years.
5. Eleven hour day for women with 1.5 hour interval.
6. Restrictions on employment of women and children during 8 p.m. to 8 am.
7. Weekly holidays for all workers.
8. Rest interval of 0.5 hour.
9. Provincial Governments authorised to make rules regarding sanitation and comfort.
The introduction of electric lights in the factories in 1895 and the devastating effects of plague at
about the same time had its repercussions on the availability of labour to meet the increasing capacity for
production. Evasions of the Act were widespread. Besides, the ginning factories which were the worst
offenders had not been brought within the purview of the 1891 Act, as factories not working for more
than 4 months in a year had been excluded.
The safety provisions in the 1891 Act also proved inadequate. This was brought to light by a
number of tragic fires in the cotton presses between 1901 and 1905, resulting in over 50 deaths. The
government of India took a serious view and introduced in 1905 a Bill for further amending the earlier
Act and this was circulated for public opinion.
At the direction of the Secretary of State, the India Government appointed in 1906 a Textile
Factories Labour Committee with Frier Smith as Chairman and again in 1907 the second Factory Labour
Commission with Hon. Morrison as Chairman to investigate factory working conditions. A bill
embodying the recommendations of these bodies was introduced and enacted the Factories Act 1911 (12
of 1911). It came into force from 1-7-1912. Its chief provisions were:
1. Limiting the hours of work of male adults and children to 12 and 6 respectively.
2. Children were required to produce certificates as to 'age and physical fitness.
3. Appointment of full-time inspectors for the enforcement of the Act and inspection and
certification of factories.
4. Provisions for health and safety of workers.
5. Seasonal factories were included.
6. Power of local government for exemptions.
7. Prevention and punishment for breaches.
The inauguration of the ILO in 1919 after the First World War (1914-1918) lead to adoption of
Conventions on working hours, minimum age, night work of women and young persons etc. The growth
of the labour movement and the stirring of public interest on labour questions in India as aresult of a
number of strikes led to the ratification in 1921 of most of the ILO Conventions. A 60 hour week
conceded and night work for women and children under 14 was prohibited. In 1922 the Factories Act was
amended to include within its scope :
1. Industrial undertakings using mechanical power and employing 20 or more persons.

2. The minimum and maximum age of children were raised to 12 and 15.
3. A six hours working day for children, a half hour rest interval after 4 hours work and prohibition
of employment of a child in two factories on the same day.
4. Working hours II per day and 60 per week.
5. Control of artificial humidification.
6. No woman and children employment between 7 p.m. and 5-30 am.
7. Compulsory rest intervals and weekly holidays.
8. Measures for health and safety of .operatives.
9. Power of Government to notify factories employing workers more than
10. Laying down principles to grant exemption.
Minor amendments for administrative purpose were made in 1923, 1926 and 1931. By these
amendments penalty was inflicted on parents or guardians for permitting their children to work m two
factories on the same day and the Governments were given power to make rules for providing
precautions against fire inside factories. General provisions remained the same till the major amendment
in 1934.
Following serious labour unrest in the country, a Royal Commission was set up in 1929 with Mr.
John Henry Whitley as President, to review existing law in detail and make suitable recommendations
after conducting an enquiry into the labour's living conditions. This resulted in the Act of 1934 (25 of
1934) which came in to force from 1-1-1935. Its main provisions were:
1. Adequate inspection and strict observance of the Act.

2. Applicable to factories employing 20 or more workers and using power.
3. Provisions for seasonal factories working for 180 days or less.
4. Working hours 10 per day and 54 per week for all adults in perennial factories, 10 hours a day and
56 hours a week for continuous work and II hours a day and 60 hours a week for seasonal
factories.
5. Daily hours for children (between ages 12 & 15) reduced to 5.
6. New category of adolescent (between the age 15 to 17) included.
7. Certificate of fitness from certifying surgeon for children and adolescents.
8. Spread over of 13 hours for adults and 7.5 hours for children.
9. No women or children employment between 7 p.m. and 6 am.
10. Overtime wages at the rate of 1.25 times the ordinary rate for work exceeding 60 hours a week.
11. A weekly holiday on Sunday and no consecutive work for more than 10 days without a holiday.
12. Provisions for health and safety amplified. Provisions for cleanliness, ventilation, lighting, no
overcrowding, drinking water, sanitary facility, washing facility, fencing for dangerous
machinery, rest room for more than 150 workers, creche for more than 50 women for their
children below 6 years and first aid box were made.
13. Penalty up to Rs. 500 and enhanced penalty for repeated breach were provided.
1.7 The Factories Act 1948 (The present Act) :
The above Act was subsequently amended in 1935, 1936, 1937, 1940, 1941, 1944, 1945, 1946
and 1947 before it's major amendment in 1948.
During the Interim Congress Regime, a five year plan was drawn up to ameliorate the labour
conditions in India and also to revise the Factories Act of 1934 on the line of the UK Factories Act 1937
and latest ILO conventions in the matters of safety, health, welfare, working hours, industrial hygiene,
medical examination of young persons and submission of plans of factory buildings.
The 1942 Conference was important as being the first attempt at collaboration between
Government, employers and workers in matters pertaining to Labour. Arising therefrom, a Plenary
Tripartite Conference and a Standing Labour Committee had been set up to advise Government on
Labour matters and this resulted in smoothening the way for introduction of legislative measures
including the draft Bill.
The Factories Bill was introduced in the Constituent Assembly on 30-1-1948 passed by it on 28-
8-1948, received the assent of the Governor General of India on 23-9-1948 and came into force from 1-
41949.
Statement of Objects and Reasons :
It was stated in this part that the Factories Act 1934 revealed a number of defects and weaknesses
and the provisions for safety, health and welfare were found inadequate and unsatisfactory. The large
mass of workers was not covered by the Act and in view of the large and growing industrial activities in
the country, radical overhauling of the Factories law was essentially called for and cannot be delayed.
It was also mentioned that "the present Act (of 1934) leaves important and complex points to the
discretion of Inspectors placing heavy responsibility on them. In view of the specialised and hazardous
nature of the processes employed in the factories, it is too much to expect Inspectors to possess an expert
knowledge of all these matters. The detailed provisions contained in the Bill will go a long way in
lightening their burden".
The Labour Minister explained in the Legislature on 30-1-1948 an admirable summary of the
New Law and pointed out the broad changes that were brought about.
The Act at a glance :.
The main provisions of the Factories Act (63 of 1948) as it was standing before its major
amendment in 1976, were as under :
It was containing II chapters, 120 sections and only one Schedule of List of Notifiable Diseases.
Chapter wise subjects were as under :
1. Definitions of adult, adolescent, child, young person, machinery, manufacturing process, worker,
factory, occupier etc.' and requirement of plans, licence and registration of a factory (workers' 10
with power and workers > 20 without power).
2. Appointment and powers of Inspectors and Certifying Surgeons.
3. Health provisions regarding cleanliness, waste disposal, ventilation and temperature, dust & fume,
artificial humidification, overcrowding, lighting, drinking water, latrines &: urinals and spittoons.
4. Safety requirements of machine guarding, lifting machines, pressure plants, floors, stairs, pits,
sumps, excessive weights, protection of eyes and precautions against dangerous fumes, explosive
gas, dust etc., fire, building and machinery.
5. Welfare facilities of washing, clothing, sitting, first-aid, canteen, rest-room, crecheand welfare
officer.
6. Working hours - 8 hrs a day, 48 hrs a week, spread over 10.5 hrs, rest interval 0.5 hr, weekly and
compensatory holiday, double wages for overtime, notice of working hours, prohibition of double
employment and overlapping shifts, muster roll, restrictions on women employment and
exempting rules and orders.
7. Employment of young persons (15th to 18th year), child upto 14th year not allowed, certificate of
fitness, medical examination, reduced working hours, muster roll etc.
8. Annual leave with wages, I day for every 20 work days, eligibility etc.
9. Special provisions to notify factories, dangerous operation, notice of accidents and diseases,
power to take samples etc.
10. Penalties & procedure (maximum fine Rs. 500, enhanced Rs. 1000).
11. Supplemental i.e. appeals, returns, obligations of workers, rule making powers etc.
1.8 The Factories (Amendment) Act 1954:
The Government of India ratified the ILO Conventions No. 89 & 90 prohibiting employment of
women and young persons during night in factories. Therefore sections 66, 70 and 71 of the Factories
Act 1948 were to be amended. Simultaneously opportunity was taken to amend other provisions also.
Therefore the Factories (Amendment) Act, 1954 (25th of 1954) came into force with following major
amendments :
1. Type composing for printing was included in the definition of manufacturing process.
2. Amendment of Section 4.
3. Prohibition of women and young persons from cleaning, lubricating and machinery inmotion.
4. Encasement of machines.
5. Amendment of section 29 to prescribe clearly the safety requirements of lifting machines.
6. Allowing to work 6 hours at a stretch without any interval when the shift is of 6 hours.
7. Exempting overtime work in case a shift worker does not turn up in time.
8. Amendment of sections 66, 70 & 71 in conformity with the ILO Convention No. 89 & 90
prohibiting employment of women and Chilean during night in factories.
9. Revision of Chapter-VIII relating to leave with wages to fix 240 days attendance, to raise the limit
of carried forward leaves etc.
10. Recasting of section 93 to clarify the responsibility of the owner and occupier. Few minor
changes were also incorporated.
After 1948 and 1954, industrial growth was continued and need of Safety Officer was felt to
advise management in the matters of industrial safety and health. Due to so many judgements on the
definition of 'worker' and tendency to not include 'contract labour' therein in want of proof of 'Master
Servant relationship' and feeling need of changes in many other sections including penal section, the
Factories (Amendment) Act 1976 (94 of 1976) was enacted and brought into force from 26-10—1976.
Its main amendments were :
1. Changes in the definitions of manufacturing process, worker, factory and occupier. Contract
labour was included in 'worker'.
2. Approval of the plan and prior permission for the site.
3. Alterations in the provisions 'for inspector, certifying surgeons, cleanliness, disposal of waste
and effluents, fencing of machinery, work on or near machinery in motion, striking gear and
devices for cutting off power, pressure plant, floors, stairs and means of access, precautions
against dangerous fumes, precautions in case of fire, specifications of defective parts, safety of
building and machinery, first aid appliances, creches, spread over, overtime wages, register of
child workers, leave with wages, dangerous operation, notice of accidents, penalty for offences,
determination of occupier in certain cases, limitation of prosecutions etc.
In above alterations the posts of Additional, Joint and Deputy Chief Inspectors of Factories were
added, more conditions for cleanliness, fire escape, first-aid etc. were imposed, women strength
for creche was reduced to 30, time limit of rules u/s 64 was extended to 5 years, more particulars
of attendance in register and no permission to work without that was required by sections 62 (I-
A) and 73 (I-A), carry forwarding of 'refused leave with wages', training and research institutes
were included in section 86 for exemption purpose, the words 'manufacturing process or
operation' were substituted in section 87 and requiring more welfare facilities including protective
equipment and clothing under that section, time limit of one month for inquiry into fatal accident
was fixed u/s 88(2), fine limit raised to Rs. 2000 from Rs. 500 u/s 92, and for enhanced penalty to
Rs. 5000 from Rs. 1000 u/s 94 and provision of minimum fine in case of fatal accident and
serious bodily injury (Rs. 1000 for death and Rs. 500 for serious bodily injury, these figures were
doubled in case of enhanced penalty) was also made.
4. New additions were made by section 36A regarding use of portable electric light, section 40A
for maintenance of building, 40B for Safety Officers, 62(1-A) and 73(1-A) for more particulars in
muster roll, 88A for notice of dangerous occurrences and section 91A for safety and health
surveys.
In new section 40-A power to give order to carry out measures suggested by Inspector for
maintenance of buildings was given and u/s 40B Safety Officers were required for factories employing
workers 1000 or more, and the State Government was empowered to notify factories for this requirement
and to prescribe rules for the duties, qualifications and conditions of service of Safety Officers. These
rules were prescribed in 1983. For these S. 0. Rules, 1983 see Part 8.1 of Chapter-6.
The Bhopal accident created world-wide safety awareness and moved the governments to provide
more stringent requirements for health and safety of workers and public. Therefore the Central and State
Governments made necessary amendments in their Acts and Rules. A new Act 'the Environment
(Protection) Act 1986' was enacted and the Factories (Amendment) Act 1987 was also enacted on 23-5-
1987 providing a new chapter IV A on hazardous processes, many other requirements and severe
penalties and imprisonment for breaches.
In its Statement of Objects and Reasons it was stated that -
"There has been substantial modernisation and innovation in the industrial field. Several chemical
industries have come up which deal with hazardous and toxic substances. This has brought problems of
industrial safety and occupational health hazards. It is therefore, necessary to amend the Act to provide
specially for the safeguards against use and handling of hazardous substances and laying down
emergency standards and measures. The amendments also include procedures for sitting of hazardous
industries for the safety of general public. Provision has been made for workers' participation in safety
management, and making the punishment stricter."
The Factories (Amendment) Bill, 1986 (Bill No. 141 of 1986) was introduced in Lok Sabha on 2-
121986 and received the assent of the President on 235-1987 as the Factories (Amendment) Act 1987
(No. 20 of 1987), and published in the Gazette of India on 25-5-1987. By the Notification dated 29-10-
1987, Ministry of Labour, Govt. of India, the Act came into force from 1-12-1987 except sections 7B,
41F and the 2nd Schedule which came into force from 1-6-1988.
Its major provisions are :
1. Amendment of Section 2 adding the definitions of competent person, hazardous process and also
clarifying the occupier for a firm, a company and government factories.
2. Insertions of section 7A and 7B for general duties of the occupier, manufacturers etc., section
87A giving power to prohibit employment on account of serious hazard, section 96A for
penalty for breaches of section 41B, 41C and 41H, section 104A for proving limits of what is
practicable etc., section 106A for jurisdiction of acourt, section IIIA for right of workers, section
II 8A for restriction on disclosure of information and insertion of new Schedules I & II for the list
of hazardous industries and permissible levels of certain chemicals.
3. Insertion of a new Chapter IV-A regarding hazardous processes adding section 41 A for
constitution of Site Appraisal Committee, section 41 B for compulsory disclosure of information
including safety policy and on-site emergency plan and disaster control measures, section 41 C for
medical examination, health, records & qualified supervisors, section 41D for Government's
power to appoint inquiry committee, section 41E for emergency standards, section 41F for
permissible limits of toxic exposures, section 41G for worker's participation in safety
management and section 41H for right of workers to warn about imminent danger.
4. Amendments of sections 4, 9 (raising the powers of inspectors), 13, 16, 18, 19, 23, 25, 28, 29, 30,
31, 32, 36A, 64, 70, 71, 80, 87, 89, 90, 91A, 92, 94, 95, 96, 97, 98, 99, 115 and 119. The
remarkable amendment is the heavy increase in penalties extending upto Rs. 2 lakhs and Rs. 5000
daily fine, imprisonment upto 10 years and minimum fine of Rs 5000 in case of serious injuries
and Rs. 25000 in case of death.
5. Substitutions of section 36 and 38.
6. Omission of section 100 for nomination of occupier.
Therefore, now, looking to the passing of above Act of 1987, the factory managers and occupiers
must run their factories strictly according to the law to avoid dire consequences.
1.11 The Gujarat Factories (Amendment) Rules, 1995 : ,
To give effect to the Factories (Amendment) Act 1987, the Government of Gujarat published the
draft of Gujarat Factories (Amendment) Rules on 28-10-1993 which became enforceable from 15-2-
1995.
First time the provisions regarding competent person, work environment record, health & safety
policy, safety committee, centrifugal machines, power press, shears, slitters, & guillotine machines,
reaction vessels & kettles, polymerising and curing machines, thermic fluid heaters, fragile roofs, ovens
& dryers, ship building, repair & breaking, hazardous chemicals & processes, disclosure of information,
qualified supervisors, ambulance van, carcinogenic dye intermediates, asbestos, chemical works, solvent
extraction plants, CS, plants, high noise, pottery and foundry were introduced by these rules.
Old provisions regarding ventilation &: temperature, textile machinery, pressure vessels and fire
protection were enlarged with further details.
New forms No. IB, 4B, 21A, 26,27, 32, 33, & 37 added. Old 25 forms were substituted by other
forms with more details.
Major provisions are as under :
1. Testing or examination of pressure vessels, lifting m/cs., structural stability, dangerous m/ cs.,
dangerous fumes, and exhaust system by competent persons.
2. Work environment monitoring & record in Form No. 37.
3. Details of safety policy, safety committee, application for site appraisal, test reports of pressure
vessels, accident reports. Annual Reports etc.
4. Identification of major hazard chemicals, processes and plant (Rule 68J).
5. Machine wise guarding for textile machinery, power presses and shears.
6. Detailed provisions for fire protection including calculation of fire load.
7. Safety measures to control accidents in ship building, breaking & repairs.
8. Medical care and record for workers.
9. Qualified supervisors for hazardous process.
10. Detailed provisions (new schedules u/r 102) for manufacture of chemicals, electroplating,
asbestos, CS, pottery, foundry, carcinogenic dyes, and solvent extraction plant.
For details see Reference No. 10 at the end-of this chapter.
2 THE ACT AND RULES AT A GLANCE
A framework of the Factories Act; 1948 (Amended up to 1987) and the Gujarat Factories Rules,
1963 (amended up to 1995) is given in Table 27.1 to understand the subject matter and inter-relation of
Sections, Rules, Schedules and Forms in brief. This helps in speedy search of subjects. The latest Statute
book for these provisions must be kept in each factory and with each .Safety Officer.
Table 27.1 : Framework of the Factories Act & Rules
Sec Subject Rule No. Sch. Form No.

Chapter – 1 : Preliminary
1 Title, extent & commencement 1
2 Interpretation (Definitions) Hazardous 2, 2A 1st Sch. 4A, 26, 27
processes
3 Reference to time -
4 Power to declare one or more factories -
5 Power to exempt during public emergency -
6 Drawing, licence and Registration 3 to 11, - 1, 1A
3A to 3D
7 Notice by Occupier 12, 12A - 2, 3A
7A General duties of the occupier including work 12B, 12C - 37
monitoring and health & safety policy.
7B General duties of manufactures etc.
Chapter - 2 : Inspecting Staff
8 Inspectors 13
9 Power of Inspectors 14
10 Certifying Surgeons 15 5, 20, 27A,
30, 32, 33
Chapter – 3 : Health
11 Cleanliness 16, 17, 17A Sch. 7
12 Waste disposal & Effluent. 18
13 Ventilation & Temperature 18A Sch.
14 Dust & Fume - 26 A
15 Humidification 19 to 29 Sch. 6
16 Over crowding -
17 Lighting 30 to 34 Sch.
18 Drinking Water 35 to 40
19 Latrines & Urinals 41 to 50
20 Spittoon 51 to 53
Chapter -4 : Safety
21 Fencing of Machinery 54 1 to 7 8
22 Work near moving machinery 55, 55A, 56 8
23 Work near dangerous machines 57
24 Power cutting devices -
25 Self acting machines -
26 Casing of new machinery -
27 Work near cotton openers -
28 Hoists & lifts 58, 59 Sch. 9
29 Lifting machines, tackles etc. 60, 60 A 10
30 Revolving machinery -
31 Pressure plant. 61, 61A, 61B 11, 11A
32 Floors, stairs, means of access
33 Pits, sumps, floor Opening etc.
34 Excessive weights
35 Protection of eyes
36 Dangerous gas, fumes etc.
36A Portable electric light
37 Explosive / inflame mable gas etc.
38 Fire
39 Defective parts, stability etc.
40 Safety of building & machinery
40A Maintenance of building
40B Safety Officer
41 Power to make rules
Chapter -4A : Hazardous Process
41A Site appraisal committee
41B Disclosure of information
41C Medical examination, records and supervisors
41D Inquiry committee
41E Emergency Standards
41F Permissible exposure limits
41G Safety committee
41H Imminent danger.
Chapter – 5 : Welfare
42 Washing facilities
43 Storing & drying clothing
44 Sitting
45 First – Aid
46 Canteen
47 Shelter, Rest room, Lunch room
48 Creche
49 Welfare Officer
Chapter – 6 : Working Hours
51 Weekly hours
52 Weekly holidays
53 Compensatory holidays
54 Daily hours
55 Rest intervals
56 Spread over
57 Night shifts
58 Overlapping shifts
59 Wages for overtime
60 Double employment
61 Notice of working hours
62 Register of adult workers
63 Work according to notice and Register
64 Exempting rules
65 Exempting orders
66 Employment of Women 91 A
Chapter - 7
67 Children – not allowed
68 Non – adult workers.
69 Fitness certificate
70 Effect of certificate
71 Working hours for children
72 Notice of working hours for children
73 Register of child workers
74 Work according to notice and register
75 Medical Examination
77 Employment of Children Act applicable
Chapter - 8 : Leave with wages
78 Applicability
79 Annual leave with wages
80 Wages during leave period
81 Advance payment
82 Unpaid wages
84 Power to exempt factories
Chapter – 9 : Special Provisions
85 Power to apply the Act to certain premises
86 Power to exempt public institutions
87 Dangerous operations
87A Power to prohibit due to serious hazard
88 Notice of accidents
88A Notice of dangerous occurrences
89 Notice of diseases
90 Inquiry for accident or disease
91 Power to take samples
91A Safety & Health surveys
Chapter – 10 : Penalties & Procedures
92 General penalty for offences
93 Owner’s liability in certain cases
94 Enhanced penalty
95 Penalty for obstructing Inspector
96 Penalty for offence u/s 91
96A Penalty for offence u/s 41B, C&H
97 Offences by workers
98 Penalty for using false certificate of fitness
99 Penalty for double employment of child.
100 Omitted in 1987.
101 Exemption of liability.
102 Power of court to make orders
103 Presumption as to employment
104 Onus as to age.
104 Limits of practicable etc.
A
105 Cognisance of offences.
106 Limitation of prosecutions
106 Jurisdiction of a court.
A
Chapter 11 : Supplemental
107 Appeals
108 Display of notices
109 Service of notices
110 Returns
111 Obligations of workers
111 Right of workers
A
112 General power to make rules
113 Power of centre to give directions
114 No charge for facilities etc.
115 Publication of rules
116 Application of Act to Govt. factories
117 Protection to persons acting under this Act.
118, Not to disclose information.
118
A
119 Effect of this Act,
120 Repeal and savings
3 SUBJECTS OF THE SCHEDULES
The Schedules under the Factories Act and The Gujarat Factories Rules contain exhaustive details
of the provisions regarding safety and health measures. The subjects of these Schedules are mentioned in
Table 27.2.
Table 27.2 : Schedules under the GFR
Sr. Subject of the Schedule The Number of

No.
Sch. Rule Sec. Form
st
1 Hazardous industries. 1 - 2 (cb) -
2 Hazardous chemicals, TLVs & STELs 2nd - 41F -
3 Notifiable Diseases 3rd - 89, -
90
4 Conditional exemption of factories from Sch. 16 11 7
painting, colour/ white washing. 17
5 Dry / wet bulb temperature in room. Sch. 18A 13 -
6 When humidification not allowed Sch. 19 15 6
7 Exemption from minimum lighting Sch. 34 17 -
8 Textile machinery 1 54 21 -
9 Cottong Ginning machinery 2 54 21 -
10 Wood-working machinery 3 54 21 -
11 Rubber mills 4 54 21 -
12 Centrifugal machines 5 54 21 -
13 Power presses 6 54 21 -
14 Shears, slitters and Guillotine m/c 7 54 21 -
15 Exemption to Hoists & lifts Sch. 59 28 9
16 Excessive weights (limits) Sch. 62 34 -
17 Protection of eyes 1, 2 63 35 -
18 Portable FEEs 1 66A 38 -
19 Equipment with Trailer pump 2 66A 38 -
20 List of Hazardous (MAH) chemicals 1 68J 41 -
21 Threshold Quantity for Isolated Storage 2 68J 41 -
22 Threshold Quantity of Hazardous (MAH) 3 68J 41 -
chemicals.
23 Hazardous processes/ operations. 4 68J 41 -
24 Safety data sheet (MSDS) 5 68J 41 -
25 Notification of Major Accident. 6 68J 41 -
26 Notification of Activity / site 7 68J 41 -
27 Safety Report 8 68J 41A -
28 Equipment in Health centre Sch. 68J 41C -
29 Facility for storing / drying clothing. Sch. 69A 43 -
30 Confidential positions. Sch. 89 64 -
31 Exemption from working hours. Sch. 91 64 -
32 Aerated water 1 102 87 -
33 Electrolytic plating. 2 102 87 20, 27A
34 Electric accumulators 3 102 87 -
35 Glass manufacture 4 102 87 -
36 Grinding / Glazing of metals. 5 102 87 26A
37 Lead and lead compounds 6 102 87 30
38 Generation of petroleum gas 7 102 87 -
39 Air blasting 8 102 87 26A
40 Liming / Tanning of raw hides. 9 102 87 -
41 Chromic acid or bi-chromates 10 102 87 -
42 Carcinogenic Dye intermediates 11 102 87 20, 33
43 Acids or Alkalis 12 102 87 -
44 Toxic and inflammable solvents 13 102 87 -
45 Manufacturer/ use of CS2 and H2S 14 102 87 -
46 Dangerous pesticides 15 102 87 -
47 Water electrolysis and O2 and H2 16 102 87 -
48 Asbestos or its articles 17 102 87 20, 26A,
27A
49 Stone or Free silica 18 102 87 26A
50 Chemical works. 19 102 87 -
51 Benzene 20 102 87 -
52 Solvent Extraction plant 21 102 87 -
53 CS2 plant. 22 102 87 -
54 High Noise levels 23 102 87 -
55 Gas welding of cutting 24 102 87 -
56 Pottery 25 102 87 30
57 Foundry 26 102 87 20, 26A,
27A
58 Cotton dust 27 102 87
59 Dangerous Occurrences. Sch. 103 88 A 21A
4 SUBJECTS OF THE FORMS
Some 46 forms have been prescribed under the Gujarat Factories Rules, 1963. To know their
subjects and ease for implementation, their headlines are mentioned in Table 27.3
Table 27.3 : Forms under the GFR
Form No. Subject Rule No

1 Permission to construct or start a factory, to be submitted in 3
duplicate with plans
1A Stability certificate 3C
1B Application to the site appraisal committee to be submitted in 15 68-I
copies
2 Application for Registration and licence, to be submitted to 4
triplicate.
3 Application for renewal of licence, to be submitted in duplicate. 4, 7
3A Notice of change of Manager, 12 A
4 Licence to work as a factory 5
4A Certificate of competency. 2A
5 Fitness certificate for young person. 15
6 Humidity Register 23
7 Record of Limewashing, Painting etc. 17
8 Register of workers attending moving machinery. 54, 55
9 Test report of hoist of lift. 58
10 Test report of lifting machines 60
11 Test report of pressure vessel 61
11A Test report of water sealed gas holder. 61 A
12 Register of compensatory holidays 84
13 Overtime register for exempted workers. 85
14 Notice of working hours of adults 87
15 Register of adults workers 88
16 Notice of working hours for child workers 92
17 Register of child workers 93
18 Resister of leave with wages 94
19 Leave books (copy of Form No. 18) for workers 95
20 Health Register. 15, 102
21 Accident report for death or injury 103
21A Report of dangerous occurrence not resulting in injury 103
22 Notice of poisoning or disease. 104
23 Abstract of the Act & Rules. 106
24 Annual return under the F.A. and other Acts 107
25 Half yearly return 107
26 Application for competency certificate (Person) 2A
26A Test report of local exhaust ventilation (Dust/ Fume Extraction 102
System).
27 Application for competency certificate (Institution) 2A
27A Fitness certificate 102
29 Muster roll 110
29 Register of Accident / occurrences. 111
30 Special fitness certificate (Lead compound Sch. 6) 102
31 Inspection Books. 112
32 Health Register. 68T, 102
33 Fitness certificate (Hazardous process/ operation) 68T, 102
34 Deleted -
35 Nomination for leave-wages 100
36 Identity card 110A
37 Format for work environment monitoring. 12B.
5 SOME ABSTRACT OF THE ACT AND RULES
Actually the structure (tables) given in the foregoing part gives also the abstract of safety, health
and welfare provisions stating the subject of each section, rule, schedule and the form in one line. This is
most useful to study the whole law on a particular topic at a time.
See the statutory Form No. 23 for the Abstract of the Factories Act 1948 and the Gujarat Factories
Rules, 1963. This abstract is readily available and is to be displayed on the notice board in each factory.
Therefore it-is not repeated here.
Most of the chapters of this book also provide relevant subject under the heading of Statutory
Provisions. Thus the abstract of the Factories Act and Rules is already divided chapter wise at proper
places. See the theme of each chapter to search the relevant statutory provisions.
See Part 6.3.8 of Chapter-6 and Part 2 of Chapter-? for 'Statutory requirements under the Act &
rules.
Notwithstanding that a brief abstract of the provisions pertaining to Safety, Health and Welfare is
given below. For full details the readers are advised to refer the Statute Book.
5.1 Safety Provisions :
Chapter 4 and 4A (sections 21 to 41H) and chapter 9 (sections 87 to 91 A) of the Factories Act
1948 and rules made there under (Rule 54 to 68Y and 102 to 104 of the Gujarat Factories Rules 1963)
give provisions pertaining to industrial safety. Some major aspects are as under:
Machine Guarding : All moving parts of prime mover, flywheel, turbine, lathe, motor,
generator, transmission machinery (shaft, wheel, pulley, belt, coupling etc.) should be securely fenced by
guards. Only trained workers are allowed to work (test, lubricate, examine etc.) near machinery in motion
and without guard. No women or young person is allowed for such work. Self acting machines (e.g.
planning m/c) revolving machines, (e.g. grinding wheel, revolving basket, etc.) dangerous machines
(power presses, milling m/cs, guillotine m/cs, circular saws, platen printing m/cs, hoists, lifts and lifting
m/cs) and ginning, textile, wood-working and rubber-mill machines and their dangerous parts must be
securely guarded and interlocked as prescribed.
Pressure Plant : Section 31 -and Rule 61, 61 A & 61B provide that all vessels operating at a
pressure higher than the atmospheric pressure should be considered as "pressure vessels' and examined
externally at 6 months, internally at I year and hydraulically at 2 years (4 years for vessel in continuous
process) by a competent person. Safety valve, pressure reducing valve or pressure regulator, rupture disk,
pressure gauge, stop valve, drain cock etc. should be provided and well maintained. Safe pressure limit
shall never be exceeded. Pressure reduction or repair shall be carried out as suggested by a competent
person.
Floors, Stairs, Means of Access shall be safely maintained and steps, platforms, fencing;
handrails etc. shall be provided.
Pits, Sumps, Vessels, Tarik, Floor- openings etc. shall be securely covered, fenced or guarded.
Excessive weights are prescribed under rule 62 for male, female and use of hand cart No person
will lift, carry or move more weight than that. Eyes, shall be protected from flying particles or excessive
light as per schedule 1 & 2 under rule 63.
Precautions against dangerous fumes, gases, dust, vapour etc. are necessary. Manhole of
prescribed air/gas test, safety work-permit, safety belt, size, enclosure, exhaust/venting, prevention or
removal of toxic or inflammable substance etc. are prescribed.
Fire Precaution under section 38 and rules 66, 66A and 67 require measures to prevent out break
of fire and its spread, safe means of escape, fire extinguishers, trained staff, hydrants, sprinklers, trailer
pump etc.
Safety Officers are required for all factories employing more than 1000 workers and also by
those hazardous factories notified by the Government. The Gujarat Safety Officers (duties, qualifications
and conditions of service) Rules, 1983 prescribe their duties, status, qualification and need of possessing
degree or diploma in Industrial Safety.
Hazardous industries are listed in the 1st Schedule of the Act, hazardous processes in 4th
Schedule of Rule 68J(GFR) and hazardous chemicals in Schedules I to 3 of the Rule 68J(GFR). Provision
of site appraisal committee is not implemented by many states including Gujarat. Information of hazards
and control measures should be given to workers, inspectors and the public. Onsite & Offsite emergency
plans, qualified supervisors, medical examinations and health records, occupational health centre, factory
medical officer, ambulance van, control of permissible exposure limits (TLV & STEL) given in 2nd
Schedule are required for hazardous factories. Safety policy, safety committee and removal of imminent
danger are prescribed.
Safety audit is to be carried out internally once in a year and externally once in two years. Public
likely to be affected out side the site is to be informed about major accident hazard and "DOS" and
"Donts" for that. Occupier has to dispose off all hazardous material on site before closure of
manufacturing process and to inform the inspector (Notification dated 2-6-2006).
For workers in hazardous process pre-employment and six- monthly periodical medical
examinations by a factory medical officer, report in form No: 32, 33, qualified supervisors, occupational
health centre for workers more than 50 and ambulance van for workers required.. List of notifiable
diseases is given in the 3rd Schedule of the Act. It should be reported in Form No. 22 u/r 104. Rule 102
requires medical examination, local exhaust ventilation, washing facilities, protective clothing, medical
requisites, spacing, cloakroom, mess room, vacuum cleaning, cautionary notices, prohibition of food,
drink etc. in workrooms, waste disposal method etc. under different schedules.
Notices of Accidents and Diseases are required in form No. 21 & 22. Dangerous occurrences
(Fire, explosion, gas leak, collapse etc.) are also to be reported in form No. 21A.
Special provisions are prescribed for dangerous machines, reaction vessels, polymerising &
curing machines,, thermic fluid heaters, fragile roofs, ovens & driers, ship building, repairing and
breaking, hazardous chemicals, processes and chemical works, electroplating, carcinogenic dye-
intermediates, asbestos, solvent extraction plants, CS, plants, high noise, pottery, foundry and cotton dust.
Amendments of 1995 in GFR provide details thereof. (See Ref No.lO at the end).
5.2 Health Provisions :
Chapter 3 (Sections II to 20) chapter 4A (section 41C) and chapter 9 (Sections 89 to 91A) of the
Act and rules made there under (Rule 16 to 53, 68R to 68X, 102 and 104 GFR) give provisions pertaining
to occupational health and hygiene. Some major aspects are as under :
Factory should be kept clean, white washed, or colour washed. Doors, windows etc. shall be
painted. Waste & effluents be rendered innocuous. Room temperature should be less than 30°C (80°F),
air movement more than 30 mt /min, ventilating opening more than 15% of the floor area and mechanical
ventilation (air changes) should be six times the workroom volume per hour. Dust & fumes should be
removed by exhaust ventilation. Artificial humidification should be controlled as per the table of dry
and wet bulb temperatures. No overcrowding permitted. Breath- air volume per worker should be at least
14.2 m3 with room height limited to 4.2 mt. Natural and artificial lighting is required with avoidance of
glare, shadows and eye-strain. Light intensity may very from 20 to 1000 Lux depending on nature of
work i.e. depth of observation required. Drinking water should be sufficient, clean and cool where more
than 250 workers employed. At least one water centre for 150 workers required. Latrines, urinals and
spittoons should be clean and in hygienic condition. For males and females, latrines and urinal shall be of
prescribed number and dimensions. They shall be whitewashed every four months.
5.3 Welfare Provisions :
Chapter 5 (Sections 42 to 50) and rules made thereunder (69 to 83A, GFR) give provisions
pertaining to welfare of workers. Some major aspects are as under:
Facilities of washing/bathing, storing & drying, clothing, sitting, first-aid, ambulance room,
canteen, shelters, rest room, lunch room, creche and welfare officers are required. One first-aid box for
every 150 workers, ambulance room for more than 500 workers, canteen for > 250, restroom & lunch
room for > 150, creche for > 30 female workers and welfare officers for > 500 workers are required.
Welfare Officers (Recruitment and Conditions of service) (Gujarat) Rules, 1963 prescribe number of
welfare officers, their qualifications, duties, etc. The size and type of rooms for canteen, rest/lunch room,
creche ambulance etc. are also prescribed.
For other chapters and the provisions see the full text of the Act.
6 THE CASE LAW
Before studying any law and citations on it (ie case law) it is important to know the meaning of
following legal words. -
1. Law, common law and natural justice.

2. Legislation, legislative process, enactment, statute, statutory, mandatory, notification and
ordinance.
3. Bill and statement of objects and reasons.
4. Act, preamble and code.
5. Sections, rules, regulations, schedules & forms.
6. Proviso, exception, exemption, explanation, not withstanding that and save as otherwise provided.
7. Penal section, fine, imprisionment, responsibility, occupier and manager.
All offences under the Factories Act and Rules fall under the category of absolute criminal
liability, which requires no mens rea or guilty intention to be proved (AIR 1966 Mad 448 and 1964 Vol.
2 LLJ, 456). Out of many decided cases a few citations on safety and halth matters are mentioned below
to highlight the case law.
6.1 Citations under the Factories Act :
1 Object of the Act is for the benefit and welfare of the labour class only. AIR 1956 Born. 219.
2 Interpretation of the Act should be liberal and beneficial AIR 1956 Born. 33, AIR 1966 Guj. 96,
AIR 1965, SC 639.
3 Limitation of prosecution u/s 106 - Knowledge of offence - Date of receipt of accident report by
the Inspector is not the date of knowledge of dangerous occurrence. It is the actual date of his
personal knowledge. AIR 1973 SC 309.
4 Where the word 'managei, is used specifically, generally he should be taken as accused though the
occupier can be selected instead of manager u/s 52, SC ruling 1965 Vol. I LLJ 419.
5 Power presses : 1965 Vol. 2 LLJ 472 where section 21- was discussed, 1966 Vol. 2 LLJ 10, 1972
LIC 949, 1966 Vol. I LLJ 280.
6. Transmission Machinery : Height above 15 feet was considered safe by position for which no
fencing necessary. 1965 Vol. 2 LLJ 200. In another case height of 9 feet was considered safe for
which no-under guard was necessary 1966 Vol. I LLJ 304.
7. Drill machine : Defence that the factory inspector had not pointed out or suggested for guard, it
was not provided, cannot be accepted. It was an absolute duty to provide the guard. 1966 Vol. 1
LLJ 705.
8. Calendar machine : Nip guard was necessary, 1966 Vol. 2 LLJ 867.
9. Spur-gear wheel in oil mill : Defence that the guard was provided but some one else removed it,
was not accepted. The words "while the machinery is in motion its dangerous parts shall be
securely fenced." were sufficient to constitute the offence u/s 21(l)(iv)(c). State of Gujarat v/ s
Jethalal Ghelabhai. SC ruling, 1964, Vol. I LLJ 389.
10. It is the duty of the employer who is running a factory to make every sort of protections for the
safety of the employees. AIR 1966 Mad 380.
11. It cannot be said that if something goes wrong with the machinery while it is in motion and a part
of it slips down, there is no obligation on the employer to protect aworkman from injury arising
under such circumstances. The basic idea is that the safeguard must be in position so that the
rotating or moving part of the machinery is incapable or causing any injury. 1966 Vol. I LLJ 304.
12. It is an absolute obligation under the Factories Act to securely fence dangerous parts of
machinery. The statute does not say that they should be fenced only if it is commercially
practicable or mechanically possible. AIR 1966 MP 324, (1966) 2LLJ 867.
13. The obligation that a dangerous machine shall be securely fenced by safeguards of substantial
construction is absolute, and should be complied with regard to all parts of the machinery. (1965)
2 LLJ 472.
14. Manager/Occupier cannot escape conviction for failure in securely fencing every dangerous part
of machinery unless he has satisfied all requirements of section 22 (1) of the Act. (1965) I LLJ
528.
15. Mere fact that the die was not provided with any guard by its manufacture, no effective safety
guards could be provided to the die without impairing the working of the machine, cannot affect
the employer's responsibility under the law to securely fence the die by safety guards of
substantial construction. (196465) 26 FJR 162.
16. Section 21(1) (iv) (c) of the Act requires not only that the dangerous part of a machine shall be
securely fenced by safeguards, but also that the safeguards are kept in position when the machine
is working. AIR 1964 SC 779, (1964) I LLJ 389.
17. The obligation of the occupier to securely fence the dangerous parts of the machinery is absolute
whether those parts may be in motion or use or not. (1962) I LLJ 607.
18. Transmission machinery must be securely fenced unless the same, by reason of its position or
construction is safe to every person employed in the factory as it would be if it were securely
fenced. AIR 1960 Born. 1.
19. In order to claim the benefit of proviso to section 21 (1) (iv) of the .Act for getting the occasion
excluded, it is a necessary condition that on such occasion the necessary adjustment operation to
the moving part of the machinery must be done by a worker specified in section 22 of the Act in
the manner provided therein. (1965) I LLJ 528.
20. Where instead of complying with the statutory requirements contained in section 24 of the Act
and providing the equipment indicated therein, it had been the practice in the concerned factory to
effect the movement of the belt with some rod, or crude contrivance which was unsafe, the
employer was guilty of negligence under the said section. (1964-65) 26 FJR 153.
21. An owner or occupier of a factory cannot plead in his favour ignorance of the law as contained in
the provisions of section 28(1) (e) of the Act. He was bound to provide interlocking arrangement
required., (1964) 1"LLJ 689.
22. Only two diagonally opposite chains are necessary and sufficient for working of the tackle. If
fourth chain of tackle is allowed to remain in a state of disrepair, the manager of the factory does
not contravene the provisions of section 29 (1) (a) (ii) of the Act. (1969) Lab I.C. 783.
23. Failure to cover a pit inside the factory having inherent danger amounts to violation of section 33
of the Act (1967) 2 LLJ 616.
24. No manufacturing process shall be carried on in any building until a certificate of stability of the
building has been obtained. Failure to do this is an offence. AIR 1957 Allh. 343.
25. The defence undersection 101 of the Act will not be available to an owner of a factory unless he
has proved that he had used due diligence to enforce the execution of the Act. AIR 1964 SC 779.
26. Any person found working in the factory can be taken as employed in the factory until it is proved
contrary. 1964 (1) LLJ 575.
27. Failure to comply with the provision of sec. 14 is a 'continuing offence'. Prior knowledge of the
offence by the Inspector is not a bar in filing a complaint subsequently (1952-53) 4 FJR 231.
Failure to construct a dustproof husk chamber as required under section 14 is a continuing
offence. AIR 1962 MP 311. Omission to securely fence fermenting vats is a continuing offence.
AIR 1964 Guj. 125, (1964) 5 GLR 29. Omission to provide a canteen is a continuing offence.
AIR 1957 All ere (DB). Carrying on a manufacturing process in a building in the absence of a
certificate of suitability of the. building as required by the rules is also a continuing offence. AIR
1955 Born. 161 (DB.)
28. The plea of ignorance of law is not available to the accused under section 28(1) of the Act. 1964
(1) LLJ. 689.
29. Fencing and safeguard should not be such as can be disturbed and removed by a workman. 1972
Mah LJ. 279, 41 FJR 165.
30. A machinery or part thereof is dangerous if in the ordinary course of its working, danger may
reasonably be anticipated from it when working without protection, taking into account the
various factors incidental to its working, including the carelessness of the workman, AIR 1969
MP 110.
31. S.2 (m), 2 (k)(i) and 2(1) - Factory", meaning of - Sun cured tobacco leaves subjected to processes
of moistening, stripping and packing in a company's premises with a view to their use and
transport to company's main factory for manufacturing cigarettes- More than 20 persons under
supervision of management working in premises - Held that the manufacturing process was
carried on in premises and the persons employed Were workers and premises a factory. Lab IC
1970 S C 56A.
32. S. 2 (k)- "Manufacturing process" - Process of cleaning Water and storing and supplying it by
pumping is a manufacturing process. Lab IC 1972 970F Raj.
33. Ss. 33 &2 (m) - Contravention of Section 33 in regard to a pit which is in the environments of the
factory - Necessary proof. Lab IC 1972 772 Born.
34. S. 2 (k) (i) - "Manufacturing process" - Rice mill - Use of huller and sheller for converting paddy
into rice and polishing it* is a manufacturing process Lab IC 1976, 1387 (Kant).
35. S. 92 - Karnataka Factories Rules. 1969 Allegation that first aid box was not maintained
according to Rules - Prosecution must prove what was wanting in contents of box Lab IC
1976,538D (Kant).
36. S. 21 (1) (iv) (c) read with Bombay Factory Rules (1950), Sch. I, Chap. IV, R. 54 (2) and (3) -
Compliance with safety measures is mandatory- Whether employer had foreseen casualty is
totally irrelevent Lab IC 1978, 1220 Born.
37. S. 2 (m) and S. 103 - Ten workers found inside an automobile workshop during working hours -
Plea that two of them were workers in a rice mill not acceptable Lab IC 1979, 159A Mad NOC.
38. S. 2(m), 92 and Rule 4, GFR-'Factory'- meaning of - Construction work - Temparory work done
with aid of power at certain places do not amount to 'factory' within meaning of Section 2(m) -
Prevailing nature of work to be taken into account- Contract between company and contractor
regarding work and labour manufacture of certain materials on same premises - Temporary use
for manufacturing such articles with aid of power will not include premises in the term factory.
FLR 1980(41)75, Gujarat.
39. S. 2(g), 2(k), 2(m) - Manufacturing processMeaning of-lroning of stitched clothes with the aid of
power by tailoring firms, held, is an integral part of manufacturing process LLN 1985 Vol-ll 101.
40. S. 21(l)(iv)(c) & 92- Injury to worker due to alleged failure to securely fence dangerous part of
machinery- Evidence of Factory Inspector silent on vital point- In the circumstances order of
conviction of appellant- manager set aside LLN 1986 Vol 1 332.
41. S. 2(k) - Petrol pump service station carrying on business of sale of petrol, diesel, lubricants etc.
and servicing of vehicles is a manufacturing process LLN 1987 Vol 1 912.
42. S 2(k)- Dairy farm- filling of milk pots for distribution- Also electric pump used for lifting water
in farm- Held, manufacturing process 1987 Vol II 704.
43. S.2(l) - Effect of addition of words "including a contractor".
The effect of including the said words in the definition of "worker" is that even a worker
engaged through a contractor and working in a factory falls within the definition of worker for the
purposes of Factories Act. This was done evidently with a view to ensure that the benefits of the
several regulatory and welfare measures provided by the Act extends to such contract labour also.
Govt. of A.P. vs. Bhadrachalam Paper Boards Ltd., 1990 (60) FLR 517 (A.P. - D.B.).
44. Workers-Staff engaged in the clerical work in the factory premises- Whether 'workers' within the
meaning of section 2(1) of the Act? Yes. State (By Inspector of Factories, Guddalore) vs. A.K.
GangllU, 1993 LLR 701 = 1993(67) FLR 627 = 1993 II CLR 57 = 1993 I LLN 791 (Mad. HC).
45. Conviction and sentence of respondent on his pleading of offence under section 92 providing
minimum sentence of fine not less than 25000Trial court imposed fine of Rs. 200 onlyWhether
order is illegal and perverse? Yes.
State of Glljarat vs. B.S. "niakkar, Manager, Diguijay Cement Co. Ltd., 1993 LLR 843 =
1993 (67) FLR 1134 (Guj. HC). See also 1991 (1) 32 (1) GLR71 and 1992 II GLR 229 for State
of Gujarat v/s Dr. CK Patel
46. The period of limitation for prosecution in contravening provisions of the Factory Act will be
computed from the date of inspection and disclosure of offence.
State of Gujarat vs MIT & MIR Pvt. Ltd. Surat, ,1994 LLR 116 (Guj. HC)
47. Appointment of certain number of safety officers in a factory having chemical plant and blast
furnace is a statutory obligation on the part of the employer.
Tata Iron and Steel Co. Ltd. vs Inspector of Factories, Jamshedpur Circle No. I,
Jamshedpur and .Others, 1995 LLR 684=1995 II LLN 474 (Pat. HC).
48. Employees of administrative accounts section of a factory will be eligible for overtime.
Chief General Manager, Telecom Factory, Bombay & Ors. vs. All India Telecom Engg.
Employees Union & Ors., 1996 LLR 333 (Born. HC).
49. In the event of conflict between the provisions of standing orders and Factories Act, the latter will
prevail.
Maharashtra General Kamgar Union vs. Bharat Petroleum Corp. Ltd. & Ors., 1996 LLR
900 (Born. HC).
50. Failure to provide safety electrical devices (earthing, rubber gloves, shoes etc.) resulting into
death of a casual worker will make the employer liable for prosecution and fine. The High Court
converted the order of acquittal into a fine of Rs. 50000 (in default, impris.onment for 3 months)
each to the manager and occupier, accused, and directed to pay Rs. 50000 to the legal
representatives of the deceased worker u/s 357(4) of the Cr. P. C.
State of Karnataka vs. M. Siddappaq & Amr., 1997 LLR 411 (Karn. HC).
51. Factories Act, 1948 - S.2 (n) - Occupier in case of a company.
Occupier in case of a company must be one of the Directors. As such relief claiming
appointment of a person other than a Director as an occupier cannot be granted.
Tata Oil Mills Co. Ltd. vs. State of U.P., 1997 (2) LLN 681 (All- D.B.).
52. Factories Act, 1948-S.92 read with Rule 61(1)(c)(i) – Punishment for breach of safety measures.
Respondent runs a factory and the Factory Inspector found that the plant was not fitted
with necessary safely valve in contravention of the aforesaid statutory provisions. On a complaint.
Metropolitan Magistrate fined him Rs. 500/- on his pleading guilty. Hence this appeal for
enhancement of sentence.
Held: Factory owner guilty of contravention of safety measures has to be dealt with
severally and seriously even on his pleading guilty to the charge. The workmen exposed to such
unsafe working conditions in such factories can be said to be their exploitation by owner of such
factories. The sentence of fine of Rs.500/- is enhanced to Rs. 5000/-.
State of Gujarat vs. Sandeep Bhandari 1997 I CLR 1048 (Guj. H.C.).
53 Factories Act, 1948- S.92- Karnataka Factories Rules, 1969- Rule 86- Statutory duty not compiled
with.
This is an appeal against an order of acquittal of respondent accused for an offence under
S.92 of the Act for contravention of Rule 86. Facts are that worker in the factory of the respondent
received electrical shock and died on the spot. It is held that there was sufficient and clinching
evidence on record to show that the accused did not provide for rubber gloves and rubber shoes to
deceased worker and further that electric installations were not properly maintained by the
accused, there was no justification on the part of Magistrate to hold accused not guilty.
State of Karnataka v. M. siddappa 1997 I CLR 705 (Kam.H.C.).
54 How it should be interpreted.
The Act is meant to provide protection to the workers from being exploited by greedy
business establishments and it also provides for the improvement of working conditions within the
factory premises. Hence a beneficial construction should be given and the provisions of the Act
should be so constructed/interpreted so as to achieve its objects i.e., welfare of the workers and
their protection from exploitation and unhygienic working conditions in the factory premises. It is
also a cardinal principle of interpretation to give effect to the plain, fair and ordinary meaning to
the words if such interpretation is not opposed to the intention of the legislature.
Ravi Shankar Sharma vs. State of Rajasthan 1993 L.LC. 987 (Raj. H.C.).
55 S.2(m) - & 2(k)(i) - Stone crashing unit is a factory.
As per the definition of "manufacturing process" as .given in the Act, there can be no
doubt that breaking of boulders into chips would be a manufacturing process. For this purpose
coming into existence of a new product is not necessary. If that be so, the premises where ten or
more persons are working and the operation is carried on with the aid of power has to be regarded
as a factory.
M/s. Larsen & Toubro Ltd. vs. State of Orissa 1992 LIC 1513 (On. - D.B.).
56 S.21(l)(i)(iv)(c) and S.92 - Enhancement of sentence.
This criminal appeal is filed for enhancement of sentence of fine of Rs.2000/for an
offence punishable under S.92 qf the Factories Act, 1948. It is unfortunate and shocking that the
Magistrate failed to note the minimum sentence of fine of Rs.5000/- for the offence. He was even
not conscious of the object underlying the beneficial piece of legislation viz. Factories Act, 1948.
Such gross defiance of law, prima facie, is serious dereliction of duty and unbecoming on the part
of any learned Magistrate. The sentence of fine is enhanced to Rs.5000/-. Action is directed
against the Magistrate.
State of Gujarat vs. Ishwarbhai Harkflabhai Patel 1994 II CLR 721(Giij. H.C.).
57 S.36 - (as it stood before its amendment by Act 20 of 1987) - Interpretation of sub-section (5) of
S.36 -
There is no absolute duty cast on employer to prevent entry - Burden is on prosecution to
prove that employer had not taken all reasonable steps for preventing entry and not on employer
to prove that he had taken all reasonable steps. If necessary instructions are issued by employer
and worker acts in contravention of those instructions, employer cannot be held responsible for
violation of S.36(5).
State of Gujarat vs. Dilipkumar Dahyabhai Patel & Anr. 1995 II CLR 497 (Guj H.C.).
58 S.40-B and W.B. Factories, (Safety Officers) Rules, 1978 - Rule 3(b) - Appointment -
Compliance of two pre-conditions
The petitioner, who was appointed as safety officer, challenges, termination of his service
to be against the provisions of the Rules.
High Court has not accepted the challenge observing as follows :
Appointment of safety officers, is mandatory on existence of two conditions : (i) wherein
1000 or more workers are ordinarily employed and the State Government issues notification
requiring the occupier to appoint safety officer or officers and (ii) wherein the State Government
is of opinion wherein manufacturing process is carried which involves risk etc. and issuance of
notification in above manner. Issuance of notification is a indispensable condition for employment
of safety officers in terms of S.40-B of the Factories Act. In the instant case no such notification
was issued. Thus the mandatory requirement of S.40-B cannot be said to have been fulfilled to
make employment of the petitioner as Safety Officer within the meaning of clause 3(b) of the
Rules of 1978. The termination was thus not violative of the Rules.
Debesh Kumar Bhattacharya vs. Rishra Steel Ltd. & Ors. 1994 II CLR 944 (CaL H.C.).
59 S.41-A - Safety precautions in handling chemicals.
The Union of employees filed writ petition to direct Chief Inspector of Factories to
enforce safety precautions in the factory. Inspector of Factories had given certain directions to the
management of the factory and thereafter he again visited the factory and submitted report. High
Court considered the same and accepted the report and dismissed writ petition. The Union filed
this appeal against said order. In appeal it is observed that new complaints regarding atmosphere
pollution and provision of insurance cover to employees cannot be entertained as they are not the
grievances in the main writ petition.
Addision Paints and Chemicals Ltd. vs. Chief Inspector of Factories 1993 II L.L.N. 728
(Mad.D.B.).
60 Ss82 and 106 - Magistrate dismissing complaint made by Inspector under S.92 on preliminary
contention that it was filed beyond period of limitation of three months as prescribed under S.106.
In fact complaint was filed within three months of the date on which commission of offence came
to knowledge of Inspector - Matter remanded - Practice of disposing of cases on grounds such as
(i)complainant absent, (ii) no witnesses examined, or (iii) accused pleading guilty, deprecated.
State ofGujarat vs. Mit and Mir Private Ltd., Swat 1994-1 CLR 149 (Guj. H.C.).
61 S.92 - Karnataka Factor Rules, 1969 - Rules 84 and 88 - Negligent shunting of carriages
Occupier not responsible.
Accident took place in Railway Workshop due to negligent shunting of carriages.
Occupier is prosecuted for contravention of Rules 84 and 88. He filed this petition praying for
quashing of proceedings against him.
Held : Rule 84 prohibits any process of work which is likely to cause risk of bodily injury
to be carried on in the factory. It is not complainant's case that the work of shunting which was
done within the factory premises was likely to cause risk of bodily injury. Rule 84 is therefore not
affected. If due to negligence in carrying out a work which is permissible, an accident takes place,
the occupier cannot be held responsible for contravention of Rule 84. So far as Rule 88 is
concerned, if bodily injury is caused to a worker not on account of any inherent defect in the
construction, situation, operation or maintenance of the means of transport, but on account of
negligence of another employee, then it cannot be said that there -is any contravention of Rule 88.
Proceeding of prosecution against petitioner occupier is quashed.
Ramchandra vs. A.R. Vijendra 1994 II CLR 946 (Kar. H.C.).
62 S.92 - Proviso - Minimum sentence is prescribed.
The accused pleaded guilty for having committed offence under S.29(l)(a) and S.29(l)(b)
of the Act and was awarded fine of RS.IOO/-. Proviso to S.92 provides that the fine shall not be
less than RS.IOOO/-. Merely because the accused pleaded guilty is no reason to award
punishment lesser than the minimum.
State of Gujarat vs. Mahavir Prasad Jain 1992 I CLR 863 (Guj. H.C.).
63 Ss.92, 52, 2(m)(ii) and 6 - Opportunity of hearing to find if establishment is a factory.
Prosecution is lodged against the petitioner as failed to comply with the provisions of the
Act and Rules. In a challenge against the same, it is urged that before filing the complaint
opportunity for hearing should have been given to the petitioner.
Rejecting the submission, it is observed that there is no provision under the Act that before
launching prosecution, there should be first determination of the fact whether the establishment is
a factory or not. This is a question of fact which can be gone into only during the course of
hearing.
Prabhu dayal Gupta vs. State of Bihar 1993 (66) F.L.R. 398 (Pat. H.C.).
64 S.92 and Gujarat Factories Rules - Rule IIO-A Not providing identity cards is serious breach.
Offence of not providing identity cards to workers under S.92 read with Rule IIO-A is not
trivial or technical but is grave and serious. For such an offence fine of Rs.20/- is not only unduly
lenient and manifestly unjust but is quite ridiculous and travesty of justice. In the circumstances,
sentence is enhanced to fine of Rs.l020/-.
State of Gujarat vs. Lallubimi T1iakorb1im Desai 1994 I CLR 610 (Guj. H.C:). S.94 - Plea
of guilty not proper.
65 Accused repeated the offence under S.92 of the Act within span of two years. Under S.94 for such
repeated offence, the punishment of fine is not less than RS.IOOOO/-. Accused pleaded guilty but
in the said plea, the element of defence and justification for wrong doing were incorporated. Such
a plea cannot be acted upon. Proceeding remanded.
State of Gujarat vs. Dineshchandra Hirabhai Patel 1993 II CLR 607 (Guj. H.C.).
66 S..94 - Plea of guilty.
The accused gave a plea of guilty in writing wherein he cleverly put some more facts
either by way explaining away or justifying the alleged wrong committed by him. Such a plea
cannot be said to be plea of guilty at all. Proceeding remanded.
State of Gujarat vs. Harishbhai Veljibhai Tilakkar 1994 II L.L.N. 342 (Guj. H.C.).
67 S.94 - Repeated offences - Judicial Magistrate F.C. has no jurisdiction.
S.94 provides a higher punishment viz. 3 years imprisonment and fine which shall not be
less than RS. 10000/- when the offence is repeated. The Judicial Magistrate F.C. cannot impose
such sentence and as such he has no jurisdiction to try the said offence. Chief Judicial magistrate
is required to try the same.
State of Gujarat vs. Harishbhai Veljibhai TJlakkar 1994 II L.L.N. 342 (Guj. H.C.).
68 High court or Supreme court will not quash FIR lodged by the Factory inspector. S.M. Datta v.
State of Gujarat & Anr., 2001 LLR 1076 (SC).
69 An occupier of a factory owned by Government need not be Director of the company. Container
Corporation of India Ltd. V. Lt. Governor, Delhi & Ors., 2002 LLR 1068: 2002 LIC 2649: 2002-
111 LLJ 447 (Del. HC).
6.2 Section wise Citations :
Table 27.4 is useful to find out section wise citations. Only a few citations are given and many
more can be added:
Table 27.4 : Section wise Citations
Section of Subject in Brief Citation.

the Factories
Act.
2 (m) Substations and zonal stations are not factories. 1972 Lab. I.C.
1438 (SC)
2 (n) Difference between occupier and owner. 1968 (1) LLJ
12
21 1 Shifting or repairs of machinery are not normal AIR 1960 Bom
operation in the working go machinery. Therefore the 1
section does not apply.
2 Removable guards are not secured guards, Employer AIR 1264 SC
is guilty. 779
3 Grinding Wheel, dangerous part 1955 (1) ALL
ER 870
4 Dangerous parts. 1966 (1) LLJ
705.
5 Risk must be reasonably foreseeable. 1965 (2) LLJ
200
6 Failure of inspector to point out guard is no defence. 1966 (1) LLJ
705
29 Chains: Number necessary for launder. 1969, L.I.C.783
49 Meaning of ‘ordinarily’ Section 49 can apply to sugar 6 DRL All 297.
factories.
62 Failure to maintain register is one offence. If name of any one 1952 (2) LLJ
worker is not therein then, it is failure to maintain register. 80
101 Any one means any one and not more of the partners/ 1960 (1) LLJ
directors. 42,
105 CIF can file complaint as an inspector. AIR 1960 ALL
373, 1960 (1)
LLJ 288
106 1 Period of limitation 1961 (2) LLJ
717.
2 Report of accident 1947 LIC 274
(SC)
6.3 SC Judgement on 'Asbestosis' :
Consumer Education & Research Centre & Others v/s. Union of India & Others
The Consumer Education Research Centre filed a writ petition before the Supreme Court under
Article 32 of the Constitution by way of public interest litigation highlighting the occupational health
hazards and diseases to which the workmen employed in mines and asbestos industries are prone to and
seeking remedial measures for the protection of the health of the workers.
ILO Convention 162 was the base of this petition. After going through it and other discussions,
the Court held as under -
All the industries are directed :
1. To maintain and keep health record of every worker up to 40 years from the beginning of the
employment or 15 years after retirement or cessation whichever is later;
2. The Membrane Filter test, to detect asbestos fibre should be adopted by all the factories or
establishments at par with the Metalliferrous Mines Regulations, 1961; and Vienna Convention
and Rules issued thereunder;
3. All the factories whether covered by the Employees State Insurance Act or Workmen's
Compensation Act or otherwise are directed to compulsorily insure health coverage to every
worker;
4. The Union and the State Governments are directed to review the standards of permissible
exposure limit value of fibre/ or in tune with the international standards reducing the permissible
content as prayed -in the writ petition referred to at the beginning. The review shall be continued
after every 10 years and also as an when the ILO gives directions in this behalf consistent with its
recommendations or any Conventions;
5. The Union and all the State Governments are directed to consider inclusion of such of those small
scale factory or factories or industries to protect health hazards of the workers engaged in the
manufacture of asbestos or its ancillary products;
6. The appropriate Inspector of Factories in particular of the State of Gujarat, is directed to send
all the workers, examined by the concerned ESI hospital, for re-examination by the National
Institute of Occupational Health to detect whether all or any of them are suffering from asbestosis.
In case of the positive finding that all or any of them are suffering from the occupational health
hazards, each such worker shall be entitled to compensation of a sum of rupees one lakh payable
by the concerned factory or industry or establishment within a period of three months from the
date of certification by the NIOH.
6.4 SC Judgement on 'Occupier' :
Section 2(n) of the Factories Act was amended in 1987 making any one of the directors of a
company to be the occupier. This was appealed in many High Courts and ultimately in the Supreme
Court, which gave its judgement on 25-9-1996 in J.K. Industries Ltd. v/s Chief Inspector of Factories and
Boilers and Ors., etc. The SC held as under (1996 II CLR 832 and 1996 LLR 961).
1. Factories Act, 1948 - S.2(n). Proviso (ii) - Appellant is a company and runs a factory
Whether appellant has to nominate one of the Directors as 'Occupier' or that the company can
nominate an other employee as occupier by passing resolution that he will have ultimate control
over the affairs of the factory - Held that an occupier of the factory in the case of a company must
necessarily be any one of its directors who shall be so notified for the purpose of the Factories Act
and that such occupier cannot be any other employee of the company or the factory.
2. S.2(n), Proviso (ii) - As amended by amending Act of 1987 - Whether constitutionally valid Held
that the provision is constitutionally valid and is not ultra virus Articles 14, 19(l)(g) and 21 of the
Constitution of India.
3. S.2(n) and its proviso (ii) - Whether proviso, detracts from the generality of the main provision -
Held that the legislature by providing deeming fiction under proviso (ii) did not detract from the
generality of the main provision under S.2(n), but only clarified it.
4. S.2(n) - Meaning of word 'ultimate' appearing therein - Distinction between ultimate control and
immediate control - Held that in the case of a company, the ultimate control of the factory always
vests in the company, through its Board, of Directors while the Manager or any other employee,
of whatever status, can be nominated by the Board of Directors of the owner company to have
immediate or day to day or even supervisory control over the affairs of the factory.
5. Ss. 92 and 101 - Third party procedure Safeguards when an occupier is prosecuted Held that
an adequate safeguard has been provided under S.I 01, under which for the circumstances
mentioned therein, the occupier or manager can absolve himself from the liability if he can
establish to the satisfaction of the Court that he is not the real offender but it is the other person
charged by him deserves to be punished and that he had been diligent and further that the offence
was not committed with his knowledge, consent or connivance.
6.5 SC Judgement - Shriram's Case :
Two judgements were delivered by the Supreme Court (P.N. Bhagwati CJ, D P Madon &GL Oza
JJ) in a public interest litigation filed by M C Mehta and another. Petitioner vs. Union of India and others,
Respondents and have been reported in (1) AIR 1987 SC 965 and (2) AIR 1987 SC 982. They were also
reproduced in the 'Industrial Safety Chronicle' issues of (D.Jul-Sep 1986 and (2) Oct-Dec 1987.
In the First Judgement dated 17-2-1986, eleven stringent conditions were specified by the Court to
allow restarting of the plant after oleum leakage from the Shriram Foods and Fertiliser Industries, New
Delhi, on 4'h December 1985. This leakage affected a large number of persons both amongst the
workmen and the public and according to the petitioner, one advocate died due to inhalation of oleum
gas. The prohibiting orders under the Factories Act, safety measures suggested by number of Expert
Committees (Manmohan Singh Committee, Nilay Choudhary Committee, Agarwal Committee etc.),
inherent hazard or risk in hazardous industries, their need for progress, development and advancement of
well being of the people, the interests of the workmen and the community in vicinity to protect their
health and safety, effect of closure on @4000 workmen resulting in their unemployment, need of chlorine
for Delhi Water Supply undertaking, responsibilities of the occupier and officers and compliance of most
of the suggestions, by the factory were considered by the Court and it was held that
1. The management shall fulfil the II conditions set out in Para 20 of the judgement and mentioned
below.
2. To pay to the petitioner a sum of RS.IOOOO/- by Shriram as a token of appreciation as well as
the cost.
The conditions imposed by the SC in this judgement were:
1. Deposit of Rs.30000/- in the Court to meet the expenses of the members of the expert committee.
2. One operator personally responsible for each safety device.
3. Weekly inspection by the Factory Inspector of safety devices and reporting to the Court.
4. Weekly inspection by the CPCB under the Water Act and Air Act of the effluent and particulate
matter and reporting to the Court.
5. Filing of undertaking within 1 week by the management that the officer(s) will be personally
responsible for payment of compensation for death or injury in case of future escape of chlorine
gas.
6. A committee of 3 Union representatives to look after safety arrangements in the caustic chlorine
plant. Necessary training to them within 2 weeks after their nomination.
7. A chart in English and Hindi in each department and at the gate stating the effects of chlorine
on human body and treatment measures if affected by the leakage.
8. Training and 6 weekly refresher courses for every worker in the caustic chlorine plant regarding
safety precautions for chlorine.
9. Loud speakers all around the factory premises to give timely warning and instructions to the
people in vicinity in case of leakage of chlorine gas..
10. Personal protective equipment to the workers and their regular medical check-up.
11. Deposit of Rs.20 lakh in the Court for compensation claims made by or on behalf of the victims
of the oleum gas. Furnishing of the bank guarantee for Rs.l5 lakh within 2 weeks.
In the Second Judgement on application by the Shriram Industry to clarify (rather modify) the
condition No. 2, 5 and 6 stated above, the Court went through the difficulties contended by the
management, and the Court in its judgement dated 10-3-198 modified some of them and held that
1. The permission granted by the Court is subject to the conditions set out in its Order dated l"/ 2-
1986 as modified by this Order dated 10- 1986.
2. The measure of compensation in such case (harm caused by the hazardous activity) must be
proportionate to the magnitude and capacity of the enterprise to have a deterrent effect. The larger
and more prosperous the enterprise, greater must be the amount of such compensation.
6.6 SC Judgement on Radiation Protection :
This judgement was reproduced in October December 1987 issue of Industrial Safety Chronicle of
NSC, Mumbai.
In Writ Petition (Civil) No. 761 of 1986 dated 29-4-1987, M K Sharma & others. Petitioners vs.
Bharat Electronics Ltd. & others. Respondents, the Supreme Court considered the claim for
compensation by workmen on the ground of effects directly flowing out of employment, whether there
may be a direct proof or not, and held the desirability of insurance of concerned officers and workmen
against the effects of atomic radiation, at the cost of employer.
The Court also directed to send to the petitioner union at reasonable intervals the results of film
badge radiation absorption and to maintain the protective lead-shields and bi-annual checks of safety
devices by the competent authority.
6.7 TISCO Case of Imprisonment :
Judicial Magistrate First Class Shri Brajeshchandra Za, delivered a strong judgement on 4-10-
1999, for breach of Rule 55 A (2&3) of the Bihar Factories Rules, ordering the occupier Shri J. J. Irani
and the manager Shri P.N. Roy, both, to undergo imprisonment of two years and. to pay Rs. One lakh as
fine (six months more in default of fine). The accused have appealed in the High Court, it is reported.
In TISCO (TATA) factory at Jamshedpur, Bihar, an accident took place on 14-3-1991 at 12 noon
in SH Section-3 wherein a worker named Sagar Sinku died on the spot. Factory Inspector Shri
Shashibhushan investigated the accident and found that in an open railway wagon (gandola) when ingots
were put, scrap was not removed and during movement the heavy scrap was falling and lying on the rail
track. Before driving the loco-engine, instability of the heavy material was not checked. Rail-track was
also not checked. Therefore while driving, the. wheels were jumped and the loose scrap including an 8
tonne article came out and fell on the worker who died. It was also found that the wagon shutters were
not closed and instead of a trained driver, B-grade jamadar was driving the engine. Defence advocates
told that the company is giving every thing for safety, accident happened due to human error and there is
no fault of the company. The court observed that two witnesses - Sayeed Shaukat ali and Satyanarayan
had put the article in the wagon, but the company failed in supervising that the article was put properly
and safely or not. Court also criticized the driving by shunting jamadar. (Abstract from 'SalamatT,
Vadodara, May-2000 issue).
7 ROLE OF THE ILO FOR SAFETY, HEALTH AND WELFARE
7.1 Introduction :
International Labour Organisation Was established in 1919 with its headquarters in Geneva. It
has about 155 member countries and offices and experts in many countries. The opening words of its
constitution 'Universal and lasting peace can be established only if it is based on is social justice' indicate
its main object. The protection of the worker against 'sickness, disease and injury arising out of his
employment' is also one of the essential tasks of the ILO.
Standard-setting is the ILO's oldest activity and it remains its fundamental task. Between 1919
and 2006, the ILO adopted 186 conventions and 195 recommendations. Out of these about 83
Conventions and 85 Recommendations relate directly or indirectly to safety, health and working
environment. The ILO has published over 250 studies and publications dealing with safety and health.
It carries out technical co-operation, international supervision, ensuring effective application,

labour inspection, occupational health services, meetings, symposia, activities in the field of ergonomics,
expert consultancy service, employment injury statistics, vocational rehabilitation. International
Occupational Safety and Health Hazard Alert System and International Occupational Safety and Health
Information Centre (CIS) for regular ILO publication and computerised data etc. See Part 7.2.3 of
Chapter6 for ILO activities.
The last Encyclopaedia of Occupational Health and Safety (Fourth revised edition in 1998)
contains four volumes. These volumes are the best guide on many matters of health and safety.
Preparation of international standards for the protection of workers' health is its main aim. Such
standards, in the form of Conventions and prevention, labour inspection, occupational health and
diseases, maximum weight, electrical accidents etc.
Another major sector of ILO's work consists in the provision of expert advice and technical
assistance in matters connected with labour and social policy. Assistance is provided under the United
Nations programmes of technical cooperation as well as under the ILO's regular budget. Much of this
operational work lies in the fields of manpower training and utilisation, improvement of work methods
and organisation, labour administration and the development of effective systems of industrial relations
and social security.
These activities are organised by the International Labour Office, and international staff in
Geneva with a field network in most parts of the world. The Office is also the permanent secretariat of
the Organisation and a clearing house for international information and research. It is headed by a
Director General appointed by a Governing Body of 24 government representatives, 12 representatives of
management and 12 representatives of labour, which meets three times a year.
In addition to the above activities, matters of concern to particular region and industries are
discussed periodically by special conferences and committees. Many specialised technical meetings are
organised. An International Institute of Labour Studies, set up by the Organisation at Geneva, provides
persons occupying positions of responsibility in the different countries with opportunities for advance
study of labour policy questions.
The main activities of the ILO in the field of safety, health and welfare can be broadly classified
as under:
1. Conventions and Recommendations.
2. Standards and Codes of Practice.
3. Exchange of technical information & Research.
4. Technical co-operation activities.
They are explained in brief below :
7.2 Conventions and Recommendations:
Since its inception in 1919, the ILO has adopted over 300 international instruments - Conventions
and Recommendations. A Convention is a legal document regulating some aspects of labour
administration, social welfare or human rights. A Convention creates binding obligations by virtue of its
ratification by the member- country concerned. A Recommendation is complementary to a Convention
except-that it is not subject to ratification. The very first Convention of the ILO, adopted in 1919, was on
working hours in industry, the one, adopted in 1990, is on chemical safety and one adapted in 1993 is on
major Industrial Accidents. It reflects the current practices and
These international agreements (Conventions) and recommendations relate to basic rights of

labour, employment and training, conditions of work, social security and protection at work and are the
result of detailed discussion at the annual International Labour Conference, comprising four delegates
(two representing Government, one representing management and one representing labour ) from each
member country, speaking and voting individually. The .Conventions and Recommendations are not
automatically binding, but governments must submit them to their national legislatures. Reports from
the different governments on their implementation are examined annually by the Conference and there is
also machinery for examination of complaints, including alleged violation of freedom of association.
Though due to socio - economic conditions in the country and the prevailing situation it has not
been possible for our country to ratify all of these Conventions. Most of the requirements are met to some
extent in organised sectors of our industries such as some big factories, mines and docks.
Some ILO Conventions and Recommendation pertaining to Safety Health and Environment are
give: in Table 27.5.
Table 27.5 : ILO Conventions & Recommendations
Subject Convention No. and Year Recommendation No. and Year.

Workmen’s Compensation 12 (1921) 17, 18 19 (1925) 42, 22, 23, 24, 25 (1925)
(1934)
Anthrax Prevention - 3 (1919)
Lead Poisoning - 4 (1919)
White Lead (Painting) 13 (1921)
White phosphorous - 6 (1919)
Medical Examination 16 (1921), 73, 77, 78 (1946), 113 79 (1946)
(1959), 124 (1965)
Medical Advice - 106 (1958)
Sickness Insurance 25 (1927), 56 (1936) 29 (1927)
Protection of worker’s health - 97 (1953)
Marking of weight 27 (1929)
Protection against Accidents 28 (1929), 32 (1932) 33, 34 (1929) 40 (1932)
Sheet Glass works 43 (1934)
Underground work (women) 45 (1935)
Safety Provisions (Buildings) 62 (1937) Construction 167 53 to56 (1937) 175 (1988)
(1988)
Labour Inspection 81 (1947) 129 (1969) 5 (1919), 20 (1923), 28 (1926),
81, 82 (1947), 133 (1969)
Labour Standards 83 (1947)
Labour Inspectorates 85 (1947) 59 (1939)
Radiation protection 115 (1960) 114 (1960)
Power – driven machinery - 32 (1929)
Guarding of machinery 119 (1963) 118 (1963)
Hygiene (Commerce & Officer) 120 (1964) 120 (1964)
Employment Injury Benefits 121 (1964) 121 (1964)
Maximum weight 127 (1967) 128 (1967)
Medical Care & sickness 130 (1969) 69 (1944), 76 (1946), 134 (1969)
Benefits
Prevention of Accidents 134 (1970) 31 (1929), 142 (1970)
Benzene 136 (1971) 144 (1971)
Occupational Cancer 139 (1974) 147 (1974), 194 (2002) list of
occupational diseases
Working Environment (Air 148 (1977) 156 (1977)
pollution, Noise & Vibration)
Labour Administration 150 (1978) 158 (1978)
Occupational safety & Health 152 (1979), 155 (1981) 161 112 (1959), 164 (1981), 160
(1985) (1979) 171 (1985)
Labour Statistics 160 (1985)
ILO Conventions ratified by India are give in Table 27.6
Table. 27.6 : ILO Conventions Ratified by India
Sr. No. No. and Title of Convention Date of Registration of

Ratification
1 No. 1 Hours of work (Industry) Convention 1991. 14-7-1921
2 No. 2 Unemployment Convention, 1919. 14-7-1921 denounced on 16-4-
1938
3 No. 4 Night Work (Women) Convention, 1919 14-7-1921
4 No. 5 Minimum Age (Industry) Convention, 1919. 9-9-1955
5 No 6 Night Work of Young Persons (Industry) 14-7-1921
Convention 1919
6 No. 11 Right of Association (Agriculture), 11-5-1923
Convention, 921
7 No. 14 Weekly Rest (Industry) convention, 1921 11-5-1923
8 No. 15, Minimum Age (Trimmers and Stokers) 20-11-1922
Convention, 1921
9 No. 16 Medical Examination of Young Persons (Sea) 20-11-1922
Convention 1921.
10 No. 18 Workmen’s Compensation (Occupational 30-9-1927
Diseases) Convention 1925
11 No. 19 Equality of Treatment (Accident 30-9-1927
Compensation) Convention 1925.
12 No. 21 Inspection of Emigrants Convention, 1926 14-1-1928
13 No. 22 Seamen’s Articles of Agreement Convention, 31-10-1932
1926
14 No. 26 Minimum wage-fixing Machinery 10-1-1955
Convention, 1928
15 No. 27 Marking of weight (Packages transported by 7-9-1931
vessels) Convention, 1929.
16 No. 29, Forced labour convention, 1930 30-11-1954
17 No. 32 Protection against Accidents (Dockers) 10-2-1947
Convention (Revised) 1932.
18 No. 41 Night work (Women) Convention (Revised) 22-11-1935 denounced on
1934. 27-02-1950
19 No. 42, Workmen’s Compensation (Occupational 13-1-1964
Diseases) Convention (revised), 1934.
20 No. 45 Underground work (Women) convention. 25-3-1938
1935
21 No. 80 Final Articles Revision convention, 1946. 17-11-1947
22 No. 81, Labour Inspection Convention, 1947. 7-4-1949
23 No. 88, Employment service convention, 1948. 24-6-1959
24 No. 89, Night work (Women) Convention (Revised) 27-2-1950
1948.
25 No. 90 Night work of Young Persons (Industry) 27-2-1950
Convention (Revised), 1948.
26 No. 100 Equal Remuneration Convention, 1951. 25-9-1958
27 No. 105, Abolition of Forced Labour Convention, 18-5-2000
1957
28 No. 107, Indigenous and Tribal populations 2-9-1958
Convention, 1957
29 No. 108, Seafarers’ Identify documents Convention 17-1-2005
1958.
30 No. 111, Discrimination (Employment and 3-6-1960
Occupation) Convention, 1958.
31 No. 115, Radiation protection, Convention, 1960. 17-11-1975
32 No. 116, Final Articles Revision Convention, 1961. 21-6-1962
33 No. 118, Equality of Treatment (Social security) 19-8-1964
convention 1962.
34 No. 122 employment of policy Convention, 1964 17-11-1998
35 No. 123, Minimum Age (Underground work) 20-3-1975
Convention, 1965.
36 No. 136 Benzene Convention, 1971 11-6-1991
37 No. 141, Rural Workers Organisations Convention, 18-8-1977
1975.
38 No. 144, Tripartite Consultation (International) 27-2-1978
Labour Standards) Convention, 1976.
39 No. 147, Merchant shipping (Mini. Std) Convention, 26-9-1996
1976
40 No. 160 Labour statistics convention, 1985 1-4-1992
41 Protocol of 1990 to Night Work (Women) 21-11-2003
Convention, (Revised0 1948
Details of above conventions and recommendations are available on http://
www.ilo.org/ilolex/cgi-lex/convde.
A brief note of some conventions and recommendation is given below. For details the full text
should be referred.
(1) Occupational Safety and Health (Conv. 155 and Recom. 164 of 1951) :
This convention was adopted on 22-6-1982 and includes -
1. Scope and Definition regarding branches of economic activity, workers, workplace, regulations
and health.
2. Principles of National Policy concerning SHE to prevent accidents and injury. It should include
safety of workplaces, working environment, tools, machinery, equipment, work processes and
chemical, physical and biological agents, training, communication and cooperation, respective
functions and responsibilities.
3. Action at the National level requiring formulation and enforcement of laws and regulations,
guidance to employers and workers, functions of authorities, designers and manufacturers,
imminent danger, education and training.
4. Action at the level of Undertaking regarding safety of workplaces, machinery, processes etc,-
control measures including PP"E, emergency plans, obligations of workers, safety training,
reporting of imminent danger and co-operation.
5. Final provisions requiring ratification, denunciation after 10 years etc.
Supplementing above convention, the Recommendation adopted on 22-6-1981 includes -
1. Scope and Definitions of branches of economic activity, workers, workplace, regulation and
health.
2. Technical Fields of Action regarding priority to eliminate hazards at source, safe design,
maintenance and means of access, lighting, ventilation, cleanliness, temperature, humidity, air
movement, testing and inspection of machinery, prevention of harmful stress, material handling,
use of electricity, safe use of dangerous substances, radiation protection, noise and vibration,
ambient factors, fire and explosion, PPE, welfare facilities, first-aid, emergency plans and health
supervision.
3. Action at the National level for policy and technical actions implementation, making codes of
practice for safety & health, laws on safety & health, studies & research, information and advice
to employers and workers to eliminate hazards, liaison with ILO, system of inspection and co-
operation with public authorities.
4. Action at the level of Undertaking regarding safety of workplaces, machinery, equipment &:
methods, instruction, training & supervision PPE, working hours, physical and mental fatigue,
safety policy and committee, health and safety service, safety standards, records and workers'
safety duties.
See Sec. 7A & 41 B of the Factories Act and Rules 68K to 68Q and certain schedules N/r 102,
GFR.
(2) Occupational Health Services (Conv. 161 and Recom. 171 of 1985) :
This convention was adopted on 26-6-1985 and
1. Principles of National Policy.

2. Functions by Employers.
3. Organization of occupational health services
4. Conditions of operation and
5. General Provisions.
Here 'Occupational health services' means services entrusted with essentially preventive functions
and responsible for advising the employer, the workers and their representatives in the undertaking for
maintaining safe and healthy working environment and adaptation of. work not beyond the capabilities of
National policy is suggested on this matter. Employers' functions include risk assessment, welfare
facilities, safe workplaces and practices, equipment, ergonomics, health surveillance, vocational
rehabilitation, training, first aid, emergency treatment and analysis of occupational accidents and
diseases.
Laws and regulations are expected on this aspect. Workers should be informed of their health
hazards. Absence due to ill health is to be reported.
Supplementing the above convention, Recommendation was adopted on 26-6-1985 which

includes –
1. Development of occupational health services for workers.

2. Preventive role of such health services.
3. Assessment of risks, PPE, monitoring methods and control systems to eliminate or reduce
exposure.
4. Functions of occupational health services.
5. Surveillance of workers' health i.e. pre-employment, periodical and post employment medical
examinations, detection of exposure levels, biological monitoring, reporting of absences due to
health reasons, health records, fitness certificate etc.
6. Training programmes on health and hygiene.
7. Informing workers about their health hazards and health records.
8. First aid and emergency treatment for accidents, immunisation for biological hazards and medical
aspects of vocational re-education and rehabilitation.
9. Common services to different undertakings permissible.
10. Standards for. premises and equipment can be prescribed.
11. Health services and safety services can be organised where appropriate.
See Sec. 41-C and Sch. 3 of the Factories Act and Rules 68R to 68 V of the GFR.
(3) Asbestos (Conv. 162 & Recom 172 of. 1986) :
This convention was adopted on 24-6-1986 and includes six parts as under -
1. Scope and Definitions.
2. General principles.
3. Protective and preventive measures.
4. Surveillance of working environment and workers' health.
5. Information and Education.
6. Final provisions.
Definitions of asbestos, asbestos dust, airborne asbestos dust, respirable asbestos fibres and
exposure to asbestos are explained. National laws, their enforcement, system of inspection and
responsibility of employers and workers are prescribed.
Protective measures include- engineering controls, workplace hygiene, substitution of harmless

process, prohibition of crocidolite and spraying of asbestos, labelling of container, exposure limits,
respiratory equipment, special protective clothing, demolition work by authorised persons, washing and
bathing facility, safe disposal, preservation of record, medical examinations, notification of diseases,
education and training.
Supplementing above Convention, Recommendation was adopted on 24-6-1986 which

includes
1. Scope and definitions as in Convention.
2. Consideration of code of practice on safety in the use of asbestos published by ILO.
3. Consultation with safety committee or workers representative.
4. Programme to prevent and control workers' exposure. No of persons and duration of exposure
should be minimum.
5. Segregation of workplaces and use of control equipment.
6. Supply and use of MSDS.
7. Control of TWA limits and. maintenance of ventilation systems, machinery and protective
appliances. Safe cleaning of workplaces.
8. Supply of respiratory equipment, special protective clothing and work clothing at no cost to the
workers.
9. Measurement and sampling of exposure levels, medical examinations and health records.
10. Information and education for employers, workers and others.
See Sch. 17 u/r 102, GFR.
(4) Safety in the use of Chemicals at work(Con.l70 and Rec.l77 of 1990)
The ILO Convection No.170 and Recommendation No-177 were adopted on 25-6-1990 for the
purposes of:
1. Evaluating chemicals for their hazards.

2. Providing information of chemical hazards from suppliers to employers and to workers.
3. Establishing principles and co-operation to use chemicals safely.
The convection provides for classification systems, labelling and marking of chemicals to identify
their hazards, material safety data sheets, responsibility of suppliers, employers and exporting states and
duties and rights of workers. Employers' responsibilities include identification of chemicals, safe transfer
of chemicals, control of exposure and operations, safe disposal and information, training and co-operation
to workers.
The Recommendation applies in conjunction with the Convection and prescribes details of:
1. Criteria for classification of chemicals.
2. Labelling and marking.
3. Chemical safety data sheet.
4. Monitoring of exposure.
5. Operational control within the workplace.
6. Medical surveillance.
7. First aid and emergencies.
8. Co-operation amongst employers, workers and suppliers.
9. Rights of workers.
The criteria suggested for classification include:

1. Toxic properties including acute and chronic health effects, allergenic, sensitising, carcinogenic,
teratogenic and mutagenic effects and effects on reproductive system.
2. Chemical and physical properties including flammable, explosive, oxidising and dangerously
reactive properties.
Control measures are also suggested to assess, monitor and record chemical concentrations at
workplace, to prevent occupational diseases, fire, explosion and other events, to select safe chemicals,
processes, technology, engineering controls, working systems, practices, personal hygiene measures,
suitable PPE, signs, notices and to make safe provisions for emergency preparedness, storages, labelling,
loading/ unloading, transport, waste disposal, medical surveillance and first-aid arrangements.
See Sch. 19. u/r 102, GFR.
(5) Prevention of Major Industrial Accidents (Con, 174 & Recom. 181 of 1993)
This convention was adopted on 22-6-1993 and provides following parts
1. Scope and Definitions.

2. General principles.
3. Responsibilities of Employers - Identification, Notification of installation. Arrangements of
installation. Safety report and Accident reporting.
4. Responsibilities of Authorities - Offsite emergency plan. Sitting of MAJH installations and
Inspecting staff for them.
5. Rights and Duties of workers and their representatives.
6. Responsibility of Exporting States and
7. Final provisions.
Supplementing above convention, Recommendation was also adopted on the same day which
provides for exchange of information with ILO on safety management, process safety, major accidents,
lessons from near misses, technical and medical control measures and systems to compensate workers.
See MSIHC Rules 1989 and Rule 68J of GFR incorporating intention and details' of above
Convention and Recommendation. See Chapter 28 for such laws.
Each MAH installation employing == 100 workers is required to employ one Safety Officer in
Gujarat vide notification dated 28-5-2004 of the Labour and Employment Dept, Sachivalaya,
Gandhinagar.
7.3 Standards and Codes of Practice :
Another form of ILO standards are the Model Codes of Regulations. Amongst these is the Model
of Regulations for Industrial Establishments for the guidance of governments, applicable to the majority
of industrial undertakings and covering all matters concerning occupational hygiene, welfare and health.
Further guidance is provided in codes of practice to be used as reference work by any one in
charge of formulating detailed regulations or responsible for the occupational safety and health. More
than 20 codes of practice have been drawn up so far, covering either different sectors of activity (such as
a mines, agriculture, forestry, construction and public works, ship building and repairing, iron and steel),
or particular risks (lonising radiation, noise and vibration, exposure to airborne harmful substances).
Codes of practice indicate "What should be done, they are. prepared by meetings of experts and their
publication is approved by the ILO Governing Body.
These codes are further being supplemented by Guides .or Manuals often taking the form of
illustrated texts showing practical ways of solving various problems at plant or work level; e.g. Dust
prevention in Mining, Tunnelling and Quarrying; Guide for Labour Inspectors; Accidents prevention (A
Workers' Education Manual), Guide on Forestry Work; Guide on Safety in Agricultural Work and a
series of manuals on Industrial Radiation Protection, ranging from the relevant Convection (No. 115) to
the Mining and Milling of Radioactive ores.
It is fair to say that ILO standards have exerted considerable influence on the laws and regulations
of member country. Many texts have been modelled on the relevant provisions of ILO instruments; drafts
of new legislation or amendments are often prepared with ILO standards in mind so as to ensure
compliance with ratified Conventions or to permit the ratification of other Conventions; trade unions use
ILO standards to support arguments in bargaining and in promoting legislation; Governments
frequently consult the ILO both formally and informally, about the compatibility of proposed texts with
international labour standards.
The ILO has prepared a "Code of Practice of Major Hazard Control", The Code of Practice is
written in legislative style so that it can be a model for national legislation in this field.
7.4 Exchange of Technical Information and Research
This activity covers the issue of various publications such as studies, reports on enquiries,
monographs, collection of laws, manuals, guides, etc. Thus during the last ten years, the ILO has
published over 160 different studies and other publications dealing with occupational safety and health.
The subject-matters dealt with in some more recent publications include, in addition to the
manuals and guides already mentioned: report on the maximum weight carried by one worker, the
medical inspection of labour, electrical accidents, and related matters. The ILO also publish, at fixed
intervals, directories on occupational safety and health services and institutions on safety courses and a
catalogue of safety and health films produced the world over.
Together with a number of international and regional organisations and some 30 odd national
centres, the "ILO set up in 1960 the International Occupational Safety and Health Information
Centre(CIS). The essential aim of the Centre is to make information available rapidly and systematically
to interested quarters on all aspects of occupational safety and health in every type of industrial activity.
The information is printed on cards and in a bulletin despatched every four weeks to subscribers. The
centre is supplied with information by national centres in additions to that submitted directly by the
authors or editors of books, studies or articles. Another type of publications by the office are those in the
"Occupational Safety and Health" series of which over 30 have so far been produced, starting in 1963.
They aim at disseminating technical information among those interested in the lLO's work on the
conclusions adopted by technical meetings or panels of experts.
An encyclopaedia on occupational safety and health, mentioned earlier, is intended for a vast
readership and should be of interest to all concerned, both in the public as well as in the private sectors
who are directly or indirectly responsible for the worker's safety and health, as well as to those who are
concerned with these problems in any other context and who sometimes find it difficult to have access to
the information required by them since this is often either too specialised or hard to obtain:
7.5 Technical Co-operation Activities :
The main forms of such technical assistance is the assignment of experts to evaluate conditions of
safety and health obtaining in a given country and advising Government and Industry on the best means
and ways of developing and strengthening the measures aimed at preventing accidents and occupational
diseases and improving the conditions of work; this is very often accompanied by the assistance in the
preparation of revision of the pertinent legislation and administrative procedures in this field. In many
cases, technical equipment, often of the most advanced and sophisticated type, is being provided for the
laboratory, demonstration and teaching purposes together with expert advice on their use. The ILO grants
fellowships for studies/training in Safety and Health techniques as well as in conducting seminars and
training centres in the countries, mostly on a regional basis. Local efforts for the organisation of activities
are also being suggested and furthered by the office.
EXERCISE
1. Explain, State, Mention or Discuss :

1 Stages of Development of safety movement in the. world.
2 History of factory legislation in India.
3 Development and provisions of the Factories Act 1891 or that of 1911.
4 Provisions of the Factories (Amendment) Act 1976 or 1987.
5 Main safety provisions of the Factories Act 1948 .as on today.
6 Provisions pertaining to the hazardous processes under the Factories Act, 1948.
7 'Shriram' food and fertilizer's case by Supreme court's judgment.
8 Role of ILO for Safely, Health & Welfare.
9 Any one ILO Convention on Safety or Health in detail.
10 Safety provisions of any one machine u/r 54 of the Gujarat Factories Rules, 1963.
11 Safety provisions of any one Dangerous operation u/r 102 of the GFR.
12 Provisions of medical requirements under the Factories Act and GFR as on today.
13 Fire Safety provisions under GFR.
14 Provisions of 'Chemical works' under GFR or of 'Benzene' manufacture.
15 Provisions regarding ‘competent person’.
16 Safe working with pesticides.
17 Safety Provisions for "pottery' or 'foundry'.
18 Provisions regarding ventilation and Temperature.
2. Write Short Notes on :

1 Earlier views of US courts on labour laws.
2 History of Labor legislation in England.
3 The first Factories Act 1881.
4 The Factories Act 1922.
5 Major Provisions of the Gujarat Factories (Amendment) Rules, 1995.
6 Health provisions or welfare provisions under the Factories act as on today.
7 SC judgment on 'Asbestosis' or on 'Occupier'.
8 ILO conventions.
9 Safety aspects of Hoists & Lifts.
10 Fencing of machinery.
11 Protection of eyes.
12 Thermic Fluid Heater or Ovens & Driers.
13 Reaction Vessel and Kettle.
14 Working on fragile roof.
15 Revolving machinery.
16 Safety provisions to work in explosive or toxic atmosphere.
17 Ambulance room.
18 Constitution and working of safety committee.
19 Safety provisions for pressure vessels or lifting machines.
20 Provisions u/s 41-B of the Factories Act.
3. Explain the Difference between :

1 Provisions of Chapter 4 and 4A of the Factories Act 1948.
2 Convention, Recommendation and Ratification of ILO.
3 Hoist and Lift.
4 Working at height and working in confined space under the provisions of the Factories
Act.
5 Fixed guard and interlock guard with example.
6 Onsite and offsite emergency plan.
7 Safety policy and safety committee.
8 TLV and STEL value with example.
9 Accident and dangerous occurrence.
10 'Director' in public limited company and the Government company.
11 Duties of 'Safety officer' and 'Welfare officer'.
12 Hazardous process and manufacturing process.
13 Machinery and transmission machinery.
14 Lifting machine and lifting tackle.
4. Comment on following explaining whether it is True or False?

1 Oldest need of labor laws was felt necessary for children and women and not for adult
men for safety.
2 Earlier laws were in favour of employers and not in favour of employees.
3 Offences under the Factories Act do not attract absolute criminal liability.
4 Interpertain of the Factories Act should be liberal and beneficial in favour of workers but
strict in favour of occupiers.
5 Height of transmission machinery above 15 ft was considered safe by position.
6 Guard should be provided only when Factory Inspector suggests it.
7 If someone removes the guard, it can be pleaded as valid defence by the occupier.
8 'Manufacturer did not provided a guard and therefore it was not there' can be a defense by
the accused'.
9 Ignorance of law can be pleaded as defense.
10 Uncovered pit has inherent danger.
11 Compliance with safety measurers is not mandatory.
12 Contractors' workers are not the. workers under the Factories Act 1948.
13 Judge can inflict any fine, even less than minimum prescribed.
14 Not providing identify cards to workers is not a serious offence.
15 Where canteen is provided, lunch room is not necessary.
16 Two-hand control is not useful while working on power-press.
17 When there are two safety valves on a pressure vessel, their set pressure difference should
be more than 10%.
18 Breathing space required by each worker in a work room should at least 16.2 cu.mts.
19 Power includes all types of energy including animal energy.
20 'Acid' under Sch-12 includes chlorosulphonic acid also.
Reference and Recommended Reading
1. The Factories & Labour Manual by R. Mathrubutham & R Srinivasan, The Madras Law Journal
Office, Madras.
2. Commentaries on the Factories Act 1948, K.D. o Srivastava, Eastern Book Co., Lucknow - 1.
3. Factory Laws in Gujarat, K.L. Sethi, United Law Publishers ltwara, Indore.
4. Factory Law in Gujarat M.L. Jindal, India Publishing House, HC Road, Jodhpur-1.
5. Factories Act, Sethi R.B. & Dwivedi R.N. Law Book Co. Allahabad-1
6. The Industrial Law, P.L. Malik, Eastern Book Co. Lucknow-1.
7. Digest of Factory Law Cases under the Factories Act, 1948.
8. Labour Law Journal Digest.
9. Encyclopaedia of Occupational Health & Safety, ILO, Geneva.
10. Synopsis of the Gujarat Factories (Amendment) Rules, 1995, by K.U. Mistry, Siddharth
Prakashan, Ahmedabad.
11. International labour Conventions and Recommendations, 1919-1994 - TT.O
Note : The Content mentioned in this Chapter must be updated with the amended law for the purpose of
Examination or Applicability.

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CHAPTER – 27

Factories Act and Case Law

1 HISTORY OF THE SAFETY MOVEMENT AND THE

1.1 Development of the Safety Movement:

1.1.1 The Oldest History of Labour Laws :

1.1.2 History of Labour Legislation in England:

1. To protect exploitation of defenceless workers by avaricious employers.

1.1.3 Stages of Development of Safety Movement:

1. The improvement of the environment or the removal of physical hazards.

1.1.4 History of Factory Legislation in India :

1.2 The Factories Act, 1881 :

1.3 The Factories Act 1891 :

1. Registration of a factory on employment of 50 or more workers.

1.4 The Factories Act 1911 :

1.5 The Factories Act 1922 :

1. Industrial undertakings using mechanical power and employing 20 or more persons.

1.6 The Factories Act 1934 :

1. Adequate inspection and strict observance of the Act.

1.7 The Factories Act 1948 (The present Act) :

Statement of Objects and Reasons :

The Act at a glance :.

1.8 The Factories (Amendment) Act 1954:

1.9 The Factories (Amendment) Act 1976:

Its main amendments were :

2. Approval of the plan and prior permission for the site.

1.10 The Factories (Amendment) Act 1987:

In its Statement of Objects and Reasons it was stated that -

Its major provisions are :

1.11 The Gujarat Factories (Amendment) Rules, 1995 : ,

Major provisions are as under :

For details see Reference No. 10 at the end-of this chapter.

2 THE ACT AND RULES AT A GLANCE

Table 27.1 : Framework of the Factories Act & Rules

Sec Subject Rule No. Sch. Form No.

3 SUBJECTS OF THE SCHEDULES

Table 27.2 : Schedules under the GFR

Sr. Subject of the Schedule The Number of

4 SUBJECTS OF THE FORMS

Table 27.3 : Forms under the GFR

Form No. Subject Rule No

5 SOME ABSTRACT OF THE ACT AND RULES

5.1 Safety Provisions :

5.2 Health Provisions :

6 THE CASE LAW

1. Law, common law and natural justice.

6.1 Citations under the Factories Act :

6.2 Section wise Citations :

Table 27.4 : Section wise Citations

Section of Subject in Brief Citation.

6.3 SC Judgement on 'Asbestosis' :

All the industries are directed :

6.4 SC Judgement on 'Occupier' :

6.5 SC Judgement - Shriram's Case :

The conditions imposed by the SC in this judgement were:

6.6 SC Judgement on Radiation Protection :

6.7 TISCO Case of Imprisonment :

7 ROLE OF THE ILO FOR SAFETY, HEALTH AND WELFARE