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Factories Act, 1948 Section 75

Title : Power to Require Medical Examination

State : Central

Year : 1948

Where an Inspector is of opinion-- (a) that any person working in a factory without a certificate of fitness is a young person, or (b) that a young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein, he may serve on the manager of the factory a notice requiring that such person or young person, as the case may be, shall be examined by a certifying surgeon, and such person or young person shall not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person. View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 87A

Title : Power to Prohibit Employment on Account of Serious Hazard

State : Central

Year : 1948

1 [87A. Power to prohibit employment on account of serious hazard (1) Where it appears to the Inspector that conditions in a factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed. (2) Any order issued by the Inspector under sub-section (1) shall have effect for a period of three days until extended..... View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 101

Title : Exemption of Occupier or Manager from Liability in Certain Cases

State : Central

Year : 1948

Where the occupier or manager of a factory is charged with an offence punishable under this Act, he shall be untitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as the actual offender brought before the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court-- (a) that he has used due diligence to enforce the execution of this Act, and (b) that the said other person committed the offence in question without his knowledge, consent or connivance, that other person shall be convicted of the..... View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 111

Title : Obligations of Workers

State : Central

Year : 1948

(1) No worker in a factory-- (a) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein; (b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and (c) shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein. (2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 20

Title : Spittoons

State : Central

Year : 1948

(1) In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition. (2) The State Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition. (3) No person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises. (4) Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees. View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 28

Title : Hoists and Lifts

State : Central

Year : 1948

(1) In every factory-- (a) every hoist and lift shall be- (i) of good mechanical construction, sound material and adequate strength; (ii) properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of very such examination; (b) every hoistway and liftway shall be sufficiently protected by an enclosure fitted with gates, and the hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part; (c) the maximum safe working load shall be plainly marked on every hoist or lift, and no load greater than such toad shall be carried..... View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 30

Title : Revolving Machinery

State : Central

Year : 1948

( 1 )1[In every factory] in which the process of grinding is carried on there shall be permanently affixed t o or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed. ( 2 ) The speeds indicated in notices under sub-section ( 1 ) shall not be exceeded. ( 3 ) Effective me asures shall be taken in every factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket, fly-wheel, pulley, disc or similar appliance driven by power is not exceeded. __________________ 1. Substituted by Act 20 of..... View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 34

Title : Excessive Weights

State : Central

Year : 1948

(1) No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury. (2) The State Government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying or any specified process. View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 41C

Title : Specific Responsibility of the Occupier in Relation to Hazardous Processes

State : Central

Year : 1948

Every occupier of a factory involving any hazardous process shall-- (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed; (b) appoint persons who possess qualifications and experience in handling hazardous substances and arc competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed: Provided that where any question arises as to the qualifications and experience of a person so..... View Complete Act      List Judgments citing this section

Factories Act, 1948 Section 41H

Title : Right of Workers to Warn About Imminent Danger

State : Central

Year : 1948

(1) Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is incharge of the factory or the process concerned directly or through their representatives in the Safety Committee and simultaneously bring the same to the notice of the Inspector. (2) It shall be the duty of such occupier, agent, manager or the person incharge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest Inspector. (3) If the occupier, agent, manager or..... View Complete Act      List Judgments citing this section


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