Fencing of machinery
Section 21 of the Factories Act, 1948 deals with fencing of machinery. In every factory the following, namely :- (i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not;
(1) In every factory the following, namely :- (i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not;
(ii) the headrace and tailrace of every water-wheel and water turbine:
(iii) any part of a stock-bar which projects beyond the head stock of a lathe; and (iv) unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, the following, namely :- (a) every part of an electric generator, a motor or rotary converter;
(b) every part of transmission machinery; and (c) ever dangerous part of any other machinery; shall be securely fenced by safeguards of substantial construction which 1[shall be constantly maintained and kept in position] while the parts of machinery the y are fencing are in motion or in use: 2[Provided that for the purpose of determining whether any part of machinery is in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when- (i) it is necessary to make an examination of any part of the machinery aforesaid while it is in motion or, a s a result of such examination, to carry out lubrication or other adjusting operation while the machinery is in motion, being an examination or operation which it is necessary to be carried out while that part of the machinery is in motion, or (ii) in the case of any part of a transmission machinery used in such process as may be prescribed (being a process of a continuous nature the currying on of which shall be, or is likely to be , substantially interfered with by the stoppage of that part of the machinery), it is necessary to make an examination of such part of the machinery while it is in motion or, a s a result of such examination, to carry out any mounting or shipping of belts or lubrication or other adjusting operation while the machinery is in motion, and such examination or operation is made or carried out in accordance with the provisions of sub-section (1) of section 22.] 1. Subs. by Act 94 of 1976, s. 10, for "shall be kept in position" (w.e.f. 26-10-1976). 2. Subs. by s. 10, ibid., for the proviso (w.e.f. 26-10-1976).
(2) The State Government may by rules prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from the provisions of this section.
Section 21, The Factories Act, 1948 (Act 63 of 1948).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Questions about Section 21
What does Section 21 of the Factories Act deal with?
Section 21 of the Factories Act is headed "Fencing of machinery". In every factory the following, namely :- (i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not;
How do I find court cases under Section 21 of the Factories Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Factories Act 1948 Bihar 21, section 21 Factories Act 1948 Bihar, section 21 of the Factories Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 21 of the Factories Act, and has it changed?
Its own text turns on section 22 (Work on or near machinery in motion), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was the Factories Act enacted?
Factories Act was enacted in 1948 as Act 63 of 1948. India Code records no commencement date for it. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/95a48c2f-32e3-4ab3-ae03-ece0be734d0c.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/cba8f9ed-af73-4552-953f-6602e41c3554/content). This page is not a substitute for legal advice.