Section 9

Section 9 of the Factories Act, 1948. Subs. by Act 20 of 1987, s. 2, for "relay" (w.e.f.

Subs. by Act 20 of 1987, s. 2, for "relay" (w.e.f. 1-12-1987). STATE AMENDMENTS Maharashtra Amendment of section 2 of 63 of 1948 .- In section 2 of the Factories Act, 1948 (63 of 1948), in its application to the State of Maharashtra (hereinafter referred to as "the principal Act"), in clause (m),- (a) in sub-clause (i), after the words "whereon ten or more workers" the words "or such number of workers as may be specified by the State Government by notification, from time to time" shall be inserted;

(b) in sub-clause (ii), after the words "whereon twenty or more workers" the words "or such number of workers as may be specified by the State Government by notification, from time to time" shall be inserted;

(c) after sub-clause (ii), the following proviso shall be inserted, namely :- "Provided that, the number of workers to be specified by the State Government in sub-clauses (i) and (ii) shall not exceed twenty and forty workers, respectively.". [Vide Maharashtra Act 40 of 2015, s. 2]. Ladakh (UT) Section 2 .- In clause (m), (i) in sub-clauses (i) for the words "ten or more workers", the words "twenty or more workers" shall be substituted;

(ii) in sub-clause(ii), for the words "twenty or more workers", the words "forty or more workers" shall be substituted. [Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] Jammu and Kashmir (UT) Section 2 .- In clause (m), in sub-clauses (i) and (ii), for "ten" and "twenty", substitute "twenty" and "forty" respectively. [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3465(E), dated (5-10-2020).] Uttar Pradesh Amendment of section 63 of 1948 .- In section 2 of the Factories Act, 1948 as amended in its application to Uttar Pradesh, herein after referred to as principal Act, in clause (m), -- (i) in sub-clause (i), for the words "ten or more", the words "twenty or more" shall be substituted;

(ii) in sub-clause (ii), for the words "twenty or more", the words "forty or more" shall be substituted. [Vide Uttar Pradesh Act 13 of 2018, s. 2] Arunachal Pradesh Amendment of section 2 .- In section 2 of the Factories Act, 1948 (Central Act 63 of 1948), as in force in the State of Arunachal Pradesh (hereinafter referred to as the "principal Act"), in clause (m), -- (i) in sub-clause (i), for the words "ten or more workers" , the words "twenty or more workers" shall be substituted.

(ii) in sub-clause (ii), for the words "twenty or more workers" the words "forty or more workers" shall be substituted. [Vide Arunachal Pradesh Act 6 of 2020, s. 2] Rajasthan Amendment of section 2, Central Act No. 63 of 1948 .- In section 2 of the Factories Act, 1948 (Central Act No. 63 of 1948), in its application to the State of Rajasthan, hereinafter referred to as the principal Act,- (i) in sub-clause (i) of clause (m), for the existing word "ten", the word "twenty" shall be substituted; and (ii) in sub-clause (ii) of clause (m), for the existing word "twenty", the word "forty" shall be substituted. [Vide Rajasthan Act 20 of 2014, s. 2] 3. Reference to time of day .- In this Act references to time of day are references to Indian Standard Time, being five and a half hours ahead of Greenwich Mean Time: i alisation en 'anne Provided that for any area in which Indian Standard Time is not ordinarily observed the State Government may make rules- (a) specifying the area, (b) defining the local mean time ordinarily observed therein, and (c) permitting such time to be observed in all or any of the factories situated in the area. 1[4. Power to declare different departments to be separate factories or two or more factories to be a single factory .- The State Government may, 2[on its own or] on an application made in this behalf by an occupier, direct, by an order in writing 2[and subject to such conditions as it may deem fit], that for all or any of the purposes of this Act different departments or branches of a factory of the occupier specified in the application shall be treated as separate factories or that two or more factories of the occupier specified in the application shall be treated as a single factory:] 3[Provided that no order under this section shall be made by the State Government on its own motion unless an opportunity of being heard is given to the occupier.] 5. Power to exempt during public emergency .- In any case of public emergency the State Government may, by notification in the Official Gazette, exempt any factory or class or description of factories from all or any of the provisions of this Act 4[except section 67] for such period and subject to such conditions as it may think fit:

Provided that no such notification shall be made for a period exceeding three months at a time. 5[Explanation .- For the purposes of this section "public emergency" means a grave emergency whereby the security of India or of any part of the territory thereof is threatened, whether by war or external aggression or internal disturbance.] Arunachal Pradesh Insertion of section 5A .- After section 5 of the principal Act, the following section shall be inserted, namely :-- '5A. Where the State Government is safisfied in the public interest that it is necessary to create more economic activities and employment opportunities, it may, by notification in the Official Gazette, exempt, subject to such conditions as it may think fit, any new factory or class or description of new factories which are established and whose commercial production start, from or any of the provisions of this Act for a period of one thousand days from the date on which such commercial production start.' Explanation .- For the purposes of this section, the expression "new factory or class or description of new factories" means such factory or class or description of factories which are established and whose commercial production start within a period of one thousands days after the commencement of the Factories (Arunachal Pradesh Amendment) ordinance, 2020. [Vide Arunachal Pradesh Act 6 of 2020, s. 3] 6. Approval, licensing and registration of factories .- (1) The State Government may make rules- [(a) requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government;] 7[(aa) requiring the previous permission in writing of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories;

(b) requiring for the purpose of considering applications for such permission the submission of plans and specifications;

(c) prescribing the nature of such plans and specifications and by whom they shall be certified;

(d) requiring the registration and licensing of factories or any class or description of factories, and prescribing the fees payable for such registration and licensing and for the renewal of licences; 1. Subs. by Act 25 of 1954, s. 3, for section 4 (w.e.f. 7-5-1954). 2. Ins. by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987). 3. Added by s. 2, ibid. (w.e.f. 1-12-1987). 4. Ins. by the A.O. 1950. 5. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976). 6. Ins. by s. 4, ibid. (w.e.f. 26-10-1976). 7. Clause (a) re-lettered as clause (aa) by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976).

(e) requiring that no licence shall be granted or renewed unless the notice specified in section 7 has been given.

(2) If on an application for permission referred to in 1[clause (aa)] of sub-section (1) accompanied by the plans and specifications required by the rules made under clause (b) of that sub-section, sent to the Suite Government or Chief Inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted.

(3) Where a State Government or a Chief Inspector refuses to grant permission to the site, construction or extension of a factory or to the registration and licensing of a factory, the applicant may within thirty days of the date of such refusal appeal to the Central Government if the decision appealed from was of the State Government and to the State Government in any other case.

Explanation .- A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any plant or machinery or within such limits as may be prescribed, of the addition of any plant or machinery 2[if such replacement or addition does not reduce the minimum clear space required for safe working around the plant or machinery or adversely affect the environmental conditions from the evolution or emission of steam, heat or dust or fumes injurious to health]. 7. Notice by occupier .- (1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing- (a) the name and situation of the factory;

(b) the name and address of the occupier; 3[(bb) the name and address of the owner of the premises or building (including the precincts thereof) referred to in section 93;] (c) the address to which communications relating to the factory may be sent;

(d) the nature of the manufacturing process- (i)carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act; and (ii) to be carried on in the factory during the next twelve months in the case of all factories; 4[(e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate stand-by plant;] (f) the name of the manager of the factory for the purposes of this Act;

(g) the number of workers likely to be employed in the factory;

(h) the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of the commencement of this Act;

(i) such other particulars as may be prescribed.

(2) In respect of all establishments which come within the scope of the Act for the first lime, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) within thirty days from the date of the commencement of this Act.

(3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) 5[at least thirty days] before the date of the commencement of work. 1. Subs. by Act 94 of 1976, s. 4, for "clause (a)" (w.e.f. 26-10-1976). 2. Ins. by s. 4, ibid. (w.e.f. 26-10-1976). 3. Ins. by Act 25 of 1954, s. 4 (w.e.f. 7-5-1954). 4. Subs. by Act 94 of 1976, s. 5, for "clause (e)" (w.e.f. 26-10-1976). 5. Subs. by Act 40 of 1949, s. 3 and the Second Schedule, for "within thirty days" (w.e.f. 1-5-1949).

(4) Whenever a new manager is appointed, the occupier shall send to the 1[Inspector a written notice and to the Chief Inspector a copy thereof] within seven days from the date on which such person takes over charge.

(5) During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act. CHAPTER II THE INSPECTING STAFF 2[7A. General duties of the occupier .- (1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.

(2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include- (a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health:

(b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;

(c) the provisions of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work:

(d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks; mina Cori aces (e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.

(3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safely of the workers at work and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed. 7B. General duties of manufacturers, etc., as regards articles and substances for use in factories .- (1) Every person who designs, manufactures, imports or supplies any article for use in any factory, shall- (a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used;

(b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a);

(c) take such steps as may be necessary to ensure that adequate information will be available- (i) in connection with the use of the article in any factory;

(ii) about the use for which it is designed and tested; and (iii) about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers:

Provided that where an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see- (a) that the article conforms to the same standards if such article is manufactured in India, or 1. Subs. by Act 25 of 1954, s. 4, for "Chief Inspector a written notice" (w.e.f. 7-5-1954). 2. Ins. by Act 20 of 1987, s. 4 (w.e.f. 1-12-1987).

(b) if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards.

(2) Every person, who undertakes to design or manufacture any article for use in any factory may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to the health or safety of the workers to which the design or article may give rise.

(3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the testing, examination or research which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections.

(4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in the course of business carried on by him and to matters within his control.

(5) Where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is reasonable having regard to the terms of the undertaking.

(6) For the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the article.

Explanation .- For the purposes of this section", "article" shall include plant and machinery]. STATE AMENDMENT Tamil Nadu Insertion of new section 7-AA .- After section 7-A of the Factories Act, 1948 (Central Act LXIII of 1948), the following section shall be inserted, namely :-- "7-AA. Occupier of Match or Fire Works Factory to insure workers .-- (1) The occupier of every factory wherein the manufacture of match or fire works is carried on shall get every worker employed in the factory insured for a sum of not less than fifty thousand rupees and keep the insurance alive so long as the worker is employed in the factory. The payment of premium for such insurance shall be the liability of the occupier.

(2) The occupier shall send to the Chief Inspector a report containing the details of the insurance referred to in sub-section (1) at such intervals with such particulars, in such form and in such manner as may be prescribed by the State Government.

(3) If an occupier fails to comply with the provisions of sub-section (1), the Chief Inspector may, after giving the occupier an opportunity of being heard and after considering the representation, if any, cancel the licence granted under this Act.". [Vide Tamil Nadu Act 29 of 2007, s. 2] 8. Inspectors .- (1) The State Government may, by notification in the Official Gazette, appoint such persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local limits as it may think fit.

(2) The State Government may, by notification in the Official Gazette, appoint any person to be a Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector under this Act, exercise the powers of an Inspector throughout the State. 1[(2A) The State Government may, by notification in the Official Gazette, appoint as many Additional Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers as it thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be specified in such notification. 1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976). (2B) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under sub-section (2A) shall, in addition to the powers of a Chief Inspector specified in the notification by which he is appointed, exercise the power of an Inspector throughout the State].

(3) No person shall be appointed under sub-section (1), sub-section (2)1[,sub-section (2A)] or sub-section (5) or, having been so appointed, shall continue to hold office, who is or becomes directly or indirectly interested in a factory or in any process or business carried on therein or in any patent or machinery connected therewith.

(4) Every District Magistrate shall be an Inspector for his district.

(5) The State Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it may assign to them respectively.

(6) In any area where there are more Inspectors than one the State Government may, by notification as aforesaid, declare the powers which such Inspectors shall respectively exercise and the Inspector to whom the prescribed notices are to be sent. (7)][Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under this section] shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority as the State Government may specify in this behalf. Dans Kasty PE to UngeÉS. 9. Powers of Inspectors .- Subject to any rules made in this behalf, an Inspector may within the local limits for which he is appointed,- (a) enter, with such assistants, being persons in the service of the Government or any local or other public authority, 2[or with an expert] as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory; 3[(b) make examination of the premises, plant, machinery, article or substance;

(c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or otherwise statements of any person which he may consider necessary for such inquiry;

(d) require the production of any prescribed register or any other document relating to the factory;

(e) seize, or take copies of, any register, record or other document or any portion thereof as he may consider necessary in respect of any offence under this Act , which he has reason to believe, has been committed;

(f) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of any examination under clause (b);

(g) take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination under clause (b), taking with him any necessary instrument or equipment;

(h) in case of any article or substance found in any premises, being an article or substance which appears to hi m as having caused or is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination;

(i) exercise such other powers as may be prescribed:] 1. Subs. by Act 94 of 1976, s. 6, for "every Chief Inspector and Inspector" (w.e.f. 26-10-1976). 2. Ins. by Act 20 of 1987, s. 5 (w.e.f. 1-12-1987). 3. Subs. by s. 5, ibid., for clause (b) and (c) (w.e.f. 1-12-1987 ).

Section 9, The Factories Act, 1948 (Act 63 of 1948).