Section 10

Section 10 of the Factories Act, 1948. Ins. by ibid. (w.e.f. 26-10-1976) . 1* [ Provided that- (i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier;

Ins. by ibid. (w.e.f. 26-10-1976) . 1* [ Provided that- (i) in the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier;

(ii) in the case of a company, any one of the directors shall be deemed to be the occupier;

(iii) in the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government or the local authority, as the case may be, shall be deemed to be the occupier : ] ; 1* [Provided further that in the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, - (1) the owner of the dock shall be deemed to be the occupier for the pur any matter provided for by or under- (a) section section 7, 1* [section 7A, section 7B] section 11 or section 12;

(b) section 17, in so far as it relates to the providing and maintenance of sufficient and suitable lighting in or around the dock;

(c) section 18, section 19, section 42, section 46, section 47 or section 49, in relation to the workers employed on such repair or maintenance;

(2) the owner of the ship or his agent or master or other officer-in-charge of the ship or any person who contracts with such owner, agent or master or other officer-in-charge to carry the out repair or maintenance work shall be deemed to be the occupier for the purposes of any matter provided for by or under section 13, section 14, section 16 or section 17 (save as otherwise provided in this proviso) or Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110, in relation to- (a) the workers employed directly by him, or by or through any agency; and (b) the machinery, plant or premises in use for the purpose of carrying out such repair or maintenance work by such owner, agent, master or other officer-in-charge or person; ] * * * * 1* 1 Ins. subs, and omitted by Act 20 of 1987, s. 2 (w.e.f. 1-12-87) .

(p) "prescribed" means prescribed by rules made by the State Government under this Act; 1* * * * * (r) where work ₣ the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets is called a 2* ["group" or "relay"] and each of such periods is called a "shift". 3. References to time of day. 3. References 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:

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. 4. Power to declare different departments to be separate factories or twoor more factories to be a single factory. 3* [4. Power to declare different departments to be separate factories or two or more factories to be a single factory. The State Government may, 4* [on its own or] on an application made in this behalf by an occupier, direct, by an order in writing; 4* [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: ] 4* [ Provided that no order under this section shall be made by the State Government on its own motion unless on opportunity of being heard is given to the occupier. ] 5. Power to exempt during public emergency. 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, 5* [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. 1. Clause (q) rep. by the A. O. 1950. 2. Subs, by Act 20 of 1987, s. 2 (w.e.f. 1-12-1987) . 3. Subs. by Act 25 of 1954, s. 3. 4. Ins. in added by Act 20 of 1987 s. 3 (w.e.f. 1-12-1987) . 5. Ins. by the A. O. 1950. Entendiathe obsedeoral 1* [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 of internal disturbance.] 6. Approval, licensing and registration of factories. 6. Approval, licensing and registration of factories.

(1) The State Government may make rules- 2* [ (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; ] 3* [ (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 application 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;

(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 4* [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 State 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 1. Ins. by Act 94 of 1976, s. 3 (w.e.f. 26-10-1976) . 2. Ins. by s. 4, ibid. (w.e.f. 26-10-1976) . 3. Clause (a) re-lettered as clause (aa) by s. 4, ibid. (w.e. f. 26- 10-1976) . 4. Subs. by s. 4, ibid., "clause (a) " (w.e. f. 26-10-1976) . 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 1* [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. 7. Notice by occupier.

(1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, sent to the Chief Inspector a written notice containing- (a) the name and situation of the factory;

(b) the name and address of the occupier; 2* [ (bb) the name and address of the owner of the premises or building (including the preci in section 93; ] Outs thereof) referred to (c) the address to which ommunications 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; 3* [ (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 manage of the factory of the purposes of this Act; 1. Ins. by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976) . 2. Ins. by Act 25 of 1954, s. 4 3. Subs. by Act 94 of 1976, s. 5, for clause (e) (w.e.f. 26-10- 1976) .

(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 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 time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in subsection (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) 1* [at least thirty days] before the date of the commencement of work.

(4) Whenever a new manager is appointed, the occupier shall send to the 2* [Inspector a written notice and to the Chief Inspector a Copy thereof] within seven days from the date on which such person takes over charges.

(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 manage, 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. Irises CHAP THE INSPECTING STAFF CHAPTER II THE INSPECTING STAFF 7A. General duties of the occupier. 3* [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 provision 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 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;

(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 safety 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 manufactures, etc., as regards articles and substances for use in factories. 4* [7B. General duties of manufactures, 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, is 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 (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 of 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-section (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-section (1) and (20 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 term of the undertaking.

(6) For the purposes of this section, and 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. 8. Inspectors. 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. 1. Subs. by Act 40 of 1949, s. 3 and Sch. II for "within thirty days". 2. Subs. by Act 25 of 1954, s. 4, for "Chief Inspector a written notice". 3. Ins. by Art 20 of 1987, s. 4 (w.e.f. 1-12-1987) . 4. Ins. by s. 4 ibid, (w.e.f. 1-06-1988) .

(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 Addition Chief Inspector, Joint Chief Inspector and Deputy Chief Inspector 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. (2B) Every additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under subsection (2A) shall, in addition to the powers of a Chief Inspector specified in the notification by which he is appointed, exercise the powers 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 officer, 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) 2* [Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, Inspector and every other officer appointed under this section ] shall be deemed to be a public 1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976) . 2. Subs. by s. 6, ibid. (w.e.f. 26-10-1976) . 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. 9. Powers of Inspectors. 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 ir the service of the Government, or any local or other public authority, 1* [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; 1* [ (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 disturbed (whether generally or in particular respects) for SO long as is necessary the purpose of any examination under clause (b) ;

(g) take measurements 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 him as having caused or is likely to cause danger to the health or safety of the workers, direct it to the 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. ] Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself.

Section 10, The Factories Act, 1948 (Act 63 of 1948).