Section 28
Section 28 of the Factories Act, 1948. Hoists and lifts. (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 b
Hoists and lifts.
(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 every 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 1. Subs. by Act 25 of 1954, s. 7, for "sub-section (1) ". 2. Subs. by s. 7, ibid. 50B 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 load shall be carried thereon; ( d) the cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing;
(e) every gate referred to in clause (b) or clause (d) shall be fitted with interlocking or other efficient device to secure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved unless the gate is closed.
(2) The following additional requirements shall apply to hoists and lifts used for carrying persons and installed or reconstructed in a factory after the commencement of this Act, namely :- (a) where the cage is supported by rope or chain, there shall be at least two ropes or chains separately connected with the cage and balance weight, and each rope or chain with its attachments shall be capable of carrying the whole weight of the cage together with its maximum load; lia (b) efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of the ropes, chains or attachments;
(c) an efficient automatic device shall be provided and maintained to prevent the cage from over-running.
(3) The Chief Inspector may permit the continued use of a hoist or lift installed in a factory before the commencement of this Act which does not fully comply with the provisions of sub-section (1) upon such conditions for ensuring safety as he may think fit to impose.
(4) The State Government may, if in respect of any class or description of hoist or lift, it is of opinion that it would be unreasonable to enforce any requirement of sub-sections (1) and (2), by order direct that such requirement shall not apply to such class or description of hoist or lift. 1* [Explanation. -- For the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage, the direction or movement of which is restricted by a guide or guides. ]
Section 28, The Factories Act, 1948 (Act 63 of 1948).
Questions about Section 28
How do I find court cases under Section 28 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 Jharkhand 28, section 28 Factories Act 1948 Jharkhand, section 28 of the Factories Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
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.
Other sections of this Act
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/f19c0bef-5f5e-441b-ad6c-b794efc3ee8f.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/56fb932c-25ad-4115-8490-f62104d5735d/content). This page is not a substitute for legal advice.