FACTORIES



FACTORIES
AN ORDINANCE TO MAKE PROVISION FOR THE SAFETY AND WELFARE OF WORKERS IN FACTORIES.
Ordinance Nos,
45 of 1942
22 of 1946
Short title.

1.

(1) This Ordinance may cited as the Factories Ordinance.

(2) Save as otherwise provided in subsection (3) of this section or in any other section of this Ordinance, the provisions of this Ordinance shall be in addition to and not in substitution for or diminution of the provisions of any other written law for the time being applicable to factories and to the employment of workers in factories in Ceylon.

(3) In any case of conflict or inconsistency between the provisions of this Ordinance or of any regulation made thereunder and any provision of any other written law made in pursuance of any power conferred upon any local authority, the provisions of this Ordinance or of such regulation shall prevail.

PART I
REGISTRATION
Registration of factories to be obligatory.

2.

(1) Every factory in Ceylon, whether established before or after the appointed date, shall be registered in the manner hereinafter provided in this Part.

(2) For the purpose of the registration required by this Ordinance

(a) a factory shall be established on the date on which any of the actual operations of the factory, or any process of work of any kind, other than the construction or renovation of buildings or the cleaning and preparation of the premises or the installation or repair of machinery or equipment, is commenced therein; and

(b) a factory in which work is resumed, after a period of total suspension, at any time subsequent to the appointment date shall-

(i) where the period of suspension exceeds one year, be deemed to be a factory established after that date, and

(ii) where the period of suspension does not exceed one year, be deemed to be a factory established before the date

Registration of factories established after the commencement of this Ordinance.

3.

(1) In respect of every factory which is established or deemed to be established after the appointed date, a written declaration in accordance with the requirements of this section shall be furnished to the Registrar, and a certificate of provisional registration obtained from him, before any one of the actual operations of the factory is commenced therein.

(2) Every declaration under this section shall be under the hand of the owner or owners or of the person, if any, who is to be the occupier or the manager of the factory, and shall contain a full statement of the following particulars :-

(a) the situation and nature of the factory ;

(b) the name and address of the owner or each of the owners and of the occupier and of the manager, if any ;

(c) the probable maximum number of workers of each sex to be employed therein;

(d) particulars of the machinery and protective devices installed or to be installed, and of the buildings and the sanitary and other equipment provided or to be provided, together with such sketch plans and other information as may be prescribed ; and

(e) the date on which it is proposed to commence the actual operations of the factory.

(3) The date, on or before which the declaration under this section may be furnished to the Registrar, shall-

(a) in the case of a new factory, be not less than one month, and

(b) in the case of a factory reopened after suspension of work, be not less than fifteen days,

before the date specified in the declaration as the date on which it is proposed to commence the actual operations of the factory.

(4) On receipt of a declaration furnished under this section, the Registrar shall cause the particulars set out therein to be verified and if he is satisfied that provision for the health and safety of the prospective workers has been made substantially in conformity with this Ordinance, or will be completed before the commencement of the actual operations of the factory, he shall register the factory provisionally and shall issue a certificate of such provisional registration.

(5) The certificate of provisional registration issued in respect of a factory shall be the authority for the opening of the factory and for the conduct of the actual operations of the factory during such period as may be specified in the certificate or until the final registration of the factory and the issue of a certificate of such final registration.

(6) Within three months after the commencement of the actual operations of any factory under the authority of a certificate of provisional registration, the Registrar shall cause a further inspection to be made of the buildings, equipment and machinery of the factory, and-

(i) if he is satisfied that the provision made therein for the health and safety of the workers is adequate and substantially in conformity with the requirements of this Ordinance, he shall register that factory and issue a certificate of registration accordingly; or

(ii) if, in his opinion, such provision is not adequate or is not substantially in conformity with the requirements of this Ordinance, he shall issue written directions as to such further measures or arrangements as he may deem necessary and defer the registration of that factory, and where it is necessary so to do, extend the duration of the certificate of provisional registration until such directions are complied with to his satisfaction.

(7) In any case where any directions issued by the Registrar under subsection (6) are not complied with within such time as he may specify, the Registrar shall by written notice cancel the certificate of provisional registration issued in that case ; and after such date as may be specified in such notice of cancellation, no work shall be carried on in that factory other than such work as may be necessary for or connected with the execution of the directions given by the Registrar.

(8) If the owner or occupier of the factory is aggrieved by any direction of the Registrar issued under subsection (6) or by the cancellation of the certificate of provisional registration under subsection (7), he may prefer an appeal, within twenty-one days of the direction or cancellation, to the board of appeal and, pending the final determination of the appeal, no offence shall be deemed to be committed under this section by reason that any such direction of the Registrar is not complied with or that the premises to which the appeal relates are used as a factory without a certificate of provisional registration being in force in respect thereto.

Registration of factories established before the commencement of this Ordinance.

4.

(1) In respect of every factory established before the appointed date, a written declaration under the hand of the owner or owners or of the occupier or the manager, if any, of the factory, shall, within two months after that date, be furnished to the Registrar ; and every such declaration shall contain a full statement of the following particulars :-

(a) the situation and nature of the factory ;

(b) the name and address of the owner or each of
the owners and of the occupier and of the manager, if any;

(c) the maximum number of workers of each sex
employed; and

(d) details of the machinery and protective devices
installed, and of the buildings and the sanitary and other equipment provided.

(2) Where after such verification, as he may deem necessary, of any declaration furnished under subsection (1) in respect of any factory, the Registrar is satisfied that the provision made for the health and safety of the workers in that factory is adequate and is substantially in conformity with the requirements of this Ordinance, he shall register the factory and issue a certificate of registration accordingly.

(3) Where the Registrar is of opinion that the provision made for the health and safety of the workers in any factory to which this section applies is not adequate or substantially in conformity with the requirements of this Ordinance, he shall issue written directions as to such further measures or arrangements as he may deem necessary for ensuring conformity with those requirements, and shall defer the registration of that factory until such directions are complied with to his satisfaction.

(4) In any factory established before the appointed date, no work other than such work as may be necessary for or connected with the execution of the directions given by the Registrar shall be carried on at any time after the expiry of two years from that date, unless that factory has been duly registered.

(5) If the occupier of the factory is aggrieved by any direction of the Registrar issued under subsection (3), he may prefer an appeal, within twenty-one days of the direction to the board of appeal and, pending the final determination of the appeal, no offence shall be deemed to be committed under this section by reason that any such direction of the Registrar is not complied with or that the premises to which the appeal relates are used as a factory without a certificate of registration being in force in respect thereto.

Fees.

5. A fee of one rupee shall be levied and paid in respect of each of the following matters :-

(a) the issue of a certificate of provisional registration in respect of a factory under section 3 ;

(b) the registration of a factory and the issue of the certificate of registration in respect of that factory ;

(c) the issue of a duplicate or certified copy of a certificate which is lost or destroyed.

PART II
HEALTH (GENERAL PROVISIONS)
cleanliness.

6. Every factory shall be kept in a clean state, and free effluvia arising from any drain, sanitary convenience or nuisance, and, without prejudice to the generality of the foregoing provision-

(a) accumulations of dirt and refuse shall be removed daily by a suitable method from the floors and benches of workrooms, and from the staircases and passages;

(b) the floor of every workroom shall be cleaned at least once in every week by washing or, if it is effective and suitable, by sweeping or other method;

(c) all such measures as may be prescribed by regulations shall be taken to keep in a clean and sanitary condition all inside walls and partitions and all ceilings or tops of rooms and all walls, sides and tops of passages and staircases:

Provided that-

(i) except where the District Factory Inspecting Engineer for the district in any case otherwise requires, the provisions of any regulations made under paragraph (c) of this section shall not apply to any factory where mechanical power is not used and less than ten persons are employed; and

(ii) where it appears to the Registrar that in any class or description of factory or parts thereof any of the foregoing provisions of this section are not required for the purpose of keeping the factory in a clean state, or are by reason of special circumstances inappropriate or inadequate for such purpose, he may, if he thinks fit, by order direct that those provisions shall not apply to factories, or parts of factories, of that class or description or shall apply as varied by the order.

Overcrowding.

7.

(1) A factory shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed therein.

(2) Without prejudice to the generality of the fore going provision, a factory shall be deemed to be so overcrowded as aforesaid, if the number of persons employed at a time in any workroom is such that the amount of cubic space allowed for each person employed in the room is less than four hundred cubic feet:

Provided that, if the Chief Factory Inspecting Engineer is satisfied that owing to the special conditions under which the work is carried on in any workroom in which explosive materials are manufactured or handled, the application of the provisions of this subsection to that workroom would be inappropriate or unnecessary, he may by certificate except the workroom from those provisions subject to any conditions specified in the certificate.

(3) As respects any room used as a workroom at the appointed date, the last foregoing subsection shall, for the period of five years after that date and, if before the expiration of that period effective and suitable mechanical ventilation has been provided in the room, for a further period of five years, have effect as if for the reference therein to four hundred cubic feet there were substituted a reference to two hundred and fifty cubic feet:

Provided that this subsection shall cease to apply to the room-

(a) if the room passes into the occupation of any person other than the person who was the occupier thereof at the appointed date, or his successor in the same business ; or

(b) if, during the first of the said periods, the inspector for the district requires the provision of effective and suitable mechanical ventilation in the room and default is made in complying with the requirement; or

(c) if, during the second of the said periods or in a case where it has been provided in pursuance of the Factory Inspecting Engineer’s requirement during either of those periods, the effective and suitable mechanical ventilation provided in the room ceases to be maintained.

Regulations increasing amount of cubic space allowance for each person.

8. The Minister may make regulations, as respects any class or description of factory or parts thereof or any process, increasing the number of cubic feet which must under section 7 be allowed for every person employed in a workroom of a factory.

Calculation of amount of cubic space in rooms.

9. In calculating for the purposes of section 7 the amount of cubic space in any room, no space more than fourteen feet from the floor shall be taken into account, and where a room contains a gallery, the gallery shall be treated for the purposes of section 7 as if it were partitioned off from the remainder of the room and formed a separate room.

Notice of number of persons employed to be posted in each work-

10. Unless the District Factory Inspecting Engineer otherwise directs, there shall be posted in each workroom in a factory a notice specifying the number of persons, who, having regard to the provisions of section 7, may be employed in that room.

Temperature.

11.

(1) Effective provision shall be made for securing and maintaining a reasonable temperature in each workroom, but no method shall be employed which results in the escape into the air of any workroom of any fume of such a character and to such extent as to be likely to be injurious or offensive to persons employed therein.

(2) The Minister may, by regulations, for factories or for any class or description of factory or parts thereof, prescribe a standard of reasonable temperature (which may vary the standard prescribed by the last foregoing subsection for sedentary work) and prohibit the use of any methods of maintaining a reasonable temperature which, in the opinion of the Minister, are likely to be injurious to the persons employed, and direct that thermometers shall be provided and maintained in such places and positions as may be specified.

Ventilation.

12.

(1) Effective and suitable provision shall be made for securing and maintaining by the circulation of fresh air in each workroom the adequate ventilation of the room, and for rendering harmless, so far as practicable, all fumes, dust and other impurities injurious to health that may be generated in the course of any process or work carried on in the factory.

(2) The Minister may, by regulations, prescribe a standard of adequate ventilation for factories or for any class or description of factory or parts thereof.

Lighting.

13.

(1) Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of a factory in which persons are working or passing.

(2) The Minister may, by regulations, prescribe a standard of sufficient and suitable lighting for factories or for any class or description of factory or parts thereof, or for any process.

(3) Nothing in the foregoing provisions of this section or in any regulations made thereunder shall be construed as enabling directions to be prescribed or otherwise given as to whether any artificial lighting is to be produced by any particular illuminant.

(4) All glazed windows and skylights used for the lighting of workrooms shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction :

Provided that this subsection shall not affect the whitewashing or shading of windows and skylights for the purpose of mitigating heat or glare.

Drainage of floors.

14 Where any process is carried on which renders the floor liable to be wet to such an extent, that the wet is capable of being removed by drainage, effective means shall be provided and maintained for draining off the wet.

Sanitary conveniences.

15.

(1) Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences and, where persons of both sexes are or are intended to be employed such conveniences shall afford proper separate accommodation for persons of each sex.

(2) The Minister may make regulations determining for factories or for any class or description of factory what is sufficient and suitable provision for the purposes of this section.

Power to require medical supervision.

16.

(1) Where it appears to the Registrar that in any factory or class or description of factory-

(a) cases of illness have occurred which he has reason to believe may be due to the nature of a process or other conditions of work ; or

(b) by reason of changes in any process or in the substances used in any process, or by reason of the introduction of any new process or new substance for use in a process, there may be risk of injury to the health of persons employed in that process ; or

(c) young persons are or are about to be employed in work which may cause risk of injury to their health,

he may issue direction requiring such reasonable arrangement to be made for the medical supervision (not including medical treatment other than first-aid treatment and medical treatment of a preventive character) of the person or any class of the person employed at that factory or class or description of factory as may be specified in the direction.

(2) If the occupier of any factory is aggrieved by any direction issued by the Registrar under subsection (1) in respect of that factory, he may prefer an appeal within twenty-one days of the direction, to the board of appeal, and the direction shall be deemed to be suspended pending the final determination of the appeal.

(3) The Minister[1] may make regulations as to the arrangement that shall be made in all factories or in any specified class of factories for the purpose of this section.

PART III
SAFETY (GENERAL PROVISIONS)
Prime movers-

17.

(1) Every flywheel directly connected to any prime mover and every moving part of any prime mover, except such prime movers as are mentioned in subsection (3) of this section, shall be securely fenced whether the flywheel or prime mover is situated in an engine-house or not.

(2) The head and tail race of every water wheel and of every water turbine shall be securely fenced.

(3) Every part of electric generators, motors and rotary converters, and every flywheel directly connected thereto, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced.

Transmission machinery.

18.

(1) Every part of the transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced.

(2) Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on, by which the power can promptly be cut off from the transmission machinery in that room or place.

(3) No driving belt when not in use shall be allowed to rest or ride upon a revolving shaft which forms part of the transmission machinery.

(4) Suitable striking gear or other efficient mechanical appliances shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving belt from creeping back on to the fast pulley.

(5) Where the Commissioner is satisfied that owing to special circumstances the fulfillment of any of the requirements of the last three foregoing subsections is unnecessary or impracticable, he may by order direct that that requirement shall not apply in those circumstances.

Other machinery.

19.

(1) Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced :

Provided that, in so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of this subsection shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming into contact with that part.

(2) Where the Minister is satisfied that there is available and suitable for use in connection with machinery of any class any type or description of safety device which-

(a) prevents the exposure of a dangerous part of machinery whilst in motion ; or

(b) stops a machine forthwith in case of danger, the Minister may make regulations directing that the type or description of device shall be provided for use in connection with such class of machinery as may be specified in the regulations :

Provided that, in any proceedings in respect of a contravention of this subsection, it shall be a sufficient defence to prove that a device at least equally effective was being used in connection with the machinery in respect of which the contravention occurred.

(3) Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced unless it is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced.

The Minister may, as respects any machine or any process in which a machine is used, make regulations requiring the fencing of materials or articles which are dangerous while in motion in the machine.

Provisions as to unfenced machinery.

20. In determining, for the purposes of the foregoing provisions of this Part, whether any part of machinery is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced-

(a) no account shall be taken of any person carrying out, while the part of machinery is in motion, an examination thereof or any lubrication or adjustment shown by such examination to be immediately necessary, being an examination, lubrication or adjustment which it is necessary to carry out while the part of machinery is in motion ; and

(b) in the case of any part of transmission machinery used in any such process as may be specified in regulations made by the Minister being a process where owing to the continuous nature thereof the stopping of that part would seriously interfere with the carrying on of the process, no account shall be taken of any person carrying out, by such methods and in such circumstances as may be specified in the regulations, any lubrication or any mounting or shipping of belts :

Provided that this section shall only apply where the examination, lubrication or other operation is carried out by such persons, being male persons who have attained the age of eighteen, as may be specified in regulations made by the Minister, and all such other conditions as may be so specified are complied with.

Construction and maintenance of fencing.

21. All fencing or other safeguards provided in pursuance of the foregoing provisions of this Part shall be of substantial construction, and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or in use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by such examination to be immediately necessary, and all such conditions as may be specified in regulations made by the Minister are complied with.

Construction and sale of new machinery.

22.

(1) In the case of any machine in a factory being a machine intended to be driven by mechanical power-

(a) every set-screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; and

(b) all spur and other toothed or friction gearing, which does not require frequent adjustment while in motion, shall be completely encased unless it is so situated as to be as safe as it would be if completely encased.

(2) Any person who sells or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire, for use in a factory in Ceylon any machine intended to be driven by mechanical or electrical power which does not comply with the requirements of this section, shall be guilty of an offence and liable to a fine not exceeding one thousand pees.

(3) The Minister may by regulations extend the provisions of the last preceding subsection to machinery or plant which does not comply with such requirements of this Ordinance or of any regulation made thereunder as may be specified in the regulations, and any regulations made under this subsection may relate to machinery or plant in a specified process.

(4) Nothing in this section shall apply to any machine constructed before the appointed date, and regulations under this section shall not apply to any machinery or plant constructed before the making of the regulations.

Vessels containing dangerous substances.

23.

(1) Every fixed vessel, structure, sump or pit of which the edge is less than three feet above the adjoining ground or platform shall, if it contains any scalding, corrosive or poisonous liquid, either be securely covered or be securely fenced to at least that height, or where by reason of the nature of the work neither secure covering nor secure fencing to that height is practicable, all practicable steps shall be taken by covering, fencing or other means or prevent any person from falling into the vessel, structure, sump or pit.

(2) The Registrar may by order exempt from the requirement of this section any class of vessel, structure, sump or pit in the case of which he is satisfied that the requirement are unnecessary or inappropriate

Self-acting machines

24.

(1) In any factory or part of a factory to which this subsection applies no traversing part of any self-acting machine and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed on its outward or inward traverse to run within a distance of eighteen inches from any fixed structure not being part of the machine ;

Provided that nothing in this subsection shall prevent any portion of the traversing carriage of any self-acting spinning mule being allowed to run to a point twelve inches distant from any part of the head-stock of another such machine.

(2) The provisions of subsection (1) shall apply-

(a) to any factory or part of a factory reconstructed after the appointed date ; and

(b) to any extension of or addition to a factory made after the appointed date.

(3) All practicable steps shall be taken by instructions to the person in charge of the machine and other wise to ensure that no person employed shall be in the space between any traversing part of a self-acting spinning mule and any fixed part of the machine towards which the traversing part moves on the inward run, except when the machine is stopped with the traversing part on the outward run.

(4) The Commissioner may exempt from the operation of this section any factory or class of factories in which precautions have been taken or safeguards adopted in accordance with the recommendations of the Chief Factory Inspecting Engineer.

Cleaning of machinery by women and young persons.

25. A woman or young person shall not clean any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, and shall not clean any part of any machine if the cleaning thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery.

Training and supervision of young persons working at dangerous machines.

26.

(1) No young person shall work at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed, and-

(a) has received a sufficient training in work at the machine ; or

(b) is under adequate supervision by a person who has a thorough knowledge and experience of the machine.

(2) This section applies to such machines as may be declared by order of the Commissioner to be machines which in his opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with.

Hoists and lifts.

27.

(1) Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and be properly maintained.

(2) Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of twelve months, and a report of the result of every such examination in such form and containing such particulars as may be prescribed shall be signed by the person making the examination and shall within fourteen days be entered in or attached to the general register.

(3) Every hoist way or lift way shall be efficiently protected by a substantial enclosure fitted with gates, being such an enclosure as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift.

(4) And such gate as aforesaid shall be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed :

Provided that, in the case of a hoist or lift constructed or reconstructed before the appointed date which it is not reasonably practicable to fit with such devices as aforesaid, it shall be sufficient if the gate is provided with such arrangements as will secure the aforesaid objects so far as is reasonably practicable, and in any event is kept closed and fastened except when the cage or platform is at rest at the landing.

(5) Every hoist or lift and every such enclosure as aforesaid shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift being trapped between any part of the hoist or lift and any fixed structure or between the counter balance weight and any other moving part of the hoist or lift.

(6) There shall be marked conspicuously on every hoist or lift the maximum working load which it can safely carry and no load greater than that load shall be required or permitted to be carried on any hoist or lift.

(7) The following additional requirements shall apply to hoists and lifts used for carrying persons, whether together with goods or otherwise :-

(a) efficient automatic devices shall be provided and maintained to prevent the cage or platform overrunning ;

(b) every cage shall on each side from which access is afforded to a landing, be fitted with a gate, and in connection with every such gate efficient devices shall be provided to secure that, when persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed, and will come to rest when the gate is opened :

Provided that, in the case of a hoist or lift constructed or reconstructed before the appointed date in connection with which it is not reasonably practicable to provide such devices as aforesaid, it shall be sufficient if such arrangements are provided as will secure ‘ the aforesaid objects so far as is reasonably practicable, and in any event the gate is kept closed and fastened except when the cage is at rest or empty ; and

(c) in the case of a hoist or lift constructed or reconstructed after the appointed date, where the platform or cage is suspended by rope or chain, there shall be at least two ropes or chains separately connected with the platform or cage, each rope or chain and its attachments being capable of carrying the whole weight of the platform or cage and its maximum working load, and efficient devices shall be provided and maintained which will support the platform or cage with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments.

(8) In the case of a continuous hoist or lift, sub sections (3) to (7) inclusive of this section shall not apply and in the case of a hoist or lift not connected with mechanical power subsections (4) and (7) shall not apply.

(9) For the purposes of this section, no lifting machine or appliance shall be destined to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides.

(10) Every teagle opening or similar doorway used for hoisting or lowering goods or materials, whether by mechanical power or otherwise, shall be securely fenced, and shall be provided with a secure hand-hold on each side of the opening or doorway. The fencing shall be properly maintained and shall, except when the hoisting or lowering of goods or materials is being carried on at the opening or doorway, be kept in position.

(11) If it is shown to the satisfaction of the Commissioner that it would be unreasonable in the special circumstances of the case to enforce any requirement of this section in respect of any class or description of hoist, lift, hoist way, lift way, or teagle opening or similar doorway, he may by order direct that such requirement shall not apply as respects that class or description.

chains,ropes and lifting tackle.

28.

(1) following provisions shall be complied with as respects every chain, rope or lifting tackle used for the purpose of raising or lowering persons, goods or materials :-

(a) no chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength and free from patent defect;

(b) a table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use, and, in the case of a multiple sling, the safe working load at different angles of the legs, shall be posted in the store in which the chains, ropes or lifting tackle are kept, and in prominent positions on the premises, and no chain, rope or lifting tackle not shown in the table shall be used, so, however, that the foregoing provisions of this paragraph shall not apply in relation to any lifting tackle if the safe working load thereof or in the case of a multiple sling, the safe working load at different angles of the legs is plainly marked upon it;

(c) no chain, rope or lifting tackle shall be used for any load exceeding the safe working load thereof as shown by the table aforesaid or marked upon it as aforesaid ;

(d) all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months or at such greater intervals as the Commissioner may by order prescribe ;

(e) no chain, rope or lifting tackle, except a fiber rope or fibre rope sling, shall be taken into use in any factory for the first time in that factory unless it has been tested and thoroughly examined by a competent person and a certificate of such a test and examination specifying the safe working load and signed by the person making the test and examination has been obtained and is kept available for inspection;

(f) every chain and lifting tackle except a rope sling shall, unless of a class or description exempted by certificate of the Chief Factory Inspecting Engineer, upon the ground that it is made of such material or so constructed that it cannot be subjected to heat treatment without risk of damage or that it has been subjected to some form of heat treatment (other than annealing) approved by him, be annealed at least once in every fourteen months, or in the case of chains or slings of half-inch bar or smaller, or chains used in connexion with molten metal or molten slag, in every six months, so, however, that chains and lifting tackle not in regular use need be annealed only when necessary ;

(g) a register containing such particulars as may be prescribed shall be kept with respect to all such chains, ropes or lifting tackle, except fiber rope slings.

(2) In this section the expression ” lifting tackle ” means chain slings, rope slings, rings, hooks, shackles, and swivels.

(3) If it is shown to the satisfaction of the Commissioner that it would be unreasonable in the special circumstances of the case to enforce all or any of the provisions of subsection (1) in respect of any class or description of chains, ropes and lifting tackle, he may by order direct that such provisions shall not apply as respects that class or description.

Cranes and other lifting machines.

29.

(1) All parts and working gear whether fixed or movable, including the anchoring and fixing appliances, of every lifting machine shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

(2) All such parts and gear as aforesaid shall be thoroughly examined by a competent person at least once in every period of fourteen months and a register shall be kept containing such particulars of every examination as may be prescribed.

(3) All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface; and any such rails or track shall be properly laid, adequately supported or suspended, and properly maintained.

(4) There shall be plainly marked on every lifting machine the safe working load or loads thereof, except that in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load.

(5) No lifting machine shall, except for the purpose of a test, be loaded beyond the safe working load as marked or indicated under the last foregoing subsection.

(6) No lifting machine shall be taken into use in any factory for the first time in that factory unless it has been tested and all such parts and working gear of the machine as are specified in subsection (1) of this section have been thoroughly examined by a competent person and a certificate of such a test and examination specifying the safe working load or loads of the machine and signed by the person making the test and examination has been obtained and is kept available for inspection,

(7) If any person is employed or working on or near the wheel-track of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken by warning the driver of the crane or otherwise to ensure that the crane does not approach within twenty feet of that place.

(8) In this section the expression “lifting machine” means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway.

Construction and maintenance of floors, passages and stairs.

30.

(1) All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained.

(2) For every staircase in a building or affording a means of exit from a building, a substantial hand-rail shall be provided and maintained, which, if the staircase has an open side shall be on that side, and, in the case of a staircase having two open sides, or in the case of a staircase which, owing to the nature of the construction thereof or the condition of the surface of the steps or other special circumstances, is specially liable to cause accidents, such a hand-rail shall be provided and maintained on both sides. Any open side of a staircase shall also be guarded by the provision and maintenance of a lower rail or other effective means.

(3) All openings in floors shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.

(4) All ladders shall be soundly constructed and properly maintained.

Safe means of access and safe place of employment.

31.

(1) There shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person has at any time to work.

(2) Where any person is to work at a place from which he will be liable to fall a distance more than ten feet then, unless the place is one which affords secure handhold, means shall be provided, so far as is reasonably practicable, by fencing or otherwise for ensuring his safety.

Precautions in places where dangerous fumes liable to be present

32.

(1) Where work has to be done inside any chamber, tank, vat, pit, pipe, flue or similar confined space, in which dangerous fumes, are liable to be present to such an extent as to involve risk of persons being overcome thereby-

(a) the confined space shall, unless there is other adequate means of egress, be provided with a manhole, which may be rectangular, oval, or circular in shape, and shall be not less than eighteen inches long and sixteen inches wide or (if circular) not less than eighteen inches in diameter, or in the case of tank wagons and other mobile plant not less than sixteen inches long and fourteen inches wide or (if circular) not less than sixteen inches in diameter; and


[ 4, 22 of 1946]

(b) no person shall enter the confined space for any purpose unless the following requirements are complied with:-

(i) all practicable steps shall be taken to remove any fumes, toxic substances or harmful liquids which may be present and to prevent any ingress of fumes and, unless it has been ascertained by a suitable test that the space is free from dangerous fumes, toxic substances or harmful liquids, the person entering shall wear a belt to which there is securely attached a rope of which the free end is held by a person outside; or

(ii) the person entering shall wear a suitable breathing apparatus;

(c) suitable breathing apparatus and a suitable reviving apparatus and suitable belts and ropes shall be provided and maintained so as to be readily accessible and shall be periodically inspected in such manner as may be prescribed; and

(d) a sufficient number of the persons employed shall be trained and practiced in the use of such apparatus and in the method of restoring respiration:

Provided that the Chief Factory Inspecting Engineer may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the aforesaid requirements in any case where he is satisfied that compliance with those requirements is unnecessary or impracticable.

(2) No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed.

Precautions with respect to explosive or inflammable dust, gas, vapour or substance.

33.

(1) Where, in connexion with any grinding, sieving, or other process giving rise to dust, there may escape into any workroom dust of such a character and to such an extent as to be liable to explode on ignition, all practicable steps shall be taken to prevent such an explosion by enclosure of the plant used in the process and by removal or prevention of accumulation of the dust, and by exclusion or effective enclosure of possible sources of ignition.

(2) Where there is present in any plant used in any such process as aforesaid dust of such a character and to such an extent as to be liable to explode on ignition, then, unless the plant is so constructed as to with stand the pressure likely to be produced by any such explosion, all practicable steps shall be taken to restrict the spread and effects of such an explosion, by the provision, in connexion with the plant, of chokes, baffles and vents, or other equally effective appliances.

(3) Where any part of a plant contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened, except in accordance with the following provisions :-

(a) before the fastening of any joint of any pipe connected with the part of the plant or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or into any such pipe shall be effectively stopped by a stop-valve or otherwise ;

(b) before any such fastening as aforesaid is removed, all practicable steps shall be taken to reduce the pressure of the gas or vapour in the pipe or part of the plant to atmospheric pressure;

and if any such fastening has been loosened or removed as aforesaid, no explosive or inflammable gas or vapour shall be allowed to enter the pipe or part of the plant until the fastening has been secured, or, as the case may be, securely replaced :

Provided that this subsection shall not apply to plant installed in the open air.

(4) No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected to any welding, brazing or soldering operation or to any cutting operation which involves the application of heat, until all practicable steps have been taken to remove the substance and any fumes arising therefrom, or to render them non-explosive or non-inflammable ; and if any plant, tank, or vessel has been subjected to any such an operation as aforesaid, no explosive or inflammable substance shall be allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent any risk of igniting the substance.

(5) The Chief Factory Inspecting Engineer may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of the last two foregoing subsections in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable.

Steam boilers.

34.

(1) Every steam boiler, whether separate or one of a range-

(a) shall have attached to it-

(i) a suitable safety valve, separate from any stop-valve, which shall be so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure and shall be fixed directly to or as close as practicable to, the boiler;

(ii) a suitable stop-valve connecting the boiler to the steam pipe ;

(iii) a correct steam pressure gauge connected to the steam space and easily visible by the boiler attendant, which shall indicate the pressure of steam in the boiler in pounds per square inch, and have marked upon it in, a distinctive colour the maximum permissible working pressure ;

(iv) at least one water gauge of transparent material or other type approved by the Chief Factory Inspecting Engineer to show the water level in the boiler, and, if the gauge is of the glass tubular type and the working pressure in the boiler normally exceeds forty pounds per square inch, the gauge shall be provided with an efficient guard but not so as to obstruct the reading of the gauge;

(v) where it is one of two or more boilers, a plate bearing a distinctive number which shall be easily visible ; and

(b) shall be provided with means for attaching a test pressure gauge ; and

(c) unless externally fired, shall be provided with a suitable fusible plug or an efficient low water alarm device :

Provided that sub-paragraph (ii) of paragraph, (a) of this subsection shall not apply with respect to economisers, and sub-paragraphs (iii), (iv), and (v) of paragraph (a), and paragraphs (b) and (c) of this subsection shall not apply with respect to either economisers or superheaters.

(2) For the purposes of the last foregoing subsection, a lever-valve shall not be deemed a suitable safety valve unless the weight is secured on the lever in the correct position.

(3) No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless-

(a) all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from that part; or

(b) all valves or taps controlling such entry are closed and securely locked, and, where the boiler has a blow-off pipe in common with one or more other boilers or delivering into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which cannot be removed until the valve or tap is closed and is the only key in use for that set of blow-off valves or taps.

(4) Every part of every steam boiler shall be of good construction, sound material, adequate strength, and free from patent defect.

(5) Every steam boiler and all its fittings and attachments shall be properly maintained.

(6) Every steam boiler and all its fittings and attachments shall be thoroughly examined by a person authorized by a Registrar at least once in every period of fourteen months, and also after any extensive repairs:

Provided that, in the case of any range of boiler used at the appointed date for the purposes of a process requiring a continuous supply of steam, any stop-valve on the range which cannot be isolated from steam under pressure need only be examined so far as is practicable without such isolation, but this proviso shall cease to have effect as soon as a reasonable opportunity arises for installing devices to enable the valve to be so isolated and, in any case, at the expiration of a period of three years from the appointed date.

(7) Any examination in accordance with the requirements of the last foregoing subsection shall consists, in the first place, of an examination of the boiler when it is cold and the interior and exterior have been prepared in the prescribed manner, and secondly, except in the case of an economiser or superheater, of an examination when it is under normal steam pressure and the two parts of the examination may be carried out by different persons; the examination under steam pressure shall be made on the first occasion when steam is raised after the examination of the boiler when cold, or as soon as possible thereafter, and the person making the examination shall see that the safety valve is so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure.

(8) A report of the result of every such examination in such form and containing such particulars as may be prescribed (including the maximum permissible working pressure) shall, as soon as practicable and in any case within twenty-eight days of the completion of the examination, be entered in or attached to the general register, and the report shall be signed by the person making the examination, and if that person is an inspector of a boiler-inspecting company or association, countersigned by the chief engineer of the company or association or by such other responsible officer of the company or association as may be authorized in writing in that behalf by the chief engineer.

For the purposes of this subsection and the succeeding provisions of this section relating to reports of examinations, the examination of a boiler when, it is cold and its examination when it is under steam pressure shall be treated as separate examinations.

(9)

(a) No new steam boiler shall be taken into use for the first time in any factory unless-

(i) there has been obtained from the manufacturer of the boiler or from a boiler-inspecting company or association, a certificate specifying the maximum permissible working pressure of the boiler and stating the nature of the tests to which the boiler and fittings have been submitted ; and

(ii) the certificate is kept available for inspection on the premises of the factory ; and

(iii) the boiler is so marked as to enable it to be identified as the boiler to which the certificate relates.

(b) No steam boiler which has previously been used in any other place shall be taken into use in any factory for the first time in that factory until the boiler has been examined and reported on in accordance with the last three foregoing subsections, and unless such examination has been carried out after the installation of the boiler in the factory.

(10) Where the report of any examination under this section specifies conditions for securing the safe working of a steam boiler, the boiler shall not be used except in accordance with those conditions.

(11) The person making the report of any examination under this section, or, where that person is an inspector of a boiler- inspecting company or association, the chief engineer thereof, shall within twenty-eight days of the completion of the examination send to the District Factory Inspecting Engineer for the district a copy of the report in every case where the maximum permissible working pressure is reduced, or the examination shows that the boiler cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time.

(12) If the person employed to make any such examination fails to make a thorough examination as required by this section or makes a report which is false or deficient in any material particular, or if the chief engineer of any boiler-inspecting company or association permits any such report to be made, he shall be guilty of an offence and liable to a fine not exceeding twenty-five thousand rupees, and if any such person or chief engineer fails to send to the District Factory Inspecting Engineer for the district a copy of any report as required by the preceding subsection, he shall be guilty of an offence.

(13) If the Chief Factory Inspecting Engineer is not satisfied as to the thoroughness of the examination, he may require the boiler to be re-examined by a persons nominated by him, and the occupier shall give the necessary facilities for such re-examination. If as a result of such examination it appears that the report of the examination was inadequate or inaccurate in any material particular, the cost of the re-examination shall be recoverable from the occupier as a debt due to the Crown and the report of the re-examination purporting to be signed by the persons making it shall be admissible in evidence and be prima facie evidence of the facts stated therein.

(14) In this Part, the expression “maximum permissible working pressure” means, in the case of a new steam boiler, that specified in the certificate referred to in subsection (9) of this section and in the case of a steam boiler which has been examined in accordance with the provisions of this section, that specified in the report of the last examination; and the expression “steam boiler” means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure, and includes any hot water boiler working at a temperature of not less than 110 degrees centigrade, any economiser used to heat the water fed to any such vessel, and any super-heater used for heating steam.

(15) This section shall not apply to any boiler belonging to or exclusively used in the service of the State which is exempted therefrom by the Minister on the ground that an efficient staff is employed for keeping such boilers in sound condition.

Steam receivers and steam containers.

35.

(1) Every steam receiver, not so constructed and maintained as to withstand with safety the maximum permissible working pressure of the boiler or the maximum pressure which can be obtained in the pipe connecting the receiver with any other source of supply, shall be fitted with-

(a) a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure being exceeded ; and

(b) a suitable safety valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded ; and

(c) a correct steam pressure gauge, which must indicate the pressure of steam in the receiver in pounds per square inch ; and

(d) a suitable stop valve; and

(e) except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible.

The safety valve and pressure gauge shall be fitter either on the steam receiver or on the supply pipe between the receiver and the reducing valve or other appliance to prevent the safe working pressure being exceeded.

(2) For the purpose of the provisions of the fore going subsection, except paragraph (e), any set of receivers supplied with steam through a single pipe and forming part of a single machine may be treated as one receiver, and for the purpose of the said pro visions, except paragraphs (d) and (e), any other set of receivers supplied with steam through a single pipe may be treated as one receiver :

Provided that this subsection shall not apply to any such set of receivers unless the reducing valve or other appliance to prevent the safe working pressure being exceeded is fitted on the said single pipe.

(3) Every part of every steam receiver shall be of good construction, sound material, adequate strength, and free from patent defect.

(4) Every steam receiver and its fittings shall be properly maintained and shall be thoroughly examined by a person authorized by the Registrar, so far as the construction of the receiver permits, at least once in every period of twenty-six months.

(5) A report of the result of every such examination containing such particulars as may be prescribed (including particulars of the safe working pressure) shall be entered in or attached to the general register.

(6) Every steam container shall be so maintained as to secure that the outlet is at all times kept open and free from obstruction.

(7) In this section the following expressions have the meanings hereby respectively assigned to them, that is to say ; –

” safe working pressure” means, in the case of a new steam receiver, that specified by the maker, and in the case of a steam receiver which has been examined in accordance with the provisions of this section, that specified in the report of the last examination ;

” steam receiver” means any vessel or apparatus (other than a steam boiler, steam container, a steam pipe or coil, or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure ;

” steam container” means any vessel (other than a steam pipe or coil) constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, and through which steam is passed at atmospheric pressure or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or other similar purpose.

Air receivers.

36.

(1) Every air receiver shall-

(a) have marked upon it so as to be plainly visible the safe working pressure ; and

(b) in the case of a receiver connected with an air compressing plant either be so constructed as to withstand with safety the maximum pressure which can be obtained in the compressor, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded ; and

(c) be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded ; and

(d) be fitted with a correct pressure gauge indicating the pressure in the receiver in pounds per square inch ; and

(e) be fitted with a suitable appliance for draining the receiver ; and

(f) be provided with a suitable manhole, hand hole, or other means which will allow the interior to be thoroughly cleaned ; and

(g) in a case where more than one receiver is in use in the factory, bear a distinguishing mark which shall be easily visible.

(2) For the purpose of the provisions of the foregoing subsection relating to safety valves and pressure gauges, any set of air receivers supplied with air through a single pipe may be treated as one receiver:

Provided that, in a case where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted, this subsection shall not apply unless the valve or appliance is fitted on the said single pipe.

(3) Every air receiver and its fittings shall be of sound construction and properly maintained.

(4) Every air receiver shall be thoroughly cleaned and examined at least once in every period of twenty-four months:

Provided that in the case of a receiver of solid drawn construction-

(a) the person making any such examination may specify in writing a period exceeding twenty-four months but not exceeding four years within which the next examination is to be made; and

(b) if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination.

Every such examination and test shall be carried out by a person who is the holder of a certificate issued in that behalf by the Commissioner and a report of the result of every such examination and test, containing such particulars as may be prescribed (including particulars of the safe working pressure) shall be entered in or attached to the general register.

(5) In this section the expression “air receiver” means-

(a) any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air and connected with an air compressing plant;

(b) any fixed vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine; or

(c) any fixed portable vessel (not being part of a spraying pistol) used for the purpose of spraying by means of compressed air any paint, varnish, lacquer or similar material; or

(d) any vessel in which oil, liquid or similar substance is stored and from which it is forced by compressed air or by any gas:

Provided that the provisions of paragraph (e) of subsection (1) of this section shall not apply to any such vessel as is mentioned in paragraph (c) or paragraph (d) of this subsection.

Exceptions as to steam boiler steam receivers and containers. air and gas receivers,

37. The Chief Inspector may by certificate except from any of the provisions of the last three preceding sections any class or type of steam boiler, steam receiver, steam container, or air receiver to which he is satisfied that such provision cannot reasonably be applied. Any such exception may be unqualified or may be subject to such conditions as may be contained in the certificate.

Precautions as respects water-sealed gasholders.

38.

(1) Every gasholder shall be of sound construction and shall be properly maintained.

(2) Every gasholder shall be thoroughly examined externally by a person authorised by the Registrar at least once in every period of two years, and a record containing such particulars as may be prescribed of every such examination shall be entered in or attached to the general register.

(3) In the case of a gasholder of which any lift has been in use for more than twenty years, the internal state of the sheeting shall, within two years of the coming into operation of this section and thereafter at least once in every period of ten years, be examined by a person authorized by the Registrar by cutting samples from the crown and sides of the holder or by other sufficient means, and all samples so cut and a report on every such examination signed by the person making it shall be kept available for inspection.

(4) A record signed by the occupier of the factory or by a responsible official authorized in that behalf showing the date of the construction, as nearly as it can be ascertained, of the oldest lift of every gasholder in the factory shall be kept available for inspection.

(5) Where there is more than one gasholder in the factory, every gasholder shall be marked in a conspicuous position with a distinguishing number or letter.

(6) No gasholder shall be repaired or demolished except under the direct supervision of a person who, by his training and experience and his knowledge of the necessary precautions against risks of explosion and of persons being overcome by gas, is competent to supervise such work.

(7) In this section the expression “gasholder” means a water-sealed gasholder which has a storage capacity of not less than five thousand cubic feet.

Means of escape in case of fire.

39.

(1) Every factory to which this section applies shall be certified by a Factory Inspecting Engineer as being provided with such means of escape in case of fire for the persons employed therein as may reasonably be required in the circumstances of each case and, if any premises with respect to which no such certificate is in force are used as a factory, the occupier shall be guilty of an offence and liable on conviction thereof to a fine not exceeding twenty-five thousand rupees, and if the contravention in respect of which he was so convicted is continued after the conviction, he shall subject to the provisions of section 110, be guilty of a further offence and liable in respect thereof to a fine not exceeding five hundred rupees for each day on which the offence was so continued.

It shall be the duty of the District Factory Inspecting Engineer for every district to examine every such factory within the district and, on being satisfied that the factory is so provided as aforesaid, to give such certificate accordingly. The certificate shall specify precisely and in detail the means of escape provided, and shall contain particulars as to the maximum number of persons employed or proposed to be employed in the factory as a whole and, if the Factory Inspecting Engineer thinks fit, in any specified part thereof, and as to any explosive or highly inflammable material stored or used and as to other matters taken into account in granting the certificate. The certificate shall be attached by the occupier to the general register.

(2) All means of escape specified in the certificate as aforesaid shall be properly maintained and kept free from obstruction.

(3) In the case of any factory constructed or converted for use as a factory before the coming into operation of this section no offence shall be deemed to be committed under this section by reason of the use of the factory during any period that may elapse between the coming into operation of this section and the grant or refusal of a certificate by the Factory Inspecting Engineer after examining the factory under this section, and if the Factory Inspecting Engineer refuses to grant a certificate in respect of the factory unless alterations are made, no such offence shall be deemed to be committed while the alterations are being carried out in accordance with the requirements of the Factory Inspecting Engineer.

(4) If, after the grant of a certificate, it is proposed to make any material extension or material structural alteration of the factory premises or to increase materially the number of persons employed in the factory or in any part specified in the certificate, or to begin to store or use explosive or highly inflammable material in the factory or materially to increase the extent of such storage or use, the occupier shall give written notice of the proposal to the Factory Inspecting Engineer.

(5) If the Factory Inspecting Engineer on receipt of the notice mentioned in the last foregoing subsection is of opinion that the conditions in regard to escape in case of fire will be affected, or if at any time he is satisfied that by reason of changed conditions the existing means of escape have become insufficient, he may by notice in writing require the occupier to make such alterations, within such period, as may be specified in the notice.

(6) The occupier shall, within the period specified in any notice of the Factory Inspecting Engineer under this section, carry out any alterations required by the notice, and upon their being carried out the Factory Inspecting Engineer shall amend the certificate or issue a new certificate, and if the alterations are not so carried out, the Factory Inspecting Engineer shall, without prejudice to the taking of other proceedings, cancel the certificate.

(8) If it appears to an Factory Inspecting Engineer that the conditions in regard to escape in case of fire in any factory to which this section applies are so dangerous that the factory or any part thereof ought not to be used, or ought not to be used for a particular process or work, until steps have been taken to remedy the danger, he may make a complaint to a Magistrate’s Court and the court may, on being satisfied of the matters aforesaid, by order prohibit the use of the factory or part thereof, or its use for the particular process or work until such works have been executed as are in the opinion of the court necessary to remedy the danger.

When any works have been executed in pursuance of such an order as aforesaid, the Factory Inspecting Engineer shall amend any certificate in force under this section in respect of the factory, or issue a new certificate, as the case may require-

(9) This section applies to every factory –

(a) in which more than twenty persons are employed ; or

(b) which is being constructed or converted for use as a factory at the appointed date, or is constructed or so converted after that date, and in which more than ten persons are employed in the same building on any floor above the ground floor of the building; or

(c) of which the construction has been completed before the appointed date and in which more than ten persons are employed in the same building above the first floor of the building or more than twenty feet above the ground level; or

(d) in or under which explosive or highly inflammable materials are stored or used.

Regulations as to means of escape in case of fire.

40.

(1) The Minister may make regulations as to the means of escape in case of fire to be provided in factories or any class or description of factory.

(2) If a certificate has been issued under section 39 in respect of a factory which is not in conformity with the regulations under this section, the Factory Inspecting Engineer shall serve a notice on the occupier of the factory requiring him to make, within a specified period, such alterations as the inspector may consider necessary to bring the factory into conformity with the regulations, and the provisions of section 39 shall apply in relation to any such notice as they apply to a notice of the Factory Inspecting Engineer under that section.

Safety provisions case of fire.

41.

(1) While any person is within a factory for the purpose of employment or meals, the doors of the factory, and of any room therein in which the person is, and any doors which afford a means of exit for persons employed in the factory from any building or from any enclosure in which the factory is situated, shall not be locked or fastened in such manner that they cannot be easily and immediately opened from the inside.

(2) Any doors opening on to any staircase or corridor from any room in which more than ten per sons are employed, and in the case of any factory constructed or converted for use as a factory after the coming into operation of this section, all other doors affording a means of exit from the factory for persons employed therein, shall except in the case of sliding doors, be constructed to open outwards.

(3) In any factory constructed or converted for use as a factory before the coming into operation of this section, in which more than ten persons are employed in the same building above the ground floor, any door, which is not kept continuously open, at the foot of a staircase affording a means of exit from the building shall, except in the case of sliding doors, be constructed to open outwards.

(4) Every hoist way or lift way inside a building constructed after the coming into operation of this section shall, subject as hereinafter provided, be completely enclosed with fire-resisting materials, and all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials :

Provided that any such hoist way or lift way shall be enclosed at the top only by some material easily broken by fire, or be provided with a vent at the top.

(5) The Chief Factory Inspecting Engineer may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of the last foregoing subsection in any case where he is satisfied that compliance with those requirements is inappropriate or undesirable.

(6) Every window, door, or other exit affording means of escape in case of fire or giving access thereto other than the means of exit in ordinary use, shall be distinctively and conspicuously marked by a notice printed in red letters of an adequate size.

(7) Where in any factory more than twenty persons are employed in the same building, or explosive or highly inflammable materials are stored or used in any building in which persons are employed, effective provision shall be made for giving warning in case of fire, which shall be clearly audible throughout the building.

(8) The contents of any room in which persons are employed shall be so arranged or disposed that there is a free passage-way for all persons employed in the room to a means of escape in case of fire.

Instruction as to use of means of escape in case of fire.

42.

(1) Where in any factory more than twenty persons are employed in the same building above the first floor or more than twenty feet above the ground level, or explosive or highly inflammable materials are stored or used in any building where persons are employed, effective steps shall be taken to ensure that all the persons employed are familiar with the means of escape in case of fire and their use and with the routine to be followed in case of fire.

(2) The Minister may make regulations as to the steps to be taken for the said purposes in such factories as aforesaid, or any class or description thereof.

Regulations requiring the installation of fire fighting appliances.


[ 17,Law l2 of l976]

42A.

(1) There shall be provided in every factory fire fighting appliances in accordance with the regulations made in that behalf.

(2) The Minister may by regulations provide for the testing and examination of such appliances and for all matters relating to, connected with or incidental to the provision of fire fighting appliances in factories. Such regulations may prescribe different appliances and means to be provided in respect of different classes or descriptions of factories.

Power of Commissioner to require special safety arrangements for the prevention of accidents.

43.

(1) Where it appears to the Registrar that, in view of the number and nature of accidents occurring in any factory or class or description of factory, special provision ought to be made at that factory or at factories of that class or description to secure the safety of persons employed therein, he may make an order requiring the occupier to make such reasonable provision by arrangements for special supervision in regard to safety, investigation of the circumstances and causes of accidents, and otherwise as may be specified in the order.

(2) If the occupier of any factory is aggrieved by any order made by the Registrar under subsection(1) in respect of th