FACTORIES

(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.

(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

(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 :-

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

(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-

(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.

(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 :-

(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.

(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.

(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:

(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.

(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-

(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.

(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.

(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.

(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.

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

(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.

(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.

(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.

(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-

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.

(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 :

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

(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.

(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

(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-

(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.

(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-

(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.

(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 :-

(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.

(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 :-

(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.

(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.

(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.

(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.

(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-

(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.

(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 :-

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.

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

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-

(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)

(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.

(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-

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.

(1) Every air receiver shall-

(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-

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-

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.

(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.

(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 –

(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.

(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.

(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.

(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.

(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 that factory, he may prefer an appeal, within twenty-one days of the order, to the board of appeal and the order shall be deemed to be suspended pending the final determination of the appeal.

(1) If in respect of any factor, on complaint made by an inspector, and after giving the occupier an opportunity of meeting such complaints , the Registrar is satisfied either-

(2) Where the Registrar is satisfied on complaints made by any inspector and after giving the occupier an opportunity for meeting such complaints, that any factory or part of the factory is in such a condition that any process or work carried on therein cannot be so carried on without risk of bodily injury, the registrar may by order prohibit, the use, thereof for the purpose of that process or work, until such work have been executed as are in the opinion of the Registrar necessary to remove the danger.

(3) In the event of an appeal being preferred by an occupier against any order of the description set out in subsection(1) or subsection (2), the order shall be deemed to be suspended pending the final determination of the appeal, and thereafter the decision in appeal shall have effect.

(a) be used in a factory unless such machinery is of sound material, good mechanical construction and adequate strength, is fitted with such safety devices and is installed in such manner as may be prescribed by regulation for that type or description of machinery ; or

(b) be operated except in such manner and with such safeguards and precautionary measures as may be prescribed by regulation for the better protection of persons or property from injury or damage likely to be caused by such machinery.

(1) There shall be provided and maintained at suitable points conveniently accessible to all persons employed an adequate supply of wholesome drinking water from a public main or from some other source approved in writing by the District Factory Inspecting Engineer for the district, such approval not to be withheld except on the ground of the unwholesomeness of the water.

(2) A supply of drinking water which is not laid on shall be contained in suitable vessels, and shall be renewed at least daily, and all practicable steps shall be taken to preserve the water and vessels from contamination ; and a drinking water supply (whether laid on or not) shall, in such cases as the District Factory Inspecting Engineer for the district may direct, be clearly marked ” Drinking Water “.

(3) Except where the water is delivered in an upward jet from which the employed persons can conveniently drink, one or more suitable cups or drinking vessels shall be provided at each point of supply with facilities for rinsing them in drinking water.

(1) There shall be provided and maintained for the use of employed persons adequate and suitable accommodation for clothing not worn during working hours; and such arrangements as are reasonably practicable or, when a standard is prescribed, such arrangements as are laid down thereby shall be made for drying such clothing.

(2) The Minister may by regulations prescribe, either generally or as respects any class or description of factory, a standard of suitable accommodation for such clothing and of arrangements for drying such clothing.

(3) The Registrar may by order provide for the exemption of factories from any of the requirements of this section in cases where by reason of such special circumstances as may be specified in the order the application of the requirement would in his opinion be unreasonable.

(1) There shall be provided and maintained so as to be readily accessible a first-aid box or cupboard of such standard as may be prescribed, and where more than one hundred and fifty persons are employed an additional box or cupboard for every additional one hundred and fifty persons.

For the purposes of this provision the number of persons employed in a factory shall be taken to be the largest number of persons employed therein at any one time, and any fraction of one hundred and fifty shall be reckoned as one hundred and fifty. Where the persons employed are employed in shifts the calculation of the number employed shall be according to the largest number at work at any one time.

(2) Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard.

(3) Each first-aid box or cupboard shall be placed under the charge of a responsible person who shall, in the case of a factory where more than fifty persons are employed, be trained in first-aid treatment, and the person in charge shall always be readily available during working hours. A notice shall be affixed in every workroom stating the name of the person in charge of the first-aid box or cupboard provided in respect of that room.

(4) If an ambulance room is provided at the factory and such arrangements are made as to ensure the immediate treatment there of all injuries occurring in the factory, the Chief Factory Inspecting Engineer may by certificate exempt the factory from the requirements of this section to such extent and subject to such conditions as he may specify in the certificate.

(1) In every factory in which, in connexion with any process carried on, there is given off any dust or fume or other impurity of such a character and to such extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable measures shall be taken to protect the persons employed against inhalation of the dust or fume or other impurity and to prevent its accumulating in any workroom, and in particular, where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of the dust or fume or other impurity, so as to prevent it entering the air of any workroom.

(2) No stationary internal combustion engine shall be used unless-

(1) Where ammonia, chlorine, carbon dioxide irritant or other vapour is used or is liable to be present in any factory, the plant or equipment in which such asphyxiant, gas or vapour is used or liable to be present shall be located in such part of the factory premises where persons are not ordinarily employed in any work.

(2) There shall be provided, properly maintained and readily available in any factory where any such asphyxiant gas or vapour is used or liable to be present, breathing apparatus or other equipment of a type approved by the Chief Factory Inspecting Engineer.

(3) No person shall be employed to work at or near the outlet of any slack culvert, drain, flue or sewer or other such place from which dangerous gases or fumes are liable to be discharged-

(1) Where in any room lead, arsenic or other poisonous substance is so used as to give rise to any dust or fume, a person shall not be permitted to partake of food or drink in that room or to remain in that room during the intervals allowed to him for meals or rest other than intervals allowed in the course of a spell of continuous employment.

(2) Where in any room a process prescribed by regulations made by the Minister is carried on, being a process which gives rise to siliceous dust or asbestos dust, a person shall not be permitted to remain in that room during the intervals allowed to him for meals or rest other than intervals allowed in the course of a spell of continuous employment.

(3) Suitable provision shall be made for enabling the persons employed in any such room as is mentioned in the last two foregoing subsections to take their meals elsewhere in the factory.

(4) Where it appears to the Commissioner that, by reason of the nature of any process, it is injurious to health or otherwise undesirable to take meals in rooms where that process is carried on or to remain therein during the intervals allowed for meals or rest, he may, if he thinks fit, by order extend all or any of the provisions of subsections (1) and (3) of this section to rooms where that process is carried on.

(1) No person shall use white phosphorus in the manufacture of matches.

(2) For the purposes of this Part of this Ordinance the expression “white phosphorus ” means the substance usually known as white or yellow phosphorus.

(1) No work shall be carried on in any underground room (not being an underground room used only for the purpose of storage or for some purpose excepted by order of the Commissioner) which is certified by the District Factory Inspecting Engineer for the district to be unsuitable for the purpose as regards construction, height, light or ventilation, or on any hygienic ground, or on the ground that adequate means of escape in case of fire are not provided : Provided that, where the Factory Inspecting Engineer certifies as unsuitable any room which is in actual use, he shall suspend the operation of the certificate for such period as he considers reasonable with a view to enabling the occupier to render the room suitable or to obtain other premises.

(2) In the case of any underground room which at the appointed date dose not from part of a factory or is not used as a workroom in a factory or is used only for the purpose of storage or for some purpose excepted as aforesaid-

(4) In this section the expression “underground room” means any room which or any part of which is so situate that half or more than half the whole height thereof, measured from the floor to the ceiling, is below the surface of the footway of the adjoining street or of the ground adjoining or nearest to the room.

(5) Any certificate issued under this section may be withdrawn by the Chief Factory Inspecting Engineer if such alterations are made as in his opinion to render the room suitable-

(a) effective steps shall be taken by means of a fan or otherwise to regulate the temperature in every ironing room, and to carry away the steam in every wash-house ;

(b) all stoves for heating irons shall be so separated from any ironing room or ironing table as to protect the workers from the heat thereof ;

(c) no gas iron emitting any noxious fumes shall be used.

(1) A young person shall not be employed to lift, carry or move any load so heavy as to be likely to cause injury to him.

(2) The Minister[1] may make special regulations prescribing the maximum weights which may be lifted, carried or moved by persons employed in factories; and any such regulations may prescribe different weights in different circumstances and may relate either to persons generally or to any class of persons or to persons employed in any class or description of factory or in any process.

(1) Where the Minister is satisfied that any manufacture, machinery, plant, process, or description of manual labour, used in factories is of such a nature as to cause risk of bodily injury to persons employed in connexion therewith, or any class of those persons, the Minister may, subject to the provisions of this Ordinance, make such special regulations as appear to him to be reasonably practicable and to meet the necessity of the case.

(2) Special regulations so made may, among other things –

and may impose duties on owners, employed persons and other persons, as well as on occupiers.

(3) Special regulations so made may apply to all factories in which the manufacture, machinery, plant, process, or description of manual labour is used or to any specified class or description of such factories, and may provide for the exemption of any specified class or description of factory either absolutely or subject to conditions.

(1) An Inspector may at any time after informing the occupier or if the occupier is not readily available, a foreman or other responsible person in the factory, take for analysis sufficient samples of any material in use or mixed for use in the manufacture of any substance used or intended to be used in a factory being a substance in respect of which he suspects a contravention of any regulation made under this Part of this Ordinance, or which in his opinion is likely to cause bodily injury to any person employed;

(2) The occupier or the foreman or other responsible person aforesaid may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the Inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and-

and any analysis under this section shall, if so required, be carried out by the Government Analyst’s Department or any Government Laboratory or any Government Institution.

(3) A certificate purporting to be a certificate by the Government Analyst as to the result of an analysis of a sample under this section shall in any proceeding under this Ordinance be admissible as evidence of the matter stated therein but either party may require the person by whom the analysis was made to be called as a witness.

(4) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Ordinance, to publish or disclose to any person the results of an analysis made under this section, and if any person acts in contravention of this subsection, he shall be liable to a fine not exceeding twenty-five thousand rupees.

(1) Where any accident occurs in a factory Which-

written notice of the accident, in such form and accompanied by such particulars as may be prescribed, shall forthwith be sent by the occupier of the factory to the inspector of the district.

(2) Where any accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, notice in writing of the death shall be sent to the Inspector for the district of the factory as soon as the death comes to his knowledge.

(3) Where any accident to which this section applies occurs to a person employed and the occupier of the factory is not the actual employer of the person killed or injured, the actual employer shall, if he fails to report the accident to the occupier immediately, be guilty of an offence and liable to a fine not exceeding fifty rupees.

(1) If the Minister[1] considers that, by reason of the risk of serious bodily injury to persons employed, it is expedient that notice should be given under section 61 in every case of any special class of explosion, fire, collapse of buildings, accidents to machinery or plant, or other occurrences in a factory, the Minister may by regulations extend the provisions of that section to any such class of occurrences, whether death or disablement is caused or not.

(2) The Minister may by any such regulations allow the required notice of any occurrence to which the regulations relate, instead of being sent forthwith, to be sent within the time limited by the regulations.

(1) Every registered medical practitioner attending on or called in to visit a patient whom he believes to be suffering from lead, phosphorous, arsenical or mercurial poisoning, or anthrax, contracted in any factory, shall (unless such a notice has been previously sent) forthwith send addressed to the Chief Inspector a notice stating the name and full postal address of the patient and the disease from which, in the opinion of the medical practitioner, the patient is suffering, and the name and address of the factory in which he is or was last employed, and shall be entitled in respect of every notice sent in pursuance of this section to a fee of two hundred rupees to be paid out of the Consolidated Fund.

(2) If, in contravention of the provisions of this section, any medical practitioner fails to send any notice in accordance with the requirements thereof, he shall be liable to a fine not exceeding five hundred rupees.

(3) Written notice of every case of lead, phosphorous, or arsenical or mercurial poisoning, or anthrax, occurring in a factory shall forthwith be sent by the occupier, in such form and accompanied by such particulars as may be prescribed to the Inspector for the district and to the examination surgeon; and the provisions of this Ordinance with respect to the notification of accidents shall apply to any such case in like manner as to any such accident as is mentioned in those provisions.

(4) The Minister[1] may, as respects all factories or any class or description of factory, by regulations apply the provisions of this section to any disease other than those mentioned in this section.

(1) Where it appears to an inquirer holding an investigation under the Code of Criminal Procedure Code, into the cause of the death of any person that the death of that person may have been caused by any accident or disease of which notice is required by this Ordinance to be given, the inquirer shall adjourn the investigation unless a Factory Inspecting Engineer or some person on behalf of the Commissioner is present to watch the proceedings, and shall, at least four days before holding the adjourned investigation, send to the District Factory Inspecting Engineer for the district notice in writing of the time and place of holding the adjourned investigation :

Provided that-

(2) At any investigation referred to in subsection (1), the following persons shall, subject to the power of the inquirer to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by attorney-at law or agent, that is to say, a Factory Inspecting Engineer, any relation of the person in respect of whose death the investigation is being held, the occupier of the factory in which the accident or disease occurred or was contracted, any person appointed by the order in writing of the majority of the persons employed in the factory, and any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed in the factory belongs, or by any association of employers of which the occupier is a member.

(3) Where evidence is given at any such investigation at which a Factory Inspecting Engineer is not present of any neglect as having caused or contributed to the accident or disease, or of any defect in or about the factory appearing to the inquirer to require a remedy, the inquirer shall send to the District Factory Inspecting Engineer for the district notice in writing of the neglect or defect.

(4) Any reference in this section to an inquirer shall be deemed to include a reference to a Magistrate.

(1) The Minister may, where he considers it expedient so to do, direct a formal investigation to be held into any accident occurring or case of disease contracted or suspected to have been contracted in a factory and of its causes and circumstances, and with respect to any such investigation the following provisions shall have effect;-

(2) The Minister may cause the report of the court to be made public at such time and in such manner as he thinks fit.

(1) It shall be the duty of the examining surgeon to investigate and report-

(2) The examining surgeon for the purpose of an investigation under this section, shall have the like powers as an Inspector , including power to enter any room in a building to which the person killed, injured, or affected has been removed.

(a) the total hours worked, exclusive of intervals allowed for meals and rest, shall neither exceed nine in any day nor exceed forty-eight in any week;

(b) the period of employment in the case of young persons who have not attained the age of sixteen shall not exceed twelve hours in any day and shall neither begin earlier than six o’clock in the morning nor end later than six o’clock in the evening, and in the case of young persons who have not attained the age of eighteen the period of employment shall not end later than eight o’clock in the evening, and, on not less than one day in the week, one o’clock in the afternoon.

(c) a woman or young person shall not be employed continuously for a spell of more than four and a half hours without an interval of at least half an hour for a meal or rest, so, however, that in respect of regular day time workers, one such interval shall be allowed to commence between the hours of eleven o’clock in the morning and one o’clock in the afternoon, and that where and interval of not less than ten minutes is allowed in the course of a spell, the spell may be increased to five hours.

(1) Notwithstanding the provisions of this Part relating to hours worked and periods of employment, pressure of work in any factory may be dealt with by the overtime employment of women and young persons who have attained the age of sixteen :

Provided that the overtime worked by any woman or by any young person who has attained the age of sixteen shall not exceed in the aggregate one hundred hours in any calendar year or six hours in any week and no woman and no such young person shall work overtime in more than twenty-five weeks in any calendar year.

(2) The overtime employment of a woman or young person shall be subject to the following conditions:-

(3) The provisions of this Part relating to continuous employment and intervals for meals or rest shall apply to overtime employment in like manner as they apply to other employment.

(4) If the Minister is satisfied that overtime employment of young persons, in accordance with the foregoing provisions of this section, in any process will prejudicially affect the health of the young persons, or any class of them, the Minister may by regulations either prohibit the overtime employment in that process of those young persons, or that class of them, or make such further restrictions as to the amount of such overtime employment or otherwise as the Minister may think fit.

(5) If representations are made to the Minister with respect to any class or description of factory that, having regard to the particular circumstances and conditions affecting the industry carried on therein, the overtime employment allowed under this section can be reduced without serious detriment to that industry, the Minister may, after consultation with any such association of occupiers or employed persons and any such wages board or similar body as appears to him to be affected, direct an inquiry to be held, and if the Minister is satisfied, as the result of the inquiry, that the overtime employment can be reduced without serious detriment to the industry, the Minister may by regulations make such modifications in the provisions of this section, in their application to the class or description of factory aforesaid, as will secure the reduction of the amount of overtime employment of women and young persons, or of young persons, employed therein.

(6) Where the Minister is satisfied that work in any class or description of factory is subject to seasonal or other special pressure, the Minister may by regulations, as respects that class or description of factory, increase for women, or for women employed in any specified process, during any period of such pressure, the hours of work and the period of employment allowed in a day under this section, so however that the increase shall only take place in such number of weeks, not exceeding eight in any year, as may be specified in the regulations.

(a) the expression ” overtime employment ” means, in relation to any woman or young person, any period during which that woman or young person is at work in the factory in addition to the total number of hours worked by that woman or young person under paragraph {a) of section 67 ;

(b) in, calculating hours of overtime employment any fraction of an hour less than half an hour shall be treated as half an hour and any fraction of an hour greater than half an hour shall be treated as an hour.

(1) A woman or young person shall not, during any interval allowed to that woman or young person for a meal or rest, or any time not included in the period of employment of that woman or young person be employed outside the factory, in the business of the factory or in any other business carried on by the occupier, on any day during which the woman or young person is employed in the factory :

Provided that a woman or young person who has attained the age of sixteen may be so employed in a shop outside the period of employment, but any such employment shall be treated for the purposes of this Part (including the provisions relating to overtime employment) as employment in the factory.

(2) For the purposes of this section, a woman or young person to or for whom any work is given out or who takes out any work to be done by her or him outside the factory, shall be deemed to be employed outside the factory on the day on which the work is so given or taken out.

(1) Subject to such regulations as may be made under subsection (2) or section 76,

(2) If the Minister is satisfied that, by reason of the fact that the materials in course of treatment in any class or description of factory are subject to rapid deterioration, or that by reason of any other circumstances or conditions obtaining in the case of any class or description of factory, the application of the provisions of paragraph (a) of subsection (1), in the case of factories of that class or description would cause serious interference with the efficient performance of work in such factories, the Minister may by regulations exempt factories of that class or description from the provisions of the said paragraph, subject to such conditions as may be prescribed, so, however, that such regulations shall ensure to each woman and young person employed in any such factory at least one whole holiday after each period of not more than six days during which that woman or young person has been employed in that factory.

(1) Subject to the provisions of this section, a young person who has not attained the age of sixteen and is taken into any employment in a factory, shall not remain in that employment after the expiration of such period, not being less than seven days, as may be prescribed, unless he has been examined by the examining surgeon and certified by him to be fit for that employment.

(2) Where the examining surgeon after examining a young person, requires further information or further time for consideration before deciding whether or not to certify him as fit for employment or as to the conditions subject to which the certificate is to be issued, he may issue a provisional certificate authorizing the employment of the young person for such period as may be certified in the certificate, not exceeding twenty-one days from the date on which it was issued.

(3) Any certificate by the examining surgeon may be issued-

(4) Where a certificate under this section in respect of any young person is issued by the authorized factory doctor upon any such condition as aforesaid, the young person shall not be employed except in accordance with the condition.

(5) Where the examining surgeon so directs in the certificate, any such condition as aforesaid shall, so far as relates to the employment in respect of which the certificate was issued or other employment in a factory in the occupation of the same occupier, continue to have a effect after the young person has attained the age of sixteen; but unless such direction is made, the condition shall cease to have effect when the young person attains the age of sixteen, and shall in any case cease to have effect when the young person attains the age of eighteen.

(6) Where a certificate under this section is subject to a condition requiring re-examination after an interval specified in the certificate, the authorized factory doctor, on such re-examination, may vary the certificate or may revoke the certificate as from such date as he may direct; and, if the certificate of a young person is revoked before he attains the age of sixteen, he shall not remain in any employment to which the certificate relates, and subsection (1) of this section shall thereafter have effect as if no certificate had been issued in respect of that young person.

(7) Where a certificate under this section in respect of any young person is refused or revoked, the authorized factory doctor shall, if requested to do so by the parent of the young person, give to the parent in writing the reasons for the refusal or revocation.

(8) The Minister may make regulations prescribing-

(9) The Minister[1] may by regulations exempt from the operation of this section any class or description of factory in which mechanical power is not used.

(1) Subject as hereinafter provided, the provisions of this Ordinance shall apply to any premises in which persons are regularly employed in or in connexion with the processes or operations of generating, transforming or converting, or of switching, controlling or otherwise regulating, electrical energy for supply by way of trade, or for supply for the purposes of any transport undertaking or other industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places, as if the premises were a factory and the employer of any person employed in the premises in or in connexion with any such process or operation were the occupier of a factory :

Provided, however, that the Commissioner or the District Factory Inspecting Engineer for the district may, by order, either-

(2) The provisions of this Ordinance hereinafter in this subsection mentioned shall apply to any other premises in which any such processes or operations as aforesaid are carried on or performed for such supply as aforesaid, being premises large enough to admit the entrance of a person after the machinery or plant therein is in position, as if the premises were a factory and the employer of any person employed in the premises in or in connexion with any such process or operation were the occupier of a factory, that is to say

(3) The Minister[1] may by special regulations apply any of the provisions of this Ordinance mentioned in the last foregoing subsection to any machinery or plant used elsewhere than in premises mentioned in that subsection or in subsection (1) hereof, being machinery or plant used in the aforesaid processes or operations and for such supply as aforesaid, as if the machinery or plant were machinery or plant in a factory, and the employer of any person employed in connexion with any such use of the machinery or plant were the occupier of a factory.

(4) Subsections (1) and (2) of this section shall not except in so far as the Minister may by special regulations direct, apply to any premises where the aforesaid processes or operations are only carried on or performed for the immediate purpose of working an electric motor or working any apparatus which consumes electrical energy for lighting, heating, transmitting or receiving messages or communications, or other purposes.

(5) For the purposes of the definition in section 126 of the expression ” factory”, electrical energy shall not be deemed to be an article, but save as aforesaid nothing in this section shall affect the application of this Ordinance to factories within the meaning of that definition.

(1) Where, in any premises forming part of an institution carried on for charitable or reformatory purposes , any manual labour is exercised in or incidental to the making, altering, requiring, ornamenting, finishing, washing, cleaning, or adapting for sale, of article not intended for the use of institution, but the premises do not constitute a factory, then, nevertheless, the provisions of this Ordinance shall subject as hereinafter in this section provided, apply to those premises.

(2) If in any such institution, to which this Ordinance applies the persons having the control of the institution (hereinafter referred to as the managers) satisfy the Registrar that the only persons working therein are persons who are inmates of and supported by the institution, or persons engaged in the supervision of the work or the management of machinery, and that such work as aforesaid is carried on in good faith for the purposes of the support, education, training, or reformation of persons engaged in it, the Registrar may by order direct that so long as the order is in force this Ordinance shall apply to the institution subject to the following modifications:-

(3) This Ordinance shall not, except in so far as the Commissioner may by order direct, apply to any premises which do not constitute a factory if the premises are subject to inspection by or under the authority of a Government department.

(1) The provisions of this Ordinance hereinafter in this subsection mentioned shall apply to every dock, wharf or quay (including any warehouse belonging to the owners, trustees or conservators of the dock, wharf or quay and any line or siding used in connexion with and for the purposes of the dock, wharf and quay and not forming part of a railway or tramway) and every other warehouse (not forming part of a factory) in or for the purposes of which mechanical power is used, as if it were a factory and as if the person having the actual use or occupation of it or of any premises within it or forming part of it, were the occupier of a factory, that is to say :-

(2) Subject as hereinafter in this subsection provided, the provisions of this Ordinance mentioned in paragraph (a) (subject to the modification mentioned in that paragraph) and in paragraphs (b), (d), (e), (g), (h) and (i) of the foregoing subsection shall apply to the processes of loading, unloading or coaling of any ship in any dock, harbour or canal, and to all machinery or plant used in those processes, as if the processes were carried on in a factory and the machinery or plant were machinery or plant in a factory, and the person who carries on those processes were the occupier of a factory :

Provided that the provisions of this Ordinance mentioned in the said paragraphs (a) and (b) shall not apply in relation to any such machinery or plant which is on board a ship and is the property of the ship owner.

For the purposes of this subsection, the expression ” plant” includes any gangway or ladder used by any person employed to load or unload or coal a ship.

(3) The provisions of Part III with respect to prime movers, transmission machinery, other machinery, provisions as to unfenced machinery, construction and maintenance of fencing, construction and sale of new machinery, cleaning of machinery by women and young persons, training and supervision of young persons working at dangerous machines, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, construction and maintenance of floors, passages and stairs, and the power of the Commissioner to make orders as to dangerous factories shall apply to every warehouse mentioned in subsection (1) of this section as if the warehouse were a factory and as if the person having the actual use or occupation thereof were the occupier of a factory.

(1) Subject as hereinafter in this section pro- vided, the provisions of this Ordinance hereinafter in this section mentioned shall apply to any work carried out in a harbour or wet dock in constructing, reconstructing, repairing, refitting, painting, finishing or breaking up a ship or in scaling, surfing or cleaning boilers (including combustion chambers and smoke boxes) in a ship, or in cleaning oil-fuel tanks or bilges in a ship, that is to say ;-

and for the purpose of such provisions the ship shall be deemed to be a factory, and any person undertaking such work shall be deemed to be the occupier of a factory.

(2) Nothing in this Ordinance shall apply to any such work as aforesaid done by the master or crew of a ship or done on board a ship during a trial run.

(1) Subject as hereinafter in this section provided, the provisions of this Ordinance hereinafter in this subsection mentioned shall apply to building operation undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purposes thereof and is not part of a railway or tramway, that is to say:- –

(2) The provisions of this Ordinance in their application to building operations shall have effect as if any place where such operations are carried on were a factory, and any person undertaking any such operations to which this Ordinance applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister: 1

Provided that such of the provisions of this Ordinance as require general registers to be kept and copies of the prescribed abstract of this Ordinance and of special regulations or the prescribed abstract of such regulations to be kept posted up on the premises shall be deemed to be complied with as respects building operations if the general register is kept at an office of the person undertaking the building operations and copies of the abstract of this Ordinance and of the regulations or abstract thereof are kept posted up at each office, yard, or shop of the person undertaking the operations at which persons employed by him on the operations attend, and in a position where they can easily be read by such persons.

(3) Any person undertaking any building operations to which this Ordinance applies shall, not later than seven days after the beginning thereof, serve on the inspector for the district a written notice stating the name and postal address of the person so undertaking the operations, the place and nature of the operations, whether any mechanical power is used and, if so, its nature, the name of the local authority within whose area the operations are situated and such other particulars as may be prescribed :

Provided that-

(1) Subject as hereinafter in this section provided, the provisions of this Ordinance hereinafter in this subsection mentioned shall apply to works of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connexion therewith and for the purposes thereof and is not part of a railway or
tramway, that is to say : –

(2) The provisions of this Ordinance in their application to works of engineering construction shall have
effect as if any place where such works are carried on were a factory, and any person undertaking any such works to which this Ordinance applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister : 1

Provided that such of the provisions of this Ordinance as require general registers to be kept and copies of the prescribed abstract of this Ordinance and of special regulations or the prescribed abstract of such regulations to be kept posted up on the premises shall be deemed to be complied with as respects building operations if the general register is kept at an office of the person undertaking the building operations and copies of the abstract of this Ordinance and of the regulations or abstract thereof are kept posted up at each office, yard, or shop of the person undertaking the operations at which persons employed by him on the operations attend, and in a position where they can easily be read by such persons.

(3) Any person undertaking any building operations to which this Ordinance applies shall, not later than seven days after the beginning thereof, serve on the inspector for the district a written notice stating the name and postal address of the person so undertaking the operations, the place and nature of the operations, whether any mechanical power is used and, if so, its nature, the name of the local authority within whose area the operations are situated and such other particulars as may be prescribed :

Provided that-

(a) the provisions relating to the employment of women and young persons in certain processes connected with lead manufacture and in processes involving the use of lead compounds;

(b) the provisions requiring notification to be sent to the Chief Factory Inspecting Engineer, or to the District Factory Inspecting Engineer for the district, of lead poisoning contracted or occurring in factories; and

(c) any provision relating to powers and duties of Factory Inspecting Engineers and to offences, penalties and legal proceedings,

(1) In the case of persons employed in such classes of work as may from time to time be specified by regulations of the Minister[1], the occupier of every factory and every contractor employed by any such occupier in the business of the factory shall-

(2) The lists kept by the occupier or contractor shall be open to inspection by any Factory Inspecting Engineer, and by any officer duly authorized by the Minister, and the copies sent to the Factory Inspecting Engineer shall be open to inspection by any Factory Inspecting Engineer or officer of any Government department.

(3) This section shall apply to any place from which any work is given out in connexion with the business of a factory (whether the materials for the work are supplied by the occupier or not), and to the occupier of that place, and to every contractor employed by the occupier in connexion with the said work, as if that place were a factory.

(4) In the event of a contravention of this section by the occupier of a factory or place, or by a contractor, the occupier or contractor shall be guilty of an offence and liable to a fine not exceeding one thousand rupees.

(1) Where work in respect of which this section applies is carried on for the purpose of or in connexion with the business of a factory in any place which is in the opinion of a Factory Inspecting Engineer may give notice in writing to the occupier of the factory or to any contractor employed by him setting forth particulars of the respects in which the place is, in his opinion, so injurious or dangerous, and the reasons for that opinion, and may by order in writing prohibit the giving out of work to be done in that place.

(2) The occupier of any factory or any contractor who is aggrieved by any order made under subsection (1) may prefer an appeal, within twenty-one days of the order, to the board of appeal, and the order shall be deemed to be suspended pending the final determination of the appeal.

(3) For the purpose of this section, any place from which work is given out shall be deemed to be a factory.

(4) This section shall apply in respect of such classes of work as may be specified in regulations made by the Minister.

(1) There shall be kept posted at the principal entrances of a factory at which employed persons enter –

Provided that a Factory Inspecting Engineer may direct that all or any of the aforesaid documents shall be posted in such parts of the factory, either in addition to or in substitution for the said principal entrances, as he may direct.

(2) All such documents shall be posted in such characters and in such positions as to be conveniently read by the persons employed in the factory and, if a form has been prescribed for any document, it shall be posted in that form.

(3) If any person pulls down, injures or defaces any abstract, notice, regulations or other document posted in pursuance of this Ordinance, he shall be guilty of an offence and liable to a fine not exceeding two thousand five hundred rupees.

(1) Printed copies of all special regulations for the time being in force in any factory or the prescribed abstract of such regulations shall be kept posted in the factory in such characters and in such positions as to be conveniently read by the persons employed in the factory.

(2) A printed copy of all such regulations shall be given by the occupier to any person affected thereby on his application.

(1) There shall be kept in every factory, or in such place outside the factory as may be approved by the District Factory Inspecting Engineer for the district, a register, called the general register, substantially in such form as may be prescribed, and there shall be entered in or attached to that register-

(2) There shall be attached to the general register a copy of the certificate of the Factory Inspecting Engineer relating to means of escape in the case of fire.

(3) The occupier of a factory shall send to a Factory Inspecting Engineer such extracts from the general register as the Factory Inspecting Engineer may from time to time require for the purpose of the execution of his duties under this Ordinance.

(1) The occupier of every factory shall, at intervals of not less than one year, on or before such days as the Commissioner may direct, send to the Chief Factory Inspecting Engineer a correct return specifying, with respect to such day or days, or such period as the Commissioner direct, the number of persons employed in the factory, and giving such particulars as may be prescribed, as to the hours of employment of women and young persons employed, as to the age, sex, and occupation of all persons employed, and as to such other matters, if any, as the Commissioner may direct.

(2) The occupier of any place to which any of the provisions of this Ordinance apply shall, if so required by the Commissioner, make a like return to the Chief Factory Inspecting Engineer.

(3) The Commissioner may, for the purpose of facilitating the rendering of the returns under this section by occupiers, arrange for the consolidation of those returns with any other returns which any Government department is empowered to call for from occupiers.

(1) No person employed in a factory or in any other place to which any provisions of this Ordinance apply shall wilfully interfere with or misuse any means, appliance, convenience or other thing provided in pursuance of this Ordinance for securing the health, safety or welfare of the persons employed in the factory or place, and where any means or appliance for securing health or safety is provided for the use of any such person under this Ordinance, he shall use the means or appliance.

(2) No person employed in a factory or in any other place to which any provisions of this Ordinance apply shall wilfully and without reasonable cause do anything likely to endanger himself or others.

(1) All the provisions of law, for the time being in force in Ceylon relating to weights and measures or weighing or measuring instruments shall extend to weights, measures, and weighing instruments used in a factory for the purpose of checking or ascertaining the wages of any person employed therein, in like manner as if they were used for trade, and the power of the Minister to make regulations under the Weights and Measures Ordinance, shall include power to extend any such provisions to such measuring instruments used in factories for the purposes aforesaid as may be specified in the regulations.

(2) Every inspector or other person authorized under the law for the time being relating to weights and measures or weighing or measuring instruments to inspect or examine weights and measures shall inspect, stamp, mark, search for, and examine the weights and measures and weighing and measuring instruments to which such law is extended by or under this section, and for that purpose shall have the same powers and duties as he has with respect to weights, measures and instruments used for trade.

(1) The person for the time being holding the office or discharging the functions of the commissioner of Labour shall be the Registrar for the purpose of this ordinance.

(2) Every person for the time being holding the office or discharging the function of a Deputy Commissioner of Labour or an Assistant Commissioner of Labour shall, as the case may be , be a Deputy Registrar for the purpose of this ordinance and shall, under the General supervision and control of the Registrar, perform the like duties and exercise the like power as the Registrar under this Ordinance.

(1) There shall be a Factories Advisory Board which shall consist of-

(2) It shall be the duty of the Factories Advisory Board –

(3) Regulations may be made for or in respect of-

(4) Subject to any regulations that may be made, the board may regulate its own procedure

(5) . For the purpose of this section, “agricultural produce factory” includes any factory used for the purpose of manufacturing tea from the leaf of the tea plant, or sheet or crepe rubber from the leaf the latex of the rubber plant, and any other factory used wholly or mainly for the process of turning any raw agricultural produce into a marketable condition.

(1) The Registrar, the chief inspector, an inspector, and any qualified engineer who is in the service of the Government and is authorized in this behalf by the Registrar shall, for the purpose of the execution of this Ordinance, have power to do all or any of the following things, that is to say: –

(2) The occupier of every factory, his agents and servants, shall furnish the means required by any officer referred to in subsection (1) as necessary for an entry, inspection, examination, inquiry, the taking of samples, or otherwise for the exercise of his powers under this Ordinance in relation to that factory.

(3) If any person wilfully delays any officer referred to in subsection (1) in the exercise of any power under this section, or fails to comply with the requisition of such officer in pursuance of this section, or to produce any register, certificate, notice or document which he is required by or in pursuance of this Ordinance to produce, or wilfully withholds any information as to who is the occupier of any factory, or conceals ‘ or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by such officer, that person shall be deemed to obstruct such officer in the execution of his duties under this Ordinance.

(4) Where any officer referred to in subsection (1) is obstructed in the execution of his powers or duties under this Ordinance, the person obstructing him shall be guilty of an offence, and liable to a fine not exceeding fifty rupees ; and where such officer is so obstructed in a factory, the occupier of that factory shall be guilty of an offence.

(5) Any certificate issued by a chief inspector, or an inspector for a district may be issued for a limited period or without limit of period and may be varied or revoked by him or his successor in office.

(1) Subject to any general directions of the Registrar the chief inspector may appoint a sufficient number of registered medical practitioners to be examining surgeons for any of the purposes of this Ordinance, and may revoke any such appointment.

(2) Every appointment and revocation of appointment of an examining surgeon may be annulled by the Registrar upon appeal to him for that purpose.

(3) A registered medical practitioner who is the occupier of a factory, or is directly or indirectly interred therein, or in any process or business carried on therein, or in a patent connected therewith, shall not act as examining surgeon for that factory :

Provided that the Registrar may authorize a registered medical practitioner who is employed by the occupier of the factory in connexion with the medical supervision of persons employed in the factory, but is not otherwise interested in the factory, to act as examining surgeon for that factory for the purpose of examining and certifying the fitness of young persons

(4) The examining surgeon for any factory shall have power at all reasonable times to inspect the general register of that factory.

(5) The Minister[1] may make regulations as to the duties of examining surgeons.

(6) An examining surgeon shall, if so directed by the Registrar, make such special inquiry and examination of employed persons as may be directed.

(7) Every examining surgeon shall in each year
make a report, at such time and in such form as may
be prescribed, to the Registrar as to examinations made
and other duties performed by him in pursuance of
this Ordinance.

(8) If and so long as there is no examining surgeon for any factory, the district medical officer appointed for the district in which the factory is situate shall act
as the examining surgeon for that factory.

(9) The fees to be paid to examining surgeons for carrying out their duties under this Ordinance shall, so far as they relate to any examination or certificate with respect to the fitness of a young person for employment in a factory or to any examination or medical supervision of persons employed in a factory carried out in pursuance of regulations or an order under this Ordinance, be paid by the occupier of that factory, and in any other case shall be defrayed out of the Consolidated Fund, and the fees shall, subject to any agreement between the examining surgeon and the occupier of a factory as respects the fees payable by the occupier, be of such amount as may be prescribed by regulations made by the Minister.[1]

(1) The Minister may make regulations for or in respect of all matters stated or required by this Ordinance to be prescribed and all matters for which regulation or special regulations are required or authorized by this Ordinance to be made, and all such other regulations as to the Minister may seem necessary for carrying out the provisions of this Ordinance or giving effect to the principles thereof.

(2) No regulation made by the Minister shall have effect until it is approved by Parliament and notification of such approval is published in the Gazette.

(3) Every regulation made by the Minister and approved by Parliament shall, upon the notification in the Gazette of such approval, be as valid and effectual as if it were herein enacted.

(1) The Minister[1] shall appoint not less than ten persons all of whom shall form a panel from which a board of appeal shall be constituted as hereinafter provided for the purposes of hearing appeals under this Ordinance.

(2) Every board of appeal shall consist of three persons on the panel, one of whom shall be an advocate or proctor of the Supreme Court of not less than ten years’ standing.

(1) A board of appeal may, on any appeal preferred under this Ordinance, confirm, vary, amend or annul the notice, order or direction appealed against or make such other order as it thinks fit.

(2) The decision of the board on any appeal shall be final and conclusive and the appellant shall take immediate steps to carry out or give effect to the decision of the board.

(3) Regulations may be made prescribing-

(1) In the event of any contravention, in or in connexion with or in relation to a factory, of the provisions of this Ordinance or of any regulation or order made or direction issued thereunder, the occupier, or (if the contravention is one in respect of which the owner is by or under this Ordinance made responsible) the owner of the factory shall subject as hereinafter in this Ordinance provided, be guilty of an offence.

(2) In the event of any contravention by an employed person of the provisions of Pat X with respect to duties of persons employed or of a contravention by any person of any regulation or order made under this Ordinance which expressly imposes any duty upon him , that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence in respect of that contravention unless it is proved that he failed to take all reasonable steps to prevent the contravention.

(3) If the occupier of a factory avails himself of any special exception allowed by or under this Ordinance and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Ordinance.

(4) If any persons are employed in a factory otherwise than in accordance with the provisions of this Ordinance or of any regulation or order made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed.

(5) Where an offence under this ordinance committed by a company is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of the company, he, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(a) in the case of injury to health, the occupier or owner shall not be liable to a fine under this section unless the injury was caused directly by the contravention; and

(b) the occupier or owner shall not be liable to a fine under this section if an information against him under this Ordinance in respect of the act or default by which the death or injury was caused, has been heard and dismissed before the death or injury occurred.

(a) forges or counterfeits any certificate required by, under, or for the purposes of, this Ordinance or any order or regulation made thereunder;

(b) gives or signs any such certificate knowing it to be false in any material particular;

(c) knowingly utters or makes use of any such certificate so forged, counterfeited, or false as aforesaid;

(d) knowingly utters or makes use of as applying to any person any such certificate which does not so apply ;

(e) personates any person named in any such certificate;

(f) falsely pretends to be a Factory inspecting Engineer

(g) wilfully connives at any such forging, counterfeiting, giving, signing, uttering, making use, personating or pretending as aforesaid ;

(h) wilfully makes a false entry in any register, notice, certificate, or document required by, under, or for the purposes of, this Ordinance or any order or regulation made thereunder to be kept or served or sent ;

(i) wilfully makes or signs a false declaration required by, under, or for the purposes of, this Ordinance or any order or regulation made thereunder;

(j) knowingly makes use of any such false entry or declaration as aforesaid ;

(1) Where the occupier or owner of a factory is charged with an offered under this Ordinance, he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days’ notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge ; and if, after the commission of the offence has been proved, the occupier or owner of the factory proves to the satisfaction of the court-

that other person may after summary trial be convicted of the offence, and the occupier or owner shall not be guilty of the offence.

The prosecution shall have the right in any such case to cross-examine the occupier or owner if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence.

(2) When it is made to appear to the satisfaction of an inspector at the time of discovering an offence-

the Inspector shall proceed against the person whom he believes or who is stated to be the actual offender without first proceeding against the occupier or owner of the factory.

(1) offences under this Ordinance shall be triable summarily by a Magistrate.

(2) In any proceedings under this Ordinance it shall be sufficient in the plaint or information to allege that the factory is a factory within the meaning of this Ordinance and to state the name of the ostensible occupier of the factory, or, where the occupier is a firm, the designation or title of the firm.

(3) Where, with respect to or in consequence of any accident in a factory, a report is made by any person or persons appointed to hold a formal investigation under this Ordinance or an investigation is held under Chapter XI of the Code of Criminal Procedure Code, and it appears from the report, or from the proceedings at the investigation, that any of the provisions of this Ordinance, or any orders or regulations made there under, were not complied with at or before the time of the accident, summary proceedings against any person liable to be proceeded against in respect of such non-compliance may be commenced at any time within three months after the making of the report or the conclusion of the investigation.

(4) Where any offence is committed under this Ordinance by reason of a failure to make an examination, enter a report, or do any other thing, at or within a time specified by this Ordinance or any regulation or order made thereunder, the offence shall be deemed to continue until the examination is made, or the report entered, or the other thing done, as the case may be.

(5) All fines imposed and recovered under this Ordinance shall, save as otherwise expressly provided for by this Ordinance, be paid into the Consolidated Fund.

(1) If a person is found in a factory at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Ordinance to have been then employed in the factory.

(2) Where in any proceedings under this Ordinance with respect to a young person it appears to the court that that young person is apparently of or below the age alleged by the informant, it shall lie on the defendant to prove that the young person is not of or below that age.

(3) Where any entry is required by this Ordinance or by any order or regulations made thereunder to be made in the general register or in any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any provision of this Ordinance or of any order or regulation made thereunder has not been made shall be admissible as evidence that that provision has not been observed.

(1)Any document (including any summons or order) required or authorized to be served under this Ordinance may be served-

(2) Any such document may be addressed, for the purpose of the service thereof on the occupier of a factory, to ” the occupier” at the proper postal address of the factory, without further name or description.

(3) The foregoing provisions of this section shall apply with the necessary modifications to documents required or authorized under this Ordinance to be sent to any person, firm, owner or occupier, and to the sending, addressing, and delivery of such documents.

(1) Subject as hereinafter provided, the provisions of this Ordinance shall apply to factories belonging to or in the occupation of the Crown and to building operations and works of engineering construction undertaken by or on behalf of the Crown :

Provided that such provisions shall not, during any war in which Her Majesty may be engaged, apply to any factory in the occupation of any of Her Majesty’s forces or to any building operations or works of engineering construction undertaken by any of Her Majesty’s forces :

Provided, further, that the Minister[1] may by Order exempt from this Ordinance, either wholly or to such extent or during such period as may be specified in the Order, any factory belonging to the Crown or any building operations or works of engineering construction undertaken by or on behalf of the Crown or any factory in respect of work which is being done on behalf of the Crown.

(2) In this section, ” Her Majesty’s forces ” includes the Ceylon Army and the Ceylon Volunteer Naval Force.

(1) Subject to the provisions of this section, the expression “factory” means any premises in which, or within the close or cartilage or precincts of which persons are employed in manual labour in any process for or incidental to any of the following purposes, namely :-

And (whether or not they are factories by reason of the foregoing definition) the expression ” factory ” also includes the following premises in which persons are employed in manual labour, that is to say :-

(2) Any line or siding (not being part of a railway or tramway) which is used in connexion with and for the purposes of a factory, shall be deemed to be part of the factory ; and where any such line or siding is used in connexion with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory.

(3) A part of a factory may, with the approval in writing of the Chief Factory Inspecting Engineer, be taken to be a separate factory and two or more factories may, with the like approval, be taken to be a single factory.

(4) Any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute the workplace a factory if the persons working therein were in the employment of the owner or occupier, shall be deemed to be a factory for the purposes of this Ordinance, and, in the case of any such workplace the provisions of this Ordinance shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.

(5) No premises in or adjacent to and belonging to a quarry or mine, being premises in which the only process carried on is a process ancillary to the getting, dressing or preparation for sale of minerals, shall be deemed to be a factory.

(6) Where a place situate within the close, curtilage, or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Ordinance, but shall, if otherwise it would be a factory, be deemed to be a separate factory.

(7) No premises shall be deemed to be excluded from the definition of a factory by reason only that they are open air premises.

(8) Where the Minister[1] by regulations so directs as respects all or any purposes of this Ordinance, different branches or departments of work carried on in the same factory shall be deemed to be different factories.

(9) Any premises belonging to or in the occupation of the State or any municipal or other local or public authority shall not be deemed not to be a factory, and building operations or works of engineering construction undertaken by or on behalf of the State or any such authority shall not be excluded from the operation of this Ordinance, by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain.

(10) Where the only persons employed in any premises are members of the family of the occupier of those premises, those premises shall, notwithstanding anything in the preceding provisions of this section, be deemed not to be a factory for the purposes of this Ordinance.

(11) Where within the premises of any shop any work is done or any process is carried on which, under the preceding provisions of this section, constitutes those premises a factory, then, notwithstanding anything in such provisions-

(1) In this Ordinance, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say-

“appointed date” means the 1st day of January, 1950;

”bakehouse” means any place in which bread, biscuits or confectionery is or are baked by way of trade or for purposes of gain;

” bodily injury” includes injury to health;

” building operation” means the construction, structural alteration, repair or maintenance of a building (including repainting, redecoration and external cleaning of the structure), the demolition of a building, and the preparation for, and laying the foundation of, an intended building, but does not include any operation which is a work of engineering construction within the meaning of this ordinance;

“calendar year” means the period of twelve months beginning with the first day of January in any year;

“Chief Inspector” means the Chief Inspector appointed under this ordinance;

“class or description”, in relation to factories, includes a group of factories described by reference to locality;

“contravention” includes, in relation to any provision, a failure to comply with that provision, and the expression” contravene” shall be construed accordingly;

“cotton cloth factory” means any room, shed or workshop, or part thereof, in which the weaving of cotton cloth is carried on;

“degrees” means degrees Fahrenheit;

“driving-belt” includes any driving strap or rope;

“fume” includes gas or vapour”

“general register” means the register kept in accordance with the requirements of section 92;

” Inspector” means expect where otherwise expressed, an inspector appointed under this Ordinance, and a reference to the inspector for the district as respect any factory is a reference to the inspector in charge of the district in which the factory is situate;

“machinery” includes any driving-belt;

“maintained” means maintained in an efficient state, in efficient working order, and in good repair;

“owner” means the person for the time being receiving the rent of the premises in connexion with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the rent if the premises were let to a tenant;

“parent” means a parent or guardian of, or person having the legal custody of, or the control over a child or young person, and includes, in relation to any child or young person, any person having direct benefit from his wages ;

“period of employment” means the period (inclusive of the time allowed for meals and rest) within which persons may be employed on any day ;

” prescribed” means prescribed by regulations of the Minister ;

” prime mover” means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;

” process ” includes the use of any locomotive ;

” railway ” means any railway used for the purposes of public traffic whether passenger, goods, or other traffic and includes any works of the railway authority connected with the railway;

” sanitary conveniences” includes urinals, water-closets, earth-closets, privies, ashpits, and any similar convenience ;

“ship”, “vessel”, and “harbour” have the same meaning as in the Merchant Shipping Act;

“shop” has the same meaning as in the Shop and Office Employees (Regulation of Employment and Remuneration) Act;

“tramway” means a tramway authorized by or under any law and used for the purpose of public traffic;

“transmission machinery” means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance;

“week” means the period between midnight of any Saturday and midnight of the next succeeding Saturday;

“woman” means a female who has attained the age of eighteen;

“work of engineering construction” means the construction of any railway line or siding and the construction, structural alteration or repair (including repointing and repainting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipe-line, aqueduct, sewer, sewage works, or gasholder, and shall include such other works as may be specified by regulations of the Minister ;[1]

“young person” means a person who has attained the age of fourteen and has not attained the age of eighteen.

(2) For the purposes of this Ordinance, machinery or plant shall be deemed to have been constructed or reconstructed before the appointed date or the making of regulations under this Ordinance, and a factory or building shall be deemed to have been constructed, reconstructed, extended, added to, or converted for use as a factory, before the appointed date or the coming into operation of any provision of this Ordinance, if the construction, reconstruction, extension, addition, or conversion was begun before the appointed date, or the making of regulations under this Ordinance, or the coming into operation of any provision of the Ordinance, as the case may be.

(3) For the purposes of this Ordinance, a factory shall not be deemed to be a factory in which mechanical power is used by reason only that mechanical power is used for the purpose of heating, ventilating or lighting the workrooms or other parts of the factory.

(4) A woman, young person, or child who works in a factory, whether for wages or not, either in a process or in cleaning any part of the factory used for any process, or in cleaning or oiling any part of the machinery or plant, or in any other kind of work whatsoever incidental to or connected with the process, or connected with the article made or otherwise the subject of the process therein, shall, save as is otherwise provided by this Ordinance, be deemed to be employed therein for the purposes of this Ordinance or of any proceedings thereunder :

Provided that any woman employed solely in cleaning a factory or any part thereof, otherwise than in cleaning which is incidental to or connected with any process, shall not be deemed for the purposes of Part VII to be employed in the factory.

(5) For the purposes of this Ordinance, employment shall be deemed to be continuous unless interrupted by an interval of at least half an hour.

(6) For the purposes of this Ordinance, an apprentice shall be deemed to be a person employed.

(7) References in this Ordinance to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.