L4 THE FACTORIES ACT1948-1.pptx

THE FACTORIES ACT, 1948 Uday. S Verma  CHAPTER V : WELFARE 42 Washing facilities.- (1) In every factory- (a) adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein; (b) separate and adequately screened facilities shall be...

THE FACTORIES ACT, 1948 Uday. S Verma  CHAPTER V : WELFARE 42 Washing facilities.- (1) In every factory- (a) adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein; (b) separate and adequately screened facilities shall be provided for the use of male and female workers; (c) such facilities shall be conveniently accessible and shall be kept clean. (2) The 1[State] Government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing. 43 Facilities for storing and drying of wet clothing.- The State Government may in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn during working hours and for the drying of wet clothing. 44 Facilities for sitting.- (1) In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work. (2) If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working. (3) The 2[State] Government may, by notification in the Official Gazette, declare that the provisions of sub-section (1) shall not apply to any specified factory or class or description of factories or to any specified manufacturing process. 45 First aid appliances.- (1) There shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboard to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed 3[at any one time] in the factory. [(2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard. (3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person [who holds a certificate in first-aid treatment recognised by State Government] and who shall always be readily available during the working hours of the factory.]  3[(4) In every factory wherein more than five hundred workers are [ordinarily employed] there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed 5[and those facilities shall always be made readily available during the working hours of the factory.] 46 Canteens.- (1) The [State] Government may make rules requiring that in any specified factory wherein more than two hundred and fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers. (2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the date by which such canteen shall be provided; (b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen; (c) the foodstuffs to be served therein and the charges which may be made therefor; (d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; (dd) 7[the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer;] (e) the delegation to the Chief Inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c). 47 Shelters, rest rooms and lunch rooms.- (1) In every factory, wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers: Provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this sub-section: Provided further that where a lunch room exists no worker shall eat any food in the workroom. (2) The shelters or rest rooms or lunch rooms to be provided under sub- section (1) shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition. (3) The 1[State] Government may- (a) prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided, under this section; (b) by notification in the Official Gazette, exempt any factory or class or description of factories from the requirements of this section. 48 Crèches.- (1) In every factory wherein more than 2[thirty women workers] are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women. (4) Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants. (5) The 3[State] Government may make rules- (a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided under this section;  (a) requiring the provision in factories to which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing; (b) requiring the provision in any factory of free milk or refreshment or both for such children; (c) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals. 49 Welfare officers.- (1) In every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare officers as may be prescribed. (2) The 4[State] Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1). 50 Power to make rules to supplement this Chapter.- The 5[State] Government may make rules- (d) exempting, subject to compliance with such alternative arrangement for the welfare of workers as may be prescribed, any factory or class or description of factories from compliance with any of the provisions of this Chapter; (e) requiring in any factory or class or description of factories that representatives of the workers employed in the factory shall be associated with the management of the welfare arrangements of the workers.  CHAPTER VI WORKING HOURS OF ADULTS 51 Weekly hours.- No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. 52 Weekly holidays.- (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless- (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and (b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,- (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and (ii)displayed a notice to that effect in the factory: Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day. (2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier. (3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week. 53 Compensatory holidays.- (1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost. (2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed. 54 Daily hours.- Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day: 1[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified in this section may be exceeded in order to facilitate the change of shifts.] 55 Intervals for rest.- 2[(1) 3[The periods of work] of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at half an hour.  1[(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub- section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.] 56 Spread over.- The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day: Provided that the Chief Inspector may, for reasons to be specified in writing, increase the 2[spread over upto twelve hours.] 57 Night shifts.- Where a worker in a factory works on a shift which extends beyond midnight- (a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends; (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day. 58 Prohibition of overlapping shifts.- (1) Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time. 3[(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).] 59 Extra wages for overtime.- (1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect to overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. 4[(2) For the purposes of sub-section (1), “ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work. (2) Where any workers in a factory are paid on a piece-rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be the ordinary rates of wages of those workers. 60 Restriction on double employment.- No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed. 61 Notice of periods of work for adults.- (1) There shall be displayed and correctly maintained in every factory in accordance with the provisions of sub- section (2) of section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work. (2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the following provisions of this section, and shall be such that workers working for those periods would not be working in contravention of any of the provisions of sections 51, 52, 54 2[55, 56 and 58]. (3) Where all the adult workers in a factory are required to work during the same periods, the manager of the factory shall fix those period for such workers generally. (4) Where all the adult workers in a factory are not required to work during the same periods, the manager of the factory shall classify them into groups 62 Register of adult workers.- (1) The manager of every factory shall maintain a register of adult workers, to be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing- (a) the name of each adult worker in the factory; (b) the nature of his work; (c) the group, if any, in which he is included; (d) where his group works on shifts, the relay to which he is allotted; and (e) such other particulars as may be prescribed: 63 Hours of work to correspond with notice under section 61 and register under section 62.- No adult worker shall be required or allowed to work in any factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made before hand against his name in the register of adult workers of the factory. 64 Power to make exempting rules.- (1) The 1[State] Government may make rules defining the persons who holds positions of supervisions or management or are employed in a confidential position in a factory, 2[or empowering the Chief Inspector to declare any person, other than a person defined by such rules, as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion of the Chief Inspector, such persons holds such position or is so employed] and the provisions of this Chapter, other than the provisions of clause (b) of sub- section (1) of section 66 and of the proviso to that sub-section, shall not apply to any person so defined 3[or declared]: 7[(4) In making rules under this section, the State Government shall not exceed, except in respect of exemption under clause (a) of sub-section (2), the following limits of work inclusive of overtime:- (i) the total number of hours of work in any day shall not exceed ten; (ii) the spread over, inclusive of intervals for rest, shall not exceed twelve hours in any one day: Provided that the State Government may, in respect of any or all of the categories of workers referred to in clause (d) of sub- section (2), make rules prescribing the circumstances in which, and the conditions subject to which, the restrictions imposed by clause (i) and clause (ii) shall not apply in order to enable a shift worker to work the whole or part of a subsequent shift in the absence of a worker who has failed to report for duty; 8[(iii) the total number of hours of work in a week, including overtime, shall not exceed sixty]; 1[(iv) the total number of hours of overtime shall not exceed fifty for any one quarter. 65 Power to make exempting orders.- (1) Where the 3[State] Government is satisfied that, owing to the nature of the work carried on or to other circumstances, it is unreasonable to require that the periods of work of any adult workers in any factory or class or description of factories should be fixed before- hand, it may, by written order, relax or modify the provisions of section 61 in respect of such workers therein, to such extent and in such manner as it may think fit, and subject to such conditions as it may deem expedient to ensure control over periods of work. (2) The 4[State] Government or, subject to the control of the 5[State] Government, the Chief Inspector, may by written order exempt, on such conditions as it or he may deem expedient, any or all of the adult workers, in any factory or group or class or description of factories from any or all of the provisions of sections 51, 52, 54 and 56 on the ground that the exemption is required to enable the factory or factories to deal with an exceptional press of work. 6[(3) Any exemption granted under sub-section (2) shall be subject to the following conditions, namely:- (i) the total number of hours of work in any day shall not exceed twelve; (ii) the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any one day; (iii)the total number of hours of work in any week, including overtime, shall not exceed sixty; (iv)no worker shall be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy-five. 66 Further restrictions on employment of women.- (1) The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:- (a) no exemption from the provisions of section 54 may be granted in respect of any woman; (b) no woman shall be 8[required or allowed to work in any factory] except between the hours of 6 a.m. and 7 p.m. Provided that the 1[State] Government may, by notification in the Official Gazette in respect of 2[any factory or group or class or description of factories], vary the limits laid down in clause (b), but so that no such variation shall authorise the employment of any woman between the hours of 10 p.m. and 5 a.m.; 3[(c) there shall be no change of shifts except after a weekly holiday or any other holiday.] (2)The 4[State] Government may make rules providing for the exemption from the restrictions set out in sub-section (1), to such extent and subject to such conditions as it may prescribe, of women working in fish curing or fish canning factories, where the employment of women beyond the hours specified in the said restrictions is necessary to prevent damage to, or deterioration in, any raw material. (3)The rules made under sub-section (2) shall remain in force for not more than three years at a time.  CHAPTER VII EMPLOYMENT OF YOUNG PERSONS 67 Prohibition of employment of young children.-No child who has not completed his fourteenth year shall be required or allowed to work in any factory. 68 Non-adult workers to carry tokens.- A child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory unless- (a) a certificate of fitness granted with reference to him under section 69 is in the custody of the manager of the factory, and (b) such child or adolescent carries while he is at work a token giving a reference to such certificate. 69 Certificates of fitness.- (1) A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by a manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory. (2) The certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renew- (a) a certificate of fitness to work in a factory as a child, if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards and that he is fit for such work;  (a) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young person has completed his fifteenth year, and is fit for full day's work in a factory: Provided that unless the certifying surgeon has personal knowledge of the place where the young person proposes to work and of the manufacturing process in which he will be employed, he shall not grant or renew a certificate under this sub- section until he has examined such place. (2) A certificate of fitness granted or renewed under sub-section (2)- (a) shall be valid only for a period of twelve months from the date thereof; (b) may be made subject to conditions in regard to the nature of the work in which the young person may be employed, or requiring re-examination of the young person before the expiry of the period of twelve months. (3) A certifying surgeon shall revoke any certificate granted or renewed under sub-section (2) if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory. (4) Where a certifying surgeon refuses to grant or renew a certificate or a certificate of the kind requested or revokes a certificate, he shall, if so requested by any person who could have applied for the certificate, or the renewal thereof, state his reasons in writing for so doing. (5) Where a certificate under this section, with reference to any young person is granted or renewed subject to such conditions as are referred to in clause (b) of sub-section (3), the young person shall not be required or allowed to work in any factory except in accordance with those conditions. (6) Any fee payable for a certificate under this section shall be paid by the occupier and shall not be recoverable from the young person, his parents or guardian. 70 Effect of certificate of fitness granted to adolescent.- (1) An adolescent who has been granted a certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section 69 and who while at work in a factory carries a token giving reference to the certificate, shall be deemed to be an adult for all the purposes of Chapters VI and VII; 1[***] 2[(1A) No female adolescent or male adolescent who has attained the age of seventeen years but who has been granted a certificate of fitness to work in a factory as an adult, shall be required or allowed to work in any factory except between 6 a.m. and 7 p.m.: Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories,- (i) vary the limits laid down in this sub-section so, however, that no such section shall authorise the employment of any female adolescent between 10 p.m. and 5 a.m.; (ii) grant exemption from the provisions of this sub- section in case of serious emergency where national interest is involved. (2) An adolescent who has not been granted a certificate of fitness to work in a factory as an adult under the aforesaid clause (b) shall, notwithstanding his age, be deemed to be a child for all the purposes of this Act. 71 Working hours for children.- (1) No child shall be employed or permitted to work, in any factory- (a) for more than four and a half hours in any day; 1[(b) during the night. Explanation.-For the purposes of this sub-section “night” shall mean a period of at least twelve consecutive hours which shall include the interval between 10 p.m. and 6 a.m.] (2) The period of work of all children employed in a factory shall be limited to two shifts which shall not overlap or spread over more than five hours each; and each child shall be employed in only one of the relays which shall not except with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days. (3) The provisions of section 52 shall apply also to child workers, and no exemption from the provisions of that section may be granted in respect of any child. (4) No child shall be required or allowed to work in any factory on any day on which he has already been working in another factory. 2[(5) No female child shall be required or allowed to work in any factory except between 8 a.m. and 7 p.m.] 72 Notice of periods of work for children.- (1) There shall be displayed and correctly maintained in every factory in which children are employed in accordance with the provisions of sub- section (2) of section 108 a notice of periods of work for children, showing clearly for every day the periods during 39. which children may be required or allowed to work. (2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the methods laid down for adult workers in section 61, and shall be such that children working for those periods would not be in contravention of the provisions of section 71. (3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply also to the notice required by sub-section (1) of this section. 73 Register of child workers.- (1) The manager of every factory in which children are employed shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carried on in a factory showing- (a) the name of each child worker in the factory, (b) the nature of his work, (c) the group, if any, in which he is included, (d) where his group works on shifts, the relay to which he is allotted, and (e) the number of his certificate of fitness granted under section 69. 3[(1A) No child worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of child workers.] (2) The 4[State] Government may prescribe the form of the register of child workers, manner in which it shall be maintained and the period for which it shall be preserved. 74 Hours of work to correspond with notice under section 72 and register under section 73.- No child shall be employed in any factory otherwise than in accordance with the notice of periods of work of children displayed in the factory and the entries made before hand against his name in the register of child workers of the factory. 75 Power to require medical examination.- Where an Inspector is of the opinion- (a) that any person working in a factory without a certificate of fitness is a young person, or (b) that a young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein,- he may serve on the manager of the factory a notice requiring that such person or young person, as the case may be, shall be, examined by a certifying surgeon, and such person or young person shall not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person. 76 Power to make rules.- The 1[State] Government may make rules- prescribing the forms of certificate of fitness to be granted under section 69, providing for the grant of duplicates in the event of loss of the original certificates, and fixing the fees which may be charged for such certificates and renewals thereof and such duplicates  (a) prescribing the physical standards to be attained by children and adolescents working in factories; (b) regulating the procedure of certifying surgeons under this Chapter; (c) specifying other duties which certifying surgeons may be required to perform in connection with the employment of young persons in factories and fixing the fees which may be charged for such duties and the persons by whom they shall be payable. 77 Certain other provisions of law not barred.-The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of the Employment of Children Act, 1938 (26 of 1938) 2[CHAPTER VIII ANNUAL LEAVE WITH WAGES 78 Application of Chapter.- (1) The provisions of this Chapter shall not operate to the prejudice to any right to which a worker may be entitled under any other law or under the terms of any award 3[agreement (including settlement)] or contract of service: 39. 4[Provided that if such award agreement (including settlement) or contract of service provides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the worker shall be entitled to, shall be in or contract of service: 4[Provided that if such award agreement (including settlement) or contract of service provides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the worker shall be entitled to, shall be in  accordance with such award, agreement or contract of service, but in relation to matters not provided for in such award, agreement or contract of service or matters which are provided for less favourably therein, the provisions of sections 79 to 82 so far as may be, shall apply.] (2) The provisions of this Chapter shall not apply to workers 1[in any factory] of any railway administered by the Government, who are governed by leave rules approved by the Central Government. 79 Annual leave with wages.- (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year leave with wages for a number of days calculated at the rate of- (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year; (ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year. Explanation 1.-For the purpose of this sub-section- (a) any days of lay-off, by agreement or contract or as permissible under the standing orders; (b) in the case of a female worker, maternity leave for any number of days not exceeding twenty six weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed; (d)shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days. 80 Wages during leave period.- (1) For the leave allowed to him under 1[section 78 or section 79, as the case may be], a worker 2[shall be entitled to wages] at a rate equal to the daily average of his total full time earnings for the days on which 3[he actually worked] during the month immediately proceeding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles: 4[Provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month proceeding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of foodgrains and other articles.] (2) The cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family. 81 Payment in advance in certain cases.- A worker who has been allowed leave for not less than four days in the case of adult, and five days in the case of a child shall before his leave begins, be paid the wages due for the period of the leave allowed. 82 Mode of recovery of unpaid wages.- Any sum required to be paid by an employer under this Chapter but not paid by him shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (4 of 1936). 83 Power to make rules.- The 1[State] Government may make rules directing managers of factories to keep registers containing such particulars as may be prescribed and requiring the registers to be made available for examination by Inspector. 84 Power to exempt factories.- Where the 2[State] Government is satisfied that the leave rules applicable to workers in a factory provided benefits which in its opinion are not less favourable than those for which this Chapter makes provisions if may by written order exempt the factory from all or any of the provisions of this Chapter subject to such conditions as may be specified in the order.  CHAPTER IX SPECIAL PROVISIONS 85 Power to apply the Act to certain premises.- (1) The 4[State] Government may by notification in the Official Gazette, declare that all or any of the provisions of the Act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on not withstanding that- (i) the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or (ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner: Provided that the manufacturing process is not being carried on by the owner only with the aid of his family. (2) After a place is so declared it shall be deemed to be a factory for the purpose of this Act, and the owner shall be deemed to be the occupier, and any person working therein, a worker. Explanation.-For the purposes of this section `owner' shall include a lessee or mortgagee with possession of the premises. 86 Power to exempt public institutions.- The 1[State] Government may exempt, subject to such conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education, 2[training research] or reformation, from all or any of the provisions of this Act: 87 Dangerous operations.- Where the 5[State] Government is of opinion that any 6[manufacturing process or operation] carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, poisoning or disease, it may make rules applicable to any factory or class or description of factories in which the 7[manufacturing process or operation] is carried on- (a) specifying the 8[manufacturing process or operation] and declaring it to be dangerous; (b) prohibiting or restricting the employment of women, adolescents or children in the 9[manufacturing process or operation;] (c) providing for the periodical medical examination of persons employed, or seeking to be employed, in the 10[manufacturing process or operation] and prohibiting the employment of persons not certified as fit for such employment 11[and requiring the payment by the occupier of the factory of fees for such medical examination;] (d) providing for the protection of all persons employed in the 12[manufacturing process or operation] or in the vicinity of the places where it is carried on; (e) prohibiting, restricting or controlling the use of any specified materials or process in connection with the 1[manufacturing process or operation;] 2[(f) requiring the provision of additional welfare amenities and sanitary facilities and the supply of protective equipment and clothing, and laying down the standards thereof, having regard to the dangerous nature of the manufacturing process or operation;]  87A. Power to prohibit employment on account of serious hazard.-(1) Where it appears to the Inspector that conditions in a factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed. 88 Notice of certain accidents.- 5[(1)] Where in any factory an accident occurs which causes death or which causes any bodily injury by reason of which the person injured is prevented from working for a period of forty eight hours or more immediately following the accident or which is of such nature as may be prescribed in this behalf the manager of the factory shall send notice thereof to such authorities and in such form and within such time as may be prescribed. 89 Notice of certain diseases.-(1) Where any worker in a factory contacts any disease specified in 3[the third schedule], the manager of the factory shall send a notice thereof to such authorities, and in such form and within such time, as may be prescribed. (2) If any medical practitioner attends on a person who is or has been employed in a factory and who is or is believed by the medical practitioner to be suffering from any disease specified in 4[the third schedule], the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating- (a) the name and full postal address of the patient, (b) the disease from which he believes the patient to be suffering, and (c) the name and address of the factory in which the patient is or was last employed.  90 Power to direct enquiry into cases of accident or disease.- (1) The 8[State] Government may, if it considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in the 9[third] Schedule has been or is suspected to have been contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act an assessors in such inquiry. (2) The person appointed to hold an inquiry under this section shall have all the powers of Civil Court under the Code of Civil Procedure, 1908 (V of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act, and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code (45 of 1860). (3) The person holding an inquiry under this section shall make a report to the 1[State] Government stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and adding any observations which he or any of the assessors may think fit to make. (4) The 2[State] Government may, if it thinks fit, cause to be published any report made under this section or any extracts therefrom. (5) The 3[State] Government may make rules for regulating the procedure at inquiries under this section. 91 Power to take samples.- (1) An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, taken in the manner hereinafter provided a sufficient sample of any substance used or intended to be used in the factory, such use being– (a)in the belief of the Inspector in contravention of any of the provisions of this Act or the rules made thereunder, or (b)in the opinion of the Inspector likely to cause bodily injury to, or injury to the health of workers in the factory. (c)[91A. Safety and occupational health surveys.- (1) The Chief Inspector, or the Director-General of Factory Advice Service and Labour Institutes or the Director- General or Health Services, to the Government of India, or such other officer as may be authorised in this behalf by the State Government or the Chief Inspector or the Director-General of Factory Advice Service and Labour Institutes or the Director- General of Health Services may, at any time during the normal working hours of a factory or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey. Thank You