02 minimum wages_act

The Minimum Wages Act, 1948
By
Dr Yogesh k upadhyay

Section 1:
Short title, extent and application

The Minimum wages Act, 1948
 An Act to provide for fixing minimum rates of wages in certain
employments.
 To provide for fixing minimum rates of wages in certain
employments;

The Minimum wages Act, 1948
Section 2:
Interpretation

definitions
 "child" means a person who has not completed his fourteenth year of
age.
 “Adolescent" means a person who has completed his fourteenth
year of age but has not completed his eighteenth year.
 “Adult" means a person who has completed his eighteenth year of
age .

appropriate Government
(i) in relation to any scheduled employment carried on by or under the
authority of the CG, or a railway administration], or in relation to a
mine, oilfield or major port, or any corporation established by a
Central Act, the CG, and
(ii) in relation to any other scheduled employment, the State
Government

cost of living index number
In relation to employees in any scheduled employment in respect of
which minimum rates of wages have been fixed, means the index
number ascertained and declared by the competent authority by
notification in the Official Gazette (OG) to be the cost of living index
number applicable to employees in such employment

Employer
“Employer" means any person who employs, whether directly or
through another person, or whether on behalf of himself or any other
person, one or more employees in any scheduled employment in
respect of which minimum rates of wages have been fixed under this
Act, and includes, except in subsection (3) of section 26,-
(i) in a factory where there is carried on any scheduled employment in
respect of which minimum rates of wages have been fixed under this
Act, any person named under clause (f) of sub-section (1) of section 7
of the Factories Act, 1948, as manager of the factory;

Employer
(ii) in any scheduled employment under the control of any GoI in
respect of which minimum rates of wages have been fixed, the person
or authority appointed by such Govt for the supervision and control of
employees or where no person or authority is so appointed, the HoD;
(iii) in any scheduled employment under any local authority in respect
of which minimum rates of wages have been fixed, the person
appointed by such authority for the supervision and control of
employees or where no person is so appointed, the CEO of the local
authority; for the payment of wages;

Employer
(iv) in any other case where there is carried on any scheduled
employment in respect of which minimum rates of wages have been
fixed under this Act, any person responsible to the owner for the
supervision and control of the employees or for the payment of wages;

Wages
"wages" means all remuneration, capable of being expressed in terms
of money, which would, if the terms of the contract of employment,
express or implied, were fulfilled, be payable to a person employed in
respect of his employment or of work done in such employment, and
includes house rent allowance but does n6t include
(i) the value of -
(a) any house- accommodation, supply of light, water, medical
attendance, or

Wages
(b) any other amenity or any service excluded by general or special
order of the appropriate Government;
(ii) any contribution paid by the employer to any Pension Fund or
Provident Fund or under any scheme of social insurance;
(iii) any travc1ling allowance or the value of any traveling concession;
(iv) any sum paid to the person employed to defray special expenses
entailed on him by the nature of his employment; or
(v) any gratuity payable on discharge;

Employee
Employee" means any person who is employed for hire or reward to do any work,
skilled or unskilled, manual or clerical, in a scheduled employment in respect of
which minimum rates of wages have been fixed; and includes an out-worker to
whom any articles or materials are given out by another person to be made up,
cleaned, washed, altered, ornamented, finished, repaired, adapted or otherwise
processed for sale for the purposes of the trade or business of that other person
where the process is to be carried out either in the home of the out-worker or in
some other premises not being premises under the control and management of
that other person; and also includes an employee declared to be an employee by
the appropriate Government; but does not include any member of the Armed
Forces of the Union.

The minimum wages act, 1948
Section 3
Fixing of minimum rates of wages.

Fixing of minimum wages
(1) The AG shall, in the manner hereinafter provided,-
(a) fix the minimum rates of wages payable to employees employed
in an employment specified in Part I or Part II of the Schedule
and in an employment added to either Part by notification.
Provided that the AG may, instead of fixing minimum rates of wages
under this clause for the whole State, fix such rates for a part of the
State or for any specified class or classes of such employment in the
whole State or part thereof, in respect of employees employed in
an employment specified in Part II of the Schedule,

(b) review at such intervals as it may think fit, such intervals not
exceeding 5 years, the minimum rates of wages so fixed and revise the
minimum rates, if necessary:
Provided that where for any reason AG has not reviewed the minimum
rates of wages fixed by it in respect of any scheduled employment
within any interval of 5 years, nothing contained in this clause shall be
deemed to prevent it from reviewing the minimum rates after the
expiry of the said period of five years and revising them, if necessary,
and until they are so revised the minimum rates in force immediately
before the expiry of the said period of 5 years shall continue in force.

(1A) Notwithstanding anything contained in sub-section (1), the AG may
refrain from fixing minimum rates of wages in respect of any scheduled
employment in which there are in the whole State less than 1000
employees engaged in such employment, but if at any time, the AG
comes to a finding after such inquiry as it may make or cause to be
made in this behalf that the number of employees in any scheduled
employment in respect of which it has refrained from fixing minimum
rates of wages has risen to 1000 or more, it shall fix Minimum rates of
wages payable to employees in such employment as soon as may be
after such finding.

(2) The AG may fix, -
(a) a minimum rate of wages for time work (a minimum time rate);
(b) a minimum rate of wages for piece work (a minimum piece rate);
(c) a minimum rate of remuneration to apply in the case of
employees employed on piece work for the purpose of securing to
such employees a minimum rate of wages on a time work basis (a
guaranteed time rate);

(d) a minimum rate (a time rate or a piece rate) to apply in
substitution for the minimum rate which would otherwise be
applicable, in respect of overtime work done by employees (OT rate).
(2A) Where in respect of an industrial dispute relating to the rates of
wages payable to any of the employees, any proceeding is pending
before a Tribunal or National Tribunal under the Industrial Disputes Act,
1947 or before any like authority or an award made by any Tribunal,
National Tribunal or such authority is in operation, no fixing of
Minimum Rates of Wages

(3) In fixing or revising minimum rates of wages under this section, -
(a) different minimum rates of wages may be fixed for-
(i) different scheduled employments;
(ii) different classes of work in the same scheduled employment;
(iii) adults, adolescents, children and apprentices;
(iv) different localities;

(3) (b) minimum rates of wages may be fixed by any one or more of the
following wage periods, namely:-
(i) by the hour, (ii) by the day,
(iii) by the month, or
(iv) by such other larger wage period as may be prescribed and the
manner of calculating wages for a month or for a day, as the case
may be, may be indicated
Where any wage-periods have been fixed under section 4 of the
Payment of Wages Act, 1936, minimum wages shall be fixed in
accordance therewith.

Section 4
Minimum rate of wages.

Minimum rate of wages
(1) Any minimum rate of wages fixed or revised by the AG in respect
of scheduled employments under section 3 may consist of-
(i) a basic rate of wages and a special allowance at a rate to be
adjusted, at such intervals and in such manner as the AG may
direct, to accord as nearly as practicable with the variation in
the cost of living index number applicable to such workers, or
(ii) a basic rate of wages with or without the cost of living
allowance, and the cash value of the concessions in respect of
supplies of essential commodities at concessional rates.
authorized

Minimum rate of wages.
(iii) an all-inclusive rate allowing for the basic rate, the cost of
living allowance and the cash value of the concessions, if any.
(2) The cost of living allowance and the cash value of the concessions
in respect of supplies of essential commodities at concessional rates
shall be computed by the competent authority at such intervals and
in accordance with such directions as may be specified or given by
the appropriate Government.

the minimum wages act, 1948
Section 5
Procedure for fixing and
revising minimum wages.

Procedure for fixing & revising wages.
(1) In fixing minimum rates of wages in respect of any scheduled
employment for the first time under this Act or in revising minimum
rates of wages so fixed, the appropriate Government shall either-
(a) appoint as many committees and sub-committees as it considers
necessary to hold enquiries and advise it in respect of such fixation
or revision, as the case may be, or
(b) by notification in the Official Gazette, publish its proposals for
the information of persons likely to be affected thereby and specify
a date, not less than two months from the date of the notification,
on which the proposals will be taken into consideration.

Procedure for fixing & revising wages.
(2) After considering the advice of the committee, all representations
received by it before the date, the AG shall, fix or revise the minimum
rates of wages in respect of each schedule employment by
notification. Unless such notification otherwise provides, it shall come
into force on the expiry of three months from the date of its issue.
Provided that where the AG proposes to revise the minimum rates of
wages by the mode specified in clause (b) of sub-section (1), the AG
shall consult the Advisory Board also.

the minimum act, 1948
Section - 7
Advisory Board

Advisory Board
For the purpose of co-ordinating the work of committees
and sub committees appointed under section 5 and
advising the appropriate Government generally in the
matter of fixing and revising minimum rates of wages,
the appropriate Government shall appoint an Advisory
Board.

Central Advisory Board
(1) For the purpose of advising the CG & SG in the matters of the
fixation and revision of minimum rates of wages and other matters
and for co-ordinating the work of the Advisory Boards, the CG shall
appoint a Central Advisory Board.
(2) The Central Advisory Board shall consist of persons to be nominated
by the CG representing employers and employees in the scheduled
employments, who shall be equal in number, and independent
persons not exceeding one-third of its total number of members;
one of such independent persons shall be appointed the Chairman
of the Board by the CG.

Composition of committees
Each of the committees, sub-committees and the Advisory Board shall
consist of persons to be nominated by the appropriate Government
representing employers and employees in the scheduled employments,
who shall be equal in number, and independent persons not exceeding
one-third of its total number of members; one of such independent
persons shall be appointed the Chairman by the appropriate
Government.

Correction of errors
(1) The AG may, at any time, by notification in the Official Gazette,
correct clerical or arithmetical mistakes in any order fixing or
revising minimum rates of wages under this Act, or errors arising
therein from any accidental slip or omission.
(2) Every such notification shall, as soon as may be after it is issued, be
placed before the Advisory Board for information.

Wages in kind
(1) Minimum wages payable under this Act shall be paid in cash.
(2) Where it has been the custom to pay wages wholly or partly in
kind, the AG being of the opinion that it is necessary in the
circumstances of the case may, by notification in the Official
Gazette, authorize the payment of minimum wages either wholly or
partly in kind.

Wages in kind
(3) If the appropriate Government is of the opinion that provision
should be made for the supply of essential commodities at concession
rates, the AG may, by notification in the Official Gazette, authorize
the provision of such supplies at concession rates.
(4) The cash value of wages in kind and of concession in respect of
supplies of essential commodities at concession rates authorized
under sub-sections (2) and (3) shall be estimated in the prescribed
manner.

Section 13:
Fixing hours for a normal working day, etc.

Fixing hours for a normal working day, etc
(1) In regard to any scheduled employment minimum rates of wages in
respect of which have been fixed under this Act, the AG may :
(a) fix the number of hours of work which shall constitute a normal
working day, inclusive of one or more specified intervals;
(b) provide for a day of rest in every period of seven days which shall
be allowed to all employees or to any specified class of
employees and f or the payment of remuneration in respect of
such day of rest;
(c) provide for payment for work on a day of rest at a rate not less
than the overtime rate.

(2) The provisions of sub-section (1) shall, in relation to the following
classes of employees, apply only to such extent and subject to such
conditions as may be prescribed:
(a) employees engaged on urgent work, or in any emergency which
could not have been foreseen or prevented;
(b) employees engaged in work in the nature of preparatory or
complementary work which must necessarily be carried on outside
the limits laid down for the general working in the employment
concerned;

(c) employees whose employment is essentially intermittent;
(d) employees engaged-in any work which for technical reasons has
to be completed before the duty is over;
(e) employees engaged in a work which could not be carried on
except at times dependent on the irregular action of natural forces.
(3) For the purposes of this section, an employee is essentially
intermittent when it is declared to be so by the AG on the ground that
the ' daily hours of duty of the employee, or if there be no daily hours
of duty as such for the employee, the hours of duty, normally include
periods of inaction during which the employee may be on duty but is
not called upon to display either physical activity or sustained attention

Overtime
(1) Where an employee, whose minimum rate of wages is fixed under
this Act by the hour, by the day or by such a longer wage-period as may
be prescribed, works on any day in excess of the number of hours
constituting a normal working day, the employer shall pay him for every
hour or for part of an hour so worked in excess at the overtime rate
fixed under this Act or under any law of the AG for the time being in
force, whichever is higher.
(2) Nothing in this Act shall prejudice the operation of the provisions of
section 59 Of the Factories Act, 1948 in any case where those
provisions are applicable.

the minimum wages act, 1948
Section 19
Inspectors.

Inspectors
(1) The AG may appoint Inspector with local limit of their function for
the purposes of this Act.
(2) An Inspector may, within the local limits for which he is appointed –
(a) Enter any premises with assistant for examining register, records
and notices etc. in respect of implementation of minimum wages.

Inspectors
(b) examine any person, who is an employee employed therein or an
employee to whom work is given out therein;
(c) require any person giving out-work and any out-workers, to give any
information, which is in his power to give, with respect to the names and
addresses of the persons to, for and from whom the work is given out or
received, and with respect to the payments to be made for the work;
(d) seize or take copies of such register, record of wages or notices or
portions thereof as he may consider relevant in respect of an offence
under this Act which he has reason to believe has been committed by an
employer; and

Inspectors
(e) exercise such other powers as may be prescribed.
(3) Every Inspector shall be deemed to be a public servant with in the
meaning of the Indian Penal Code, 1860.
(4) Any person required to produce any document or thing or to give any
information by an inspector, shall be deemed to be legally bound to do so
within the meaning of section 175 and section 176 of the Indian Penal
Code, 1860.

Claims
(1) The AG may appoint any Commissioner for Workmen's Compensation
or any officer of the CG exercising functions as a Labour Commissioner, or
any officer of the SG not below the rank of Labour Commissioner or any
other officer with experience as a Judge of a Civil Court or as a stipend
any Magistrate to be the Authority to hear and decide for any specified
area all claims arising out of payment of less than the minimum rates of
wages or in respect of the payment of remuneration for days of rest or
for work done on such days under clause (b) or clause (c) of sub-section
(1) of section 13 or of wages at the overtime rate under section 14 to
employees employed or paid in that area.

Claims
(2) Where an employee has any claim, the employee himself, or any legal
practitioner or any official of a registered trade union authorized in
writing to act on his behalf, or any Inspector, or any person acting with
the permission of the Authority, may apply to such Authority for a
direction under sub-section (3):
Every application shall be presented within six months from the date on
which the minimum wages or other amount became payable.
Application be admitted after six months when the applicant satisfies the
Authority that he had sufficient cause.

Claims
(3) When application is entertained, the Authority shall hear the
applicant and the employer, or give them an opportunity of being heard,
and after further inquiry, may, without prejudice to any other penalty to
which the employer may be liable under this Act, direct-
(i) in the case of a claim arising out of payment of less than the
minimum rates of wages, the payment to the employee of the amount
by which the minimum wages payable to him exceed the amount
actually paid, together with the payment of such compensation as the
Authority may think fit, not exceeding ten times the amount of such
excess

Claims
(ii) in any other case, the payment of the amount due to the employee
and compensation not exceeding ten rupees, and the Authority may
direct payment of such compensation in cases where the excess or the
amount due is paid by the employer to the employee before the
disposal of the application.
(4) If the Authority hearing any application under this section is satisfied
that it was either malicious or vexatious, it may direct that a penalty not
exceeding fifty rupees be paid to the employer by the person presenting
the application.

Claims
(5) Any amount directed to be paid under this section may be recovered
(a) if the Authority is a Magistrate, by the Authority as if it were a fine
imposed by the Authority as a Magistrate, or
(b) if the Authority is not a Magistrate, by any Magistrate to whom the
Authority makes application in this behalf, as if it were a fine imposed
by such Magistrate.
(6) Every direction of the Authority under this section shall be final

Claims
(7) Every Authority appointed under sub-section (1) shall have all the
powers of a Civil Court under the Code of Civil Procedure, 1908 for the
purpose of taking evidence and of enforcing the attendance of
witnesses and compelling the production of documents, and every
such Authority shall be deemed to be a Civil Court for all the purposes
of section 195 and Chapter XXXV of the Code of Criminal Procedure,
1898.

Penalties for certain offences
Any employer who-
(a) pays to any employee less than the minimum rates of wages fixed for
that employee or less than the amount due to him. or
(b) contravenes any rule or order made under section 13,
shall be punishable with 'Imprisonment for a term which may extend to
six months, or with fine which may extend to five hundred rupees, or
with both.
Court shall take into consideration the amount of any compensation
already awarded against the accused in other proceedings.

Power of AG
Power of AG to make rules.
(1) The AG may make rules for carrying out the purposes of this Act by
notification and subject to certain conditions.
(2) Such rules may -
(a) prescribe the term of office of the members, the procedure to be
followed in the conduct of business, the method of voting, the manner
of filling up casual vacancies in membership and the quorum necessary
for the transaction of business of the committees, sub-committees
and the Advisory Board;

Power of AG
(b) prescribe the method of summoning witnesses, production of
documents relevant to the subject-matter of the enquiry before the
committees, subcommittees and the Advisory Board;
(c) Prescribe the mode of computation of the cash value of wages in kind
and of concessions in respect of supplies of essential commodities at
concessional rates;
(d) prescribe the time and conditions of payment of, and the deductions
permissible from wages;

Power of AG
(e) For Adequate publicity to the minimum rates of wages fixed.
(f) For a day of rest in every period of seven days and for the payment of
remuneration in respect of such day,
(g) prescribe the number of hours of work which shall constitute a normal
working day;
(h) prescribe the cases and circumstances in which an employee
employed for a period of less than the requisite number of hours
constituting a normal working day shall not be entitled to receive wages
for a full normal working day;

Power of AG
(i) registers and records to be maintained with contents.
(j) issue of wage books and wage slips and prescribe the manner of
making and authenticating entries in wage books and wage slips;
(k) prescribe the powers of Inspectors for purposes of this Act;
(l) regulate the scale of costs that may be allowed in proceedings;
(m) amount of court-fees payable in respect of proceedings; and
(n) provide for any other matter which is to be or may be prescribed.

28. Hoists and lifts
(e) every gate shall be fitted with inter-locking or other efficient device
to secure that the gate cannot be opened except when the cage is at the
landing and that the cage cannot be moved unless the gate is closed.
(2) The following additional requirements shall apply to hoists and lifts
used for carrying persons and installed or reconstructed in a factory after
the commencement of this Act, namely:-
(a) where the cage is supported by rope or chain, there shall be at least
two ropes or chains separately connected with the cage and balance
weight, and each rope or chain with its attachments shall be capable of
carrying the whole weight of the cage together with its maximum load;

(b) efficient devices shall be provided and maintained capable of
supporting the cage together with its maximum load in the event of
breakage of the ropes, chains or attachments;
(c) an efficient automatic device shall be provided and maintained to
prevent the cage from over-running.
(3) The CI may permit the continued use of a hoist or lift installed in a
factory before the commencement of this Act which does not fully
comply with the provisions upon such conditions for ensuring safety as he
may think fit to impose.

(4) The 1[State] Government may, if in respect of any class or description
of hoist or lift, it is of opinion that it would be unreasonable to enforce
any requirement of sub-sections (1) and (2), by order direct that such
requirement shall not apply to such class or description of hoist or lift.
2[Explanation.- For the purposes of this section, no lifting machine or
appliance shall be deemed to be a hoist or lift unless it has a platform or
cage, the direction or movement of which is restricted by a guide or
guides.

29. Lifting machines, chains, ropes and lifting tackles
(1) Every lifting machine other than a hoist and lift and every chain, rope
and lifting tackle for the purpose of raising or lowering persons, goods or
materials:-
(a) all parts, including the working gear, whether fixed or moveable, of
every lifting machine and every chain, rope or lifting tackle shall be-
(i) of good construction, sound material and adequate strength and free
from defects;
(ii) properly maintained; and
(iii) Examined by a competent person at least once in every period of
twelve months, and a register shall be kept containing the prescribed
particulars of every such examination

(b) no lifting machine and no claim, rope or lifting tackle shall be loaded
beyond the safe working load, except for the purpose of test, which
shall be plainly marked thereon together with an identification mark
and duly entered in the prescribed register; and where this is not
practicable, a table showing the safe working loads of every kind and
size of lifting machine or, chain, rope or lifting tackle in use shall be
displayed in prominent positions on the premises;
(c) while any person is employed or working on or near the wheel track
of a travelling crane in any place where he would be liable to be
struck by the crane, effective measures shall be taken to ensure that
the crane does not approach within six meters of that place.

(2) The SG may make rules in respect of any lifting machine or any chain,
rope of lifting tackle used in factories-
(a) prescribing further requirements to be complied with in addition to
those set out in this section;
(b) providing for exemption from compliance with all or any of the
requirements of this section, where in its opinion, such compliance is
unnecessary or impracticable.

(3) A lifting machine or a chain, rope or lifting tackle shall be deemed
to have been thoroughly examined if a visual examination
supplemented by other means and by the dismantling of parts of the
gear, has been carried out as carefully as the conditions permit in order
to arrive at a reliable conclusion as to the safety of the parts
examined.

30. Revolving machinery
(1) Where process of grinding is carried on there shall be permanently
affixed to or placed near each machine in use a notice indicating the
maximum safe working peripheral speed of every grindstone or
abrasive wheel, the speed of the shaft or spindle upon which the
wheel is mounted, and the diameter of the pulley upon such shaft or
spindle necessary to secure such safe working peripheral speed.
(2) The speeds indicated in notices shall not be exceeded.
(3) Effective measures shall be taken to ensure that the safe working
peripheral speed of every revolving vessel, cage, basket, flywheel,
pulley, disc or similar appliance driven by power is not exceeded

31. Pressure plant
(1) If in any factory, any plant or machinery or any part thereof is
operated at a pressure above atmospheric pressure, effective
measures shall be taken to ensure that the safe working pressure of
such plant or machinery or part is not exceeded.
(2) The SG may make rules providing for the examination and testing of
any plant or machinery and prescribing such other safety measures
in relation thereto as may in its opinion be necessary in any factory
or class or description of factories.

31. Pressure plant
(3) The State Government may, by rules, exempt, subject to
such conditions as may be specified therein, any part of any
plant or machinery referred to in sub-section (1) from the
provisions of this section.

32. Floors, stairs and means of access
(a) all floors, steps, stairs, passages and gangways shall be of sound
construction and properly maintained and shall be kept free from
obstructions and substances likely to cause persons to slip, and where
it is necessary to ensure safety, there shall be provided with
substantial handrails;
(b) there shall be provided and maintained safe means of access to every
place at which any person is at any time required to work.
(c) When any person has to work at a height from where he is likely to
fall, provision shall be made by fencing or otherwise, to ensure the
safety of the person so working.

33. Pits, sumps, openings in floors, etc
(1) In every factory fixed vessel, sump, tank, pit or opening in
the ground or in a floor which, by reasons of its depth,
situation, construction or contents, is or may be a source of
danger, shall be either securely covered or securely fenced.
(2) The SG may exempt, subject to such conditions as may be
prescribed, any factory or class or description of factories in
respect of any vessel, sump, tank, pit or opening from
compliance with the provisions of this section , by order in
writing,.

34. Excessive weights
(1)No person shall be employed in any factory to lift, carry or
move any load so heavy as to be likely to cause him injury.
(2) The SG may make rules prescribing the maximum weights
which may be lifted, carried or moved by adult men, adult
women, adolescents and children employed in factories or in
any class or description of factories or in carrying on any
specified process.

35. Protection of eyes
In respect of any such manufacturing process carried on in any
factory as may be prescribed, being a process which involves-
(a)risk of injury to the eyes from particles or fragments thrown
off in the course of the process, or
(b) risk to the eyes by reason of exposure to excessive light,
the SG may by rules require that effective screens or
suitable goggles shall be provided for the protection of
persons employed on, or in the immediate vicinity of the
process.

36. Precautions against dangerous fumes, gases, etc
(1) No person shall be required or allowed to enter any chamber, tank,
vat, pit, pipe, flue or other confined space in any factory in which
any gas, fume, vapour or dust is likely to be present to such an
extent as to involve risk to persons being overcome thereby, unless
it is provided with a manhole of adequate size or other effective
means of egress.
(2) No person shall be required or allowed to enter any such confined
space, until all practicable measures have been taken to remove any
gas, fume, vapour or dust, which may be present so as to bring its
level within the permissible limits and to prevent any ingress of such
gas, fume, vapour or dust and unless-

36. Precautions against dangerous fumes, gases, etc
(a) a certificate in writing has been given by a competent person, based
on a test carried out by himself that the space is reasonably free
from dangerous gas, fume, vapour or dust; or
(b) such person is wearing suitable breathing apparatus and a belt
securely attached to a rope the free end of which is held by a
person outside the confined space.

36A. Precautions regarding the use of portable electric light
In any factory-
(a) no portable electric light or any other electric appliance of voltage
exceeding twenty-four volts shall be permitted for use inside any
chamber, tank, vat, pit, pipe, flue or other confined space 1[unless
adequate safety devices are provided; and
(b) if any inflammable gas, fume or dust is likely to be present in such
chamber, tank, vat, pit, pipe, flue or other confined space, no
lamp or light other than that of flame-proof construction shall be
permitted to be used therein.

37. Explosive or inflammable dust, gas, etc
(1) Where in any factory any manufacturing process produces dust,
gas, fume or vapour of such character and to such extent as to be
likely to explode on ignition, all practicable measures shall be
taken to prevent any such explosion by-
(a) effective enclosure of the plant or machinery used in the process;
(b) removal or prevention of the accumulation of such dust, gas, fume
or vapour;
(c) exclusion or effective enclosure of all possible sources of ignition.

(2) Where in any factory the plant or machinery used in a process such
as is referred to in sub-section (1) is not so constructed as to
withstand the probable pressure which such an explosion as aforesaid
would produce, all practicable measures shall be taken to restrict the
spread and effect of the explosion by the provisions in the plant or
machinery of chokes, baffles, vents or other effective appliances.
(3) Where any part of the plant or machinery in a factory 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, namely:-

(a) before the fastening of any joint of any pipe connected with the
part or the fastening of the cover of any opening into the part is
loosened, any flow of the gas or vapour into the part of any such
pipe shall be effectively stopped by a stop valve or other means;
(b) before any such fastening as aforesaid is removed, all practicable
measures shall be taken to reduce the pressure of the gas or vapour
in the part or pipe to atmospheric pressure;
(c) measures shall be taken to prevent any explosive or inflammable
gas or vapour from entering the part or pipe until the fastening has
been secured, or, as the case may be, securely replaced

(4) No plant, tank or vessel which contains or has contained any
explosive or inflammable substance shall be subjected in any factory
to any welding, brazing, soldering or cutting operation which involves
the application of heat unless adequate measures have first been
taken to remove such substance and any fumes arising therefrom or to
render such substance and fumes non-explosive or non-inflammable,
and no such substance shall be allowed to enter such plant, tank or
vessel after any such operation until the metal has cooled sufficiently
to prevent any risk of igniting the substance.

(5) The State Government may by rules exempt, subject to such
conditions as may be prescribed, any factory or class or description of
factories from compliance with all or any of the provisions of this
section.

38. Precautions in case of fire
(1) In every factory, all practicable measures shall be taken to
prevent outbreak of fire and its spread, both internally and
externally, and to provide and maintain-
(a) safe means of escape for all persons in the event of a fire, and
(b) the necessary equipment and facilities for extinguishing fire.
(2) Effective measures shall be taken to ensure that in every factory
all the workers are familiar with the means of escape in case of fire
and have been adequately trained in the routine to be followed in
such cases.

38. Precautions in case of fire
(3) The State Government may make rules, in respect of any factory
or class or description of factories, requiring the measures to be
adopted to give effect to the provisions of sub- sections (1) and (2).
(4) Notwithstanding anything contained in above, if the CI is of the
opinion that the measures provided in the factory, whether as
prescribed or not, for the purposes of clause (a) of subsection (1) or
sub-section (2), are inadequate, he may, by order in writing, require
that such additional measures as he may consider reasonable and
necessary, be provided in the factory before such date as is specified
in the order.

39. Power to require specifications of defective parts or test of stability
If it appears to the Inspector that any building or part of a building or
any part of the ways, machinery or plant in a factory is in such a
condition that it may be dangerous to human life or safety, he may
serve on 3[the occupier or manager or both]of the factory an order in
writing requiring him before a specified date-
(a) to furnish such drawings, specifications and other particulars as
may be necessary to determine whether such building, ways,
machinery or plant can be used with safety, or
(b) (b) to carry out such test in such manner as may be specified in
the order, and to inform the Inspector of the results thereof.

40. Safety of buildings and machinery
(1) If Inspector feels that any building or part of a building or any part
of the ways, machinery or plant in a factory is dangerous to human
life or safety, he may serve occupier or manager or both, an order in
writing specifying the measures to be adopted and requiring them
to be carried out before a specified date.
(2) If it appears to the Inspector that the use of any building or part of
a building or any part of the ways, machinery or plant involves
imminent danger to human life or safety, he may serve on 5[the
occupier or manager or both of the factory an order in writing
prohibiting its use until it has been properly repaired or altered.

40A. Maintenance of buildings
If it appears to the Inspector that any building or part of a building in
a factory is in such a state of disrepair as is likely to lead to
conditions detrimental to the health and welfare of the workers, he
may serve on the occupier or manager or both of the factory an order
in writing specifying the measures which in his opinion should be
taken and requiring the same to be carried out before such date as is
specified in the order.

40B. Safety Officers
(1) In every factory,-
(i) wherein one thousand or more workers are ordinarily employed, or
(ii) wherein, in the opinion of the State Government, any manufacturing
process or operation is carried on, which process or operation
involves any risk of bodily injury, poisoning or disease, or any other
hazard to health, to the persons employed in the factory, the
occupier shall, if so required by the State Government by
notification in the Official Gazette, employ such number of Safety
Officers as may be specified in that notification.
(2) The duties, qualifications and conditions of service of Safety Officers
shall be such as may be prescribed by the State Government.]

41. Power to make rule to
supplement this Chapter
The State Government may make rules requiring the provision in any
factory or in any class or description of factories of such further
3devices and measures for securing the safety of persons employed
therein as it may deem necessary.

The factories act, 1948
CHAPTER IV-A
PROVISIONS RELATING TO HAZARDOUS PROCESSES

41A. Constitution of Site Appraisal Committees
(1) The SG may appoint a Site Appraisal Committee for purposes of
advising it to consider applications for grant of permission for the
initial location of a factory involving a hazardous process or for the
expansion of any such factory, consisting of-
(a) the Chief Inspector of the State who shall be its Chairman,
(b) a representative of the Central Board for the Prevention and
Control of Water Pollution
(c) a representative of the Central Board for the Prevention and
Control of Air Pollution
(d) a representative of the State Board appointed under the Water
(Prevention and Control of Pollution) Act, 1974

(e) a representative of the State Board for the Prevention and Control
of Air Pollution under the Air (Prevention and Control of Pollution) Act,
1981
(f) a representative of the Department of Environment in the State;
(g) a representative of the Meteorological Department of the GOI;
(h) an expert in the field of occupational health; and
(i) a representative of the Town Planning Department of the State
Government,

not more than five other members who may be co-opted by the State
Government who shall be-
(i) a scientist having specialized knowledge of the hazardous process
which will be involved in the factory,
(ii) a representative of the local authority within whose jurisdiction
the factory is to be established, and
(iii) not more than three other persons as deemed fit by the State
Government.

(2) The Committee shall examine an application for the establishment
of a factory involving hazardous process and make its recommendation
to the SG within a period of ninety days of the receipt of such
application in the prescribed form.
(3) Where any process relates to a factory owned or controlled by the
Central Government or to a corporation or a company owned or
controlled by the Central Government, the State Government shall co-
opt in the Site Appraisal Committee a representative nominated by
the Central Government as a member of that Committee.

(4) The Site Appraisal Committee shall have power to call for any
information from the person making an application for the
establishment or expansion of a factory involving a hazardous process.
(5) Where the State Government has granted approval to an
application for the establishment or expansion of a factory involving
hazardous process, it shall not be necessary for an applicant to obtain
a further approval from the Central Board or the State Board
established under the Water (Prevention and Control of Pollution) Act,
1974 and the Air (Prevention and Control of Pollution) Act, 1981 .

41B. Compulsory disclosure of information
by the occupier
(1) The occupier of factory involving a hazardous process shall disclose
all information regarding dangers, including health hazards and the
measures to overcome such hazards arising from the exposure to or
handling of the materials or substances in the manufacture,
transportation, storage and other processes, to the workers
employed in the factory, the CI, the local authority within whose
jurisdiction the factory is situate and the general public.
(2) The occupier shall, at the time of registering the factory, lay down
a detailed policy with respect of the health and safety of the
workers employed therein and intimate such policy to the CI and
the local authority and general public. Revise it periodically.

by the occupier
(3) The information furnished shall include accurate information as to
the quantity, specifications and other characteristics of wastes and
the manner of their disposal.
(4) Every occupier shall, with the approval of the CI, draw up an on
site emergency plan and detailed disaster control measures for his
factory and make known to the workers employed therein and to the
general public living in the vicinity of the factory the safety measures
required to be taken in the event of an accident taking place.

by the occupier
(5) Every occupier of a factory shall,-
(a) if such factory engaged in a hazardous process on the
commencement of the Factories (Amendment) Act, 1987, within a
period of thirty days of such commencement; and
(b) if such factory proposes to engage in a hazardous process at any
time after such commencement, within a period of thirty days
before the commencement of such process, inform the Chief
Inspector of the nature and details of the process in such form and
in such manner as may be prescribed.

by the occupier
(6) Where any occupier of a factory contravenes the provisions, the
licence issued factory shall, notwithstanding any penalty to which the
occupier of factory shall be subjected to under the provisions of this
Act, be liable for cancellation.
(7) The occupier of a factory involving a hazardous process shall, with
the previous approval of the Chief Inspector, lay down measures for
the handling, usage, transportation and storage of hazardous
substances inside the factory premises and the disposal of such
substances outside the factory premises and publicize them in the
manner prescribed among the workers and the general public living in
the vicinity

41C. Specific responsibility of the occupier in relation to hazardous processes
Every occupier of a factory involving any hazardous process shall:
(a) maintain accurate and up-to-date health/Medical records of the
workers who are exposed to any chemical, toxic or any other
harmful substances which are manufactured, stored, handled or
transported and such records shall be accessible to the workers;
(b) appoint persons with qualifications and experience in handling
hazardous substances and are competent to supervise and to
provide at the working place all the necessary facilities for
protecting the workers, in doubt, decision of CI shall be final.

41C. Specific responsibility of the occupier in relation to hazardous processes
(c) provide for medical examination of every worker-
(i) before such worker is assigned to a job involving the handling
of, or working with, a hazardous substance, and
(ii) (ii) while continuing in such job, and after he has ceased to
work in such job, a interval not exceeding twelve months, in
such manner as may be prescribed.

41D. Power of Central Government to appoint Inquiry Committee
(1) CG may appoint an Inquiry Committee to inquire into the standards
of health and safety observed in the factory with a view to finding out
the causes of any failure or neglect in the adoption of any measures or
standards prescribed for the health and safety of the workers or the
general public affected, or likely to be affected, due to such failure or
neglect and for the prevention and recurrence of such extraordinary
situations in future in such factory or elsewhere.
(2) The Committee appointed shall consist of a Chairman and two
other members and the TOR of the Committee and the tenure of
office of its members shall be such as may be determined by the CG.
(3) The recommendations of the Committee shall be advisory in nature

41E. Emergency standards
(1) Where CG is satisfied that no standards of safety have been
prescribed in respect of a hazardous process or class of hazardous
processes, or where the standards so prescribed are inadequate, it
may direct the Director-General of Factory Advice Service and
Labour Institutes or any institution specialized in matters relating to
standards of safety in hazardous processes, to lay down emergency
standards for enforcement of suitable standards in respect of such
hazardous processes.
(2) Emergency standards laid down shall be enforceable and have same
effect as if they had been incorporated in the rules made under this
Act, , until they are incorporated in the rules made under this Act,

41F. Permissible limits of exposure of
chemical and toxic substances
(1) The maximum permissible threshold limits of exposure of chemical
and toxic substances in manufacturing processes (whether
hazardous or otherwise) in any factory shall be of the value
indicated in the Second Schedule.
(2) The Central Government may, at any time, for the purpose of
giving effect to any scientific proof obtained from specialised
institutions or experts in the field, by notification in the Official
Gazette, make suitable changes in the said Schedule.

41G. Workers' participation in safety management
(1) The occupier shall set up a Safety Committee consisting of equal
number of representatives of workers and management to promote
cooperation between the workers and the management in
maintaining proper safety and health at work and to review
periodically the measures taken in that behalf
Provided that the SG may exempt the occupier of any factory or
class of factories from setting up such Committee, an order.
(2) The composition of the Safety Committee, the tenure of office of
its members and their rights and duties shall be such as may be
prescribed.

41H. Right of workers to warn
about imminent danger
(1) Where the workers have reasonable apprehension that there is a
likelihood of imminent danger to their lives or health due to any
accident, they may bring the same to the notice of the occupier,
agent, manager or any other person who is in charge of the factory or
the process concerned directly or through their representatives in the
Safety Committee and bring the same to the notice of the Inspector.
(2) It shall be the duty of such occupier, agent, manager or the person
incharge of the factory or process to take immediate remedial action
if he is satisfied about the existence of such imminent danger and
send a report forthwith of the action taken to the nearest Inspector.

41H. Right of workers to warn
about imminent danger
(3) If the occupier, agent, manager or the person in charge referred
to in sub-section (2) is not satisfied about the existence of any
imminent danger as apprehended by the workers, he shall,
nevertheless, refer the matter forthwith to the nearest Inspector
whose decision on the question of the existence of such imminent
danger shall be final

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