3[(1) Where in any factory it becomes necessary to examine any part of machinery referred to in section 21, while the machinery is in motion, or as a result of such examination, to carry out-
(a) in a case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or other adjusting operation; or
(b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, while the machinery is in motion, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of his appointment, and while he is so engaged:-
(a) such worker shall not handle a belt at a moving pulley unless-
(i) the belt is not more than fifteen centimetres in width;
(ii) the pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which case a belt is not permissible);
(iii) the belt joint is either laced or flush with the belt;
1 Subs. for original proviso by Act 94 of 1976 (w.e.f. 26.10.1976).
2 Subs. for “Provincial” by Adaptn. of Laws Order, 1950.
3 Opening paragraph and Cl.(s) Subs. by Act 94 of 1976 (w.e.f. 26.10.1976) 18 The Factories Act, 1948 Sec. 23
(iv) the belt, including the joint and the pulley rim, are in good repair,
(v) there is reasonable clearance between the pulley and any fixed plant or structure;
(vi) secure foothold and, where necessary, secure handhold, are provided for the operator; and
(vii) any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person.]
(b) without prejudice to any other provision of this Act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion with which such worker otherwise be liable to come into contact, shall be securely fenced to prevent such contact.
1[(2) No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery.]
(3) The 2[State] Government may, by notification in the Official Gazette, prohibit, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts of machinery when those parts are in motion.