(1) The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, send to the Chief Inspector a written notice containing—
(a) the name and situation of the factory;
(b) the name and address of the occupier;
2 [(bb) the name and address of the owner of the premises or building (including the precincts thereof) referred to in section 93;]
(c) the address to which communications relating to the factory may be sent;
(d) the nature of the manufacturing process—
(i) carried on in the factory during the last twelve months in the case of factories in existence on the date of the commencement of this Act; and
(ii) to be carried on in the factory during the next twelve months in the case of all factories;
3 [(e) the total rated horse power installed or to be installed in the factory, which shall not include the rated horse power of any separate stand-by plant;]
(f) the name of the manager of the factory for the purposes of this Act;
(g) the number of workers likely to be employed in the factory;
(h) the average number of workers per day employed during the last twelve months in the case of a factory in existence on the date of the commencement of this Act;
(i) such other particulars as may be prescribed.
(2) In respect of all establishments which come within the scope of the Act for the first time, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) within thirty days from the date of the commencement of this Act.
(3) Before a factory engaged in a manufacturing process which is ordinarily carried on for less than one hundred and eighty working days in the year resumes working, the occupier shall send a written notice to the Chief Inspector containing the particulars specified in sub-section (1) 4 [at least thirty days] before the date of the commencement of work.
(4) Whenever a new manager is appointed, the occupier shall send to the 5 [Inspector a written notice and to the Chief Inspector a copy thereof] within seven days from the date on which such person takes over charge.
(5) During any period for which no person has been designated as manager of a factory or during which the person designated does not manage the factory, any person found acting as manager, or if no such person is found, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.
1. Ins. by Act 94 of 1976, s. 4 (w.e.f. 26-10-1976).
2. Ins. by Act 25 of 1954, s. 4 (w.e.f. 7-5-1954).
3. Subs. by Act 94 of 1976, s. 5, for clause (e) (w.e.f. 26-10-1976).
4. Subs. by Act 40 of 1949, s. 3 and the Second Schedule, for “within thirty days” (w.e.f. 1-5-1949).
5. Subs. by Act 25 of 1954, s. 4, for “Chief Inspector a written notice” (w.e.f. 7-5-1954).
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CHAPTER II THE INSPECTING STAFF 1 [7A. General duties of the occupier.—(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory.
(2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include—
(a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health;
(b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
(c) the provisions of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work;
(d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks;
(e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work.
(3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed.
*7B. General duties of manufacturers, etc., as regards articles and substances for use in factories.—(1) Every person who designs, manufactures, imports or supplies any article for use in any factory, shall—
(a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used;
(b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a);
(c) take such steps as may be necessary to ensure that adequate information will be available—
(i) in connection with the use of the article in any factory;
(ii) about the use for which it is designed and tested; and
(iii) about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers:
Provided that where an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see—
(a) that the article conforms to the same standards if such article is manufactured in India, or
(b) if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards.
(2) Every person, who undertakes to design or manufacture any article for use in any factory, may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to the health or safety of the workers to which the design or article may give rise.
1. Ins. by Act 20 of 1987, s. 4 (w.e.f. 1-12-1987).
*. Ins. by s. 4, ibid. (w.e.f. 1-6-1988).
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(3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the testing, examination or research which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections.
(4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in the course of business carried on by him and to matters within his control.
(5) Where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing, manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is reasonable having regard to the terms of the undertaking.
(6) For the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the article.
Explanation.—For the purposes of this section, “article” shall include plant and machinery.]