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REGISTERED NO. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, THURSDAY SEPTEMBER 23, 1048

PART IV

Acts of the Dominion Legislature assented to by the Governor General

GOVERNMENT OP INDIA

MINISTRY OF LAW

Now Delhi, the 23rd September, 194S

The following Acts of the Dominion Legislature receive the assent of the Governor General on the 28rd September, 1048, and are hereby published for general information: —

ACT NO. LXII OF 1048

in Act lo bring the share capital of the Reserve Bank of India into public

owe ship and to make consequential amendments in the Reserve Bank

of India Act, 1934.

WHEREAS it is expedient to bring the share capital of the Reserve Bank of India into public ownership, to make provisions with respect to the relations between the Central Government and the Bank and to make consequential amendments in the Reserve Bank of India Act 1934 (II of 1934'):

It is hereby enacted as follows ••—

1. Short title.—This Act may be called the Reserve Bonk (Transfer to Public ownership Act, 1948.

2. Definitions,-Jn this Act,—

(a) "appointed day means such day as the Central Government may, by notification in the official Gazette, appoint;

(b)) "Bank" means the Reserve Bank of India as constituted by the principal Act; and

(c) "principal acts menus the Reserve Brink of India Act 1934 (IF of 1934

3. Transfer of bank shares .--(I) On the appointed day—-

(a) all shares in the capital of the Bank shall by virtue of this Act be dee mod to be transferred free of all trusts, liabilities and encumbrances to the Central Government; and

( 287

{b) as, tull compensation theiuior, the Central Government shall issue to evury peismi why, immediately beiuie the appointed day, is registered as tho holder of uny t>uoh shareb, an amount calculated at the rate of one hundred and eighteen rupees and ton annas per share, m promissory notes of the Central Government bearing interest at the rate of threo -per centum pei annum repayable at par on such date as may be specified in this behalf by the Central Government:

1'rovided that where the amount so calculated is not an exact multiple of one hundred rupees the amount in excess of the nearest lower multiple of one hundred rupees shall bo paid by ohoque drawn on the Bank:

Provided further that in respect of any share obtained at par from the Central Government by any Director of the Bank in pursuance of sub- section (8) of section 4 of the principal Act as in force immediately before the appointed day, the said amount shall be calculated at the rate of one hundred rupees per share.

(2) Notwithstanding the transfer of shares effected by this section any shareholder who, immediately before the appointed day, is entitled to payment of dividend on the shares held by him shall be entitled to receive from the Bank—

(a) all dividends accruing due on his shares in respect of the year ending on the 80th day of June, 1948, or any preoeding year remaining un- paid on the appointed day;

(b) dividends calculated at the rate of four rupees per annum per share hi respect of the period from the 1st day of July, 1948, to tho appointed day.

4. Vacation of office by existing office bearers—On the appointed day any person who immediately before that day was holding office ns a Director of the Central Board otherwise than as Governor or Deputy Governor or as a member of a Local Board of the Bank shall vacate his office, and the Central Board and the Local Boards of the Bank shall thereafter be con&tituk-il m the manner prescribed by sections 8 and 9 of the principal Act as, amended by this

5. Interim arrangements.—Pending the constitution of the Central Board under section 8 of the principal Act as amended by this Act, the Governor of the Bank, or in his absenoe a Deputy Governor of the Bank duly nominated by him in this behalf, may, subject to such restrictions and conditions as may from time to time be imposed by the Central Government, exercise nil powers, and do all aots and things which may be exercised or done by the Bank.

6. Rule-making power—(1) The Central Government may, by notification in the official Gazette, make rules for the purpose of giving flfjject to the objoets of this Act.

(#) In particular and without prejudice to the generality of the foregoinc power, such rules may provide—,

(a) for the manner in which and the authority by which compensation shall be paid under seotion 8; and

(6) for the determination of persons to whom compensation is so pay- able.

7. Amendments to Act II of 1934.—As from the appointed day, the Beserve Bank of India Act, 1934 (II of 1984), shall be nmended in the manner directed in the Schedule to this Act.

THE SCHEDULE

(8ce section 7)

Amendment!) to the Reserve Bank of India Act, 1984.

Section 2.—In clause (d), omit "silver".

Chapter II —In the heading for "SHAEE CAPITAL" oubstitute CAPITAL".

For section 4 substitute the following, namely:—

"4. Capital of the Bank,—The capital of the Bank shall be five orores of rupees". Omit section 6.

For section 7 substitute the following, namely: —

"7. Management.—(I) The Central Government may from time to time give such directions to tho Bank as it may, after consultation with the , Governor of the Bank, consider necessary in the public interest.

{%) Subject to any such directions, the general superintendence and direction of the affairs and business of the Bank shall be entrusted to a Central Board of Directors which may exercise all powers and do all acts and things which may be exercised or done by the "Rank.

(3) Save as otherwise provided in regulations mad© by the Central Board, the Governor shall have full powers to transact all the business of the Bank which may be transacted by the Contral Board."

Section 8.— (t) for sub-section (1) substitute the following, namely: —

"(1) The Central Board shall consist of the following directors, namely: —

(a) a Governor and two Deputy Governors to bo appointed by the Central Government;

(b) four Directors to be nominated by the Central Government, one from each of the four Local Boards us constituted by section 9;

(o) six Directors to be nominated by the Central Government; and (d) one Government official to be nominated by the Central Govern- ment.'!;

(ii) for the second paragraph of sub-section (4) substitute the following, namely: —

"A Director nominated under clause (o) of sub-section (2) shall, subject to the provisions of sub-section (6), hold office for a period of four years."; [Hi) after sub-section (5), the following sub-sections shall be added, namely: — "(6) Out of the six Directors first nominated under clause (c) of sub- section (I), two shall retire at the end of one year, two at the end of two years and the last two at the end of three years, the Directors so to retire being determined by lot.

(7) A retiring Director shall be eligible for vc-tiotninution". For section 9 substitute the following, namely: —

"9. Local Boards, their constitution and functions.—(2) A Local Board shall be constituted for each of the four areas specified in the First Schedule and shall consist of five numbers to be appointed by the Central Government to represent, as far as possible, territorial and economic inter- ests and the interests of co-operntive and indigenous-bankB.

(2) The members of the Local Board shall elect from miiungst 1 hem- selves one perRon to bo tbo chairman of the Board.

(3) The members of thy Local Hoard shrill hold office for a term of four years and shall be eligible lor re-appointment.

(4) A Local Board shall advise the Central Board on such mntiers as may be generally or specifically referred to it and shall perform such duties as the Central Hoard may delegate to it."

r

Heotion 11.—•

(i) in Rub-sci'tion (/) lor "nominated or elected", substitute ''other" and omit the proviso;

(ii) for subjection (.'?) substitute the following, namely:—

"(3) A Director nominated under clause (6) or clause (c) of sub-section (1) of section R shal] cease to hold office if without leave from the Central Board he absent himself from thr?e oonseoniive meetings of the Board convened under sub-section (7) o{ section 1 3 . ";

(iv) in sub-section (5) the words "appointment" and "or election" in two places shall be omitted.

Section 12.—

(i) omit bub-section (9);

(ti) in sub-section (3), omit the words ''otherwise than by the occurrence ot a vacancy in the office of a Director elected by the f^oeal Hoard", imd th" word ''qualified", and for the word "elected" substitute the word "other";

(iit) in sub-section (4), for fhe words commencing vviih "in Ihe case of a nominated Director" and ending with the words "for the election of members of a Local Board" substitute the words "by the Central Government";

(iv) in sub-section (5), omit "or elected" and "subject to the proviso contain- ed in Bub-seotion (4)".

Omit soctions ]4, 15 and 10.

In clause (3) of section 17,—

(?) in sub-clause fa), lor the word "sterling" substitute the words "foreign exchange";

(ii) in sub-clause (b), tor the words ''the United Kingdom" substitute the words "any country ruteide India which is ti member ol the Inter- national Monetary Fund";

(Hi) omit sub-oiause (c)

Section 18.—

(j) in the ±irnt paragraph, omit the words "or, where the power?, and functions of the Central Board under this section have been dele- gated to a committee of the Central Board or to the Governor, in the opinion of such Committee or of the Governor, as the case mav b e , ";

(ii) in clause ('3) for the \v"rd "sterling" substitute the words "for- eign exchange"; and

(Hi) omit the proviso.

Section 2'i.—Afl.pr ihe voids "denominational values of" insert the wonl^ "two rupees,".

Section 33.— (i) In sub-sections (1) and (2), for the words "sterling securities" substitute $he words "foreign securities";

(ii) for sub-section (6), substitute tbn iollowing, namely .—•

"(6) Eor the purposes of thi.s ^u'hon, the foreign serutiiies whi^h may be held as part of the assets shall be securities of thd following kinds pay- able in"the currency of any foreign counlry which in a mernTjor of the International Monetary Fund, namely :•—

(a) balances at the credit <>f the Issue lJepartmont with the bank whieh is the principal currency authority of that foreign country, or, if thyre is no such biink, vviili ~im bnnk incnrpoi'MiPd in thru lomigii country;

(b) bills of exchange beiniug tw<> or iimin good signatures and drawn on snd payable at iiijy p'nor in (hat leroi^n country tmd having a maturity not exceeding ninety days; and

(o) Government securities ot ihat foreign country manuring within tivn yeaiH¹¹.

Omit aectioTi 35

Seotion H',) —Tn Biib-seei>ion (?) for the word "five" substitute the word

ytwo".

For section 47, substitute the following, namely —

"47. Allocation o! surplus profits.—After making provision for had and doubtful debts, depreoinUnn in assets, contributions Lo staff and super- annuation funds and such other contingencies as are usually provided for by bankers, the balance of the profits shall be paid to the Central Government."

Section 4R.—Oniii the proviso to sub-seelion (J) mid omit aub-seotion (S). For seotion 50 substitute the following, numeV: —

"50. Auditors.—(1) Not less than two auditors shall be appointed, and their remuneration fixed, by the Central Government.

(2) The auditors Rhall hold office for such term not execoding one year as the Central Government may fix while appointing them, and shall be eligible for re-appointment".

Section 51.—Omit the words "or such auditors as it thinks fit'",

SncT:ion fi'2.—Fn sub-section (2), omit the words "to the shareholders or", •"as the case may be" and "Any such report made to the shareholders shall be read, together wilti the report of the Central Board, fit the annual genoral meeting .

Section 53.—Omit sub-section (3). Omit sections 55 and 56. Section 57.—Omit sub-section (2).

Section 59.—In sub-section (#), omit clauses (a) to (e) inclusive.

For the First Schedule substitute, the following, namely: —

" T HE FIEST SCHEDULE.

(See section 9)

1. THE WESTERN AREA shall consist of tbe Province of Bombay, the Central Provinces and Berar, Hyderabad, Baroda, Kutch, the United State of Kathiawur (Saurashtra), Kolhapur, the United State of Gwalior, Indore und Mftlwii (Madhya Bharat), Bhopa), the Acceding States administered by the J^Joverimient of Bombay and the Acceding States administered by the G-ovem- Tnent of tbe Central Provinces and Berar.

2. .L'JIE EASTEEN AREA shall consist of West Bengal, Bihar, Onssa, Assam, the Andaman and Nicobar Islands, Manipur, Cooch Behar, Tripura, Mayurbhanj, the United State of Vindhya Pradesh, the Khasi States, th$ Acceding States administered by the Government of [Bihar and the Acceding* States administered by the Government ot Orissa.

8. THE NOETHEBN ABEA shall consist of the United Provinces, East Punjab, Delhi, Ajmer-Merwara, Panth Piploda, Kashmir, Himachal Pradesh, Patiala and the Bast Punjab States Union, Bilaspur, Tehri-Garhwal, Bampur, Banaras, the United State of Bajasthan, tho United State of Matsya, Juisahnerj Jodhpur, Bikaner, Jaipur, and the Acceding States administered by the Government of East Punjab.

4. THE SOUTHERN AEEA shall consist of the Province of Madras;, Coorg, Mysore, Cochin, Travancore, Sandur and the Acceding States administered by; tho Government of Madras."

Omit the Fourth Schedule.

ACT NO. LXJII or 1948.

An Aot to consolidate and amend the law regup&ting l'abour in, factories.

WHEREAS it is expedient k> consolidate and amend the law regulating labourt in factories;

It is hereby enacted as follows:—

OHAPTEB I

PEKLIMINAEY

1. Snort title, extent and commencement.—(2) This Aot may be called th*

Factories Act, 1948.

(8) It extends to all the Provinces of India and shall extend to such Aooedinjt States as, by their Instruments of Accession, have accepted the Bubjeot mattwr of this Aot as a matter with respect to which the Dominion Legislature may make laws for such States.

(5) It shall come into force on the 1st day of April 1949.

2. Interpretation.—In this Aot, unless there is anything repugnant^ in th" subject or context,—

(a) "adult" means a person who has completed his eighteenth year of age;

(6) "adolescent" means a person who has completed his fifteenth year of age but has not completed his eighteenth year;

age;

(o) "child" means u person who has not completed his fifteenth year of * (d) "young person" means a person who is oither a child or tin adoles- cent ;

(e) "day" means a period oi¹ twenty-four hours beginning at midnight;

(f) "week" means a period of seven days beginning RI midnight on Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories;

(g) "powor" means electrical energy, or ain other form of energy wiiioh is mechanically transmitted nnd is not generated by human or unimtiJ^ agency;

(A) "prune mover" means any engine, motor or other appliance which generates or otherwise provides power;

(j) "transmission machinery" means any shaft, wheel, drum, pulley, system of puUoys, ooupling, clutch, driving bolt or other appliance or device by which tho motion of a prime mover is transmitted to or received by any machinery or applianoe;

(/) "machinery" includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmit- ted or applied;

[k) "manufacturing process" means any process for—•

(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view bo its use, sale, transport, delivery or disposal, or

(iij pumping oil, water or sewage, or (Hi) generating, transforming or transmitting power; or

(it)) printing by letterpress, lithography, photogravure or other similar work or book-binding, which is oarried on by way of trade or tor purposes of gain, or incidentally to another business so carried on; or (v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; (D "worker" means a person employed, directly or through any agenoy, whether for wages or not, in any manufacturing prooess, or in cleaning any part of the maohinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with, the) manufacturing process, or the subject of the manufacturing prooess;

(irt) "factory" means any premises including the precincts thereof—-

(i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily HO carried on, or

(it) whereon twenty or more workers are working, or were work- ing on any day of the preceding twelve months, arid in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,—.

but does not include n mine subject to the operation of the Indian Mines Act, 19'2B (IV of 1923), or a railway running shed;

(n) "occupier" of a factory means the person who hab ultimate control over the affairs of the factory and where the snid affairs are entrusied to n managing agent, such ngent shall bt deemed to bo the occupier of the factory;

(o) "managing agent" has the meaning assigned to it in the Indian Companies Act, 1913 (VIT of 191H);

(p) "prescribed" means prescribed by rules made by the Provincial Government under this Act;

(q) "Provincial Government" includes the Government of an Acced- ing State to which ihin Act applies and nil references to n province shall be construed as references also to an Acceding State;

(r) where work of the same kind is carried out by two or more sets of workers working during different periods of the day, each of such sets ifl called a "relay" and encti of such periods is culled a "shift".

3. References to time of day.—lu this Act references to time of day are references to Indian Standard Time, being five and a halt hours ahead of Green- wich Mean THUG.

Provided that for any area in which Indian Standard Time is iiol ordinarily observed the L'rovuicial Government may make rules—

(a) specifying the area,

(b) defining the local mean time ordinarily observed therein, and (c) permitting such linn, lo be observed m alJ or any ul the factories situated in the area.

4. Power to declare departments to be separate factories.—The Provincial Government may, by order in writing, direct thut different departments or b.-ancheq of a specified factory shall be Treated as separate factories for all or any of the purposes of this Act.

6. Power to exempt during public emergency.—Ui any ease of public emer- gency the Provincial Government ni'iy, bv. Tiolihcaiion in Ju d-nuii I <_wwet,u exempt any factory or class ot teftenphuu ut lac-tones limn ail or any oi th" pro- visions of this Act for huoh period and subiecl to Mich condiuoiw as il HWN I'ink lit:

Provided that no such notiJicid ion -Jin II be mado for a period exceeding throe months at a time,

6. Approval, licensing and registration of factories.—(l) The Provincial Government may make rules—

(a) requiring thu previous peimihSion in writmy ut the Provincial G o v e r n m e nt or t he (Jhiei I n s p e c t or to be obtained foi t he siie r,n whiyb t be factory is to be s i t u a i ed ruid for the consti uction ,,y exWnsion ot MUV factory or class or description of factories;

(b) requiring for the purpose of considering -ipplicalions ha such per- mission the submission of plany and specifictitioiih •

(o) prescribing thu nature of such plans mid *{n cjjieatinim a n! by v h om they shall be certified,

(d) requiring the registration and licensing tif factories or anv fluss or description of factories, and preserving the fees payable for such registra- tion and licensing and for the renewal of licences;

(e) requiring that no licence shall be granted or renewed unless the notice specified In section 7 lias bei.n gh>n

(8) If on an application for permission referred to in clause (a) or sub- section (I) accompanied by the plans and specifications required by the rules made under clause (6) of that sub-section, son! to the Provincial Government or Chief Inspector by registered post, no order is oommuiiicaie I to the tippli- Cftnt within three months from the date on which it is so sent, the permission applied for in the said application shall be deemed to have been granted.

(3) Whore a Provincial Government or a Chief Inspector refuses tn grnnt permission to the site, construction or extension of n factory or to the registration and licensing of a factory, tho applicant mny within thirty davs of ihc d:it? of euch refusal appeal to the Central Government if the decision appealed from was of the Provincial Government and to the Provincial Government in any other case.

Explanation.—-A factory shall not be deemed to be extended within the meaning of this section by reason only of tho replacement of anv pbint or machinery, or within euch limits as may be prescribed of the uddifioti of nny plant or machinery.

7. Notice by occupier.—(I) The oieupier shall, at Last fifteen days before Jie begins to occupy or use any premises us a fuctoty, send to the Chief Inuptctor In written uotiou containing—

(a) the name and situation ui the motuiy, \b) ilx name and address ot the occupier, [C) the address to -uhioh i ou.imtmieu,tiuiih i< lulin6 tu UIL iarM

(ti) the nature ot the lininuim tunni process-—

\i) cumed on in the factory during the last twelve months in the i i-.f ot l a d i i ni h in e x i s t e n ce i>n i l in d u tc <>f -tlie c n n i u i e i i c e n i L . nl o1 U na Ai.t, and

(ii) to be carried on in the factory duiing thu next twelve months m fliL u iu

( i) t i n- n id u ii a nd q m m t i t^ at p i _ \ \ et to bi_ U H L II

(J) t he n u i iK DI t lu n i t ni i ^ tr ol t Jn a i i n iy l oi t he p n i p i s Ls ji t b i t.

Act

(tyj tliL l u i i n b ci oi w o i k i js lilu 1\ t> he t mj l<>\ed in t lu fm U J ^.

(JI) tliL a v e r f i ^L n u i n n ci oL w o i k e i^ ]ibi d i i\ ein])lo"Vf 1 d ui n ig i he la^L

t W b hi n o u t hb in t he i u se nl >i l n o t u i> i¹¹ e y i s t L i nt on t h i. ( I nk ot t in t ' in

r u e n c e u i L i it of 1hlti A u t,

\i) s u uh o t h ei p t u tu u i a ia us u i n^ be p i e ^ i n b ( _d

(X) in i c s p e ot nl a]I e s t u b l i s h n i L i i tH w n l u fi c o me - \ u t l u ii I I IL -iCupe (it t he A ct

fot i he h i st t u n e, ( he o o e u p i er ^ h i ll s e nd a \ M i t tt u i m t in to i l ie U i l et l n s p e r t or containing the particulars specified m t>ub-Hection (1) within thirty days from the date ot t he commencement of this Act

(Jj lief OIL a fnotoi\ Liigagid m " niHiiuliie¹ mmj{ pun eh^ vibioh ife o i d m a n 'y carried on for less than one huudu d and u^hl'v woikiu^ iln\c m Ihi \LIH i t s u m cs /woikmf<, the occupiLi shall send n wutten notiei. to tlu (. hiet JnspLL'ior i oiit'im- mg the p d i t u u l a is hipeufied sub MI ftiou (1) wilhin t h n t\ dins bctorp the date of the coniTfiencemoTit of work

(4) \ V h i i u \ er n new mannpei IH nppomti-d, the uui.upKi slud] send U> the C\\ui iaHpertm n wuiti u notii L v\itliin SL^eu LII\H iroin Iht date on win li "-mob person takes over charge.

{6) During any period foi w Im h no peisou lias been design ded UR nmna^er of a factory oi dming which ihe poison designated doet, not manage the lactory, any person found acting as manugei, oi u no such peison ib found, ihe oceupiet himself, shall be deemed to be the mniiflgei ot ihe fm t o i\ foi the puipoHLS of this Act 1

CHAPTER II

Tna INSPECTING STAFF

8. Inspectors.—(1) The Provincial Government may, by notification in the Official Gazette, appoint buch persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may assign to them such local hunts as it may thing lit

(v) The Provincial Government may b^ notification in Ihe Official Gnzette •appoint any person 1o be a Chief Inspector who shall, in addition to the prmns '-conferred on a Chief Tnspei toi under this Act extirise (he powers of an In- €pector ihrou^hout the Piovmre

(,3) No person shull be appointed under sub-section (I), sub-section (2) or sub-section (fij or, having been so appointed, shall continue to bold office, who is or becomes directly or indirectly interested in a factory or in any process oJ* business carried on thoroin or in any patent or machinery connected thorowith.

(4) Every District Magistrate shall be an Inspector for his district

(5) The Provincial Government nui\ also, by notification as aforesaid, appoint suoh publio officers as it thinks fit to be additional Inspectors for all oi tiny <>i the purposes nf tlrs \oi., within such local limits as it may assign to them respectively.

(6) 1 TI any nrea where there are more Inspectors than one, the Provincial Government may, by notification [is aforesaid, declare the powers whioh such Iustifctors shall respectively exercise and the Inspector to whom the prescribed notices are to be sent,

(7) Every Chief Inspector rmd Inspector shall be deemed to be a public servant within the moaning of the Indian Penal Code (XLV of 1860), and shall be officially subordinate to such authority as the Provincial Government may specify in this behalf

9. Powers of Inspectors.—Subject to any rules made in this behalf, an

Inspector may, within the local limits for which ho is appointed,-—

(a) enter, with such assistants, being persons in the service of *"h<_ Go\ ernment, or any looul or othor public authority, as ho thinks fit, any phice which is used, or which he has reason to believe is used, as a factoryj (6) make examination of the premises, plant and machinery, requlro the production of any prescribed register and any other document relating to the factory, and tako on the spot or otherwise statements of any persons which he may consider necessary for carrying out the purposes of this Ac!*' (r) ojieicki.¹ bueh other powers as may bo prescribed for carrying out the purposes of this Act:

"Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself. s 10. Certifying surgeons.—-(1) The Provincial Government may appoint qualified medical practitioners to lie eertilying surgeons for the purposes of this Act within euch local limits or for such factory or class or description of factories as it mny assign to them respectively

(2) A certifying surgeon mnv, with the . approval of the Provincial Gov- ernment, authorise any qualified medical practitioner to exercise any of his powers under this Act for such period as the certifying surgeon may specify and subject to such conditions aB the Provincial Government may think fit to impose, and references in this AM to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorised

(3) No person shall be appointed to be, or authorised to exercise tne powers^ of a certifying surgeon, or having been so appointed or authorised, continue to e\ercise such powers, who is or becomes the occupier of a factory or is or htroniep directly or indirectly interested therein or in any process or business cmied nn therein or in any patent or machinery connected therewith or is otherwise in tho emplov of the fnctory

(4) The certifying surgeon shall carry nut such duties as may be prescribed in connection with-—

(a) the examination and fortification of young persons under this Act;

(b) the examination of persons engaged in factories in such dangerous occupations or processes as may bo prescribed;

(c) the exercising of such medical supervision as may be prescribed fi>r niiy fuctor\ or clus>=. or description of factor k-h where—

(i) oases ol illness have occurred which it is reasonable to believe are due to the nature of ptho manufacturing process named on, or other conditions of work prevailing, therein,

(it) by reason of any change in the manufacturing procoss carried iin or in the substances used therein or by reason of the adoption of any new manufacturing process or of any new substanoe for UBS In a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process;

(Hi) young perRons nre, or arc about to be, employed in any work which is likely to cause injury to their health. ,

Explanation.—h\ this seet;on "qualified medical practitioner" means a person holding R qualification granted by an authority specified in flic Schedule to the Indian Medical Degrees Act, 1916 (VII of 1010), or in the Schedules to. the Indian Medicnl Council Act, 1038 (XXVTT of 1988).

CHAPTER IT!

HEALTH

11. Cleanliness.— (1) Every factory shall be kept clean and free from, effluvia arising from any drain, privy or other nuisance, and in particular—•

(a) accumulations of dirt and refuse shall be removed daily by sweeping, or by any other effective method from the floors and benches ot workrooms-- and from staircases and passages, and disposed of in a suitable manner;

(h) the floor of every workroom shall be cleaned at lenst once in every week by washing, using disinfectant, where necessary, or b\ some (thcr effective method;

(c) where a floor is liable to become wet in the course of any manu- facturing process to Much extent UH is capable of bein^ drained, effective, means of drainage shall be provided and maintained;

(d) all inside walls and partitions, all ceilings or tops of rooms and- all walls, sides and tops of passages and staircases shall —

(t) whero they arc pnintcd DL- varuishel, be repainted or rovar- nished at least once in every period of five years;

(ii) where they are painted ot varnished or where the\ have -,11 ninth impoLviouR surfaces, bo cleaned Lit least once in every period of fourteen months by such method as may be prescribed;

(lit) in any othor case, be kept whitewashed or colourwashed, and the whitewashing or colourwashing shall bo carried out at least once in every period of fourteen months: (e) the dates on which the processes required by clause (d) are "nrried out shall be entered in the prescribed register.

(9) If, in view of the nature ot the operations earned i.n in a factory, ii is not possible for the occupier to comply with all or anv of the provisions of sub-section (2), the Provincial Government may by order exempt such factory or clasa OT description of factories from any of the provisions of thnt sub-section and specify alternative rcethuds for keeping the tuctorv in ,, clean state

12. Disposal Of wastes and effluents.—(I) Effective arrangements shall be- made in every factory for the disposal of wastes and effluents due to the manu- facturing process carried on thorein.

(2) The Provincial Government ma} make rules prescribing tiie arrangements to be made under sub-section (i) ox requiring thai the arrangements made in accordance with sub-section (2) shall be approved by such authority as may be prescribed.

13. Ventilation and temperature.—(2) Effective and suitable provision shall be made in every factory for securing and maintaining m every workroom—

(a) adequate ventilation by the circulation of fresh air, and

(6) such a temperature as wiL secure to workers therein reasonable conditions of comfort and prevent injury to health;—

and in particular,—

(i) walls and roofs shall be of such material and so designed that such temperatme shall not be exceeded but kept as.low as practicable;

(ii) where the nature of the work carried on m tbe iaetorv involves, or is likely to involve, the production ot excessively high temperatures, such adequate measures as are practicab'e shall be taken to protect the workers therefrom, by separating the process which produces such tempera- tures from the workroom, by insulating the hot parts, of by other effective means.

(2) The Provincial Government may prescribe a standard of adequate vent Jation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that a thermometer shall be provided and maintained in such place and position as may be specified.

(3) H it appears to the Provincial Government that in ,iny factory or class or description of factories excessively high temperatures oan be reduced by sueh method'; as whitewashing, spraying or insulating and screening outside wall or roofs or windows, or by raising the level of the roof, or by insulating the roc* either by an air-space and double roof or by the u&e of insulating ro'_ materials, or by other methods, it may prescribe such of these or other method as shall be adopted in the factory.

14. Dust and fume.—(2) In every factory in which, by reason of the "manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent us is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quanti- ties effective measures shall be taken to prevent its inhalation and accumu- lation in any workroom, and if any exhaust appliance is necessary for this* purpose, it shall be applied as near as possible to the point of origin of _ the -dust, fume or other impurity, and such point shall be enclosed ss far as possible.

(2) In aay factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air. and no other internal com- bustion engine shall be operated in any room unless effective measures have 'been taken to prevent such accumulation of fumes therefrom as are likely to be injurious to workers employed in the room.

15. Artificial fiumidiflcation.—(2) In respect of all factories in which the Tmmidity of the air is artificially increased, the Provincial Government may inake rules,—

(a) prescribing standards of humidification; (b) regulating the methods used for artificially increasing the humi- dity of the air; '

(c) directing prescribed tests for determining the humidity of the air' to be correctly carried out and recorded;

(d) prescribing methods to be adopted for securing adequate venti- lation and cooling of the air :n the workrooms.

(") In any faetoiy m which flu hii nidit) of the air is MItihcui 11_\⁷ increased, the waitii used tor thy purpose slmll be taken horn a publie Mipj/v, or other source of drinking wafer, ov shtill lie effeefi\al\ puniied before it ih so used

(,7) It it appeals to an Irispertoi that (Tie w a kr ubed iu a factory tor in- creasing humidity which in r e t i m ed tu IIL o t k c t n ik puiifled under MHU SLI timi (M) ib not ofrVelively puntied In may s^rve on the manager ol the factory iin order iu wriimg, specifying t he measures which in his opinion should be adopted, and requiring fhejn tu In earned onl before specified dn(e

16. Overcrowding.— (1) No room in any factory shall be overcrowded to (in extent iii]iirious to th< health of tin -woilor^ employed therein

('.?) Without prejudice to (he generality of eub-section ( i ), there shall bo in every workroom of a factory in existence on tin. date of t he i_'OTnrnenci_Tnent of thm A of nr leabt thrcn h u n d r id and fifty cnbi'¹ feet and of a factor,' built after the commeneeTrient of thiR Acf at li'as-t l iv hiiiulrul enhu- 1rel 'it DUCI iw every worker employed therein, nnd for the purpoecs of thiri sub-SLetion no ncoount shall bo taken of any sptii'i whioh IH rrmre fh'in fnurtenn |Vef <"h"vo t he level of the floor of the room.

(3) If the C h ut TiiHpef. lor by order in writing BO lequiraft, there sh.il] be pouted in i nrh workiooni f>£ a factory a notice specifying the m a x i m um n u m- ber of workers who m a y, in compliance with the provisions of this section, he emploved in the loom

1 8, D r i n k i ng w a t e r . — ( 7) Tn e v e ry f a u t o rv e f f e c t !v • a r r a u p e r p e n t ^, s l i n l] I IH

made to provide arid maintain

(8) All such points shall bo legibly marked ''drinking wafer" in a language unde-rwtfiod bv a maiorily of the workers employed in the factory, and no suoh point shall be situated within twenty feet of any washing pliee, urinnl oi latrine unless a shorter distance is approved in writing- hv the Chief-Inspector

(3) In every factory wherein more than two hundred and fifty workers are ordinarily employed, provision shall be made lor oooling drinking water during hot wt'dlJinr by effective means and for distribution thereof.

(4) In respect of all factories or nny class or descriptio). of factories the Provincial Government may make rules for securing compliance with tiit. provisions of sub-sections (1), (5) and (3) and for the examination by prescribed •authorities of the supply and distribution of drinking watei in factories.

19. Lfttrlnes and urinals.—(1) In every factory—

(a) sufficient latrine and urinal accommodation of prescribed types ^hall bo provided conveniently M tun ted and accessible to workers at all times while they are at the factory;

(b) separate enclosed accommodation shall bB provided for naale and female workers;

(o) such accommodation shall be adequately lighted ana ventilated, and no latrine or urinal shall, unless specially exempted in writing by th# Ohief Inspector, communicate with any workroom except throu^ -m inter- vening open space or ventilated passage;

(d) all such accommodation shall bo maintained in a clean and sani- tary condition at all times;

(e) sweepers shall be employed whose primary duty it would be to keep olean latrines, urinals and washing places,

(#) In every factory wherein more than two hundred and fifty workers are -ordinarily employed—

(a) all latrine an? urinal accommodation shall be of prescribed sanitary types;

(b) the floors and internal walls, up to a height of three feet, of the latrines and urinals and the sanitary blooks shall be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surfaoe;

(c) without prejudice to the provisions of clauses (d) and (e) of sub- section {1), the floors, portions of the walls and blocks so luid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both.

{3) The Provincial Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further matters in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein.

20. Spittoons.—[1) In every factory there shall be. provided a sufficient num- ber of spittoons in convenient places and they shall be maintained in a clean and hygienic condition.

(2) The Provinoia) Government may make rules prescribing flu. t\f".' and the number of spittoons to be provided and their location in nny i'tictoiy and provide for such further matters relating to their maintenance in n, olean ;.ml hygienic condition.

(5) No person shall spit within the premises of a factory except m the spittoons provided fo"r the purpose and a notice containing this provision and t.ha penalty h>r its violation shall be prominently displayed at suitable •plfiri s in the premises.

(*) Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five nTpees.

OHAPTEll IV

SAI

21. Fencing of machinery.—(i) In every factory the following, namely,—

(i) every moving part oi a prime mover and every ilywheel connected to a prime mover, whether the prime mover or llywheel is in the engine house or not;

(it) the headrace and tailrace oi every water-wheel and wider turbine,

(iit) any part of a stock-bar which projects beyond the head stock of a lathe; and

(iv) unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, the following, namely,—

(a) every part of an electric generator, a motor or rotary converter;

(b) every part of transmission machinery; and (c) every dangerous jiart of any other machinery,

fljhall be securely fenced by safeguards of substantial construction which shall 6e kept in position while the parts of machinery they are fencing are in motion or in use:

Provided that for the parpinse oi determining wheinei rtn\ pare oi mui-hinery is in such position or is of such construction us to be saie as aforosmd, account shall not b& taken of any occasion when, it being neoessary to make an exami- nation of the machinery while it is in motion or, as a result of such examina- tion, to carry out any mounting or shipping of belts, lubrication or other ad- justing operation while the machinery is in motion, such examination oi operation is made or carried out in accordance with the provisions of soction 2'2,

(#) The Provincial Government may by rules prescribe such further precau- tions as it may consider necessary in reapeot of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof torn the provisions of this section.

2 2. Worlt on or near m a c h i n e ry in m o t i o n .—( 1) W h e re in a ny f a c t o ry it be- comes necessary to examine any part of machinery referred to in soction 21 while the machinery is in motion, or as a result of such examination, to curry out any mounting or shipping of belts, lubrication or other adjusting operation while the machinery is in motion, such examination ur operation shall be made or carried out only by a specially trained adult male worker wearing tight fit- ting clothing whose name has been recorded in the register prescribed in this behalf and while he is so engaged,—

(a) such worker shall not handle a belt at a moving pulley unless the belt is less t h an six inches in width and unless t he belt-joint is either laced or flush with t he belt;

(b) without prejudice to any other provision of this Act relating to the fencing of machinery, every set screw, bolt and Key on any rL'voJv'ng shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion with which such wotl^er would otherwise be liable to oome into contuet, shall be securely fenced to prevent such oontact.

[2) No woman or child fchall be allowed in any factory to clean, lubricate or adiust any part of tho machinery while that part is in motion, or to work between moving parts, or between fixed and moving parts, of any machinery which is in motion.

i-i) The I'lovincial ("rovernmunt may, by notification in the Official Gazette, prohibiL, in any specified factory or class or description ot taetunes, the clean- ing, lubrieat.ng or adjusting b^ any person ot (specified parts oi machinery when thnst.¹ parts are in motion

23. Employment of young persons on dangerous machines.—(I) No young peisun shall work at am machine io which this section applies, unless he has been fully instructed an tn 1 Vie (Lingers uiismg in rnnneetinn with the LII ii'hinr and tbu precautions to be observed ami—

(a) Tuts received Rumcli'int training in work at the machine, or (b) is under adoquEile supervision by u person wlio has a tboiougto knowledge and experience of the machine.

(2) Sub-section (I) shah apply to suob machines os mav be proscribed by the Provincial Government, being machines which in its opinion are of such a dangerous churacier Hint young persons ought not to work at them unless the fori going requirements arr cnniphed with

24. Striking gear and devices for cutting aft power—(7) Tn over\ fnetnrv-

(a) suitable Rtriking gear ot other efficient rneclianieal applianrr ^hi^l be provided and mairdained ami used to move driving belts to and froH frist and loose pulleys which form part of tin- transmission machinery and such Rear or appliances shall be so constiueted, placed and maintained nH to prevent the beH fr-om creeping back on to the fust pulley;

(b) driving belts vvhi-a u"t in URC t'ball not }>e allowed tn rest nr ridw upon shafting in motion.

(?) In every factory suitable devices for cutting off power in emergencies from running machinery shall be provided and maintained in. every work-room- Prn\ided 1hat in respect of factories in operation beforo Ihe cnrnrin'iicernent of tins Act, the provisions of this suh-ser-Tjioii shall anplv onl"v to work-rooms in which electricity is used as power

25. Self-acting machines.—No traversing part ot n self-.ictni" mnchine in iinv ftictiiry unrl no Ttmtenal curried thereon shull if the srmce over which it runt* is a space over which any person it, liable to pass, whether in the course of Tiis employment f .itherwise, be allowed to run on its, ouU\ard or inward trnverse within a d i s t a nt of 'ciciifceerr inches from any fixed structure which is not part of the machine.

Providod that the Chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of thib section on such condiLions for ensuring safety as ho may think fit to impose.

26. Casing of new machinery.—(1) In all machinery driven by power and in- stalled in any factory after the commencement of this Act,—

(a) every set screw, bolt or key on any revolving shaft, spindle, whetJ or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent, danger;

(b) nil spur, worm and other toothed or friction gearing which doos not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased.

(2) "Whoever sells or lets on hire or, ns ngont of a seller or hirer, causes or procures to be sold or let on hire for use in n factory any machinery driven by power which does not comply with the provisions of sub-section (/), shall be punishable with imprisonment for a term which may oxtend to three months nt with fino which may extend to five hundred rupees or with both.

(S) The Provincial Government may make rules applying the provisions of this section to any particular machine or class or description of machines and specifying the typeH of safeguards to be provided thereon.

27. Prohibition of employment of women and ohlldren near cotton-openers.— No woman or child bhall hn employed in any purt of a factory for prewsing cotton in which a cotton-opener is ut work :

Provided that if thy feed-end of u cotton-opener i<- in a 100m sepnra-ted irom the delivery end by a partition extending to the roof oi¹ to such height a& the Inspector mfty in nny particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated.

28. HoiBtS and lifts.—(7) In every factory—

ia) every hoist and lift shall be—

(i) of pood mechanical construction, ,numl mctenul and adequate strength;

(ii) pioporly maintained, and shall be thoroughly examined by ft competent person at least once in every period of six months, and a. register shall be kept containing the prescribed particulars of every such examination ;

(b) every hoistway and liftwny shall be sufficiently protected by an en- ' Insure fitted with gnten, and the hoist ov lift and every such enclosure shall lie rio constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part; (<•) the maximum safe woikiug load shall he plainly marked on every !>oisl or litt, and no load gtentev than Mich loud shall be cnni'cd (liereon;

(d) the cage of every hoist or lift used for rairyiug persons shall be tit ted with a gate on each side from which access is afforded to n landing,

(t) every pate referred to m elnu.se (/J) or r-lnu^e (

(?) The following additional requirements shall apply to hoists and lifts used for .carrying persons and installed or reconstructed in a factory after the com- mencement of this Act, namely: —

(

(b) efficient devices shall be provided nnd maintained capable of sup- porting the cage together with its maximum load in the e\eut 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 Chief- Inspector may permit the continued use ol a hoist or lift in- stalled in n factory before the commencement of this A.cfc which doca not fully "omplv with thu piovisons of subsection (7, upon such conditions for en- suring sitfetv as h0 may think fit to impose,

'') The Provincial Government may, if in respect of any clam Or description of hoist or lift, it is of opinion that it would be unieaaonablH to enforce any re- quirement of sub-sections (7) and (i?\ by order direct that such requiiemems snan nor apply to such class or description of hoist oivlift.

att. oranea and other lifting maoninory.—(I) The following provisions shah appij m respect of cranes and all other lifting machinery (other than mints ano lifts) in any factory, namely:—

(a) every part thereof, including tho working gear, whether fixed or movable, ropes and chains and anchoring and fixing nppliances shall be— (j) of good construction, sound material and adequate strength,— (ii) properly maintained, and shall bo thoroughly examined by a com- petent person at least once in every period of fcwonlve months, and a regis- ter shull be kept containing the prescribed particulars of every finch ex- amination;

(6) no such machinery sha'l be loaded beyond the safe working load which shall be plainly inscribed tnereon;

(o) wbilo any person is employed or working on or near the whefil crack or a travelling crane m uny place where he would be liable fa) be sirnctv by the crane, oftcoiive measures shalj be taken to ensure that" Hie cnitit does not approaoh withm twenty feet of thai, place.

(V) The .Frovmoial (-rnvornment may rnako ruleR in respect of nny hFtnip machinery or class or description ot lifting machinery in factories—

[a) prescribing requirements to be complied with in addition 1o those set out in this section;

(/)) exempting from compliance with all or tiny of tho requirement* if this section, where in its opinion such compliance is unnecessary or impi'HC iicable.

30., Revolving machinery.—(1) In every room in a factory in which the pict- cqss of grinding in carried on there shall be permanently affixed to or placed near each maohino in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the bhail, or spindle upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to securo such safe working peripheral speed

(2) The speeds indicated in notices under sub-section (7) shall not be e\- ceeded.

(3) Effective measures shall be taken in every factory 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 part of the plant or machinery used in a manufacturing process is operated at a pressure above atmospheric pressure effective measures shall be taken to ensure that the safe working pres- sure of such part is not exceeded.

(2) The Provincial Government may make rules providing for tbo examina- tion and testing of any plant or machinery such as is referred to in aub-seoiion (i) and prescribing such other safety measures in relation thereto as may in its- opinion be necessary in any factory or class or deRcription of factories

32. Floors, stairs, and means of access.—In every factory—

(a) all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained, and wbero it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with sub- stantial handrails;

(b) there shall, so far ae is reasonably practicable, be provided and' maintained safe means of access to every place at which: any person is a* any time required to work.

83. Pits, sumps, openings In floors, etc.—In every factory every fixed vossol, (,;imp, tank, pit or opening in the ground or in a floor which, by reason of its depth, Bituation, construction or contents, is or may be a- source of danger, shall be either securely covered or securely fenced

(2) The Provincial Government ina.v, by order in writing, exempt, subject lo such conditions as uiay be proscribed, tiny factory or class or description of fac- tories in rospect of any vessel, sump, tank, pit or open:ng fiom compliance with the provisions of this section.

34. Excessive weights.—(1) No person shall be employed in any factory to lilt, earrv or move any load so heavy as to be likely to cause him iniuiv.

12) The lJro\mcial Government inti-\ make rules lii-esfnbint; the maximum weights which may be lifted, earned or moved by nduli men, adult women, adolescents and children employed in factories or m ;m\ class or description of factotie^ or in carrying on any specified process

35. Protection of eyes.—In respect ol nii,\ yuch manufacturing process car- ried on in any factory as may he prescribed, hemp a process which involves—

(a) risk of injury to the eyes from particles or fragments thrown off ui the course of the process, or

tb) risk to the eyes bv reason of exposure to excessive light,— t h' Provincial Government may by rules require thnt effective screens or suit- ubli¹ ^ogyleH slwill be provided for the protection of persons employed on, or ui the immediate vicinity of, the process.

36. Precautions against dangerous lumes,—(i) In any factory no person shall enter or be permitted to enter any chamber, tank, vat, pit, pipe, ilue or other confined space in which dangerous fumes are likely to be present to such HJI extent as to involve risk of persons being overcome thereby, unless it is pro- vided with a manhole of adequate size or other effective means of egress

(2) "NTo porrublo electric light of voltage exceeding twenty-tour volts shall be permitted m any factory for use inside any confined space such as is referred to in sub-section (l), and where the fumes present are likely to be inflammable, no lamp or light other than of flame-proof construction shall be permitted to be* used in such confined spaco.

(3) No person in any factory shall enter or be permitted to enter any confined space such as is referred to in sub-section (7) until all practicable measures have been taken to remove any fumes which may be present and to prevent, nnv ingress of fumeH and unless either—

(a) a certificate in writing has been given by a competent person, bnsed nn a test carried out by himself, that the space ia free from dangerous fumes and fit for persons to enter, or

(b) the worker is wearing suitable breathing apparatus and a belt securely attached to a rope, the free end of which ;s held by a person standing outside the confined space.

(4) Suitable breathing apparatus, reviving apparatus and belta and ropes shall in every factory be kept ready for instant use beside any such confined space as aforesaid which any person has entered, and all such apparatus shall be periodically examined and certified by a competent person to be fit for use; and a sufficient, number of persons employed in every factory shall be trained And practised in the use of all such apparatus nnd in the method of restoring respiration.

(6) No portion shall be permitted to enter in any factory any boiler furnace, boiler flue, chamber tank, vat, pipe or other confined space for the purpose of working or making any examination therein until it nan boen sufficiently cooled by ventilation or otherwise to be sa£e for persons to enter.

(6) The Provincial Government may make rules prescribing the minimum dimensions of the manholes referred to in sub-section (2), Had may by order in writing exempt, subject to such conditions as it may think tit to impose, any Eaotory or clans or description of factories from compliance w.th UJ.'T uf thi_- pro- visions of this section.

37. Explosive or inflammable duat, gas, etc.—(7) Where in any factory any manufacturing process producer dust, gas, fume or vipour of sucii 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 nged ITI the pioccss,

(L) removal or prevention of the accumulation of such clusst ^as, iume or vapour;

(c) exclusion or effective enclosure of all pofis blc sources of ignition.

(i)) Where in any factory tbe plnnt or rnaehnery used in a process such as 3 referred to in sub-section {1) is not so constructed us to withstand ihe proba- >le pressure which such tin exploR'on tie flforestiid would produce, nil practicable leasuree shall be hiken to restrict the sprend and effects of the explosion b.v the provision in the plant or maehhieiy of chokes, haffles.. vents or otlie; efl'eciive appliances.

(#) Wliere any part of the plant or ltmehMi-r" i"- i facfot \ contains any ex- plosive or inflammable :

(a) before the fastening of am joint of any pipe connected \s itli the part or the fastening of the cover of any opening into the part is ]on"ened, any flow of the gas or vapour into the part or any gueh 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 vapoiy in the part or pipe to atmospheric pressure;

(r) where any Hueh fastening as aforesaid has been loosened or remov- ed effective measures shall be taken to prevent any explosive or inflam- mable pas or vapour froir. entering the part or pipe until the fastening lias been secured, or, as the cane may be, securely replaced:

1'rovided thaL the provisions of this sub-section shnll not apply in th? case f plant or Tiinohiimr\ installed in the upcn nil¹

38. Precaution* In caae oj fire.---(2) Every factory shall bo provided with such ineann of escape in CJISH of Jiiv as nmy be prescribed, and if it appears to Hie Inspector that any factory is not so provided, he may serve on the manager of the factory an order in writing specifying the measures which, in h^s opinion should be adopted to bring the factory into conformity with the provisions of this section nnd any rules made thereunder, and requiring them to be carried out before a date specified in the order.

(?) "hi every factory (he doors affording exit from an;v room shall not be lock- ed fit- fastened so that they cannot be easily and immediately opened from the inside while nn\ person is within the room, and all Ruch doors, unless they are of the gliding type, shall be constructed to open outwards.

(.9) In every factory, every window, door or other exit affording a means of escape in case of fire, other than the means of exit in ordinary use, shall be distinctively marked in a language understood by the majority of the workers and iii red letters of adequate size ov by some other effective and clearly under- stood sign.

(J) There shall be provided in every factory effective and clearly audible means >>1 giving warning in case of fire to every person employed in the factory. (•'/) A free passage-way giving access to each means of escape in case of fire Rhiill be maintained for the use of all workers in every room of n factory.

(til Effective¹ measures shall be taken to ensure that in every factory--

(a) wherein more t.hfin twenty workers are ordinarily employed in any p)nee above the ground floor, or

(/>) wherein explosive or highly inflammable materials are used or stored,

all ihe workers are funiilinr with the mentis of escape in case, of Tire ai'd hnv been adequately trained in the routine to be followed in such case.

(7) The Provincial Government tnav make rules prescribing, in respect, i uny factory or class or description of factories, the means of escape to be prc vided in case of fire nnd the nnturo and amount of fire-nghting apparatus io bi. provided and maintained,

39. Power to require apeoiflcationa of defective parts or testa of stability.— If it appears to the Inspector that any building or part of a building or any part, of flu- wins, machinery or pUmt in a factory is in such a condition that it may h2 fl.mgetou-, to human life or bufety, he may serve on the manager of the fac- tory an order in writing requiring him before a specified dato

(") to furnish such drawings, specifications and other particulars us may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or

(b) to carry out such tests in such manner as may be specified in the order, nnd to inform tin- I n t e r im of the results thereof

40. Safety of buildings and raachiEery —(!•> If it appears to the Tnspeotor that any building or part of a building or any part of tl>- wa\b, machinery or plant m a factory is iti such a condition that it is dangerous to human life or safety, he may serve un the manager of the factory an order in writing specify- ing thy measures which in hit. opinion should be adopted, and requiring them to be carried out before a specified date,

(2) If it appears to the Inspector that the use of •inj building or part of. a building or any part of the ways, machinery or plant in a factory involves im mjnent danger to human life or safety, he may serve on the manager of the fac tory an order in writing prohibiting its use until it has been properly repaired or altered.

41. Power to make ruies to supplement this Chapter.—The Provincial Gov- ernment may mulct; rules requiring the provision in any factory or in any class or description oi faotories of such further devices for securing the safety of persons employed therein us it may deem necessary.

CHAPTER V

WELFABL

42. Washing facilities.—{1) In every factory—

(rt) adequate and suitalilo facilities for washing shall be provided ^nd maintained for the use of the workers therein ;

(h) separate and adequately screened iac lities shnll be provided for the use of male and female workerti;

(c) suoh facilities shall be eo.ivenientlv accessible :ind shall be kept clean.

(£) The Provincial Government may, in respect of any factory or class or description of factories or of any liinnufacturint; process, prescribe standards of adequate and suitable facilities for washing

43. facilities for storing and drying clothing.—The Provincial Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of Mutable places for keeping clothing not worn during working hours and for the drying of wet clothing.

• 4 4. F a c i l i t i es l or s i t t i n g . — ( 2) ID e v e ry f a c t o ry s u i t a b le a r r a n g e m e n ts f or

sitting shall be provided and maintained for nil workers obliged to work in n standing position, in ordor thflt they mny talce advantage of anv opportunities for rest which may occur in the course of their work.

(3) 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 Iti writing, require the occupier of the factory to provide before a specified dnte Buch seating arrangements "R may be practicable tor nil workers Ho engaged or working..

(3) The Provincial 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 speoifiei manufacturing process.

45. First-aid appliances.—(1) There shall in every factory be provided and maintained so oa to be readily accessible during all working hours first-aid boxes * cupboards equipped with the prescribed contents, aDd the number.of such toxes or cupboards to be provided and maintained shall not be leas than one for very one hundred and fifty workers ordinarily employed in the factory.

(3) Nothing except the prescribed contents shall be kept in the boxen and cupboards referred to m sub-section (1), and all mich boxes and cupboards shall be kept in the charge of a responsible person who is trained in first-aid treat- ment and who shall always be available during the working hours of the factory. (3) In every factory wherein more than five hundred workers are employed there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the chaTge of such medical and nursing staff as many be prescribed.

46. Canteens.—(i) The Provincial 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 main- tained by the occupier fo" the use of the workers.

(#) Without prejudicetothe generality of the foregoing power, such rulea may provide for—

(a) the date by which such canteen shall be provided; (61 the standards in respect of construction, accommodation, fumituiw and other equipment of the canteen;

(c) the foodstuffs to bo served therein mid the charges which may be made therefor;

(ii) the constitution of a managing committee for the canteen and representation of the workors in the management of the canteen;

(e) the delegation to the Chief Inspector, subject to such conditions as may be prescribed, of the power to make rulea under clause (o).

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 £• suitable lunch room, with provision for drinking water, where workers can oat meals brought by them, shall be provided and maintained for the use of the workers:

Provided that any canteen maintained in accordance with the provision!) of •section 46 shall be regarded as part of the requirements of this SuD-aeotion:

Provided further that where a lunch room exists no worker shall enl any food iD the work room.

(2) The shelters or rest rooms or lunoh rooms to be provided under sub- "er-tion (i) shall be Ruffieiently lighted and ventilated and shall be maintnined in t\ fool and clean condition.

(3) The Provincial Government may—

(a) prescribe the standards in respect of construction, accommodation, iurniture and other equipment of shelters, rent rooms and lunch rooms to be providpd under thie section;

(b) by notification in the official Gazette, exempt any factory or class or description of factories from the requirements of this section.

48. Oreches.—(i) Jn every factory wherein more than fifty women workers are ordinarily employed there shall be provided and maintained a suitable room • or r o o ms f or t he u se of c h i l d r en u n d er t he a ge of s ix y e a rs GI s u oh w o m e n.

(#) Such rooms shall provide adequate accommodation, shall be adequately Ugbted and ventilated, shall be maintained in a clean and sanitary condition and ehall be under the oharge of women trained in the oare of children and infants.

(3) The Provincial Government may make rules-—

(a) prescribing the location and the standards in respect of construe • tion, accommodation, furniture and other equipment of rooms to be provid- ed under this section;

(b) requiring the provision in factories to which this section applies of additional facilities for the care of children belongingtowomen workers, including suitable provision of facilities for washing and changing their clothing;

(o) requiring the provision in any factory of free milk or refreshment of both for such children;

(J) requiring that facilities shall be given in any factory for the mothers ot 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 a" may be prescribed.

(0) The Provincial Government may prescribe the duties, qualifications And conditions of service of officers employed under sub-section (1).

SO. Power to make rulee to Buppiement this Chapter,—The Provincial Gov- ernment may make rules—

(a) exempting, subject to compliance with such alternative arrange- ments 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;

(b) requiring in any factory or class or description of factories that representatives of the workers employed in the factory shall be as-soeiftted with the inanajfomral of the welfare arrangements of the workers.

CHAPTER VI

WORKING HOUHB OF ADULTS

61. Weekly hours.—No adult worker ahull he required or allowed to work hi a factory for more than foity-eight hours in any woek.

62. Weekly holidays, --(i) No ndult worker ahull be required or allowed to work in (i factory on the first day of the week (hereinafter inferred to as the (nid A"\), unions—

(a) he has or will have a holiday for a whole day on cue r>f the three iuvH iminediatoly before or after the Raid day, mid

(b) the manager of the factory has, beforo the said day or the substi- tuted day under clause (a), whichever ia earlier,—*

(() delivered a notice at the office of the Inspector of his intention to require the worker to work on the Haid day and of the day which is to be substituted, and

(it) 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 thim ten days consecutively without a holiday for a whole day. (2) Notices given under sub-section (1) may be cancelled bir a notice deliver- ed ut the office of the Inspector and a notice displayed in Ihe factory not later than the day before the Raid day or the holiday to be cancelled, whichever is earlier.

(3) Where, in accordance with the provisions of sub-seciion (7), any worker works on the said day and has had a holiday on one of the threo days im- mediately before it, that said day -thall, for the purpose of calculating •his weekly hours of work, be included in the preceding week.

63. Compensatory holidays.—(/) 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 tha workers therein from the provisions of section 62, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (2) of that section, he shall be allowed, within the month in which the hoIidayB were due to him or within the two months immediately following that month, compensa- tory holidays of equal number to the holidays so lost.

(2) Tho Provincial Government may prescribe the manner in which th" holidays for which provision is made in sub-section (I) shall be allowed.

64. Dally 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 hourR in any day.

56. Intervals for re"t.—The period of adult workeih in a factory ewh day shall be so fixed thai no period shall exceed five hours and that no worker shall work for more thrm five hours befot'e lie has hud an interval for rest o,f nt. lea?t half an hour.

66. Spreadovei.—The periods of work of an adult worker in a factory hhall be so arranged that inclusive <>l his intervals tor rust undoi section 35, they shall not spread over more than ton and a hnlf hours in any d ay

Provided that the Chief Inspector may, for rensonst to be specified m writing, ineteube, the spreadover to twelve hours.

67. Night Shifts.—Where ft worker in u history works on a shift wlnoh extends beyond midnight,—

(a) for the purposes of sections .32 and 53, a holiday for a whole day thall 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 hruis he has worked after midnight shall be counted iri the previous day.

58. Prohibition of overlapping shifts.—(J) Work ahull not be carried on in any factory by means of a system of shifts so arranged that more than one relny ot workers ib engaged in work of the same kind at the same time.

(f) The Provincial Government may, subject to such conditions as may be prescribed, mnkft ruleb exempting any t,ietor\ nr e'n^s m description ot factories Ivom the provisions of bub-section (1).

59. Extra wages for overtime.—(I) Whore a worker works in a factory for wore than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to w iif>cs nf the rate of twice his ordinary rate of wages.

(,'J) Whfie air) workers in IL iuctoty ttre paid on u piece rate basis, tlnj l'm"\in- cial Government, in consultation with the employer concerned, and the tepre- suntacwus, ul the workers shall, for the purposes o| this section, fix time mtes- Hh nearly H-M pussililu equivalent to the average i ate nf earnings ot thos i workers, ami the rates w fixed-fchal] be deemed to be the ordinary rates of wages of those workers

(3) l(¹or the purposes of this section, "onlimuy late of wugeR" menus the basic wages plus such allowances, including the cash equivalent ot the advantage accruing through the concessional sale to workers of ioodgruinu and hther articles, ae ftie worker is for the time being entitled to, but does not include n ImniN

(4) The Provincial Government may prescribe the registers that shall be maintained in a factor} tor the purpose of securing compliance with the provi- sions of this section.

80. Restriction on double employment,— No adult worker shall be required or allowed to work in any factory on any dn> on which he has already been working In any other factorj, save in such circuinsinncHs UK mny he prescribed.

81. Notice of periods of work for adults.—(7) There shall be displayed and oorrectly 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.

(3) Where all the aduH workers in a factory are required to work during the same periods, the manager of the factory shall fix those periods 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 claHsify them into groups according to the nature ol their work indicating the number of workers in e"ch group.

{3) For each group which iB not required to work on a system of shifts, the manager of the factory shut] fix the periods during which the group may be required to work

(fi) Whei'H any gi<->uj_> ^ requhed to work on a system of shifts find the relays Eire not to be subject to predetermined periodical changes of shifts, the manager of the factory shall fix the periods during which each relay of the group may be required to wo/k

(7) Where any group is to work on a system of shifts and the relays are to be su'tject to predetermined periodical changes of shifts, the manager of the factory shall drftw up a scheme of shifts whereunder the periods during which any reluv of the group may be required to work and the relay which will be working at any time of the day shall be known for tuiy day.

(5) The Provincial Government may prescribe forms of the notice required by sub flection (1) and the manner in which it shtill be maintained.

(9) In the case of a factory beginning work after the commencement of this Act, a copy ot the notice referred to in sub-section (J) shall be sent in duplicate to the Inspector before the day on which work is begun in the factory.

(10) Any proposed change in the system o£ work in any factory which will necessitate n change in the notice referred to in sub-section (2) shall be notified to the Inspector in duplicate befor0 the change is made, and except with tho previous sanction of the Inspector, no such change shu¹! be made until one week has elopned since the last change.

82. Register of adult workers—(J) The manager of every factory anall maintain a register of adult workers, to he available to the Inspector at till Limes during working hours, or when any work is being curried on in the factory, showing—

(a) the name of each adult worker in the factory;

(b) the nature of his work; (o) the group, if any, in which he in included; (d) where his group works on shifts, the relay to which he is allotted:

(e) such other particulars as may be prescribed:

Pj-ovided that, if the Inspector ia of opinion that any muster roll oi register maintained as part of the routine of a factory gives in respect of any or all the workers in the factory the particulars required under this section, he may, by order in writing, direct that such muster roll or register shall to the correspond- ing extent be maintained in p^ce of, and be treated as, the register of adult workers in that factory.

(0) The Provincial Government mny prescribe the form of the register of adult workers, the manner in which it shall be maintained and the period for which it shall be preserved.

63. Hours of work to correspond with notice under section 81 and regldtw under'section 62.—,No adult worker shall be required or allowed to work in any factory otherwise than in accordance with th0 notice of periods of work for adults displayed in the factory and the entriee mode beforehand against his name in the register of adult workers of the factory.

64. Power to make tempting roles.—(2) The Provincial Government may make rules defining the persons who hold positions of supervis'on or manage- ment or are employed in a confidential position in a factory, and the provisions ot this Chapter, other than the provisions of clause (I)) of sub-section (I) of sec- tion 66 and of the proviso to that sub-section, shall not apply to any person so defined.

(#) The Provincial Government may make rules in reBpect of adult markers in factories providing for the exemption, to such extent and subject to such conditions as may be prescribed—

(a) of workers engaged on urgent repairs, from the provisions of sec- lions Si, 52, 54, 55 and 56;

(b) of workers engaged in work in the nature of preparatory or comple- luijntary work which must necessarily be carried on outside the limits laid down for the general working of the factoiy, from the provisions of sections 51, 54, f>5 and 56;

{c) of workers engaged in work which is necessarily BO intermittent Hint the inU-rvivlft during which they do not work while on duty ordinarily amount to more than the intervals for rest required by or under section 55, from the provisions of sections 51, 54, 55 and 50;

((/) of worker*) engaged in any work which for technical ruaisom must l"e carried on continuously throughout the day, from the provisions of sec- lions 61, 52, 54. 65 and 56;

(e) of workers engaged in making or supplying articles of prime neoes sity which must be made or supplied every day, from the provis'ona of sec- *.ioi> 52;

(/) of workers engaged in a manufacturing process which cannot be vanned on except during fixed seasons from the pr-:

(g) of workers engaged in a manufacturing process which cannot be -•arried on except at tiineB dependent on the irregular action of natural forces, from the provisions of nectiouH 52 aid 55;

(h) of workers engaged in engine-rooms or boiler-housee or in attending to power-plant or transmission machinery, fi"oni the provisions of section 52. (

(4) Iz. making rules under this section, the Provincial (iovemineul s,htill not exceed, except in respect of exemption under clause (a) ot sub-section (2), it he following limits of work inclusive ol overtime-—

(() the totn' number ol hum--, of work in am dii\ sinII not exceed tun (ii) the totul numbei of hours oi u\ertime work shall not exceed fifty

|Vii any tint- quarter;

Explanation.—"Quarter" liK-au^ a period ot thite mn^futive- months beginning on the 1st of January, the 1st of Apiil, thf 1st ol ,luh or I he "Iw*- of October;

(Hi) the apreadnvor inclusive ot intevials for rc"t t>hall not exceed twelve hoars in any one day:

Provided that, subject to the previous upproval of tho Chief Inspeotor, the daily maximum specified in section 54 may be exceeded in oHer to taciVitate the chnnjf© of shifts

(5) llulcs made under this section shufl remain in force Eoi not more than thiee years.

ft6. Power to make exempting orders.—(j) Where the Provincial Govern- ment is satMcd that, owing to the nature of the work carried on or to other circumetanous, 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 beforehand, it ma\, 1>> written order, relax or modify the provisions of aection 0] in respect of such workers therein, to such extent and in iuch manner as 1% may think fit, and subject to such conditions as it may deem expedient to en- sure coiitiul ovur periods of work.

(J?) The Provincial Government or, subject to the control of the Provincial Government, the Chief Inspector, may by written order exempt, on such condi- tions as it or he may deem expedient, any or all of the adult workers in any iaotory or group or class or description of factories from any or all of the provi- sions of sections 51, 52, 54 uud 56 on the ground thai the exemption in required to enable the factory or factories to deal with an exceptional press of • w o rk

•

J

(3) Any exemption given undev sub-section (2) in respect of weekly hours of work shall be subject to the maximum limits prescribed under sub-section (4} ol section 64.

(j4) No factory shall be exempted under sub-flection (2) for n period or periods breeding in the aggregate throe months in any year.

66. F u r t h er restrictions on e m p l o y m e nt of w o m e n . —( J) T he p r o v . u o i i' of thin Chapter shall, in their application to Momen in iaetorien, be supplemented by the following further iet>1rietions, namely:—

(a) no exemption from the provisions of section 54 may be granted in respect of any woman;

(/)) no (iiimnn ihull be employed in an\ factory e\eep< between the hours of 6 A.M. and 7 P.M, :

1 Voided that the Pio\ inciiil Government mu\, 1>J notification in the official Gazettrt. in respect of any class or description of factories, vary tbe limits laid down in clause (b), but so that no HIICII variation shrill authorise I he em- ployment of any woman between the hours of 10 P M. and 5 A.M.

(S) The Provincial Government may make rules providing for the exemption from the restrictions set out in sub-section (1), to such extent and subject to- 8ucli I'onditionH iis it rnnv yirescribe, of women v\orking in fish-curing or fish- cannini; factories, where the employment of women beyond the hours specified in thu said restrictions is necessary to prevent damage to, or deterioration in, any row material.

(3) The ruins made under sub-section (2) shftll remain in force fot not more than threo yefo's nt a time.

CHAPTER VII

EMPLOYMENT OF YOUNG PEIISONS

67. Prohibition of employment ol young children.—No child who has not completed IIN fourfrionth year shall be required or allowed to -,voik 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 v ork in. "ny factory unless—

(a) a certificate of fitness granted with reference to him under section (10 IR in tlie custody of tbe manager of the factory, and

(b) such child or adolescent carries while he is flt work a token giving & reference to such certificate.

89. Certificates Of fltnesa—(J) A certifying surgeon shall, on the application ot any young person or his parent or guardmn accompanied by H document signed by the manager of a factory that such poreon will be employed therein it oertified to be fit for work in a faotory, or on the application of the manager ">" 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 younq person, in the prescribed form, or may renew—

(a) a certificate of fitness to work in a factory as a child, if he ie satin- lnil thivt the \oung person has completed his fourteenth yem, Unit he lias attained the prescribed phvR'eal siaii'l'irds nml flint lit-¹ is tit fur •-.lii-L work.

(/)) i tuitifieiite it fitness to work in ,t tactorv us an mlu't it he is satisfied that the \oiim, person bus completed his fifteenth voar and ie fit tot rt fnJ] d i n s' work in H ineton •

(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-examinu- tion of the young person before the expiry of the period of twelve months (/) A certifying surgeon shall levoke any eellilicate guinttd oi rene^ nfl under subsection (2) d in bin opinion the holder of it JS no loiifjn fit to vvotk in the capacity stated therein in a factory.

(5) Where a certifying surgeon refuses to grant or renew a certificate or & certificate of the kind requested or revokes a certificate, ]\v ihall, if so i'equofeti_rl by HIIV ptuson who could have applied for tht enrtiiicate or the r<_nevM"il thereoi, state his reasons in writing for so doing

(6) Where a certificate under this section with reference to any ^oun^ person H granted or renewed subject to buch conditions Rf. art. referrc! to in I'lause (b) of Hub-section ^3), the young person shnll not be lequned o)¹ iillowi'd to work in any factory except m ticcordfince with those condition^

{7) Any fee payable loi n certificate under I his section shall be paid by the oeeupier arid ihull nut be recoveitible from the young person, his piirents or giuirdinn

71. Working hours for children.—(2) No child nhall be employed or permit- ted to work, In any factory—

(a) for more than four and a half hours in imy dny; (b) b e t w e en t he h o u rs of 7 p M. a nd 6 AM

{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 ohild shall be employed m only one of the relays which shall riot, except with the previous permission in writing of the Chief Inspectoi, be changed more frequently than once in a period of thirty days.

(3) The provisions of seotion 52 shall apply also to child workers, and no nxeinption from the piovisioriR of thiit section may bo granted in robpeet of iiiiy ohild.

(4) No child s.hall be required or allowed to work in any factory on any ilav on which he has already bfon working in another factory.

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 peiordance with the provisions of .sub section (J?) of section 10R a nolieo of periods of work lor ehilihnn, showing clcaily for nvery duy the per ods dnrinp which children mnv be requited or allowed to woik

(W) Tho peiiods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the method laid down for adult workers in section fit, find shall be such that children working for those periods uonld not bp working in contravention of any of the provisions of section 71.

(3) The provisions of sub-sections (8), (9) and (10) of section 61 shall apply ilso do tho notice leqmred by sub-section (1) of this section.

73. Reglater of child workers—(2) The manager of every factory in which children aro employed shall maintain a register of child -workers, to be avail- able to -the Inspector at all times during working hours ov when any work is hniif; curried on in ,i factory, showing—•

(a) the mi11if of each child wcrkir in the factory,

(b) the nature of his work, (o) the group, if any, in which he is included, (rf) where his group works on shifts, the relay to which he ig allotted, and

(e) the number of his certificate of fitness granted under section

* 74. Hours of work to correspond with notice under Bectlon 72 and register under'section 73.—No child shall be employed in any factory otherwise than in accordance with the notioe of periods of work for children displayed in the factory and the entries made beforehand against his name in the register of ohild workers of the factory

76. Power to require medical examination.—Where an Inspector is of

opinion—

(a) that any person working in a factory without a certificate of fitness fs 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 notioe requiring that such person or young person, as the case may be, shall bo 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 frebh certificate of fitness, is 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 Provincial Government may make rules—

(a) prescribing the forms of certificates of fitness to be granted undai section 69, providing for the grant of duplicates in the event of loss of the original certificates, and fixing tho fees which may bo charged for BUC'I certificates and renewals thereof and such duplicates;

(b) prescribing tho physical standards to bo attained by children and adolescents working in factories;

(c) regulating the procedure of certifying surgeons under this Chapter; (d) 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 nnd the persons b\ whom they shall be pnynble.

77. Certain other provisions of law not barred.—The provisions o£ thit Chapter shrill bo in addition In, mid not in dentition of, tho provisions of the Employment of Children Act, lf>.'?8 (XXVI of 1988).

m A P T EE VIII

Lnwn WITH WAGES

78. Application of Chapter.— (i) The provisions of this Chapter shall not- uperate to tho prejudice of any rights to which a worker may be entitled under am other law or under ibe terms of any award, agreement or contract of service:

Provided that where such award, agreement or contract of service provide for a longer leave with wages than provided in this Chapter the worker shall bp entitled only to such longer leove.

Explanation.—For the purpose of ihih Chapter leave shall not, except as pro- vided in section 79, include weekly holidays or holidays for festivals or other tirnilur occasions.

(ii) The provisions of this, Chopto Muill not apply to any workshop of ti Federal Railway.

79. Annual leave with wages.—(i) Every worker who has completed a period of twelve months continuous service in n factory shall be allowed during the subsequent period of twelve months' leave with wages for a number of days cal- culated ut the rate of—

(i) if an adult, one day for every twenty days of work performed by him during the previous period of twelve months subject to a minimum of ten days, and

(it) if a child, one day for every fifteen days of work performed by him during the pre\ious period of twelve months subject to a minimum of four- teen days;

Provided that a period of leave shall bo inclusive of any holiday whioh may occur during nuch period:

Provided further that whore the employment of a worker who has completed a period of four months' continuous service in a factory is terminated before he has completed a period of twelve months' continuous service, he shall bo deem- ed to have become entitled to leave for "the number of days which bears to the number of days specified in this sub-section the same proportion as the period of his continuous service bears to the continuous service of twelve months and tho occupier of the faotory shall pay to him the amount pay- able under section 80 in respect of the leave to which he is deemed to have become entitled.

\jtj If a, worker does not in any one such period of twelve months take (he whole of the leave allowed to him under aub-soction (2), any leave not taken by him shall be added to the leave to be allowed to him und^r that sub-section in the succeeding period (if twelve months;

Provided that the total liumbei¹ of days of lea\o whu-h may be curried forward 'o a succeeding peiiod shall not exceed fifteen in the odso ot an adult or twenty in the case of a child

Provided further that a worker who has applied for leine with wages but bar not been given tmch leave in accordance with any scheme drawn up under sub-sections (4) and (n), shall be entitled to carry forward the unaviiiled leave without any limit.

[3) A worker mny in nnv such period m' (wive tuontha apply in writing to the manager of the factory, not less than fifteen full working days before Ihe date on which he wishes bin leave to begin, to take sill the leave or any portion fchi'i>T>f, ""ownb'e lo him during that period under aub^eetionfi (7) and (I'")'

Provided that the number of instalments in which the leave is proposed to be (liken shall not. exceed tbiee:

(ii) a strike which is not an illegal strike or a lock out, or

(iii) one or more periods of in voluntary unemployment not exceeding in the aggregate one-twelfth of the period, or

(iv) leave admissible or granted under any other law.

Explanation 2.—"Authorised leave" shall include any casual absence din' to any reasonable cause:

Provided that the worker within a week from the commencement of the absence gives the reasons for the absence in writing to the manager of the factory, and may include periods of unauthorised leave, not exceeding in the aggregate one-tbirty-sixth of the period of continuous service, but shall not include tiny weekly holiday allowed under section 52 which occurs at the beginning or end of an interruption brought about by the leavo.

Explanation 3.—"Illegal strike" menus j stnH' which is i¹ legal within the meaning of section 24 of the Industrial Disputes Act, 1947 (XIV of ]!)47i or o[ fttiv olhe* liiw for the time beiuv,' in lip-re relating to lmlustiinl disputes.

80. Wages during leave period.—For the kave a l W ed to him under section 79 a worker shall be paid at a rnto equal to the daily average of hit. total full-time earnings, exclusive of nny overtime earnings' and bonus, but inclusive of declines', allowance and Iht ea^h equi\iilen[ of any advantage accruing by the sale, by the employer, of fondgrains , nd other article ut concessional ratrs foi the da\s ou whicli he worked hiring Iho month immediately preceding his leave.

81. Payment in advance in certain canes.—A worker who hna been allowed leave for not less than four days in the case of an adult and five days in the case of a child under section 79 shall, before his leave begins, be "paid the wages due for the period of the leave allowed.

82. Power of Inspector to act lor worker Any Inspector may institute proceedings on behalf of anv workers to recover any sum required to be paid by an employer under this Chapter which the employer hus not paid.

83. Power to mate rules.—The Provincial Government may prescribe the keeping by managers of factories of registers showing such particu'ars as may be prescribed and requiring such registers to be marie available for examination by 'Inspectors

84 Power to exempt factories.—"Where the Provincial Government is satisfied t h n t t be leave rules applicable to workers in a factory provide benefits which in its opinion are not ICBR favourable than those for which tlrs Chapter makes pro- vision, it may, by written order, exempt the fartorv fmm all or any of the provisions of this Chapter, subject to such conditions as may be. specified in the order.

CHAPTEE IX

SPBOIAL PROVISIONS

85. Power to apply the Act to certain premises—(I) The Provincial Govern- ment may, by notification in the official Gazette, declare that all or any of the, provisions of this 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 notwithstanding that—•

(0 the number of peraone employed therein is IOBB than ten, if working with the aid of power and less than twenty if working without the aid of power, or

(iii) the persons work.ng therein are not employed by the owner thereof but are working with the permission ot, 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.

(13) After a place is BO declared, it shall be deemed to be a factory for th© purposes of this Act. and the owner shall be deemed to be the oooupier, and any; person working therein, a worker.

Explanation.—For the purposes of this section, "owner" shall include ai 'lessee or mortgagee with possession of the premises.

86. Power to exempt public institutlona.—The Provincial 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 purpose? <^f education, training or re- formation, from all or any of the provisions pi this Act:

Provided that no exemption shall be granted from the provisions relating to hours of work and holidays, unless the persons having the control of the institution submit, for the approval of the Provincial Government, a scheme for the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending the institution or who are inmates ol the institution, and the Provincial Government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of ^this Act.

87. Dangerous Operations.—Where the Provincial Government is of opinion that any operation carried on in a factory exposes any persons employed in it to a serious risk of bodily injury, po'soning or disease, it may make rules •applicable to any factory or class or description of factories in which the opera- tion ia carried on-—-

(a) specifying the operation and declaring it to be dangerous; (b) prohibiting or restricting the employment of women, adolescents or children in the operation;

(c) providing for the periodical medical examination of porsons employed, or seeking to be employed, in the operation, and prohibiting the employ- ment of persons not certified as fit for such employment;

(d) providing for the protection of all persons employed in th" •operation or in the vicinity of the places where it is carried on;

(e) prohibiting, restricting or controlling the use of any specified mate- rials or processes hi connection with the operation.

38. Notice of certain acoldents.—Where in any factory an accident occurs "tvtnch causes denth. or which causes any bodily injury by reason of which the person injured in prevented from working for a period of forty-eight hours or TMoi¹*? immediately following the accident, or which is of such nature aa may bn prescribed in this behalf, the manager of the factory shall send notice there- of to such authorities, and in such form and within such time, as may bo prescribed.

89. Notice ol certain dlsoases.—(7) Where any worker in a fnetory contracts any disease specified in the Schedule, the manager of the factory shall send 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 the Schedule, the medical praoti- • tidier shall without delay send a report hi 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 mmie and address of the factory in which the patient is, or was last, employed.

(3) Where the report under sub-seotion (2) is confirmedtothe satisfaction of r tlie Chief Inspector, by the certificate of a certifying surgeon or otherwise, that the porson is suffering from a disease specified in the Schedule, he shall pay to the medical practitioner such fee as may be prescribed, and the fee BO puid shall be recoverable as an arrear of land-revenue from the occupier of th" factory in which the person contracted the disease.

{4) If any medical practitioner fails to comply with the provisions of sub- -eection (2), ht shall be punishable with fine which may extend to fifty rupaefl.

90. Power to direct enquiry Into cases of accident or dluease.—(1) Th" Provincial Government muy, if it considers it expedient BO 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 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 net us assessors in bueh inquiry.

(8) The person appointed to hold an inquiry under this section shall have till the powers of a (V.-il Court under the Code of Civil Procedure, 1908 (V of 1908), for the purpobo-5 of enforcing the attendance of witnesses and compelling • t he p r o d u c t i on of d o c u m e n ts a nd m a t e r i al o b j e c t s, a nd m ay a l s o, BO f ar as m ay

.

(3) The person holding an inquiry under this section shall make a report ••to the Provincial Government atnting ihe causes of the accident, or as the case mny be, disepse, find any attendant circumstances, and adding any observations -which he or any (". the assessors may thinkfitto make.

(4) The Provin.-al Government may, if it thinksfit,cause to be published any report, mnrlc un'W this section or any extracts therefrom.

(5) The Provincial Government may make rules for regulating the proce- • dure at inquiries under this section.

91. Powor to take samples.—(I) An Inspector may at any tune during the normal working hoirs of a factory, after informing the occupier or manager of the factory or otaer person for the time hemp purporting to be in oharge of the factory, take 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 pro- visions of this Act or the rules made thereunder, or

(b) iu th i opinion of the Inspector likely tc cause bodily injury to, or injury to the health of, workers in the factory,

(2) Where the Inspector takes a sample under sub-section (I), he shall, ' in the presence of the person informed under that sub-uection unless Buoh person wilfully absents himself, divide the sample into three portions and - -effectively seal and suitably m&tk them, and shall permit auch person to add *Me own seal and mark thereto.

(3) The person informed as aforesaid shall, if the Inspector so requires, provide the appliances for dividing, sealing and marking the sample taken under this section.

(4) The Inspeotor shall—•

(a) forthwith give one portion of the sample to the person informed under sub-section (1);

(b) forthwith send the second portion to a Government Analyst for analysis und report thereoi.,

(c) retain the third portion for production to the Court before which, proceedings, if any, are instituted in respect of the substance.

(5) Any document purporting to be a report under the hand of any Govern- ment Analyst upon any substuLieo submitted to him for analysis and report under this section, may be used as evidence in any proceedings instituted in respect of the substance.

CHAPTER X

PENALTIES AND PROOEDUBE

93, Liability of owner of premises in certain circumstances.—Where In any premisew separate buildings, or in any building separate parts of the building or separate parts of any room therein are leased or occupied by different parsons in such a manner as to constitute separate factories, the owner of the preiriiskB or building, as the case may be, ahull bo liable, in the stead of the occupier of the factory for any contravention in, or in respect of, any part of the premises or building which is used i\n a factory, of—

(a) the provisions of Chapter I II or of any rules made thereunder; (b) the provisions of Chapter IV or of any rules mnde thereunder, except in so far as they relate to plant or machinery belonging to or supplied by the oocupier of the factory;

(c) the provisions of Chapter V or of any rules made thereunder, and in computing for the purposes of any of the provisions mentioned in this clause the number of workers employed, the whole of the premises or building, as the case may be, shiill be deemed to be a single factory; ^ Provided that—•

(i) the provisions of this section shall not apply to, or in respect of, any building or room in the solo occupation of the oocupier of a factory; (it) the aforesaid owner shall bo liable for any contravention of any of the provisions of this Aot or of the rules made thereunder relating to the cleanliness of sanitary conveniences only when those conveniences are used by workers of more than one oocupier;

(m) the aforesaid owner shall be liable for any contravention of any of the provisions of this Act or of the rules made thereunder relating ^ hoists and lifts, and means of esoap© and safety precautions in oaae o\ fire, only in so iar as the said provisions relate to things under his control.!

94. Enhanced penalty after previous conviction.—If any person who has fen convicted of any offence punishable under section 92 is again guilty of ail Sfence involving a contravention of the same provision, he shall be punish- ale on a subsequent conviction with imprisonment for a term whieh may {tend to six months or with' fine which may extend to one thousand rupees • with both:

Provided that for the purposes of this section na cognizance shall be taken, any conviction made more than two years before the commission of the [fence which is being punished.

individual shall, BO long as he is so resident, be deemed to be the occupier of the faotory for the purposes of thiB Chapter, until further notice cancelling hk nomination is received by the Inspeotor or until he ceases to be a partner or member of the firm or association,

(5) Where the occupier of a faotory is a company, any one of the direotora thereof, or in the case of a private company, any one of the shareholder* jthereof, may be prosecuted and punished under this Chapter for any offenoo for which the occupier of the factory is punishable:

Provided that the company may give notice to the Inspector that it hap- nominated a director, or in the case of a private company, a shareholder, who is resident in either case within the Provinces -of India, to be the occupier of the factory for the purposes of this Chapter, and such director or share- holder, aB the case may be, shall, BO long as he is BO resident, b" deemed to be the oooupier of the factory for the purposes of this Chapter, until further notice cancelling his nomination is received by the Inspector or until he ceases to be a director or shareholder,

(3) Where the owner of any premises or building referred to in section 98^ is not an ind'vidual, the provisions of this section shall apply to such owner. aa they apply to occupiers of factories who are not individuals. .

101. Exemption of occupier or manager from liability in certain cases.— Where the occupier or man tiger of a factory is charged with an offence punishable under this Act, ho shall be entitled, upon complaint duly made by him and on giving to the prosecutor not less than three clear days' notice in writing of his intention so to do, to have any other person whom he charges as tbe actual offender brought before the Court at tho time appointed for hearing the charge; and if, after the commission 'I the offence has been, proved, the occupier or manager of the faotory, as the case may be, proves ta' the satisfaction of the Court—-

(a) that he has used due diligence to enforce the execution of this Act,. and

(/)) that the said other person oominitted the offence in question- without his knowledge, consent or connivance.—

J- that other person shall be conv'oted of the offence and shall be liable to thir like punishment as if he were the occupier or manager of the factory, and tha occupier or manager, as the case may bo, shall be discharged from any lia- bility under this Act in respect of auch offence:

.

Provided that in seeking to prove as aforesaid, the occupier or manager of. the faotory, as the case may bo, may be examined on oath, and his evidence and that of any witness whom he oalis in hia support shall be subject to cross- examination on behalf of the person he charges as the actual oSender and by the prosecutor •

Provided further that, if the person charged us the actual offender by the occupier or manager cannot be brought before the Court at the tim" appointed for hearing the chmge, the Court shall adjourn the hearing troio time to time for a period not exceeding three months and if by the end of the aaid period the person charged as the actual offender cannot still be brought before the Court, the Court shall proceed to hear the charge against the ocou"- pier or manager and shall, if the offence be proved, convict the occupier op manager.

102. Power of Oourt to make orders.—(2) Where the occupier or manager ot a factory is convicted of an offence punishable under this Act the Court may,, in addition to awarding any punishment, by order In writing require him, "within a period specified in the order (which the Court may, if it thinks fit an$

on application in such behalf, from time to time extend) to take such measures AS may bo so specified for remedying the matters in respect of which the offence waa oommitted.

(#) Where an order .is made under sub-haction (1), the occupier or manager of the factory, as the case may be, shall not be liable undor this Aft in reBpect of the continuation of the offence during the period or extended period, if any, allowed by the Court, but if, on the expiry of such period or extended period as the case may be, the order of the Court has not been fully complied with, the occupier or manager, as the oase may be, shall be deemed to have com- mitted a further offenoe, and may be sentenced therefor b,v the Court to undergo imprisonment for a term whioh may extend to six months or to pay a tone whioh may extend to one hundred rupees for every day after such expiry on "which the order has not been complied with, or both to undergo such imprisonment and to pay such fine, as aforesaid.

103. Presumption an to employment.—If a person is? found in a factory at any time, except during intervals tor meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that, time employed in the factory.

104. OnUB as to ag".—(1) When nny act or omission would, if a person •were under a certain age, be an offence punishable under this Act, and suoh: person is in the opinion of the Court prima facie under such age, the burden shall be on the accused to prove that such person is not under such age.

(#) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated in such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker.

105. Cognizance of Oflencea.—,(1) No Court shall talre cognizance of any offence under this Act except on complaint by, or -with the previous sanction in writing of, an Inspector.

(8) No Court below that of a Presidency Magistrate or of a Magistrate¹ of che first olasa shall try any offence punishable under this Act.

106. Limitation of prosecutions.—No Court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector:

Provided that where the offence consists of disobeying a written order r^ade by HII Inspector, complaint thereof may be made within six months of the date on which the ofTeDco ia alleged to have been committed.

CHAPTER XI

SUPPLEMENTAL

107. Appeals,—(1) The manager of a faotory on whom an order in writing Dy an Inspector has been served under the provisions of this Act or the oeotmier of the factory may, within thirty days of the service of the order, uppi nl against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the Provincial Government, confirm, modify or revere tlio order.

(#) Subject to rules made in this behalf by the Provincial Government (which may prescribe claones of appeals which shall not be beard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shell be

appointed by tlir: appellate authority and the other by such body representing the industry concorix J us may be prescribed:

Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of sueh assessor or, if it thinks fit, without the aid of any assessor.

(3) Subject to such rules as the Provincial Government may make in this behalf and subject to such conditions as to partial cqmpliance or the adoption vi temporary measures as the appellate authority may in any case think fit |o impose, the appellate authority may, if it thinks fit, suspend the order appealed against pending the decision of the appeal.

108. Display of notices.—(1) In addition to the notices required to be dis- played in anv factory by or under this Act, there shall be displayed in every factorv a notice containing such abstracts of this Act and oE the rules made -'jereunder as may be prescribed and also the name and address of the Inspector sr.d the certifying surgeon.\

(S) All notices required by or under this Act to be displaved in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and con- venient place at or near the main entrance to the factory, and shall be main- tained in a clean and legible condition.

(3) The Chief Inspector may, by order in writing served on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory.

109. Service of notices.—The Provincial Government may make-rules pre- scribing the manner of the service of orders under this Act on owners, occupiers or managers of factories.

110. Beturns.—The Provincial Government may make rules requiring owners, occupiers or managers of factories to submit such returns, occasional or periodical, as may in its opinion be required for the purposes of this Act.

111. Obligations of workers.—(1) No worker in a factory—

(a) shall wilfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers therein;

(b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and

(c) shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein.

(2) If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be pttnista≤ with imprisonment for a term which may extend to three months, or witk fine which may extend to one hundred rupees, or with both.

112. General power to make rules—The Provincial Government may make rules providing for any matter which, under any of the provisions of this Ae" is to be or may be prescribed or which may be considered expedient in order w give effect to the purposes of this Aefc.

118. Powers of Oftntre to give directions.—The Central- Government mat-

give directions to a Provincial Government as to the carrying into execution of the provisions of this Act.

114. No charge for lacllities and conveniences.—Subject to the provision* of section 46 no lee or charge shall be r e u s ed from any worker in respect of any arrangements or facilities to bo provided, or any equipments or appliances to be supplied by the occupier under the piovihions o£ this Act.

' 115. Publication of rules.—All rules made mider this Act shall bo published in the official Gazette, and fehnll be subject to the i-ondition of previous publica- tion- and tbo d'lte to be specified under clause (3) of section '23 of the General Clauses Ael. 18"7 (X of 1897), bhall be not loss thtui three months from the date on which the draft of the propotvil rule-. v\ns published.

116. Application of Act to Government factories.—Unless otherwise provided this Act shall apply to factories belo-iKing to the Central or any Provincial Government.

117. Protection to persons acting undo* this Act.—No suit, prosecution oi other legal proceeding shall he n^imsl uny person for anything whioh is in good faith done or in Landed to lie dnue under this Act

138. Restriction on disclosure of information.—(1) No Inspector shall, while in service or after leaving the service, disolose otherwise than in con- nection with the execution, or for the purposes of, this Act any information relating to any manufacturing or commercial business or any working process which may come to hia knowledge in the course of his official duties.

(2) Nothing in sub-section (2) shall apply to any disclosure of information made with the previous consent ID writing of the owner of such business or process or for the purposes of any legal proceeding (inoluding arbitration) pur- suant, to this Act or of any criminal proceeding which may be taken, whether • pursuant to this Act or otherwise, or for the purposes of any report of such proceedings as aforesaid.

(3) If any Inspector contravenes the provisions of sub-section (I) he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rup_ees, or with both.

119. Amendment of section 3, Act XXVI of 1038 In sub-section (3) of section 3 of the Employment of Children Act, 1988, for the word "twelfth" the word "fourteenth'' shall be substituted.

12Q. Repeal and savingo.—The enactments set out in the Table appended to this section are hereby repealed:

provided that anything done under the said enaotments which oould have 4>een done under this Act if it had then been in force shall be deemed to hare been done under this A6t

TABLE

Enactments repealed

No.

Short tltlt

XXV .

Th" Factories Aeft, 1M4.

19*4

1044

XIV

Tha Factories ( Amendment) Aot, 1944.

I II

1*46

The Factories ( Amendment) Aot, 1M0.

X

The Factories ( Amendment) Aot, I0tf.

V

The FMtorim ( Amendment) Art, lt<7.

THE SCHEDULE

(See eeotiona 89 and 90)

List of Notifiable Diteatet

1. Lead poisoning, including poisoning by any preparation or compound oft lead or their sequelae.

,

2. Lead tetra-ethyl poisoning. S. Phosphorus poisoning or its sequelae. I. Mercury poisoning or its sequelae. fi. Manganese poisoning or its sequelae. 0. Arsenic poisoning or its sequela*. 7. Poisoning by nitrous fumea. 8. Carbon bisulphide poisoning. 9. Benzene poisoning, including poisoning by any of its homoiogu"", their vitro or amido derivatives or ita sequelae. 10. Chrome ulceration or its sequelae. II. Anthrax. 12. Silicosis. 18. Poisoning by halogens or halogen derivativos of the hydrocarbons of ik&\ aliphatio series.

14. Pathological manifestations due co—

(a>) radium or other radio-active substances; (6) X-rays.

16. Primary epitheliomatous cancer of the skin. 16. Toxio anaemia. 17. Toxic jaundice due* to poisonous substances.

ACT NO. LXIV OP 1948. An Act to amend the Essential /Supplies (Temporary Powers) Avt, 19411.,

WHHBBAS it is expedient to amend the Essential Supplies (Temporary Pow*r"> Aert, 1946 (XXIV of 1946), for the purposes hereinafter appearing ;

It is heieby enacted as follows :—

•1. Short title.—This Act may be oalled the Eeeential Stippliee (Tenpoiaiy Powers) (Amendment) Act, 1948.

-. .amendment ol section 7, Act XXIV of 104rf.—For the proviso to snb-

ieotion (1) of section 7 of the Essential Supplies (Temporary Powers) Act, 1946 (XXTV of 1946), the following shall bo substituted, namely :—

" Provided that—'•'

(a) wheie tho contravention ifl of an Order relating to cotton textile*, tfa* Court shall—

(i) sentenoe any person convicted of suoh contravention to imprison* mont for a term which may extend to throo years and may, in addition^ impose a sentenoe of fine, and

(ii) direct that any propeorty in reapot of which the Order hashed* oontravened or such part of it as the Court may deem fit shall be forfeited: to Hifl Majeuty ; and

(b) where the contravention IB of an Order relating to foodatofl&i which contains an express provision in this behalf, th** Court shall diroct that any property in respect of which the Order has been contravened shall bo forfeit- ed to His Majesty, unless for reasons to bo rooorded in writing it is of opinion: that the direotioa should not bo made in rospeot of the wholo, or, as the oase m ay be, a part, of the property."

ACT No. LXV OF 1948.

An Act further to amend the Indian Railways Aot, 1890.

WHEBBAS it is expedient further to amend the Indian Railways Aot. 1890<"

(IX of 1890), for the purposes hereinafter appearing;

It is hereby en noted as follows: —

1. Short title and commencement.—(2) This Act may be called the Indian Railways (Becond Amendment) Ant, 1948.

(9) It shall come into force on suoh date as the Central Government may, by notification in the official Gazette, appoint.

2. Amendment of Chapter V, Act IX,of 1890.—(2) In Chapter V of the. Indian Kailways Aot, 1890 (hereinafter referred to as the Raid Act), section 46 shall be omitted, and sections 41, 42, 42A, 42B, 43, 44, 45 and 4fiA shall be renumbered respectively as sectionK 26, 27, 28, 29, 30, 81, 82 and 88.

(2) In bub-section (3) of section 27, as so renumbered, for the figures and* letter "42A" the figures "28" shall be substituted

(3) In section 28 as so renumbered, eub-section (3) and the figure and brackets "(2)" in sub-section (2) shall be omitted.

3. Insertion ol new heading and new sections 34 to 460 In Aot IX

Of 1890.—After section 88, as renumbered by section 2, the following heading and sections RIIHII be inserted, namely: —

'RAILWAY RATES TEIBUNAL

34. Comtiiuition of the Tribunal.—(2) There shall be a Tr'bunal, called the Etvilway Batet, Tribunal? for the purpose of discharging th& functions here- inafter specified in this Chapter.

(2) The Tribunal shall consist of a President, and two other members, appoini- • ed by the Central Government; and they shall bold office for such periods and on such terms and conditions as the Central Government may, by general order, prescribe.

(3) A person shall not be qualified for appointment as a member of the Tribunal unless he is or has been, or is qualified for appointment as, a Judg" "£ a High Court.

85. Constitution of panels of assessors.—{1) The Central Government shall constitute two panels of assessors namely, (a) the trade, industry and agrioul- ture panel; and (&) the railway panel. ,

(2) The trade, industry and agriculture panel shall consist of not more than Bixty persons chosen by the Central Government; one-third of the number choaen •hall represent trade, onerthird industry, and one-third agriculture, the repre- sentatives in each group being chosen after consulting such associations repre- •anting trade, industry or agriculture (as the case may be), as the Central Gov- ernment may consider necessary.

(3) The railway panel shall consist of not more than thirty persons with* railway experience, chosen by the Central Government,

(4) Any appointment to either panel shall be notified hi the official Gazette; and the notification shall specify the term for which the appointment is made. JTho term shall not exceed two years, but the member shall be eligible for re- appuintmenl, after the expiry of his term.

86. Sla//.—The Tribunal may, with the sanction of the Central Government, appoint such staff, and on such terms nud conditions, as the (Icntrnl (iovernrnont may dotcrmino.

87. Headquarter*.—-The headquarters of the Tribunal shall be at such plaoe as the Ceniral Government may fix,

88. Sittings of the Tubunal.—The Tribunn] may sit at such place or places as ib may find convenient for the trnusurtion of busings.

1)9. Jurisdiction.—Fur the piHpoae of n\en.'if.ing thu jurisdii-timi conferred on it by this Chapter, the Tribunal may pass finch interim and final orders aa the circumstances may requite, inchidmv orders foi the payment, subject to the provisions of Ilus ChHpter, of coats; und it sLnll be the duty of the Central "Government, the 1'rovineiaJ (lovernmenli or Uio Government of uii Acceding fctute (as the case may be) on whom any obligation is imposed by any such order, to carry it out.

40. Powers of the Tribunal.—The Tribunal shall have the powers of a Civil Contt under th>i Code of Civil Procedure, 1908 (V of 3908J, for the purposes of tulJn^ evidence on oath, enforcing the attondnnoe ol witnesses, compelling the discovery and production of documents jnd issuing commissions for the exa- mination of witnesnes and shall be deemed to be a Civil Court for nlj tbe pur- p o se of section IPS amd Chapter XXXV of the Code of Criminal Procedure, I &M \'- u? 1898), and isiy refereuot to the presiding officer of a Court shall be 3et>med include a reference to the President of the Tribunal.

41. Oomplaints againnt a railway administration.—-(1) Any somplaint • against a railway administration, or jointly against two or more railway ad- ministrations, that such administrating or admin'etrntiojis-—

(a) is or nre contrareninp the pi ©visions of section 28; or (b) is or are charging—•

(i) unreasonable rates, or (u) rates which are unreasonable by reason of any condition attached to them regarding minimum weight, packing, assumption of risk or any other matter; or (p) is or are levying unreasonable charges excluding terminal ohargOB •which are, or may hereafter be, fitnndard'sed; or

(d) is or aro unreasonably refusing to quote n new station to station

(e) has or have unreasonably placed a commodity in a higher class

•flfaall be heard and decided by the Tribunal in accordance with the provision* • of this Chapter.

K*j2) In the case of a complaint under clause (d) of uub-seotdon (1), the Tribunal may fix a new station to station rate.

42 Power to alter rates or reclassify commodities.—{1) The Tribunal "lone Bhall have power to reclaseify any commodity in a higher class but suoii power shall not be exercised excopt on the application of the Central Govern- nhent.

(f) The Central Government alone shall have p o w e r-

fa) to increase or reduce the level of class rates, schedule rates and

terminal and other charges;

(Jb) to clarify any commodity which has not been classified before.

(3) The Tribunal aa well as the Central Government ahali have power to re- olftBeify any commodity in a lower class.

48. Tribunal to decide matters with aid of assessors.—(2) All matters erhalj be decided by the Tribunal with the aid of assessors.

(3) Where, in the opinion of the President of the Tribunal, opy matter prima facie appears to involve a question of principle, it ahull be decided by a Full Bench consisting of the President and the other two members, -with the aid of not less than four assessors, seloeted by the President in equal numbers from the trude, industry and agriculture panel and irom the railway panel.

{3} All oilier matters may bu decided by a single member of the Tribunal, with the aid of not moro than four assessors selected by the President of the Tribunal m tqual numbers from (he trade, industry and agriculture punel and from the railway panel:

Provided that tho President may, in his discretion, direct that nny such matter shall be decided by the Full Bench.

Provided further that where a single member of the Tribunal hearing any matter considers thnt it iuvolves a question of principle, he shall refer tho matter to the President who shall direct that it shall be decided by the Full Benf-h m the manner referred to in bub-socLioa (il).

(4) It shall be the duty of each assessor to advise the Tribunal and state his opinion on all questions arising m the mutters before tho Tribunal, but the Tribunal shall nut be hound to act on tho advice, or to conform to the opinion, of ull or any of tho asRCbSnTS.

44. Procedure,—(1) With the approval of the Cenirnl Uovernmeut, the Tribunal may make ruleb regarding its practice and procedure anl ^eneivilly in t 't OFLHIVI- discharge of U hmcfcums under this Chapter.

\'l) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—

(a) the preparat'on of panels of assessors;

(h) Ihe tenni and condition? of the appointment of assessors;

(r\ the aw aid nf costs by the Tribunal;

(d) the reference of uny question to a member or officer of the Tribunal or any other person appointed by the Tribunal, for report after holding a local inquiry;

(e) the vi^ht of audience before the Tribunal, provided that any parly shall be entitled to be heard in person, or by a representative duly autho- rised in writing, or bv a legal practitioner;

(/) the disposal by the Tribunal of any proceedings bofore it, notwith- standing that In the course thereof there has been a change in the person* sitting as members of the Tribunal or as assessors;

(g) a scale of fees for and in connection with the proceedings befora the Tribunal.

(3) The Central Government shall #ive to the Tribunal suoh assistance as it may require, and shall also place at its disposal any information in the po^esaion of the Central Government which that Government may think rele- vant to the matter before the Tribunal.

(4) Any person duly authorised in tins behalf by the •Central Government •hall be entitled to appear and be heard in any proceedings before the Tribunal.

(5) The Tribunal shall make annually a report to the Central Govemmeat of its proceedings under this Chapter.

45. Bar of jurisdiction of the Tribunal.—Nothing in this Chapter shall confer juriftdiotion on the Tribunal in respect of scales of charges levied by a railway adminiHtration -for the oorriage of passengers and their luggage, parcels, military traffic and traffic* in railway materials and stores, and demurrage charges, exoept on a reference made to the Tribunal by the Central Government.

46. Alteration and cancellation of certain station ta station rates.—Notwith- standing anything contained in this Chapter, a railway administration may, in respect of the carriage of any merchandise by goods train,-—

(j) quote a new station to station rate; or

(n) increase or reduae an existing station to station rate, not being a station to station rate introduced in compliance with an order made by th" Tribunal; or

(MI) after due notice in the manner prescribed by the Central -Government, cancel any station to station rate which has not been intro- duced in compliance with an order made by the Tribunal, unless the Tribunal has, after notice has been given as aforesaid, granted an injunction against such cancellation: or

(j'v) withdraw, alter or amend the conditions attached to a station to •station rate other than conditions introduced in compliance with an order mado by the Tribunal.

<6A. Decision of the Tribunal.—The decision of the Tribunal shall be by s •tmjority of the members sitting and shall be final:

Provided that where a single member of the Tribunal has heard and decided :sny matter, he may, in his discretion, give 'envo to any party bo appeal to the Full Bench; and if an appeal is filed iu pursuance of such leave, the decision of the Full Bench or of a majority of the members thereof, as the easo may be, anall be final.

46B. Execution of orders of the Tribunal.—The Tribunal may transmit way- order made by it to a Oiv'l Court having locnl jurisdiction; and such Civil JCourt shall execute the order as if it were u decree.

46C. Definitions.—In this Chapter, unless there is anything repugnant in tfhe subject or context,—

(a) "classification" means the grouping of commodities into classes aa notified in the Indian Railway Conference Association's Goods Tariff and as in force ut the commencvemout of the Indian Rnilwnvs (Second Amend- ment) Act, 1948, for the purpose of determining the rate to be charge^;

(b) "olass rate" means a rate fixed according to the class given to a commodity in the classification of goods;

(o) "commodity" includes livestock;

GAZETT^ OF INDIA EXTRAOBDINARY. SEPT. 2&, 1948 339

(d) "demurrage" means the charge levied after the expiry of the free time allowed for loading or unloading a wagon;

(e) "parcel" means any package or merchandise or other goodB entrus- ted for carriage by passenger or parcels train;

(/) ''schedule rate" means a rate lower than the maximum or cl"" rate applied on a commodity basis;

(g) "station to station rate" means a special reduced rate applicable to a specific commodity booked between two specified stations."

K. Y. BHANDAEKAB, 8ecy> to the Oovt. of India.

PCBUBHBD HT THH MANAOKR 0" PUBUCMMTOB, D B U H, IWDU,