2
[7A. General duties of the occupier.—(1) Every occupier shall ensure, so far as is reasonably
practicable, the health, safety and welfare of all workers while they are at work in the factory.
(2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such
duty extends, shall include—
(a) the provision and maintenance of plant and systems of work in the factory that are safe and
without risks to health:
(b) the arrangements in the factory for ensuring safety and absence of risks to health in
connection with the use, handling, storage and transport of articles and substances;
(c) the provisions of such information, instruction, training and supervision as are necessary to
ensure the health and safety of all workers at work:
(d) the maintenance of all places of work in the factory in a condition that is safe and without
risks to health and the provision and maintenance of such means of access to, and egress from, such
places as are safe and without such risks;
(e) the provision, maintenance or monitoring of such working environment in the factory for the
workers that is safe, without risks to health and adequate as regards facilities and arrangements for
their welfare at work.
(3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be
appropriate, revise, a written statement of his general policy with respect to the health and safely of the
workers at work and the organisation and arrangements for the time being in force for carrying out that
policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner
as may be prescribed.
7B. General duties of manufacturers, etc., as regards articles and substances for use in
factories.—(1) Every person who designs, manufactures, imports or supplies any article for use in any
factory, shall—
(a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to
be safe and without risks to the health of the workers when properly used;
(b) carry out or arrange for the carrying out of such tests and examination as may be considered
necessary for the effective implementation of the provisions of clause (a);
(c) take such steps as may be necessary to ensure that adequate information will be available—
(i) in connection with the use of the article in any factory;
(ii) about the use for which it is designed and tested; and
(iii) about any conditions necessary to ensure that the article, when put to such use, will be
safe, and without risks to the health of the workers:
Provided that where an article is designed or manufactured outside India, it shall be obligatory on the
part of the importer to see—
(a) that the article conforms to the same standards if such article is manufactured in India, or
1. Subs. by Act 25 of 1954, s. 4, for “Chief Inspector a written notice” (w.e.f. 7-5-1954).
2. Ins. by Act 20 of 1987, s. 4 (w.e.f. 1-12-1987).
13
(b) if the standards adopted in the country outside for the manufacture of such article is above the
standards adopted in India, that the article conforms to such standards.
(2) Every person, who undertakes to design or manufacture any article for use in any factory may
carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as
is reasonably practicable, the elimination or minimisation of any risks to the health or safety of the
workers to which the design or article may give rise.
(3) Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the
testing, examination or research which has been carried out otherwise than by him or at his instance in so
far as it is reasonable for him to rely on the results thereof for the purposes of the said sub-sections.
(4) Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in
the course of business carried on by him and to matters within his control.
(5) Where a person designs, manufactures, imports or supplies an article on the basis of a written
undertaking by the user of such article to take the steps specified in such undertaking to ensure, so far as
is reasonably practicable, that the article will be safe and without risks to the health of the workers when
properly used, the undertaking shall have the effect of relieving the person designing, manufacturing,
importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as
is reasonable having regard to the terms of the undertaking.
(6) For the purposes of this section, an article is not to be regarded as properly used if it is used
without regard to any information or advice relating to its use which has been made available by the
person who has designed, manufactured, imported or supplied the article.
Explanation.—For the purposes of this section”, “article” shall include plant and machinery].
STATE AMENDMENT
Tamil Nadu
Insertion of new section 7-AA.—After section 7-A of the Factories Act, 1948 (Central Act LXIII of
1948), the following section shall be inserted, namely:--
“7-AA. Occupier of Match or Fire Works Factory to insure workers.--(1) The occupier of
every factory wherein the manufacture of match or fire works is carried on shall get every worker
employed in the factory insured for a sum of not less than fifty thousand rupees and keep the
insurance alive so long as the worker is employed in the factory. The payment of premium for such
insurance shall be the liability of the occupier.
(2) The occupier shall send to the Chief Inspector a report containing the details of the insurance
referred to in sub-section (1) at such intervals with such particulars, in such form and in such manner
as may be prescribed by the State Government.
(3) If an occupier fails to comply with the provisions of sub-section (1), the Chief Inspector may,
after giving the occupier an opportunity of being heard and after considering the representation, if
any, cancel the licence granted under this Act.".
[Vide Tamil Nadu Act 29 of 2007, s. 2]
8. Inspectors.—(1) The State Government may, by notification in the Official Gazette, appoint such
persons as possess the prescribed qualification to be Inspectors for the purposes of this Act and may
assign to them such local limits as it may think fit.
(2) The State Government may, by notification in the Official Gazette, appoint any person to be a
Chief Inspector who shall, in addition to the powers conferred on a Chief Inspector under this Act,
exercise the powers of an Inspector throughout the State.
1
[(2A) The State Government may, by notification in the Official Gazette, appoint as many Additional
Chief Inspectors, Joint Chief Inspectors and Deputy Chief Inspectors and as many other officers as it
thinks fit to assist the Chief Inspector and to exercise such of the powers of the Chief Inspector as may be
specified in such notification.
1. Ins. by Act 94 of 1976, s. 6 (w.e.f. 26-10-1976).
14
(2B) Every Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other
officer appointed under sub-section (2A) shall, in addition to the powers of a Chief Inspector specified in
the notification by which he is appointed, exercise the power of an Inspector throughout the State].
(3) No person shall be appointed under sub-section (1), sub-section (2)
1
[,sub-section (2A)] or subsection (5) or, having been so appointed, shall continue to hold office, who is or becomes directly or
indirectly interested in a factory or in any process or business carried on therein or in any patent or
machinery connected therewith.
(4) Every District Magistrate shall be an Inspector for his district.
(5) The State Government may also, by notification as aforesaid, appoint such public officers as it
thinks fit to be additional Inspectors for all or any of the purposes of this Act, within such local limits as it
may assign to them respectively.
(6) In any area where there are more Inspectors than one the State Government may, by notification
as aforesaid, declare the powers which such Inspectors shall respectively exercise and the Inspector to
whom the prescribed notices are to be sent.
(7)
1
[Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector
and every other officer appointed under this section] shall be deemed to be a public servant within the
meaning of the Indian Penal Code (45 of 1860), and shall be officially subordinate to such authority as the
State 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 he is appointed,—
(a) enter, with such assistants, being persons in the service of the Government or any local or
other public authority, 2
[or with an expert] as he thinks fit, any place which is used, or which he has
reason to believe is used, as a factory;
3
[(b) make examination of the premises, plant, machinery, article or substance;
(c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury,
disability or not, and take on the spot or otherwise statements of any person which he may consider
necessary for such inquiry;
(d) require the production of any prescribed register or any other document relating to the factory;
(e) seize, or take copies of, any register, record or other document or any portion thereof as he
may consider necessary in respect of any offence under this Act , which he has reason to believe, has
been committed;
(f) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left
undisturbed (whether generally or in particular respects) for so long as is necessary for the purpose of
any examination under clause (b);
(g) take measurements and photographs and make such recordings as he considers necessary for
the purpose of any examination under clause (b), taking with him any necessary instrument or
equipment;
(h) in case of any article or substance found in any premises, being an article or substance which
appears to hi m as having caused or is likely to cause danger to the health or safety of the workers,
direct it to be dismantled or subject it to any process or test (but not so as to damage or destroy it
unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take
possession of any such article or substance or a part thereof, and detain it for so long as is necessary
for such examination;
(i) exercise such other powers as may be prescribed:]
1. Subs. by Act 94 of 1976, s. 6,for “every Chief Inspector and Inspector” (w.e.f. 26-10-1976).
2. Ins. by Act 20 of 1987, s. 5 (w.e.f. 1-12-1987).
3. Subs. by s. 5, ibid., for clause (b) and (c) (w.e.f. 1-12-1987 ).
15
10. Certifying surgeons.—(1) The State Government may appoint qualified medical practitioners to
be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or
description of factories as it may assign to them respectively.
(2) A certifying surgeon may, with the approval of the State Government, 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 as the State Government may think fit to
impose, and references in this Act 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 the powers of, a certifying surgeon,
or having been so appointed or authorised, continue to exercise such powers, who is or becomes the
occupier of a factory or is or becomes directly or indirectly interested therein or in any process or business
carried on therein on in any process or machinery connected therewith or is otherwise in the employ of
the factory:
1
[Provided that the State Government may, by order in writing and subject to such conditions as may
be specified in the order, exempt any person or class of persons from the provisions of this sub-section in
respect of any factory or class or description of factories.]
(4) The certifying surgeon shall carry out such duties as may be prescribed in connection with—
(a) the examination and certification of young persons this Act;
(b) the examination of person engaged in factories in such dangerous occupations or processes as
may be prescribed;
(c) the exercising of such medical supervision as may be prescribed for any factory or class or
description of factories where—
(i) cases of illness have occurred which it is reasonable to believe are due to the nature of the
manufacturing process carried on, or other conditions of work prevailing, therein;
(ii) by reason of any change in the manufacturing process carried on or in the substances used
therein or by reason of the adoption of any new manufacturing process or of any new substance for
use in a manufacturing process, there is a likelihood of injury to the health of workers employed in
that manufacturing process;
(iii) young persons are, or are about to be, employed in any work which is likely to cause injury
to their health.
Explanation.—In this section “qualified medical practitioner” means a person holding a qualification
granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916 (7 of 1916), or
in the Schedules to the Indian Medical Council Act, 1933 (27 of 1933)2
.