Bare ActsThe factories act, 1948

Section 5

Subs

Amendment status not verified — confirm the current text below against the official source.

Subs. by Act 25 of 1954, s. 4, for “Chief Inspector a written notice” (w.e.f. 7-5-1954). 11 CHAPTER II THE INSPECTING STAFF 1[7A. General duties of the occupier.—(1) Every occupier shall ensure, so far as is reasonably practicable, the health, safety and welfare of all workers while they are at work in the factory. (2) Without prejudice to the generality of the provisions of sub-section (1), the matters to which such duty extends, shall include— (a) the provision and maintenance of plant and systems of work in the factory that are safe and without risks to health; (b) the arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; (c) the provisions of such information, instruction, training and supervision as are necessary to ensure the health and safety of all workers at work; (d) the maintenance of all places of work in the factory in a condition that is safe and without risks to health and the provision and maintenance of such means of access to, and egress from, such places as are safe and without such risks; (e) the provision, maintenance or monitoring of such working environment in the factory for the workers that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work. (3) Except in such cases as may be prescribed, every occupier shall prepare, and, as often as may be appropriate, revise, a written statement of his general policy with respect to the health and safety of the workers at work and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision thereof to the notice of all the workers in such manner as may be prescribed. *7B. General duties of manufacturers, etc., as regards articles and substances for use in factories.—(1) Every person who designs, manufactures, imports or supplies any article for use in any factory, shall— (a) ensure, so far as is reasonably practicable, that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly used; (b) carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective implementation of the provisions of clause (a); (c) take such steps as may be necessary to ensure that adequate information will be available— (i) in connection with the use of the article in any factory; (ii) about the use for which it is designed and tested; and (iii) about any conditions necessary to ensure that the article, when put to such use, will be safe, and without risks to the health of the workers: Provided that where an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to see— (a) that the article conforms to the same standards if such article is manufactured in India, or (b) if the standards adopted in the country outside for the manufacture of such article is above the standards adopted in India, that the article conforms to such standards. (2) Every person, who undertakes to design or manufacture any article for use in any factory, may carry out or arrange for the carrying out of necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to the health or safety of the workers to which the design or article may give rise.

Section 5 – The factories act, 1948 | DailyLaw.ai