Amendment status not verified — confirm the current text below against the official source.
Ins. by s. 4 ibid, (w.e.f. 1-06-1988). The Factory Act, 1948 9 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, is 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 of 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-section (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-section (1) and (20) 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 term of the undertaking. (6) For the purposes of this section, and 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. 10 CHAPTERII THE INSPECTINGSTAFF 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 Addition Chief Inspector, Joint Chief Inspector and Deputy Chief Inspector 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. (2B) Every additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector and every other officer appointed under subsection (2A) shall, in addition to the powers of a Chief Inspector specified in the notification by which he is appointed, exercise the powers of an Inspector throughout the State.] (3) No person shall be appointed under sub-section (1), sub-section (2) 1*[sub-section (2A)] or sub-section (5) or, having been appointed, shall continue to hold officer, 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) 2*[Every Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy Chief Inspector, 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,—