Form 9: Register of Workers Employed for Work On or Near Machinery in Motion

Are you an employer who has workers employed near machinery in motion? Or are you an employer who has workers employed for the purpose of working near machinery in motion? Do you want to know the statutory obligations for these segments of workers?

If your answer to all these questions is yes, then this article is for you, as it will guide you through Form 9: Register of Workers Employed for Work On or Near Machinery in Motion. Central Form 9 is one of the forms of compliance under the Factories Act, 1948.

This Act is applicable to all those manufacturing establishments that match the definition of the word “factory” under the Factories Act, 1948. The main purpose behind the formulation of the Factories Act, 1948 was to ensure the health, safety, and welfare of workers at their workplaces, making sure that they are not exploited, their working hours are regulated, they are paid their due wages on time and in full, they factory working conditions are well maintained, and other such relevant considerations are ensured and protected.

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In order to be your comprehensive guide for the Central Form 9: Register of Register of Workers Employed for Work On or Near Machinery in Motion, the topics that will be covered under this article are:

The Factories Act, 1948
Form 9: Register of Workers Employed for Work On or Near Machinery in Motion
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The Factories Act, 1948

The Factories Act of 1948 is social legislation that has been enacted for occupational health, safety, and welfare of workers at their workplaces. The primary objective of this Act is to regulate the working conditions in the manufacturing establishments that can be identified as “factory” as per the definition for the same under this Act, and it extends to the whole of India.

Important Definitions under the Factories Act, 1948

Some of the most important definitions under the Factories Act, 1948 are:

“Factory” means any premises including the precincts thereof-

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 so carried on, or
Whereon twenty 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 without the aid of power, or is ordinarily so carried on.

Note: This does not include a mine subject to the operation of the Mines Act, 1952 (35 of 1952), or a mobile unit belonging to the armed forces of the Union, a railway running shed, or a hotel, restaurant, or eating place.

“Occupier” of a factory means the person who has ultimate control over the affairs of the factory, provided that:

In the case of a firm or other association of individuals, any one of the individual partners or members thereof shall be deemed to be the occupier.
In the case of a company, any one of the directors shall be deemed to be the occupier.
In the case of a factory owned or controlled by the Central Government or any State Government, or any local authority, the person or persons appointed to manage the affairs of the factory by the Central Government, the State Government, or the local authority, as the case may be, shall be deemed to be the occupier.
In the case of a ship which is being repaired, or on which maintenance work is being carried out, in a dry dock which is available for hire, then the owner of the dock shall be deemed to be the occupier, or in other cases, the owner of the ship, or his agent, or master, or other officer-in-charge of the ship, or any person who contracts with such owner, agent, or master, or other officer-in-charge to carry out the repair or maintenance work, shall be deemed to be the occupier (this, however, is specific for the purposes as specified in this Act).

“Worker” means a person who is employed directly or by, or through any agency, including a contractor with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in cleaning any part of the machinery, 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 process. It, however, does not include any member of the armed forces of the Union.
“Prime Mover” refers to any motor, engine, or other appliance which generates or otherwise provides power.
“Transmission Machinery” refers to any wheel, drum, shaft, pulley, a system of pulleys, clutch, coupling, driving belt, or other appliance or device by which the motion of a prime mover is transmitted to or received by any appliance or machinery.
“Machinery” includes prime movers, transmission machinery, and all other appliances whereby power is generated, transformed, applied, or transmitted.

Power to Exempt During Public Emergency

As per the provisions of the Factories Act, 1948, in any case of public emergency, the State Government may, by notification in the Official Gazette, can exempt any factory or class or description of factories from all or any of the provisions of this Act (except the provisions prohibiting the employment of young children). This exemption can be declared for such a period and subject to such conditions as it may think fit. However, no such notification shall be made for a period exceeding three months at a time.

Approval, Licensing, and Registration of Factories

Under the Factories Act, the provisions for the same are:

The State Government may make rules-

1. Requiring, for the purposes of this Act, the submission of plans of any class or description of factories to the Chief Inspector or the State Government.

2. Requiring the prior written permission of the State Government or the Chief Inspector to be obtained for the site on which the factory is to be situated and for the construction or extension of any factory or class or description of factories.

3. Requiring, for the purpose of considering applications for such permission, the submission of plans and specifications.

4. Prescribing the nature of such plans and specifications and by whom they shall be certified.

5. Requiring the registration and licensing of factories or any class or description of factories and prescribing the fees payable for such registration and licensing and for the renewal of licenses.

6. Requiring that no license shall be granted or renewed unless the notice specified in the section- ‘Notice by Occupier’ has been given.

If on an application for permission, as referred to in point 2, is accompanied by the plans and specifications required by the rules made under point 3, is sent to the State Government or the Chief Inspector by registered post, and yet, no order is communicated to the applicant within a period of three months from the date on which the application was sent, then the permission applied for in the said application shall be deemed to have been granted.
If the State Government or the Chief Inspector has refused to grant permission to the site, construction, or extension of a factory, or for the registration or licensing of the factory, then the applicant can appeal to the Central Government, if the decision appealed from was of the State Government, and to the State Government in any other case. However, this must happen within thirty days of the date on which such refusal was received by him or her.

Note: A factory shall not be deemed to be extended within the meaning of this section by reason only of the replacement of any machinery or plant or within such limits as may be prescribed, of the addition of any plant or machinery. This is so if such an addition or replacement does not reduce the minimum clear space required for safe working around the machinery or plant or adversely affects the environmental conditions from the evolution or emission of heat, steam, fumes, or heat, that will be injurious to health.

Notice by Occupier

Under the Factories Act, 1948, the provisions related to the notice to be given by the occupier are:

At least fifteen days before the occupier begins to occupy or use any premises as a factory, he or she is obliged to send to the Chief Inspector a written notice containing-

1. The name and situation of the factory

2. The name and address of the occupier

3. The name and address of the owner of the premises or building (including the precincts thereof) as referred to under section – ‘Liability of Owner of Premises in Certain Circumstances’ of this Act.

4. The address to which communications relating to the factory may be sent

5. The nature of the manufacturing process. In the case of factories that already existed on the date of the commencement of this Act, here you will be mentioning the nature of the manufacturing process that was carried on in the factory during the last twelve months. Additionally, here, the nature of the manufacturing process to be carried on in the factory during the next twelve months in the case of all factories must be specified.

6. The total rated horsepower installed or to be installed in the factory. This will not include the rated horsepower of any separate stand-by plant.

7. The name of the manager of the factory for the purposes of this Act.

8. The number of workers likely to be employed in the factory.

9. The average number of workers per day that were employed during the last twelve months in the case of a factory in existence on the date of the commencement of this Act.

10. And such other particulars as may be prescribed.

In respect of all the establishments which has come within the scope of this Act for the first time, the occupier will have to send a written notice to the Chief Inspector containing the particulars as specified above. The occupier will have to do this within thirty days from the date of the commencement of this Act.
Before a factory gets engaged in a manufacturing process, which is ordinarily carried on for less than one hundred and eighty working days in the year, and resumes working, the occupier is obliged to send a written notice at least thirty days before the date of the commencement of work to the Chief Inspector, containing the particulars as discussed above.
Whenever a new manager is appointed, the occupier will have to send to the Inspector a written notice, and to the Chief Inspector a copy thereof, within seven days from the date on which such person takes over charge.
During any period for which no person has been designated as the manager of a factory or during which the designated person does not manage the factory, then, in that case, any person found acting as manager, or if no such person is found, then, in that case, the occupier himself, shall be deemed to be the manager of the factory for the purposes of this Act.

General Duties of the Occupier

As per the provisions of the Factories Act, 1948, the general duties of the occupier are as follows:

Every occupier is obliged to ensure the health, safety, and welfare of all the workers while they are at work in the factory and as much as is reasonably practicable.
Without prejudice to the generality of the provisions of the above-mentioned point, the matters to which such duty extends shall include-

1. The provision and maintenance of plants and systems of work in the factory that is safe and without risks to health.

2. The arrangements in the factory for ensuring safety and absence of risks to health in connection with the use, storage, handling, and transport of substances and articles.

3. The provisions of such information, training, instruction, and supervision, as are necessary to ensure the health and safety of all workers at work.

4. 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.

5. The provision, monitoring, and maintenance of such a 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.

Except in such cases as may be prescribed as per this Act, every occupier is obliged to prepare, and as often as may be appropriate, revise a written statement of his general policy with respect to the safety and health of the workers at work, and the arrangements and organization for the time being in force, for carrying out that policy. This also involves bringing the statement, and any revisions to it, to the notice of all your workers in such manner as may be prescribed.

Inspectors

As per the provisions of the Factories Act, 1948,

By a notification in the Official Gazette, the State Government may appoint such persons who possess the prescribed qualifications to be Inspectors for the purposes of this Act, and they may even assign them to such local limits as they may think fit.
Additionally, by notification in the Official Gazette, the State Government may also appoint any person as the Chief Inspector, who shall, in addition to the powers conferred on by the provisions of this Act, also exercise the powers of an Inspector throughout the State.

Note: The State Government shall 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 along with the notification of their appointment. In addition to these specified powers, they shall also exercise the powers of an Inspector throughout the State.

No person appointed as per the provisions discussed above shall continue to hold office if he or she becomes directly or indirectly interested in a factory, or in any process or business carried on therein, or in any machinery, or in any patent connected therewith.
Every District Magistrate shall be an Inspector for his district.
If in any area there is more than one Inspector, then the State Government may, by notification as mentioned above, declare the powers which such Inspectors shall respectively exercise and the Inspector to whom the prescribed notices are to be sent.
Every Chief Inspector, Joint Chief Inspector, Additional Chief Inspector, Deputy Chief Inspector, Inspector, and every other officer appointed under this section, shall be considered to be a public servant within the meaning of the Indian Penal Code (45 of 1860) and shall officially be the subordinate to such authority as the State Government may specify in this behalf.

Powers of Inspectors

As per the provisions of the Factories Act, 1948, the powers of Inspectors within the local limits for which he or she is appointed are:

Enter, with such assistants, being persons in the service of the Government, or any local, or other public authority, or with an expert, as he thinks fit, any place which is used, or which he or she has reason to believe is used, as a factory.
Make an examination of the plant, machinery, premises, substance, or article.
Inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot, or otherwise statement of any person, which he may consider necessary for such inquiry.
Require the production of any prescribed register or any other document relating to the factory.
Seize, or take copies of, any register, record, or other document or any portion thereof, as he or she may consider necessary in respect of any offense under this Act, which he or she has reason to believe, has been committed.
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 the second bullet point of this section.
Take measurements and photographs and make such recordings as he or she considers necessary for the purpose of any examination under the second bullet point of this section and for doing so, taking any necessary instrument or equipment.
In case of any substance or any article found on any premises, being a substance or an article which appears to him or her 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 substance or article or a part thereof, and detain it for so long as is necessary for such examination.
Exercise such other powers as may be prescribed.

Certifying Surgeons

As per the provisions of the Factories Act, 1948,

The State Government may appoint such 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.
With the approval of the State Government, the certifying surgeon may authorize any medical practitioner to exercise any of his or her 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. References in this Act to a certifying surgeon shall be deemed to include references to any qualified medical practitioner when so authorized.
No person shall be appointed to be or authorized to exercise the powers of a certifying surgeon, or having been so appointed or authorized, 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, or on in any patent or machinery connected therewith or is otherwise in the employ of the factory.
The certifying surgeon shall carry out such duties as may be prescribed in connection with:

The examination and certification of young persons under this Act.
The examination of persons engaged in factories in such dangerous processes or occupations as may be prescribed.
The exercising of such medical supervision as may be prescribed for any factory or class or description of factories where-
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.
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.
Young persons are or are about to be, employed in any work which is likely to cause injury to their health.

Note: 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).

Cleanliness

Under Chapter 3: Health of the Factories Act, 1948, the provisions related to cleanliness are:

Every factory shall be kept clean and free from effluvia arising from any drain, privy, or other nuisance, and in particular:

Accumulation of refuse and dirt shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from passages and staircases and disposed of in a suitable manner.
The floor of every workroom shall be cleaned at least once in every week by washing. Wherever necessary, this cleaning should be done using a disinfectant or by some other effective method.
Where a floor is liable to become wet in the course of any manufacturing process to such extent as it is capable of being drained, effective means of drainage shall be provided and maintained.
All inside partitions and walls, all ceilings or tops of rooms, and all walls, sides, and tops of passages and staircases shall-
Where they are painted otherwise, then with washable water-paint or varnished, be repainted or re-varnished at least once in every period of five years. However, if they are painted with washable water paint, then they should be repainted with at least one coat of such paint at least once in every period of three years, and they should also be washed at least once in every period of six months.
Where they are painted or varnished or where they have smooth impervious surfaces, they should be cleaned at least once in every period of fourteen months by such methods as may be prescribed.
In any other case, they should be whitewashed or color-washed, and the whitewashing or color washing should be carried out at least once in every period of fourteen months.

5. All the window frames and doors and other metallic or wooden framework and shutters shall be kept painted or varnished, and the painting or varnishing shall be carried out at least once in every period of five years.

6. The dates on which the processes required by pointers 4 and 5 are carried out shall be entered in the prescribed register.

Note: If in view of the nature of the operations carried on in a factory or class or description of factories or any part of a factory or class or description of factories, it is not possible for the occupier to comply with all or any of the above-mentioned provisions in this sub-section, then the State Government, may by order, exempt such factory or class or description of factories or part from any of these provisions, and specify alternative methods for keeping the factory in a clean state.

Disposal of Wastes and Effluents

As per the provisions of the Factories Act, 1948, part of Chapter 3: Health,

In every factory, effective arrangements shall be made for the treatment of effluents and wastes due to the manufacturing process carried on therein so as to render them innocuous and for their disposal.
The State Government may make rules prescribing the arrangements to be made under the first bullet point of this section or requiring that the arrangement be made in accordance with the first bullet point of this section, having to be approved by such authority as may be prescribed.

Ventilation and Temperature

Under the provisions of the Factories Act 1948, part of Chapter 3: Health

In every factory, effective and suitable provisions should be made for securing and maintaining in every workroom:

Adequate ventilation by the circulation of fresh air
Such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health and, in particular-
Walls and roofs shall be of such material and so designed that such temperature shall not be exceeded but rather kept as low as practicable.
Where the nature of the work carried on in the factory involves, or is likely to involve, the production of excessively high temperatures, such adequate measures as are practicable shall be taken to protect your workers therefrom. This involves separating the process which produces such temperatures from the workroom by insulating the hot parts or by other such effective means.

The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that. This will also involve proper measuring instruments, at such places, and in such a position as may be specified, shall be provided, and such records, as may be prescribed, shall be maintained.
If it appears to the Chief Inspector that excessively high temperatures in any factory can be reduced by the adoption of suitable measures, then he or she may, without prejudice to the rules made under the preceding bullet point of this section, serve on you- the occupier, an order in writing, specifying the measures which, in his opinion, should be adopted. Such an order will also have the date by which such measures should be carried out by the occupier.

Dust and Fume

As per the provisions of Chapter 3: Health, of the Factories Act 1948,

In every factory, in which, by reason of the manufacturing process carried on, there is given off any fume or dust, or other impurities of such a nature, and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantified, then, in that case, you will have to take effective measure to prevent its inhalation and accumulation in any workroom. If any exhaust appliance is necessary for this purpose, then it shall have to be applied as near as possible to the point of origin of the fume, dust, or other impurities, and such point shall be enclosed as far as possible.
In any factory, no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless you have made sure that effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be injurious to workers employed in the room.

Artificial Humidification

As per the provisions of Chapter 3: Health of the Factories Act 1948,

In respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules:

Prescribing the standards of humidification
Regulating the methods used for artificially increasing the humidity of the air
Directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded
Prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms

In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply or other sources of drinking water or shall be effectively purified before it is used.
If the Inspector feels that the water used for the artificial humidification is not effectively purified, then he or she may serve a written order to the manager, specifying the measures which, according to him or her, should be adopted. The order shall also mention the date by which these measures must be adopted.

Overcrowding

Under Chapter 3: Health of the Factories Act, 1948, the provisions related to overcrowding are:

No room in any factory shall be overcrowded to the extent that is injurious to the health of the workers employed therein.
Without prejudice to the preceding provision, every workroom of your factory should be of at least 9.9 cubic meters of space for every worker employed therein if it is in existence on the date of the commencement of this Act. However, if the factory has come into existence after the commencement of this act, then each workroom should be of at least 14.2 cubic meters of space for every worker employed therein. For this calculation, no account shall be taken of any space which is more than 4.2 meters above the level of the floor of the room.
If so required by the Chief Inspector, then a written notice shall be posted in each workroom of your factory, specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room.
The Chief Inspector may by order in writing exempt, subject to such conditions, if any, as he or she may think fit to impose, any workroom of your factory from the provisions of this section if he or she is satisfied that compliance therewith in respect of the room is unnecessary in the interest of the health of the workers employed therein.

Lighting

As per Chapter 3: Health of the Factories Act, 1948, the provisions related to lighting conditions in the factory are:

In every part of your factory where workers are working, or passing, there shall be provided and maintained sufficient and suitable lighting, either natural or artificial, or both.
In your factory, all the glazed windows and skylights used for the lighting for the workrooms shall have to be kept clean on inner and outer surfaces, as well as free from obstruction.
In your factory, the effective provision shall, so far as is practicable, be made for the prevention of:

Glare, either directly from a source of light or by reflection from a smooth or polished surface.
The formation of shadows to such an extent as to cause eye strain or the risk of accident to any worker.

Note: The State Government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories, or for any manufacturing process.

Drinking Water

The provisions for drinking water under Chapter 3: Health of the Factories Act, 1948 are:

In your factory, effective arrangements should be made to provide and maintain at suitable points that are conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water.
All the points referred to in the preceding point should be legibly marked as “drinking water” in a language that is understood by a majority of your workers employed in the factory. No spots of drinking water should be situated within six meters of any urinal, washing place, latrine, spittoon, open drain carrying sullage or effluent, or any other source of contamination. This rule of six meters can only be broken if a shorter distance is approved in writing by the Chief Inspector.
If your factory has ordinarily employed more than two hundred and fifty workers, then you shall have to make provision for cool drinking water during hot weather by effective means and for distribution thereof.

Note: In respect of all factories or any class or description of factories, the State Government may make rules for securing compliance with all the provisions of this section and for the examination by prescribed authorities of the supply and distribution of drinking water in factories.

Latrines and Urinals

The provisions for latrines and urinals under Chapter 3: Health of the Factories Act, 1948 are:

In your factory:

Sufficient urinal and latrine accommodation of prescribed types shall have to be provided such that it is conveniently situated and accessible to workers at all times while they are at the factory.
Separate enclosed accommodation must be provided for male and female workers.
Such accommodation must be adequately lighted and ventilated, and no latrine or urinal shall communicate with any workroom except through an intervening open space or ventilated passage unless the same is specially exempted in writing by the Chief Inspector.
All such accommodations must be maintained in a clean and sanitary condition at all times.
Sweepers must be employed, with their primary duty being to ensure that all latrines, urinals, and washing places are clean.

If your factory ordinarily employs more than two hundred and fifty workers:

All urinal and latrine accommodations must be of prescribed sanitary types.
The internal walls and floors of the latrines, urinals, and sanitary blocks, up to a height of ninety centimeters, must be laid in glazed tiles or otherwise finished to provide a smooth polished impervious surface.
Without prejudice to the preceding sub-point 2, the floors, portions of the walls and blocks, so laid or finished, and the sanitary pans of urinals and latrines must be thoroughly washed and cleaned at least once in every seven days with suitable disinfectants or detergents or with both.

The State Government may prescribe the number of urinals and latrines to be provided in any factory in proportion to the number of female and male workers that you have ordinarily employed. The State Government may also provide for such further mailers in respect of sanitation in your factory, including the obligation of your workers in this regard, as it considers necessary in the interest of the health of the workers employed therein.

Spittoons

The provisions for spittoons under Chapter 3: Health of the Factories Act, 1948 are:

Your factory should provide a sufficient number of spittoons in convenient places. These should be maintained in a clean and hygienic condition.
The State Government may make rules prescribing the type and number of spittoons to be provided and their location in a factory and may even provide for such further matters relating to its maintenance in a clean and hygienic condition.
No person shall spit within the premises of your factory except in the spittoons provided for this purpose. To ensure compliance, you are required to put up a notice displayed prominently at suitable places on the premises. It should contain this provision, along with the penalty for its violation. However, in case of violation, the fine should not exceed five rupees.

Fencing of Machinery

In Chapter 4: Safety of the Factories Act, 1948, the provisions related to the fencing of machinery are:

In your factory, the following, namely:

Every moving part of a prime mover and every fly-wheel connected to a prime mover, whether the prime mover or fly-wheel is in the engine house or not.
The tailrace and headrace of every water wheel and water turbine.
Any part of a stock bar which projects beyond the headstock of a lathe.
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:
Every part of an electric generator, a motor, or rotary converter
Every part of transmission machinery
Every dangerous part of any other machinery

Shall have to be securely fenced by safeguard or substantial construction which shall be constantly maintained and kept in position, while the parts of machinery that are fencing are in motion or in use-

Provided, however, for the purpose of determining whether any part of the machinery is in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when:

1a. It is necessary to make an examination of any part of the machinery aforesaid while it is in motion or, as a result of such examination, to carry out lubrication or other adjusting operation while the machinery is in motion, being an examination or operation which it is necessary to be carried out while that part of the machinery is in motion, or

2a. In the case of any part of transmission machinery used in such process as may be prescribed (being a process of a continuous nature, the carrying on of which shall be, or is likely to be, substantially interfered with by the stoppage of that part of the machinery), it is necessary to make an examination of such part of the machinery while it is in motion, or, as a result of such examination, to carry out any mounting or shipping of belts or lubrication or other adjusting operation while the machinery is in motion.

Note: Such examination or operation is made or carried out in accordance with the provisions of the first bullet point of the section titled as- “Work On or Near Machinery in Motion.”

The State Government may by rules prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such conditions as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from the provisions of this section.

Work On or Near Machinery in Motion

As per Chapter 4: Safety in the Factories Act, 1948, the provisions for the same are:

If it becomes necessary to examine any part of machinery in your factory as referred to in the preceding section titled as- “Fencing of Machinery”, while the machinery is in motion, or, as a result of such examination, to carry out:

In a case referred to in point 1a of the same section, lubrication or other adjusting operation, or
In a case referred to in point 2a of the same section, any mounting or shipping of belts or lubrication or other adjusting operation,

While the machinery is in motion, then such operation or examination shall be made or carried out only by a specially trained adult male worker wearing tight-fitting clothing (which shall be supplied by you- the occupier) whose name has been recorded in the register prescribed in this behalf, and who has been furnished with a certificate of this appointment, and while he is so engaged-

Such worker shall not handle a belt at a moving pulley unless:

I. The belt is not more than fifteen centimeters in width

II. The pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which case a belt is not permissible)

III. The belt joint is either laced or flush with the belt.

IV. The belt, including the joint and the pulley rim, is in good repair

V. There is a reasonable clearance between the pulley and any fixed plant or structure

VI. Secure foothold and, where necessary, secure handhold, are provided for the operator

VII. Any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person.

Without prejudice to any other provision of this Act relating to the fencing of machinery, every set screw, bolt, and key on any revolving shaft, spindle, wheel, or pinion, and all spur, worm, and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact.

No young person or woman shall be allowed to lubricate, clean, or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion or to lubricate, clean, or adjust any part of any machine, if the lubrication, cleaning, or adjustment thereof would expose the young person or the woman to risk of injury from any moving part either of that machine or of any adjacent machinery.
The State Government may, by notification in the Official Gazette, prohibit, in any specified factory or class or description of factories, the lubricating, cleaning, or adjusting by any person of any specified parts of machinery when those parts are in motion.

Employment of Young Persons on Dangerous Machines

As per Chapter 4: Safety in the Factories Act, 1948, the provisions for the same are:

In your factory, no young person shall be required or allowed to work at any machine to which this section applies unless he has been fully instructed about the dangers arising in connection with the machine and the precautions to be observed. Additionally, he should also:

Have received sufficient training in work at the machine, or
Be under adequate supervision by a person who has a thorough knowledge and experience of the machine.

Note: This provision shall apply to such machines as may be prescribed by the State Government, being machines which, in its opinion, are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with.

Striking Gear and Devices for Cutting Off Power

Under Chapter 4: Safety of the Factories Act, 1948, the provisions for the same are:

In your factory,

Suitable striking gear or other efficient mechanical appliances should be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery. Such appliances and gears should be so constructed, placed, and maintained that it prevents the belt from creeping back on the fast pulley.
When the driving belts are not being used, they should not be allowed to rest or rise upon shafting in motion.
Your factory should have suitable devices for cutting off power from running machinery in cases of emergencies. These devices should be provided and maintained in every workroom. If, however, your factory has been established since before the commencement of this Act, then this provision will apply to only those workrooms which use electricity as power.
When a device, which can inadvertently shift from “off” to “on” position, is provided in your factory to cut off the power, you should also make arrangements for locking the device in a safe position. This will prevent the transmission machinery or other machines to which the device is fitted from accidentally starting.

Self-Acting Machines

As per the provisions of Chapter 4: Safety of the Factories Act, 1948,

No traversing part of a self-acting machine and no material carried thereon shall, if the space over which it runs in a space over which any person is liable to pass, whether in the course of his or her employment or otherwise, be allowed to run on its inward or outward traverse within a distance of forty-five centimeters from any fixed structure which is not part of the machine.

However, the Chief Inspector may permit the continued use of such a machine if it was installed before the commencement of this Act. The Chief Inspector will allow this even if the provisions of this section are not being complied with, however, this permission would be subject to conditions that he or she imposes in order to ensure the safety of your workers.

Casing of New Machinery

Under Chapter 4: Safety of the Factories Act, the provisions for the same are:

In all machinery driven by power and installed in your factory after the commencement of this Act:

Every set screw, bolt, or key on any revolving shaft, wheel, spindle, or pinion shall be so encased, sunk, or otherwise effectively guarded as to prevent danger.
All spur, worm, and other toothed or friction gearing which does 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.

Whoever sells, or lets on hire or, as the agent of a seller or hirer, causes or procures to be sold or let on hire, for use in your factory, any machinery driven by the power which does not comply with the preceding provisions or any further rules made by the State Government as per the follow-up provisions, shall be punishable with imprisonment for a term of maximum three months, or with a fine of maximum five hundred rupees, or with both.
The State Government may make rules specifying further safeguards to be provided in respect of any other dangerous part of any particular machine or class or description of machines.

Prohibition of Employment of Women and Children Near Cotton-Openers

As per Chapter 4: Safety of the Factories Act, 1948, the provisions for the same are:

You should not employ a woman or a child in any part of your factory for pressing cotton in which a cotton opener is at work.
However, if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, then you can employ women or children on the side of the partition where the feed-end is situated.

Hoists and Lifts

Under Chapter 4: Safety of the Factories Act, 1948, the provisions for the same are:

In your factory,

Every hoist and lift shall be:
Of good mechanical construction, adequate strength, and sound material.
Properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months. A register should be maintained, recording the prescribed particulars of every such examination.

2. Every lift way and hoist way should be sufficiently protected by an enclosure that is fitted with gates. The lift or hoist, and every such enclosure should be constructed in such a way that it prevents any person or thing from getting trapped between any part of the lift or the hoist and any fixed structure or moving part.

3. On every lift or hoist, the maximum safe working load shall be marked plainly, and then no load greater than the mentioned load shall be carried thereon.

4. The cage of every lift or hoist used for carrying persons should be fitted with a gate on each side, from which access is afforded to a landing.

5. Every gate referred to in the preceding points 2 and 4 should be fitted with interlocking or other efficient devices to ensure that the gate cannot be opened except when the cage is at the landing. It should also have a device that ensures that the cage cannot be moved unless the gate is closed.

The following additional requirement shall apply to lifts and hoists used for carrying persons and which were installed or reconstructed in your factory after the commencement of this Act. They are:

Where the cage is supported by a chain or rope, there should be at least two ropes or chains separately connected with the cage, and they should be connected in such a manner that they balance the weight. Also, each of these ropes or chains with its attachments should be capable of carrying the whole weight of the cage together, with its maximum load.
Efficient devices which are capable of supporting the cage together with its maximum load in the event of breakage of chains, ropes, or attachments, should be provided and maintained.
To prevent the cage from over-running, an efficient automatic device should be provided and maintained.

The Chief Inspector may permit the continued use of a lift or hoist that was installed in your factory before the commencement of this Act, even if it does not fully comply with the provisions discussed above in this section. However, this permit would be subject to compliance with conditions for safety, as he or she may think fit to impose.
The State Government may if, in respect of any class or description of lift or hoist, it is of the opinion that it would be unreasonable to enforce any requirement of the above-discussed provisions of this section, by order direct that such requirement shall not apply to such description or class of lift or hoist.

Note: For the purposes of this section, no lifting appliance or machine shall be deemed to be a lift or hoist unless it has a cage or platform, the direction or movement of which is restricted by a guide or guides.

Lifting Machines, Chains, Ropes, and Lifting Tackles

Under Chapter 4: Safety of the Factories Act, 1948, the provisions for the same are:

In your factory, the following provisions should be complied with in respect of every lifting machine (other than a lift and hoist) and every rope, chain, and lifting tackle for the purpose of lowering or raising goods, materials, or persons:

All parts, including the working gear, whether movable or fixed, of every lifting machine and every rope, chain, or lifting tackle shall be-
Of good construction, adequate strength, sound material, and free from defects
Properly maintained
Thoroughly examined by a competent person at least once in every period of twelve months or at such intervals as the Chief Inspector may specify in writing. A register should be maintained, recording all the prescribed particulars of every such examination.

2. No lifting machine and no rope, chain, or lifting tackle shall, except for the purpose of the test, be loaded beyond the safe working load, which shall be plainly marked thereon together with an identification mark, and duly entered in the prescribed register. Where this is not practicable, a table that shows the safe working loads of every kind and size of lifting machine or rope, chain, or lifting tackle in use should be displayed on your factory premises at prominent positions.

3. If any person is employed or working on or near the wheel track of a traveling crane in any place where he would be liable to be struck by the crane, in that case, effective measures should be taken so as to ensure that the crane does not approach within six meters of that place.

The State Government may make rules in respect of any lifting machine or any rope, chain, or lifting tackle used in factories:

Prescribing further requirements to be complied with in addition to those set out in this section.
Providing for exemption from compliance with all or any of the requirements of this section, where in its opinion, such compliance is unnecessary or impracticable.

For the purposes of this section, a lifting machine or a rope, chain, or lifting tackle shall be deemed to have been thoroughly examined if a visual examination supplemented, if necessary, by other means and by dismantling of parts of the gear, has been carried out as carefully as the conditions permit in order to arrive at a reliable conclusion as to the safety of the parts examined.

Note: In this section, “lifting machine” means a crab, crane, teagle, winch, gin wheel, pulley block, runway, or transporter. “Lifting tackle” means any rope sling, chain sling, swivel, hook, shackle, coupling, clamp, socket, tray, or similar appliance, whether movable or fixed, used in connection with the raising or lowering of loads or persons by use of lifting machines.

Revolving Machinery

As per Chapter 4: Safety of the Factories Act, 1948, the provisions for the same are:

If in your factory the process of grinding is carried on, then there should be a notice permanently affixed to or placed near a machine, specifying the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon such spindle or shaft necessary to secure such safe working peripheral speed.
The speeds indicated in the notice referred to in the preceding point should not be exceeded.
Effective measures should be taken in your factory to ensure that the safe working peripheral speed of every revolving cage, vessel, fly-wheel, basket, disc, pulley, or similar appliance driven by power is not exceeded.

Power to Require Specifications of Defective Parts or Tests of Stability

As per the provisions in Chapter 4: Safety of the Factories Act, 1948,

If it appears to the Inspector that any building or part of a building or any part of the ways, plant, or machinery in a factory is in a condition that might make it dangerous to human life or safety, then he or she may serve to you- the occupier, or to your manager, or to both an order in writing with a specified deadline requiring you (or your manager):

To furnish such drawings, specifications, and other particulars as may be necessary to determine whether such building, machinery, ways, or plant can be used with safety, or
To carry out such tests in such manner as may be prescribed in the order and to inform the Inspector of the results thereof.

Safety of Buildings and Machinery

As per Chapter 4: Safety of the Factories Act, 1948, the provisions for the same are:

If it appears to the Inspector that any building or part of a building or any part of the machinery, ways, or plant in your factory is in such a condition that it is dangerous to human life or safety, he or she may serve to you the occupier or to your manager or to both a written order with specific measures which in his or her opinion should be adopted before a certain deadline.
If it appears to the Inspector that the use of any building or part of a building or any part of the machinery, ways, or plant in your factory involves imminent danger to human life or safety, then he or she may serve to you the occupier or to your manager or to both a written order prohibiting its use until it has been properly repaired or altered.

Maintenance of Buildings

Under the provisions specified in Chapter 4: Safety of the Factories Act, 1948,

If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair, that it is likely to lead to conditions detrimental to the health and welfare of the workers, then he or she may serve to you the occupier or to your manager or to both a written order that specifies the measures which in his or her opinion should be taken. The order will also specify the date before which such measures are required to be carried out.

Safety Officers

As per Chapter 4: Safety of the Factories Act, 1948, the provisions for the same are:

If in your factory:

A thousand or more workers are ordinarily employed, or
In the opinion of the State Government, any manufacturing operation or process is carried on, and which involves risk of bodily injury, disease or poisoning, or any other hazard to health to your employees, then as an occupier, and if so required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification.

The duties, qualifications, and conditions of service of the Safety Officers shall be such as may be prescribed by the State Government.

First-Aid Appliances

As per Chapter 5: Welfare of the Factories Act, 1948, the provisions for the same are:

In your factory, you should provide and maintain first-aid boxes or cupboards equipped with the prescribed contents so that it is readily accessible during all working hours. The number of these first-aid boxes or cupboards that you are providing in your factory should not be less than one for every one hundred and fifty workers ordinarily employed at any one time in your factory.
Nothing except the prescribed contents should be kept in first-aid boxes or cupboards.
Each of the first-aid boxes or cupboards shall be kept in the charge of a separate responsible person who should be holding a certificate in first-aid treatment, recognized by the State Government. This person should always be readily available during the working hours of your factory.
If you have more than five hundred workers ordinarily employed, then you should also provide and maintain an ambulance room of the prescribed size, containing the prescribed equipment. This room should be in charge of such medical and nursing staff as may be prescribed. You will also have to make sure that those facilities are always readily available during the working hours of your factory.

Weekly Hours, Weekly Holidays and Compensatory Holidays

Under Chapter 6: Working Hours of Adults of the Factories Act, the provisions for the same are:

You should make sure that none of your adult workers are required or allowed to work in your factory for more than forty-eight hours in any week.

Note: Thus, none of your adult workers should be required or allowed to work in your factory for more than nine hours on any day unless you have previous approval from the Chief Inspector to increase the daily hours of your workers in order to facilitate the change of shifts. Also, the working periods of your adult workers should be fixed in the manner that they do not need to work continuously for more than five hours without having an interval for the rest of at least half an hour.

You should ensure that none of your adult workers are required or allowed to work in your factory on the first day of the week (referred to as “said day”) unless:

He or she has or will have a holiday for a whole day on one of the three days immediately before or after the said day.
The manager of your factory has, before the said day or the substituted day as per point 1, whichever is earlier-
Delivered a notice at the office of the Inspector of his or her intention to require the worker to work on the said day and of the day which is to be substituted, and
Displayed a notice to that effect in the factory.

Note: Provided that no substitution shall be made which will result in any of your other workers working for more than ten consecutive days without a holiday for a whole day.

Notices given as per the first bullet point of this section may be canceled by a notice delivered at the office of the Inspector. As for the notice displayed in the factory, it should be canceled not later than the day before the said day or the holiday to be canceled, whichever is earlier.
If, in accordance with the provisions of the first bullet point of this section, any of your workers work on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his or her weekly hours of work, be included in the preceding week.
If, as a result of the passing of an order or the making of a rule under the provisions of this Act that exempts your factory or your workers from the above-discussed provisions in this section, due to which a worker is deprived of any of the weekly holidays for which the provision was made in the first bullet point of this section, he or she shall be allowed, within the month in which the holidays were due to him or her, or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.

Note: If a worker in your factory works for more than nine hours in any day or for more than forty-eight hours in any week, then he or she shall be entitled to wages at the rate of twice his ordinary rate of wages in respect of overtime work.

Register of Adult Workers

As per the Factories Act, 1948, the provisions for the same are:

The manager of your factory is obliged to maintain a register of all your adult workers. This register is to be available to the Inspector at all times during the working hours, or even when any work is being carried on in the factory, showing:

The name of each adult worker in the factory
The nature of his work
The group, if any, in which he is included.
Where his group works on shifts, the relay to which he is allotted
Such other particulars as may be prescribed

Note: If the Inspector is of the opinion that any muster roll or register maintained in your factory as part of routine gives in respect of any or all your workers in the factory, the particulars required under this section, then through a written order, he or she may direct that such muster roll or register should to the corresponding extent be maintained in place of, and be treated as the register of adult workers in your factory.

No adult workers should be required or allowed to work in your factory unless his name and other prescribed particulars have been recorded in the register of adult workers.
The State Government may prescribe the form of the register of adult workers, the manner in which it should be maintained, as well as the period for which it should be preserved.

Note: In your factory, no adult worker should be required or allowed to work except only in accordance with the notice of periods of work for adults displayed in the factory. Also, having entries made in advance against his name in the register of adult workers of your factory is a must for him to be able to work.

Power to Apply the Act to Certain Premises

Under the Factories Act, 1948, Chapter 9: Special Provisions, the provisions for the same are:

By notification in the Official Gazette, the State Government may 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:

The number of persons employed by you is less than ten if they are working with the aid of power, and in case if they are working without the aid of power, then the number of persons employed should be less than twenty.
If the persons working in your factory are not employed by you (the owner) but are rather working with your permission or as per an agreement with you. However, here, the manufacturing process should not be carried on by you (the owner) only with the aid of your family.

After a place is so declared, it shall be deemed to be a factory for the purposes of this Act, and you (the owner) shall be deemed to be the occupier, and any person working therein, a worker.

Note: For the purposes of this section, “owner” shall include a lessee or mortgage with possession of the premises.

Power to Exempt Public Institutions

Under the Factories Act, 1948, Chapter 9: Special Provisions, the provisions for the same are:

Subject to such conditions as the State Government may consider necessary, it may exempt any workshop or workplace where a manufacturing process is carried on, and which is attached to a public institution, maintained for the purposes of training, education, research, or reformation, from all or any of the provisions of this Act.
However, 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 State 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 of the institution, and the State Government is satisfied that the provisions of the scheme are not less favorable than the corresponding provisions of this Act.

Dangerous Operations

Under Chapter 9: Special Provisions of the Factories Act, 1948, the provisions for the same are:

Where the State Government is of the opinion that any manufacturing operations or processes carried out in your factory are exposing your employees and workers to a serious risk of bodily injury, disease, or poisoning, then it may make rules applicable to your factory:

Specifying the manufacturing operations and processes and declaring them to be dangerous.
Restricting or prohibiting the employment of children, adolescents, and women in those manufacturing operations or processes.
Providing for the periodical medical examination of persons employed, or seeking to be employed, in the manufacturing operation or process, and prohibiting the employment of persons not certified as fit for such employment. In these cases, you- as the occupier of the factory will be obliged to pay the fees for such medical examination.
Providing for the protection of all persons employed in the manufacturing operation or process or in the vicinity of the places where it is carried on.
Restricting, prohibiting, or controlling the use of any specified materials or processes in connection with the manufacturing process or operation.
Requiring the provision of additional welfare amenities and sanitary facilities, and the supply of protective clothing and equipment, and laying down the standards thereof, having regard to the dangerous nature of the manufacturing operation or process.

Power to Prohibit Employment on Account of Serious Hazard

Under Chapter 9: Special Provisions of the Factories Act, 1948, the provisions for the same are:

Where it appears to the Inspector that the conditions in your factory or part thereof are such that they may cause a serious hazard by way of injury or death to your employees and workers or to the general public in the vicinity, then he or she may give you- the occupier of the factory a written order, stating the particulars in respect of which he or she considers the factory or part thereof to be the cause of such serious hazard, and prohibit you from employing any person in your factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed.
Any such order, as referred to in the preceding pointer, shall have effect for a period of three days until further extended by the Chief Inspector through a subsequent order.
If you are aggrieved by such an order by the Inspector or the Chief Inspector or by both, then you have the right to appeal to the High Court.
Any person whose employment has been affected by an order issued as per the preceding provisions of this section shall be entitled to wages and other benefits. As the occupier, it shall be your duty to provide alternative employment to him wherever possible and in the manner prescribed.

Notice of Certain Accidents

Under Chapter 9: Special Provisions of the Factories Act, 1948, the provisions for the same are:

If an accident occurs in your factory which causes death, or which causes any bodily injury, due to which the person injured is prevented from working for a period of forty-eight hours or more immediately following the accident, or which is of such nature as may be prescribed in this behalf, then the manager of your factory is obliged to send a notice of the same to such authorities, and in such form and within such time, as may be prescribed.
However, if the notice sent above is about an accident that has caused death, then the authority to whom the notice is sent shall make an inquiry into the occurrence within one month of the receipt of the notice, or if such authority is not the Inspector, then make sure that the Inspector makes an inquiry within the said period.
Under this section, the State Government may make rules for regulating the procedure at inquiries.

Notice of Certain Dangerous Occurrences

Under Chapter 9: Special Provisions of the Factories Act,

If in your factory any dangerous occurrence of such nature as may be prescribed occurs, whether causing bodily disability or injury or not, the manager of your factory is obliged to send a notice of the same to such authorities, and in such form, and within such time, as may be prescribed.

Power to Direct Inquiry into Cases of Accident or Disease

Under Chapter 9: Special Provisions of the Factories Act, 1948, the provisions for the same are:

If it considers expedient to do so, the State Government may 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 Third Schedule of this Act has been or is suspected of having been contracted in a factory. The State Government may also appoint one or more persons possessing special or legal knowledge to act as assessors in such inquiry.
The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act, and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code (45 of 1860).
The person holding an inquiry under this section shall make a report to the State Government stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and in addition, any observations which he or any of the assessors may think fit to make.
The State Government may, if it thinks fit, cause to be published any report made under this section or any extracts therefrom.
The State Government may make rules for regulating the procedure at inquiries under this section.

Presumption as to Employment

As per Chapter 10: Penalties and Procedure of the Factories Act, 1948, the provisions for the same are:

If your employee or worker is found in your factory at any time, except during intervals for meals or rest, when work is going on, or the machinery is in motion, in that case, until it is proven the contrary, for the purposes of this Act and the rules made thereunder, he shall be deemed to have been at that time employed in the factory.

Obligations of Workers

Under the Factories Act, 1948, the provisions for the same are:

No worker of your factory:

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.
Shall wilfully and without reasonable cause do anything likely to endanger himself or others.
Shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the safety or health of the workers therein.

If any of your workers contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term of maximum of three months, or with a maximum of one hundred rupees, or both.

Right of Workers

Under the Factories Act, 1948, the provisions for the same are:

Every worker shall have the right to:

Obtain from you- the occupier, information relating to your workers’ health and safety at work.
Get trained within the factory wherever possible, or to get himself sponsored by you- the occupier for getting trained at a training center or institute, duly approved by the Chief Inspector, where training is imparted for workers’ safety and health at work.
Represent to the Inspector directly or through his representative in the matter of inadequate provision for the protection of his safety or health in the factory.

Application of Act to Government Factories

Unless otherwise provided, this Act shall apply to factories belonging to the Central or any State Government.

Act to have Effect Notwithstanding Anything Contained in Act 37 of 1970

The provisions of this Act shall effect notwithstanding anything inconsistent therewith contained in the Contract Labor (Regulation and Abolition) Act, 1970, or any other law for the time being in force.

Form 9: Register of Workers Employed for Work On or Near Machinery in Motion

In your factory, a register shall be maintained in a given factory in which the name and other particulars of every such worker may be employed for such operation or examination.

Form 9: Prescribed under Rule 58

Register of Workers Employed for Work On or Near Machinery in Motion

1. Name of worker :

2. Serial number as in the register of workers under section 62 :

3. Father’s name :

4. Date of birth and age :

5. Nature of work :

6. Qualifications, if any, or period of service on similar work :

7. Date when tight fitting clothing was provided :

8. Remarks :

I certify that the above mentioned worker whose signature or left hand thumb impression is given below is a properly trained male adult worker who is competent to mount or shift belts, lubricate or do other adjusting operations on the machinery installed in my factory while they are in motion.

Signature or left hand thumb impression of worker :

Signature of Occupier :

Date :

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With Deskera People, you would be able to efficiently manage all your registers and records of your factory, its operations and processes, accidents, injuries and death, and also details of where your workers and employees are employed. This will make it easier for you to fill up the Form 9: Register of Workers Employed for Work On or Near Machinery in Motion.

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Key Takeaways

The Factories Act of 1948 was set-up to protect the health, safety and welfare of the workers employed in a factory. Through the rules and provisions of this Act, it is ensured that the workers are not exploited in their workplaces because their working hours are regulated, it is made sure that their due wages are paid on time and in full, and the working conditions of their workplace is well-maintained.

One of the riskiest employment is one that is on or near machinery in motion. This employment is so risky that if adequate measures are not taken to ensure the safety of the workers involved, then it can easily lead to accidents that ends up with bodily injuries or even deaths.

To prevent this from happening, and to ensure that the occupiers of the factory are held responsible for any mishaps, the Factories Act has mandated a register (Form 9) to be maintained of all the workers employed on or working near machinery in motion. This register should have all the relevant and prescribed information like the nature of work of a particular worker.

In case accidents, the Act has also made it mandatory for it to be reported to the concerned authorities, who will then come and make inquiries about it within thirty days of having received a notice of the same. Thus, Form 9, a compliance form under the Factories Act, 1948 is a must if you have workers employed on or near machinery in motion.