OSHBot/osh_sections_vectors huggingface dataset:
66. (1) In case of an emergency involving serious risk to the safety of  the mine or of
persons employed therein, or in case of an accident, whether actual or apprehended, or in
case of any act of God or in case of any urgent work to be done to machinery, plant or
equipment of the mine as a result of breakdown of such machinery plant or equipment, the
manager may, subject to the provision of clause (B) of sub-section (1) of section 38 and in
accordance with the provisions as specified in section 25 relating to exemption from weekly
day of rest, hours of work above ground, hours of work below ground and notices regarding
hours of work relating to mines, permit persons to be employed in contravention of sections
25, 30 and sub-section (1) of section 31 on such work as may be necessary to protect the
safety of the mine or of the persons employed therein:
Provided that in case of any urgent work to be done to machinery, plant or equipment
under this section, the manager may take the action permitted by this section, although the
production of mineral would thereby be incidentally affected, but any action so taken shall
not exceed the limits necessary for the purpose of avoiding serious interference with the
ordinary working of the mine.
(2) Every case in which action has been taken by the manager under sub-section (1),
shall be recorded together with the circumstances relating thereto and a report thereof shall
also be made to the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator.
Code not to
apply in
certain cases.
Exemption
from
provision
regarding
employment.
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67. (1) No person below eighteen years of age shall be allowed to work in any mine or
part thereof.
(2) Notwithstanding anything contained in sub-section (1), apprentices and other
trainees, not below sixteen years of age, may be allowed to work, under proper supervision,
in a mine or part thereof  by the manager as referred to in section 64:
Provided that, in the case of trainees, other than apprentices, prior approval of the
Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator shall be obtained before
they are allowed to work.
(3) The Central Government may prescribe the provisions for medical examination of
apprentice, other trainee and employee in the mine to ensure their fitness to work and to
prevent the persons below sixteen years of age to work as apprentice or trainee and those
who are not adults to work as such employee.
Explanation.—In this section, “apprentice” means an apprentice as defined in
clause (a) of section 2 of the Apprentices Act, 1961.
68. If any question arises as to whether any excavation or working (or premises in or
adjacent to and belonging to a mine, on which any process ancillary to the getting, dressing
or preparation for sale of minerals or of coke is being carried on) is a mine within the meaning
of this Code, the Central Government may decide the question, and a certificate signed by a
Secretary to the Central Government in the point.
PART IV
BEEDI AND CIGAR WORKERS
70. Any person aggrieved by the decision of the competent authority refusing to
grant or renew a licence or cancelling or suspending a licence may, within such time and on
payment of such fees as may be prescribed, appeal to such authority as the State Government
may, by notification, specify in this behalf, and such authority may by order confirm, modify
or reverse any order refusing to grant or renew a licence or cancelling or suspending a
licence.
71. (1) The State Government may permit, the wetting or cutting of beedi or tobacco
leaves by employees outside the industrial premises on an application made to it by the
employer on behalf of such employees, as may be prescribed.
(2) The employer shall maintain the record of the work permitted under sub-section (1),
to be carried on outside the industrial premises, in the form as may be prescribed.
(3) Save as otherwise provided in this section, no employer shall require or allow any
manufacturing process connected with the making of beedi or cigar or both to be carried on
outside the industrial premises:
Provided that nothing in this sub-section shall apply to any labour who is given raw
material by an employer or a contractor to make beedi or cigar or both at home.
72. Nothing contained in this Part shall apply to the owner or occupier of a private
dwelling house, not being an employee of an employer to whom this Part applies, who
carries on any manufacturing process in such private dwelling house with the assistance of
the members of his family living with him in such dwelling house and dependent on him.
Explanation.—For the purposes of this section,—
(i) “family” does not include child, as defined in the Child and Adolescent
(Prohibition and Regulation) Act, 1986, for this section.
Appeals.
Permission
to work by
employees
outside
industrial
premises.
Part not to
apply to self-
employed
persons in
private
dwelling
houses.
61 of 1986.
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(ii) “private dwelling house” means a house in which persons engaged in the
manufacture of beedi or cigar or both, reside.
PART V
BUILDING AND OTHER CONSTRUCTION WORKERS
74. (1) The appropriate  Government may make rules in  respect of  factory or class or
description of factories for—
(a) the submission of plans including specifications, nature and certification
thereof;
(b) the previous permission for the site on which the factory is to be situated
and for the construction or extension thereof; and
(c) registration and  licensing and renewal thereof including fees to be payable
for such registration, licensing and renewal, as the case may be.
(2) If on an application for permission referred to in clause (b) of sub-section (1)
accompanied by the plans and specifications required by the rules made under clause (c) of
that sub-section, sent to the State Government or Chief Inspector-cum-Facilitator in the
mode prescribed including electronic mode, no order is communicated to the applicant
within three months from the date on which it is so sent, the permission applied for in the
said application shall be deemed to have been granted.
(3) Where a State Government or a Chief  Inspector-cum-Facilitator refuses to grant
permission to the site, construction or extension of a factory and licensing of a factory, the
applicant may within thirty days of the date of such refusal appeal to the Central Government
if the decision appealed from was of the State Government and to the State Government in
any other case.
Explanation.—A factory shall not be deemed to be extended within the meaning of
this section by reason only of the replacement of any plant or machinery or within such
limits as may be prescribed, of the addition of any plant or machinery if such replacement or
addition does not reduce the minimum clear space required for safe working around the plant
or machinery or adversely affect the environmental conditions from the evolution or emission
of steam, heat or dust or fumes injurious to health.
75. Where any premises or separate buildings are leased to different occupiers for use
as separate factories, the owner of the premises and occupiers of the factories utilising such
common facilities which include safety and fire prevention and protection, access, hygiene,
occupational health, ventilation, temperature, emergency preparedness and response,
canteens, shelter, rest rooms and crèches shall jointly and severally be responsible for
providing maintenance of such common facilities and services as may be prescribed by the
appropriate Government.
76. (1) The appropriate  Government may, by notification in the Official Gazette,
declare that all or any of the provisions of this Part 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 irrespective of the number of workers working in the factory.
(2) After a place is so declared, it shall be deemed to be a factory for the purposes of
this Code, and the owner shall be deemed to be the occupier, and any person working
therein, a worker.
Prohibition
of
employment
of certain
persons in
certain
building or
other
construction
work.
Approval
and licensing
of factories.
Liability of
owner of
premises in
certain
circumstances.
Power to
apply Code
to certain
premises.
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Explanation.—For the purposes of this section, “owner” shall include a lessee or
mortgagee with possession of the premises.
77. The appropriate Government may by rules make the provisions relating to any
factory or class or description of factories in which manufacturing process or operation is
carried on which exposes any of the persons employed in it to a serious risk of bodily injury,
poisoning or disease, for—
(a) specifying the manufacturing process or operation and declaring it to be
dangerous;
(b) prohibiting or restricting the employment of pregnant women in the
manufacturing process or operation;
(c) the  periodical  medical examination before, or at any time during the
employment to ascertain the fitness of a worker or employee for such employment on
the cost of the occupier; and
(d)  welfare amenities, sanitary facilities, protective equipment and clothing and
any other requirement necessary for dangerous operations.
78. (1) The appropriate Government may, constitute one or more site appraisal
committees consisting of a chairman and other members, for such purpose as may be
prescribed including  to consider and to give recommendations on an application for grant
of permission for the initial location of a factory involving a hazardous process or for the
expansion of such factory.
(2) The site appraisal committee referred to in sub-section (1) shall make its
recommendation within a period of ninety days of the receipt of the application for any of the
purpose referred to in the said sub-section in such form, as may be prescribed.
79. (1) The occupier of every factory involving a hazardous process shall disclose in
the manner prescribed by the State Government all information regarding dangers, including
health hazards and the measures to overcome such hazards arising from the exposure to or
handling of the materials or substances in the manufacture, transportation, storage and
other processes, to the workers employed in the factory, the Chief Inspector-cum-Facilitator,
the local authority within whose jurisdiction the factory is situated and the general public in
the vicinity.
(2) The occupier shall, at the time of registering the factory involving a hazardous
process, lay down a detailed policy with respect to the health and safety of the workers
employed therein and intimate such policy to the Chief Inspector-cum-Facilitator and the
local authority and, thereafter, at such intervals as may be prescribed by the State Government,
inform the Chief Inspector-cum-Facilitator and the local authority of any change made in the
said policy.
(3) The information furnished under sub-section (1) shall include accurate information
as to the quantity, specifications and other characteristics of wastes and the manner of their
disposal.
(4) Every occupier shall, with the approval of the Chief Inspector-cum-Facilitator,
draw up an on-site emergency plan and detailed disaster control measures for his factory
and make known to the workers employed therein and to the general public living in the
vicinity of the factory the safety measures required to be taken in the event of an accident
taking place.
(5) Every occupier of a factory shall, if such factory proposes to engage in a hazardous
process at any time after the commencement of this Code, within a period of thirty days
before the commencement of such process, inform the Chief Inspector-cum-Facilitator about
the nature and details of the process in such form and in such manner as may be prescribed
by the State Government.
Dangerous
operations.
Constitution
of site
appraisal
committee.
Compulsory
disclosure of
information
by occupier.
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(6) Where any occupier of a factory contravenes the provisions of sub-section (5),
the licence issued under section 74 to such factory shall, notwithstanding any penalty
which may be imposed on the occupier of factory under the provisions of this Code, be liable
for cancellation.
(7) The occupier of a factory involving a hazardous process shall, with the previous
approval of the Chief Inspector-cum-Facilitator, lay down measures for the handling, usage,
transportation and storage of hazardous substances inside the factory premises and the
disposal of such substances outside the factory premises and publicise them in the manner
prescribed by the State Government among the workers and the general public living in the
vicinity.
80. Every occupier of a factory involving any hazardous process shall—
(a) maintain accurate and up-to-date health records or, as the case may be,
medical records, of the workers in the factory who are exposed to any chemical, toxic
or any other harmful substances which are manufactured, stored, handled or transported
and such records shall be accessible to the workers subject to such conditions as may
be prescribed by the State Government;
(b) appoint persons who possess qualifications and experience in handling
hazardous substances and are competent to supervise such handling within the factory
and to provide at the working place all the necessary facilities for protecting the
workers in the manner prescribed by the State Government:
Provided that where any question arises as to the qualifications and experience
of a person so appointed, the decision of the Chief Inspector-cum-Facilitator shall be
final;
(c) provide for medical examination of every worker—
(i) before such worker is assigned to a job involving the handling of, or
working with, a hazardous substance; and
(ii)   while continuing in such job, and after he has ceased to work in such
job, at intervals not exceeding twelve months, in such manner as may be
prescribed by the State Government.
81. (1) The Central Government may, in the event of the occurrence of an extraordinary
situation involving a factory engaged in a hazardous process, direct the National Board to
inquire into the standards of health and safety observed in the factory with a view to finding
out the causes of any failure or neglect in the adoption of any measures or standards
prescribed by the State Government for the health and safety of the workers employed in the
factory or the general public affected, or likely to be affected, due to such failure or neglect
and for the prevention and recurrence of such extraordinary situations in future in such
factory or elsewhere.
(2) The recommendations of the National Board shall be advisory in the nature.
82. (1) Where the Central Government is satisfied that no standards of safety have
been prescribed in respect of a hazardous process or class of hazardous processes, or where
the standards so prescribed are inadequate, it may direct the Directorate General Occupational
Safety and Health formerly known as Directorate General of Factory Advice Service and
Labour Institutes or any Institution authorised in matters relating to standards of safety in
hazardous processes, to lay down emergency standards for enforcement of suitable standards
in respect of such hazardous processes.
(2) The emergency standards laid down under sub-section (1) shall, until they are
incorporated in the rules made under this Code, be enforceable and have the same effect as
if they had been incorporated in the rules made under this Code.
Specific
responsibility
of occupier
in relation to
hazardous
processes.
National
Board to
inquire into
certain
situations.
Emergency
standards.
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84. (1) Where the workers employed in any factory engaged in a hazardous process
have reasonable apprehension that there is a likelihood of imminent danger to their lives or
health due to any accident, they may, bring the same to the notice of the occupier, agent,
manager or any other person who is in-charge of the factory or the process concerned
directly or through their representatives in the Safety Committee and simultaneously bring
the same to the notice of the Inspector-cum-Facilitator.
(2) It shall be the duty of such occupier, agent, manager or the person in-charge of the
factory or process to take immediate remedial action if he is satisfied about the existence of
such imminent danger and send a report forthwith of the action taken to the nearest
Inspector-cum-Facilitator.
(3) If the occupier, agent, manager or the person in-charge referred to in sub-section (2)
is not satisfied about the existence of any imminent danger as apprehended by the workers,
he shall, nevertheless, refer the matter forthwith to the nearest Inspector-cum-Facilitator
whose decision on the question of the existence of such imminent danger shall be final.
86. (1) The appropriate Government may prescribe the provisions defining the persons
who hold positions of supervision or management or employed in a confidential position in
a factory or empowering the Chief Inspector-cum-Facilitator to declare any person, other
than a person so defined, as a person holding position of supervision or management or
employed in a confidential position in a factory if, in the opinion of the Chief
Inspector-cum-Facilitator, such person holds such position or is so employed and the
provisions of this Code, shall not apply to any person so defined or declared.
(2) The appropriate Government may, by notification, make rules, in respect of any
worker or class of workers in any establishment or class of establishments, for providing the
exemption, extent of exemption and conditions subject to which such exemption may be
given.
(3) In making rules under sub-section (1) and sub-section (2), the appropriate
Government shall prescribe for any establishment or class of establishments relating to
overtime hours in respect of the following, namely:—
(i)  the total number of hours of work in any day;
(ii) the spread over in any one day;
(iii) the total number of hours of work in a week;
(iv) the total number of hours of overtime in a quarter; and
(v) or any other related aspect.
(4) The appropriate Government or the Chief Inspector-cum-Facilitator may, by order
in writing, exempt on such conditions as it may deem expedient, any or all of the adult
workers in any establishment or class of establishments and any exemption so granted shall
be subject to such conditions as may be prescribed by the appropriate Government.
Permissible
limits of
exposure of
chemicals
and toxic
substances.
Right of
workers to
warn about
imminent
danger.
Appeal
against the
order of
Inspector-
cum-
facilitator in
case of
factory.
Power to
make
exempting
rules and
order.
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Explanation.—“Quarter” means a period of three consecutive months beginning on
the 1st day of January, the 1st day of April, the 1st day of July or the 1st day of October.
CHAPTER XII
OFFENCES AND PENALTIES
87. Save as is otherwise expressly provided in this Code, if in, or in respect of, any
establishment, there is any contravention of the provisions of this Code or rules or regulations
or bye-laws or any of standards, made thereunder or of any order in writing given under the
Code or such rules or regulations or bye-laws or standards,  the employer of the establishment
shall be liable to penalty which shall not be less than two lakhs but  which may extend up to
three lakh rupees, and if the contravention is continued after the conviction, then, with
further fine which may extend to two thousand rupees for each day till the contravention is
so continued.
88. (1) Whoever wilfully—
(i) prevents or causes obstruction to a Chief Inspector-cum-Facilitator or
Inspector-cum-Facilitator or an officer of the appropriate Government or a person
authorised to discharge any duty or to exercise any powers under this Code or the
rules or the regulations or the bye-laws made thereunder, from discharging such duty
or exercising such power; or
(ii) refuses entry to the Chief Inspector-cum-Facilitator or the
Inspector-cum-Facilitator or person or public authority or experts referred to in
clause (i) of sub-section (1) of section 35 to any place where such Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator or such person or authority or
experts is entitled to enter; or
(iii) fails or refuses to produce any document which he is required to produce; or
(iv)  fails to comply with any requisition or order issued to him,
under this Code or the rules, regulations or bye-laws made thereunder then, he shall be
punishable with imprisonment for a term which may extend to three months, or with fine
which may extend to one lakh rupees, or with both.
(2) Where any person convicted of an offence punishable under sub-section (1) is
again convicted of an offence under the same provision, then, he shall be punishable with
imprisonment for a term which may extend to six months, or with fine which shall not be less
than one lakh rupees but which may extend to two lakh rupees, or with both.
89. (1) Any person, who is required under this Code or the rules or regulations or
bye-laws or order made thereunder, to—
(i) maintain any register or other document or to file returns, omits or fails to
maintain such register or document or to file such returns; or
(ii) produce any register or plan or record or report or any other document, omits
or fails to produce such register or plan or record or report or such other document,
then, he shall be liable to penalty which shall not be less than rupees fifty thousand but
which may extend to one lakh rupees.
(2) Where any person convicted of an offence punishable under sub-section (1) is
again convicted of an offence under the same provision, then, he shall be liable to penalty
which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.
90. (1) Any person, who, save as permitted by or under this Code, contravenes, any—
(i) provision of this Code or of any rule, regulation or bye-laws; or
(ii) order prohibiting, restricting or regulating the employment of workers
including women, audio-visual worker and contract labour and employee below
eighteen years of age in case of mines,
General
penalty for
offences.
Punishment
for causing
obstruction
to Chief-
Inspector-
cum-
Facilitator or
Inspector-
cum-
Facilitator,
etc.
Penalty for
non-
maintenance
of register,
records and
non-filing of
returns, etc.
Punishment
for
contravention
of certain
provisions.
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then, he shall be  liable to penalty which shall not be less than fifty thousand but which may
extend to one lakh rupees.
(2) Where any person convicted of an offence punishable under sub-section (1) is
again convicted of an offence under the same provision, then, he shall be punishable with
imprisonment for a term which may extend to three months, or with fine which may extend to
two lakh rupees, or with both.
91. (1) Whoever—
(a) produces false records or counterfeits or knowingly makes or produces or
uses a false statement, declaration or evidence regarding any document in connection
with compliance of any of the provisions of this Code or any rules, regulations or
bye-laws or any order made thereunder; or
(b) falsifies any plan or section, the maintenance of which is required by or
under this Code or produces before any authority such plan or section, knowing the
same to be false; or
(c) makes, gives or delivers knowingly a false plan, section, return, notice, record
or report containing a statement, entry or detail,
then, he shall be punishable with imprisonment for a term which may extend to three months,
or with fine which may extend to one lakh rupees, or with both.
(2) Where any person convicted of an offence punishable under sub-section (1) is
again convicted of an offence under the same provision, then, he shall be punishable with
imprisonment for a term which may extend to six months, or with fine which shall not be less
than one lakh rupees but which may extend to two lakh rupees, or with both.
92. Any person who, without reasonable excuse, the burden to prove such excuse lies
upon him, omits to make or furnish in the prescribed form or manner or at, or within, the
prescribed time any plan, section, return, notice, register, record or report required by or
under any provision of this Code to be made or furnished, then he shall be liable to penalty
which shall not be less than rupees one lakh but which may extend to two lakh rupees.
93. (1) Whoever being the Chief  Inspector-cum-Facilitator or Inspector-cum-Facilitator
or any other person referred to in section 39 or section 116 discloses, contrary to the
provisions of that section, any such information as is referred to in that section without the
consent of the appropriate Government, he shall be punishable with imprisonment for a term
which may extend to three months, or with fine which may extend to one lakh rupees, or with
both.
(2) No court shall proceed to the trial of any offence under this section except with the
previous sanction of the appropriate Government.
94. Whoever, except in so far as it may be necessary for the purposes of a prosecution
for any offence punishable under this Code, publishes or discloses to any person the results
of an analysis, of a sample of substance used or intended to be used in any process under
this Code, shall be punishable with imprisonment for a term, which may extend to six months
or with fine, which may extend to fifty thousand rupees or with both.
95. (1) Whoever fails to comply with or contravenes any of his duties specified under
sub-section (1) or sub-section (2) of section 6 or clause (d) of section 13 in so far as such
duty relates to hazardous processes or section 80,
shall, in respect of such failure or contravention, be punishable with an imprisonment for a
term which may extend to two years and with fine which may extend to five lakh rupees, and
in case the failure or contravention continues, with additional fine which may extend to
twenty-five thousand rupees for every day during which such failure or contravention
continues, after the conviction for the first such failure or contravention.
Punishment
for
falsification
of records,
etc.
Penalty for
omission to
furnish plans,
etc.
Punishment
for disclosure
of
information.
Penalty for
wrongfully
disclosing
results of
analysis.
Penalty for
contravention
of the
provisions of
duties
relating to
hazardous
processes.
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(2) If the failure or contravention referred to in sub-section (1) continues beyond a
period of one year after the date of conviction, the offender shall be punishable with
imprisonment for a term which may extend to three years or with a fine of twenty lakh rupees,
or with both.
96. (1) If a person fails to comply with or contravenes any duties under this Code  or
the rules, regulations, or bye-laws or orders made thereunder and such non-compliance or
contravention has resulted in an accident or dangerous occurrences causing,—
(a) death, he shall be punishable with an imprisonment for a term which may
extend to two years or with a fine which shall not be less than five lakh rupees or with
both; or
(b) serious bodily injury to any person within the establishment, he shall be
punishable with an imprisonment for a term which may extend to one year or with a fine
which shall not be less than two lakh rupees but not exceeding four lakh rupees or
both:
Provided that while imposing the fine under this section, the court may direct
that a portion of the fine, which shall not be less than fifty per cent. thereof, shall be
given as compensation to the victim or to the legal heirs of the victim, in the case of his
death.
(2) Where a person having been convicted under sub-section (1) is again convicted
thereunder, shall be punishable with double the punishment provided under that sub-sections
for first conviction.
97. Whoever continues to work in contravention of any general or special
order issued under the provisions of section 38, shall be punishable with imprisonment for
a term which may extend to two years and shall also be liable to fine which may extend to
five lakh rupees:
Provided that the court shall not impose a fine under this section which shall be less
than two lakh rupees without recording in the judgement the reasons for imposing such fine.
99. (1) Subject to the provisions of section 13, except clause (d) thereof, if any employee
employed in a workplace contravenes any provision of this Code or any rules or orders made
thereunder, imposing any duty or liability on employee, he shall be punishable with fine
which may extend to ten thousand rupees.
(2) Where an employee is convicted of an offence punishable under sub-section (1)
the employer of the establishment shall not be deemed to be guilty of an offence in respect
of that contravention, unless it is proved that he failed to take all reasonable measures for its
prevention.
100. No prosecution shall be instituted against any owner, agent or manager of a mine
for any offence under this Code except at the instance of the Chief Inspector-cum-Facilitator
or of the District Magistrate or of Inspector-cum-Facilitator authorised in this behalf by
general or special order in writing by the Chief Inspector-cum-Facilitator:
Provided that the Chief Inspector-cum-Facilitator or the District Magistrate or the
Inspector-cum-Facilitator as so authorised shall before instituting such prosecution satisfy
himself that the owner, agent or manager of a mine had failed to exercise due diligence to
prevent the commission of such offence.
Penalty for
contravention
of provisions
of duties
relating to
safety
provisions
resulting in
an accident.
Special
provision for
contravention
of order under
section 38.
Failure to
appoint
manager in
mine.
Offences by
employees.
Prosecution
of owner,
agent or
manager of a
mine.
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Provided further that in respect of an offence committed in the course of the technical
direction and management of a mine, the District Magistrate shall not institute any
prosecution against an owner, agent or manager of a mine without the previous approval of
the Chief Inspector-cum-Facilitator.
101. Where the owner, agent or manager of the mine or employer or occupier of the
factory is charged with an offence punishable under this Code he shall be entitled, upon
complaint duly made by him and on giving to the prosecutor not less than three clear days’
notice in writing of his intention so to do, to have any other person whom he charges as the
actual offender brought before the Court at the time appointed for hearing the charge; and if,
after the commission of the offence has been proved, the owner, agent or manager of the
mine or occupier or manager of the factory, as the case may be, proves to the satisfaction of
the Court—
(a) that he has exercised due diligence to enforce the execution of this Code, and
(b) that the said other person committed the offence in question without his
knowledge, consent or connivance,
that other person shall be convicted of the offence and shall be liable to the like punishment
as if he was the owner, agent or manager of the mine or occupier or manager of the factory,
as the case may be, and the owner, agent or manager of a mine or the occupier or the manager
of the factory shall be, discharged from any liability under this Code in respect of such
offence:
Provided that in seeking to prove as aforesaid the owner, agent or manager of a mine
or the occupier or manager of the factory, as the case may be, may be examined on oath, and
his evidence and that of any witness whom he calls in his support, shall be subject to cross-
examination on behalf of the person he charges as the actual offender and by the prosecutor:
Provided further that, if the person charged as the actual offender by the owner, agent
or manager of the mine or occupier or manager of the factory as the case may be, cannot be
brought before the court at the time appointed for hearing the charge, the court shall adjourn
the hearing from time to time for a period not exceeding three months and if by the end of the
said period the person charged as the actual offender cannot still be brought before the
Court, the Court shall proceed to hear the charge against the owner, agent or manager of the
mine or occupier or manager of the factory, as the case may be, and shall, if the offence be
proved, convict him.
102. (1) Where an offence under this Code has been committed by a company, every
person who, at the time the offence was committed, was in-charge  of, and was responsible
to, the company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the offence was committed without his knowledge
or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where any offence under
this Code has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any  neglect on the part of
any director, manager, company secretary or other officer of the company, such director,
manager, company secretary or other officer shall be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association
of individuals; and
Exemption
of owner,
agent or
manager of a
mine or
occupier of a
factory from
liability in
certain cases.
Offences by
companies,
etc.
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(b) “director”, means,—
(i) in relation to a firm, a partner thereof; or
(ii) the owner of a mine, being a firm or other association of individuals or
a company; or
(iii) in case of association of individuals other than specified in
sub-clause (ii), any of its members.
103. (1) No court shall take cognizance of any offence punishable under this Code,
unless a complaint in respect thereof is made within six months of the date on which the
alleged commission of the offence came to the knowledge of the Inspector-cum-Facilitator
and a complaint is filed in this regard.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of
the First Class shall try any offence punishable under this Code.
Explanation.—For the purposes of this section,—
(a) in the case of a continuing offence, the period of limitation shall be computed
with reference to every point of time during which the offence continues;
(b) where for the performance of any act, time is granted or extended on an
application made by the employer of an establishment, the period of limitation shall be
computed from the date on which the time so granted or extended expired.
104. (1) Notwithstanding anything contained in section 103, for the purpose of
imposing penalty under sections 87, 89, 90, 92, 99 and sub-section (3) of section 107, the
appropriate Government may appoint any officer not below the rank of Under Secretary to
the Government of India or an officer of equivalent rank in the State Government, as the case
may be, for holding enquiry in such manner, as may be prescribed by the Central Government.
(2) While holding the enquiry, the officer referred to in sub-section (1) shall have the
power to summon and enforce attendance of any person acquainted with the facts and
circumstances of the case to give evidence or to produce any document, which in the
opinion of  such officer, may be useful for or relevant to the subject matter of the enquiry and
if, on such enquiry, he is satisfied that the person has committed any offence under the
provisions referred to in sub-section (1), he may impose such penalty as he thinks fit in
accordance with such provisions.
106. (1) Where the employer of a mine or a factory or a dock is convicted of an offence
punishable under this Code, the court may, in addition to awarding him any punishment, by
order in writing, require him within a period specified in the order (which may be extended by
the court from time to time on application made in this behalf) to take such measures as may
be specified in the order for remedying the matters in respect of which the offence was
committed.
(2) Where an order is made under sub-section (1), the employer of the mine or the
factory shall not be liable under this Code in respect of the continuance of the offence
during the period or extended period, if any, but if on the expiry of such period or extended
period the order of the Court has not been fully complied with, employer shall be deemed to
have committed a further offence and shall be punishable with imprisonment for a term
which may extend to six months, or with fine which may extend to one hundred rupees for
every day after such expiry on which the order has not been complied with, or with both.
Limitation
of
prosecution
and
cognizance
of offence.
Power of
officers of
appropriate
Government
to impose
penalty in
certain cases.
Jurisdiction
of a court for
entertaining
proceedings,
etc., for
offence.
Power of
court to
make orders.
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107. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,
any offence punishable under this Code, not being an offence punishable with imprisonment
only, or with imprisonment and also with fine, may, on an application of the accused, either
before or after the holding of the enquiry under section 104, be compoundable for a sum of
fifty per cent. of the maximum fine provided for such offence in such manner as may be
prescribed by the appropriate Government, by such Gazetted Officer, as the said Government
may, by notification,  specify in this behalf:
Provided that the composition of an offence under this section shall have the effect of
an acquittal of the accused with whom the offence has been compounded:
Provided further that where the composition of any offence is made after commencement
of the inquiry under section 104 such composition shall be brought by the officer in writing,
to the notice of the Officers referred to in section 104 before whom the inquiry is pending and
on such notice of the composition of the offence being given, the person against whom the
offence is so compounded shall be discharged.
(2) Nothing contained in sub-section (1) shall apply to an offence committed by a
person for the second or subsequent time within a period of five years from the date of
commission of such offence—
(a) which was earlier compounded; or
(b) for which such person was earlier convicted.
(3) Any person who fails to comply with an order made by the officer referred to in
sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum
fine provided for the offence, in addition to such fine.
CHAPTER XIII
MISCELLANEOUS
109. (1) When any offence is committed under this Code involving an issue of a
certain age of a person and such person is in the opinion of the court prima facie under such
age, the burden shall be on the accused to prove that such person is not under such age.
(2) The prescribed medical authority shall, while examining a worker for issuing the
certificate of age for the purposes of this Code, take into account the Aadhaar card of the
worker, and in the absence thereof, the date of birth certificate from school or the matriculation
or equivalent certificate from the concerned examination Board of the worker, if available,
and in the absence thereof, the birth certificate of the worker given by a corporation or a
municipal authority or a Panchayat, and only in the absence of any of the methods specified
in this sub-section, the age shall be determined by such medical authority through an
ossification test or any other latest medical age determination test.
111. (1) Any person desirous of obtaining common licence in respect of a factory, for
engaging contract worker and industrial premises for beedi and cigar work under this Code
shall make an application to such authority as may be designated by the appropriate
Government by notification.
Compounding
of offences.
2 of 1974.
Delegation
of powers.
Onus as to
age.
Onus of
proving
limits of
what is
practicable,
etc.
Common
licence for
contractor,
factories and
to industrial
premises and
person.
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(2) The application referred to in sub-section (1) shall be in such form and filed in such
manner and accompanied by such fee as may be prescribed by the Central Government.
(3) On receipt of an application under sub-section (1), the designated authority shall
refer the same to the concerned licensing officers for his report within a period of thirty days
and the provisions of this Code relating to his area shall apply accordingly.
(4) Where the licensing authority agrees to grant licence in respect of a factory, for
engaging contract worker and industrial premises for beedi and cigar work, the designated
authority shall issue a licence within sixty days of the receipt of application:
Provided that where no report as referred to in sub-section (2) is received within the
period specified therein it shall be presumed that the concerned licensing officer has no
objection to the grant of the same:
Provided further that where a licensing officer opposes to grant of such licence, the
applicant may be granted the licence in respect of rest of the areas specified in his application.
(5) Where all but one of the licensing officers oppose to grant the licence, the application
for common licence shall be deemed to have been rejected and the applicant shall apply to
respective licensing officer under the provisions of this Code.
(6) any person aggrieved, by any order passed under this section, may file an appeal
in such form, accompanied with such fee to such appellate authority as may be prescribed
by the Central Government; and
(7) the rules relating to this section shall be made by the Central Government.
112. (1) The provisions of this Code shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force or in the terms
of any award, agreement or contract of service whether made before or after the
commencement of this Code:
Provided that where under any such award, agreement, contract of service or otherwise
an employee is entitled to benefits in respect of any matters which are more favourable to
him than those to which he will be entitled to under this Code, the employee shall continue
to get the former notwithstanding that he receives benefits in respect of other matters under
this Code.
(2) Nothing contained in this Code shall be construed as precluding any employee
from entering into an agreement with an employer for granting him rights or privileges in
respect of any matter which are more favourable to him than those to which he would be
entitled under this Code.
113. (1) The appropriate Government may, in the event of the occurrence of an accident
in an establishment which has caused or had the potentiality to cause serious danger to
employees and other persons within, and in the vicinity of the workplace or whether immediate
or delayed, or any occupational disease as specified in the third Schedule, which has been
or is suspected to have been contracted, in epidemic proportions, appoint one or more
persons possessing legal or special knowledge to act as assessors or competent persons in
such inquiry in order to inquire into the causes of the accident and disease, fix responsibilities
and suggest a plan of action for the future to prevent such accidents or diseases and submit
the report to the appropriate Government.
(2) The appropriate Government may direct a Chief Inspector-cum-Facilitator or any
other officer under the control of the Government concerned or appoint a committee to
undertake a survey in such manner as may be prescribed by the appropriate Government on
the situation relating to safety or health at work at any workplace or class of workplaces or
into the effect of work activity on the health of the employees and other persons within and
in the vicinity of the workplace.
Effect of law
and
agreements
inconsistent
with this
Code.
Power of
appropriate
Government
to direct
inquiry in
certain cases.
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(3) The officer directed or committee appointed under sub-section (2) to hold an
inquiry, shall have the powers of a Civil Court under the Code of Civil Procedure, 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 such powers of an Inspector-cum-Facilitator under this Code as may
be necessary.
(4) The Central Government may make rules for regulating the procedure of inquiries
and other related matters under this section.
116. (1) No person shall in respect of the establishment, disclose any information
relating to any manufacturing or commercial business or any working process which may
come to his knowledge in the course of his official duties.
(2) Nothing in sub-section (1) shall apply to any disclosure of information made with
the previous consent in writing of the owner of the business or process or for the purposes
of any legal proceeding (including adjudication or arbitration), pursuant to any of the relevant
statutory provisions or of any criminal proceeding or proceeding before a tribunal under this
Code which may be taken, whether pursuant to any of the relevant statutory provisions or
otherwise, or for the purposes of any report of any such proceedings.
118. (1) No suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done in pursuance of this Code or
any rule or regulation or bye-laws order made thereunder.
(2) No prosecution or other legal proceeding shall lie against the Government, any
Board or Committees constituted under this Code or any member of such Board or any
officer or employee of the Government or the Board or any other person authorised by the
Government or any Board or committee, for any damage caused or likely to be caused by
anything which is in good faith done or intended to be done in pursuance of this Code or
any rule or regulation or bye-laws order made or issued thereunder.
120. In case of a public emergency, the appropriate Government may, by notification,
exempt any workplace or work activity or class thereof from all or any of the provisions of
this Code for such period and subject to such conditions as it may think fit:
Provided that no such notification shall be made for a period exceeding three months
at a time.
Explanation.—For the purposes of this section ‘public emergency’ means a grave
emergency whereby the security of India or any part of the territory thereof is threatened,
whether by war or external aggression or internal disturbance.
Publication
of reports.
Powers of
Central
Government
to give
directions.
General
restriction
on disclosure
of
information.
Jurisdiction
of civil
courts barred.
Protection
of action
taken in
good faith.
Power to
exempt in
special cases.
Power to
exempt
during public
emergency.
5 of 1908.
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121. The appropriate Government may exempt, subject to such conditions as it may
consider necessary, any workshop or workplace where a manufacturing process is carried
on and which is attached to a public institution maintained for the purposes of education,
training, research or information, from all or any of the provisions of this Code:
Provided that no such 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 appropriate Government, a scheme of 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 for the institution, and the appropriate Government is satisfied
that the provisions of the scheme are not less favourable than the corresponding provisions
of this Code.