Chapter XI
SUPPLEMENTAL
107. Appeals.
107. Appeals.—(1) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made in this behalf by the State Government, confirm, modify or reverse the order.
(2) Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal shall, hear the appeal with the aid of assessors, one of whom shall be appointed by the appellate authority and the other by such body representing the industry concerned as may be prescribed:
Provided that if no assessor is appointed by such body before the time fixed for hearing the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due to sufficient cause, proceed to hear the appeal without the aid of such assessor or, if it thinks fit, without the aid of any assessor.
(3) Subject to such rules as the State Government may make in this behalf and subject to such conditions as to partial compliance or the adoption of temporary measures as the appellate authority may in any case think fit to impose, the appellate authority may, if it thinks fit, suspend the order appealed against pending the decision of the appeal.
108. Display of notices.
108. Display of notices.—(1) In addition to the notices required to be displayed in any factory by or under this Act, there shall be displayed in every factory a notice containing such abstracts of this Act and of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the certifying surgeon.
(2) All notices required by or under this Act to be displayed in a factory shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at or near the main entrance to the factory, and shall be maintained in a clean and legible condition.
(3) The Chief Inspector may, by order in writing served on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory.
109. Service of notices.
109. Service of notices.—The State Government may make rules prescribing the manner of the service of orders under this Act on owners, occupiers or managers of factories.
110. Returns.
110. Returns.—The State Government may make rules requiring owners, occupiers or managers of factories to submit such returns, occasional or periodical, as may in its opinion be required for the purposes of this Act.
111. Obligations of workers.
111. Obligations of workers.—(1) No worker in a factory—
(a) 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;
(b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and
(c) shall wilfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers therein.
(2) If any worker employed in a factory 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 which may extend to three months, or with fine which may extend to one hundred rupees, or with both.
111-A. Right of workers, etc.
[i][111-A. Right of workers, etc.—Every worker shall have the right to—
(i) obtain from the occupier, information relating to workers’ health and safety at work,
(ii) get trained within the factory wherever possible, or, to get himself sponsored by the occupier for getting trained at a training centre or institute, duly approved by the Chief Inspector, where training is imparted for workers’ health and safety at work.
(iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.]
112. General power to make rules.
112. General power to make rules.—The State Government may make rules providing for any matter which, under any of the provisions of this Act, is to be or may be prescribed or which may be considered expedient in order to give effect to the purposes of this Act.
113. Power of Centre to give directions.
113. Power of Centre to give directions.—The Central Government may give directions to a State Government as to the carrying into execution of the provisions of this Act.
114. No charge for facilities and conveniences.
114. No charge for facilities and conveniences.—Subject to the provisions of Section 46 no fee or charge shall be realised from any worker in respect of any arrangements or facilities to be provided, or any equipments or appliances to be supplied by the occupier under the provisions of this Act.
115. Publication of rules.
115. Publication of rules.—[ii][(1)] All rules made under this Act shall be published in the Official Gazette, and shall be subject to the condition of previous publication; and the date to be specified under clause (3) of Section 23 of the General Clauses Act, 1897 (X of 1897), shall be not less than [iii][forty-five days] from the date on which the draft of the proposed rules was published.
[iv][(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
116. Application of Act to Government factories.
116. Application of Act to Government factories.—Unless otherwise provided this Act shall apply to factories belonging to the Central or any State Government.
117. Protection to persons acting under this Act.
117. Protection to persons acting under this Act.—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 under this Act.
118. Restriction on disclosure of information.
118. Restriction on disclosure of information.—(1) No Inspector shall, while in service or after leaving the service, disclose otherwise than in connection with execution, or for the purposes, of this Act 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 such business or process or for the purposes of any legal proceeding (including arbitration) pursuant to this Act or of any criminal proceeding which may be taken, whether pursuant to this Act or otherwise, or for the purposes of any report of such proceedings as aforesaid.
(3) If any Inspector contravenes the provisions of sub-section (1) he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
118-A. Restriction on disclosure of information.
[v][118-A. Restriction on disclosure of information.—(1) Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this Act.
(2) No Inspector shall, while making an inspection under this Act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of a complaint:
Provided that noting in this sub-section shall apply to any case in which the person who has made the complaint has consented to disclose his name.]
119. Act to have effect notwithstanding anything contained in Act 37 of 1970.
[vi][119. Act to have effect notwithstanding anything contained in Act 37 of 1970.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Contract Labour (Regulation and Abolition) Act, 1970 [or any other law for the time being in force][vii].]
120. Repeal and savings.
120. Repeal and savings.—The enactments set out in the Table appended to this section are hereby repealed:
Provided that anything done under the said enactments which could have been done under this Act if it had then been in force shall be deemed to have been done under this Act.
TABLE
[Enactments repealed. Repealed by the Repealing and Amending Act, 1950(35 of 1950), Section 2 and Schedule 1]
References
[i] Inserted by Act 20 of 1987, S. 41 (w.e.f. 1-12-1987).
[ii] Renumbered by Act 20 of 1987, S. 42 (w.e.f. 1-12-1987).
[iii] Substituted by Act 20 of 1987, S. 42 (w.e.f. 1-12-1987).
[iv] Inserted by Act 20 of 1987, S. 42 (w.e.f. 1-12-1987).
[v] Inserted by Act 20 of 1987, S. 43 (w.e.f. 1-12-1987).
[vi] Inserted by Act 94 of 1976 (w.e.f. 26-10-1976). Old S. 119 was omitted in H.P. by H.P. A.L.O., 1948.
[vii] Inserted by Act 20 of 1987, S. 44 (w.e.f. 1-12-1987).
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