Page 271 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if
in, or in respect of, any factory there is any contravention of any of the provisions of this Act or
of any rules made thereunder or of any order in writing given thereunder, the occupier and
manager of the factory shall each be guilty of an offence and punishable with imprisonment for
a term which may extend to two years or with fine which may extend to one lakh rupees or with
both, and if the contravention is continued after conviction, with a further fine which may
extend to one thousand rupees for each day on which the contravention is so continued :
Provided that where contravention of any of the provisions of Chapter IV or any rule made
thereunder or under section 87 has resulted in an accident causing death or serious bodily injury,
the fine shall not be less than twenty-five thousand rupees in the case of an accident causing
death, and five thousand rupees in the case of an accident causing serious bodily injury.

Explanation: In this section and in section 94 "serious bodily injury" means an injury which
involves, or in all probability will involve, the permanent loss of the use of, or permanent
injury to, any limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any
bone, but shall not include, the fracture of bone or joint (not being fracture of more than one
bone or joint) of any phalanges of the hand or foot.
Liability of Owner of Premises in Certain Circumstances

1. Where in any premises separate buildings are leased to different occupiers for use as
separate factories, the owner of the premises shall be responsible for the provision and
maintenance of common facilities and services, such as approach roads, drainage, water
supply, lighting and sanitation.
2. The Chief Inspector shall have, subject to the control of the State Government, power to
issue orders to the owner of the premises in respect of the carrying out of the provisions
of sub-section (1).

3. Where in any premises, independent or self-contained, floors or flats are leased to different
occupiers for use as separate factories, the owner of the premises shall be liable as if he
were the occupier or manager of a factory, for any contravention of the provisions of this
Act in respect of -
(i) latrines, urinals and washing facilities in so far as the maintenance of the common
supply of water for these purposes is concerned;
(ii) fencing of machinery and plant belonging to the owner and not specifically entrusted
to the custody or use of an occupier;
(iii) safe means of access to the floors or flats and maintenance and cleanliness of staircases
and common passages;

(iv) precautions in case of fire;
(v) maintenance of hoists and lifts; and
(vi) maintenance of any other common facilities provided in the premises.
4. The Chief Inspector shall have, subject to the control of the State Government, power to
issue orders to the owner of the premises in respect of the carrying out the provisions of
sub-section (3).

5. The provisions of sub-section (3) relating to the liability of the owner shall apply where in
any premises independent rooms with common latrines, urinals and washing facilities
are leased to different occupiers for use as separate factories :

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