Page 13 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes (ii) 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 for the purpose of
any matter provided for by or under Section 13, Section 14, Section 16 or Section 17 (save
as otherwise provided in this provided) or Chapter IV (except Section 27) or Section 43,
Section 44 or Section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or Section
108, Section 109 or Section 110, in relation to
 the workers employed directly by him, or by or through any agency; and
 the machinery, plant or premises in use for the purpose of carrying out such repair
or maintenance work by such owner, agent, master or other Officer-in-charge or
person;

Notes General Duties of the Occupier are:
Section 7A has been inserted by the Factories (Amendment) Act and the new section lays
down the general duties of an occupier as follows:
1. Plant maintenance that is safe and without risk to health of workers.
2. Safeguard health and safety with the use, handling, storage and transport of articles
and substance.
3. Provide information, instruction, training and supervision to ensure health and
safety of all workers.
4. Monitoring of work environment.
It also lays down a duty on the occupier to prepare 9 written statements of policy with
respect to the health and safety of workers and to give notice to the workers as per rules.
General duties of manufacturers etc. as regards articles and substances for use in factories
(for the purpose of this section 7B, article includes plant and machinery). It lays down
general duties of designers, manufacturers; importers, suppliers. As regard the articles
and substances used in the factory, it would be the duty of the designers to ensure that the
articles designed would be safe and without risk to the health of the workers. It would also
be this duty to carry out necessary tests and provide adequate information regarding of
safety and risk to health.
Importers of articles also will have to ensure that articles imported conform to the standard
set out in the country or of the standard adopted outside the country.
5. Other Definitions

 Adult means a person who has completed his 18th year of age. [Section 2 (a)]
 Adolescent means a person who has completed his 15th year of age but has not completed
his 18th year. [Section 2 (b)]

 Calendar year means the period of twelve months beginning with the first day of January
in any year. [Section 2 (bb)]

 Child means a person, who has not completed his 15th year of age. [Section (c)]
 Young person means a person, who is either a child or an adolescent. [Section 2 (d)]
 Day means period of twenty-four hours beginning at midnight [Section 2 (e)]

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