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Mercantile Laws – II




                    Notes          (xiii) Precaution against using Portable Electric Light

                                   The Act prohibits any factory to use portable electric  light or any other electric appliance of
                                   voltage exceeding 24 volts in any chamber, tank, vat, pipe, flue or other confined space unless
                                   adequate safety devices are provided [Section 36-A (a)]. The Act further prohibits the factory to
                                   use any lamp or light (other than that of flame-proof construction if any inflammable gas, fume
                                   or dust is likely to be present in such chamber, tank, vat, pet, pipe, flue or other confined space.
                                   [Section 36-A (b)]

                                   (xiv) Explosive or Inflammable Materials

                                   These measures include: (i) effective enclosures of the plant or machinery used in the process;
                                   (ii) removal or prevention of the accumulation of such dust, gas or vapour; (iii) exclusion or
                                   effective enclosure of all possible sources of ignition. [Section 37 (i)]

                                   (xv) Precaution in Case of Fire

                                   In every factory all practical measures shall be taken to prevent outbreak of fire and its spread,
                                   both internally and externally, and to provide  and maintain (i) safe  means of escape for all
                                   persons in the event of fire, and (ii) the necessary equipment and facilities for extinguishing fire.
                                   Further effective measures should be taken to ensure that in every factory all the workers are
                                   familiar with the means of escape in case of fire and have been trained in the routine to be
                                   followed in such cases. (Section 38)

                                   (xvi) Safety of Building and Machinery

                                   If it appears to  the Inspector that any  building or part of building or any part of the ways,
                                   machinery or plant in a factory is in such a condition that it is dangerous to human life or safety,
                                   he may serve on the occupier or manager or both the factory an order in writing specifying the
                                   measures which in his opinion should be adopted, and requiring them to be carried out before
                                   a specified date. [Section 40 (1)]

                                   (xvii) Maintenance of Buildings

                                   In order to ensure safety, the inspector is empowered to serve on the occupier or Manager (or
                                   both) of the factory an order specifying the measures to be taken and requiring the same to be
                                   carried out if it appears to him that any building or part of a building in a factory is in such a state
                                   of disrepair as is  likely to lead to  conditions detrimental  to the  health and  welfare of  the
                                   workers. (Section 40-A)

                                   (xviii) Safety Officers

                                   In order to prevent accidents, the Act provides for the appointment of Safety Officers in factories
                                   employing 1,000 or more workers or where any manufacturing process or operation is carried
                                   on, which process or operation involves any risk of bodily injury, poisoning or disease, or any
                                   other hazard to health, to the persons employed in the factory. (Section 40-B)

                                   1.4.3 For Welfare

                                   Following  are  the  factors that should  be taken into  consideration for maintaining  welfare
                                   measures of employees:





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