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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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