Health and Safety Legislation

Sec 18 under Chapter III Health contains information about Drinking water Under The Factories act 1948. Below are the key aspects of this section: 1- Drinking water stations should be marked with "Drinking Water" in a language which is common among users. 2-  No such points shall be situated within [six metres of any washing place, urinal, latrine, spittoon,open drain carrying sullage or effluent or any other source of contamination] unless a shorter distance is approved in writing by the Chief Inspector. 3-  In every factory wherein  more than two hundred  and fifty workers are ordinarily employed, provisions shall be made for cooling drinking water during hot weather. 4- State government may make rules for compliance of this section.

Sec 10, Chapter II- The inspecting staff Certifying surgeons appointed by State government for specific industry, set of industries to fulfill the requirements under above Section 10. A certifying surgeon may, with the approval of the State Government , authorise   any qualified medical practitioner to exercise any of his powers under this Act   for specified  period as the certifying surgeon may specify and  subject to such   conditions as the State Government may think fit to impose. No person shall be appointed to be , or authorized to exercise the powers of, a   certifying surgeon, or having been so appointed or authorised, continue to   exercise such powers, who is or becomes the occupier of a factory or is or   becomes directly or indirectly interested therein or in any process or business   carried on therein or in any patent or machinery connected therewith or is   otherwise in the employ of the factory.  Ho...

Sec 94, Chapter X -  Enhanced penalty after previous conviction If any person who has been convicted of any offence punishable under   section 92 is again guilty of an offence involving a contravention of the same   provision, he shall be punishable on a subsequent conviction with   imprisonment for a term which may extend to three years or with fine ,   which shall not be less than  ten thousand rupees but which may   extend to two lakh rupees or with both. Exceptions: 1- Court can reduce fine to less than 10000 on special reasons. 2- In case of death due to contravention of provisions under Chapter IV- Fine shall not be less than          INR 35000/- (Thirty five thousand). 3- In case  an accident causing   serious bodily   injury  due to contravention of provisions under Chapter IV- Fine shall not be less than INR 10,000/- (Ten thousand).

Sec 92, Chapter X, Penalties and Procedure under Factories act 1948 contains information about penalties imposed by government enforcing authorities for non compliance or contravention of health and safety subject to the provision of Sec 93 (Liability of owner of premises in certain circumstances) . 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 as further fine which may extend to [one thousand rupees] for each day on which the contravention is so continued.  Above penalties or imprisonment are applicable where contravention of any of the provisions of Chapter IV   or any rule made there under or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than   [twenty-five thousa...