Factories Act, 1955
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PART VIII. Special Applications and Extensions. | ||
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Multiple factories. |
81.—(1) Subject as hereinafter in this section provided, the owner (whether or not he is one of the occupiers) of a multiple factory shall, instead of the occupier be responsible for any contravention of— | |
(a) the provisions of Part II of this Act with respect to drainage of floors, sanitary conveniences and (except in the case of any room which is occupied by not more than one tenant) cleanliness, overcrowding, temperature, ventilation and lighting; | ||
(b) the provisions of Part III of this Act with respect to the provision and maintenance of fencing and safety appliances, except in so far as they relate to machinery or plant belonging to or supplied by the occupier of the separate factory, the construction, maintenance, testing and examination of machinery or plant, except such machinery or plant as aforesaid, the construction and maintenance of floors, passages and stairs, and means of escape in case of fire, the provisions of any regulations made under section 46 of this Act and the provisions of any Order made under section 51 of this Act; | ||
(c) the provisions of Part IV of this Act and the provisions of any welfare regulations; | ||
(d) the provisions of Part V of this Act with respect to the removal of dust or fumes, except in the case of any room which is occupied by not more than one tenant; | ||
(e) the provisions of Part VI of this Act, except in the case of any room which is occupied by not more than one tenant; | ||
(f) the provisions of Part XIII of this Act as to posting an abstract and notices; | ||
and for the purpose of the foregoing provisions the whole of a multiple factory or, as the case may be, the whole of such factory except rooms occupied by not more than one tenant shall be deemed to be one factory in the occupation of the owner. | ||
(2) The owner of a multiple factory shall not be responsible for any contravention of a provision mentioned in subsection (1) of this section arising from the use in a separate factory of any fencing, appliances, machinery or plant if the use thereof is a matter outside his control, and the occupier of the separate factory shall be responsible for any such contravention. | ||
(3) The owner of a multiple factory shall be responsible, instead of the occupier, for any contravention in rooms occupied by not more than one tenant of the provisions of Part II of this Act with respect to cleanliness, overcrowding, temperature, ventilation and lighting, or the provisions of Part V of this Act with respect to removal of dust or fumes, where the contravention arises from a failure to carry out any necessary structural work or any defect in any machinery, plant or fixtures belonging to him, and shall only be so responsible for any contravention of the provisions of Part III of this Act with respect to safety provisions in case of fire or any regulation made under section 46 of this Act or the provisions of Part IV of this Act or any welfare regulations, where the contravention arises from any such failure or defect as aforesaid. | ||
(4) The provisions of this Act shall, so far as they are applicable and have not been applied by the foregoing provisions of this section, apply to any part of a multiple factory which is not comprised within any of the separate factories as if that part were a factory and the owner were the occupier thereof. | ||
(5) The Minister may by special regulations modify the provisions of this section in their application to any class or description of multiple factory. |