Rules and Exemption

Rules and Exemption

Rules and ExemptionImage result for Rules and Exemption of the Manufacturer in Labour Law

The State Government is empowered to make rules providing additional safeguards in respect of any particular machinery or part thereof. It may exempt any particular machinery or part thereof. From the compliances of above-stated provisions on such conditions which ensure the safety of the workers.

Meaning of “Shall be securely fenced”

Though the words “Shall be securely fenced” suggest that the fencing shall always be there, the statute has put the matter beyond doubt by expressly saying that the fencing shall be kept in position while the machine is working. A Machinery is securely fenced if it is fenced against danger which may be reasonably expected. The risk or danger ad contemplated by this section must reasonably be foreseeable.
The carelessness, the indolence, the inadvertence, the weariness and even the disobedience of a workman are things which an occupier of a factory can and is expected to reasonably foresee and should therefore be provided against under section 21.
Thus, safeguards are to be provided for protection of not only the diligence built also those who act inadvertently or even inefficiently or foolishly.

Nature of Obligation

It has been held that the liability under section 21 is absolute but this liability is linked to dangers of foreseeable nature. The supreme court ins state of Gujarat v. Jetha Mal Ghalabhai Patel held that it will be the duty of the occupier or the manger to keep the guard in position when the machine is working. Where it appears that he has hot done so, it will be for working him to establish that be was not liable. The mere fact that someone else had removed the safeguards, without the knowledge, consent, or connivance or the occupier or manger, does not provide a defence to him. Employer cannot evade his liability on commercial or mechanical reason and even substitutes for fencing will not absolves him from liability. Similarly the argument that factory inspector did not find out danger in machinery is not defence under this section.