Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Requirement of Register of Accidents - Under the Factories Act, specifically Rule 138 of the Karnataka Factories Rules, 1969, and similar provisions in other states, the occupier or manager of a factory is mandated to maintain a Register of Accidents and Dangerous Occurrences. This register is essential for recording details of any accidents occurring within the factory premises 2022 Supreme(Online)(NGT) 346.
Legal Mandate and Sections Involved - The obligation to maintain such registers is reinforced by Sections 7A(2)(e), 62, 80, 97, and 111 of the Factories Act, 1948. These sections emphasize the importance of recording accidents, ensuring safety measures, and reporting incidents to authorities promptly 2023 0 Supreme(Jhk) 1356, 2025 Supreme(Online)(Mad) 21266.
Purpose and Importance - Maintaining the Register of Accidents is crucial for safety oversight, investigation of accidents, and compliance with statutory safety standards. Failure to do so can lead to legal penalties, including fines and prosecution 2023 0 Supreme(Jhk) 1356, 2025 Supreme(Online)(Mad) 21266.
Conclusion - The relevant rule under the Factories Act requiring each factory to maintain a Register of Accidents is primarily Rule 138 of the Karnataka Factories Rules, 1969, supported by various provisions of the Factories Act, 1948. This register is a statutory requirement for effective safety management and legal compliance in factories.
In the bustling world of industrial operations, ensuring worker safety is not just a moral imperative but a strict legal requirement. Factories in India must comply with the Factories Act, 1948, which mandates meticulous record-keeping of accidents to promote accountability, facilitate investigations, and prevent future incidents. But what is the relevant rule of the Factories Act under which a Register of Accidents is required to be maintained by each factory? This blog post dives deep into the provisions, state-specific rules, and best practices for compliance, helping factory owners, managers, and HR professionals stay on the right side of the law.
Note: This article provides general information based on statutory provisions and case references. It is not a substitute for professional legal advice. Consult a qualified lawyer for specific guidance.
The Factories Act, 1948 is the cornerstone of occupational health and safety in Indian factories. It imposes duties on occupiers and managers to safeguard workers from hazards, including through proper documentation of incidents.
Under the Act:- Section 44(3) requires employers to maintain registers or records as prescribed by regulations.- Section 88 mandates reporting of accidents that prevent workers from returning to work within 48 hours. It has further been submitted that in terms of provision of Section 88 of the Act, notice is required to be sent of an accident occurring in the factory. 2017 0 Supreme(Pat) 1594
These sections lay the groundwork, but detailed requirements come from regulations and state rules.
Regulation 66 specifically addresses the maintenance of an Accident Book:- Employers must keep an Accident Book in Form 15.- It must be readily accessible and contain particulars of any accident causing personal injury to an insured person.- The book must be preserved for five years from the date of the last entry.- Exemption: No need to enter details of employment injuries caused by occupational diseases in Schedule III of the Workmen's Compensation Act, 1923. 2003 0 Supreme(Ker) 742
This regulation ensures immediate and accurate logging of incidents, aiding insurance claims and inspections.
While the central Act provides the framework, states enact rules tailored to local needs. A prime example is the Bihar Factories Rules, 1950:
This rule reinforces the central mandate, emphasizing comprehensive record-keeping. Non-compliance can attract penalties under the Act.
Factory rules vary by state, but the core obligation remains consistent:
These provisions underscore that failure to maintain registers can lead to fines, prosecution, and operational disruptions. For instance, inspections often reveal lapses: On receiving of information of accident the complainant inspected the factory premises... It was also found that the management of factory has not provided the safety... 2023 0 Supreme(Jhk) 1298
Beyond compliance, the register serves critical functions:- Safety Oversight: Tracks patterns in accidents for preventive measures.- Legal Protection: Essential for investigations and defenses in claims. The special Act shall prevail over the general law and the enquiry by the Factory Inspector bars any enquiry by the police under the provisions of Section 105 of the Factories Act... 2006 0 Supreme(Jhk) 1423- Insurance and Compensation: Supports claims under ESI Act or Workmen's Compensation. However, benefits may be denied if accidents are 'not in the course of employment'. 2024 0 Supreme(Mad) 1073- Inspections and Audits: Readily accessible records demonstrate due diligence. Further, he inspected the attendance register and wage register... 2023 0 Supreme(Telangana) 132
Neglect can result in severe consequences, including criminal cases under Sections 49 and 92. ...directed to register the criminal case under Section-49 r/w. 92 of Factories Act... 2023 0 Supreme(Guj) 911
To avoid pitfalls:1. Implement Form 15 or State-Equivalent: Use the prescribed format (e.g., Form 23 in Bihar) and keep it accessible.2. Train Personnel: Educate supervisors on logging entries promptly and accurately.3. Preserve Records: Retain for at least five years; digitize for efficiency.4. Conduct Regular Audits: Review registers during safety drills.5. Report Timely: Notify inspectors under Section 88 for serious incidents.
Additionally, integrate with broader safety protocols, like providing shelters (Section 47 read with Rule 72) or safety gauges (Rule 102). 2023 0 Supreme(Jhk) 445 2023 0 Supreme(Mad) 3188
Courts emphasize strict adherence. In one instance, separate factory registrations under the Act were noted in lay-off disputes. It was observed that each factory was registered separately under the Factories Act. 2019 0 Supreme(Bom) 1409
Enforcement often stems from inspections post-accidents, highlighting the register's role in compliance verification. 2023 0 Supreme(Jhk) 1298
Maintaining an Accident Register under the Factories Act, 1948—via Regulation 66, Bihar Rule 104, or state equivalents—is non-negotiable for factories. It not only fulfills legal duties but fosters a safer workplace, protecting employees and shielding businesses from liabilities.
Key Takeaways:- Core: Sections 44(3), 88; Regulation 66 (Form 15, 5-year retention).- State Example: Bihar Rule 104 (Form 23).- Broader: Varies by state (e.g., Karnataka Rule 138); integrate with ESI reporting.- Action: Train staff, audit regularly, consult experts.
Stay compliant, stay safe. For tailored advice, reach out to a labour law specialist.
#FactoriesAct #AccidentRegister #LabourLawIndia
in a factory, in such manner as may, or is likely to, cause any accident or any bodily injury. ... On perusal of the said rule it is crystal clear that the process of any work, which was permitted to be carried out in a manner as may, or is likely to, cause any accident or any bodily injury. The duty of the Inspector has been disclosed in sub-Section-9 read with Section 88 of the Factories Act. ... He als....
He has drawn attention towards the fact that on the proposal which is filed on 26.02.2019 by the Factory Inspector, Navsari, the Labour Court, Navsari without recording statement as required under the law, straight-way directed to register the criminal case under Section-49 r/w. 92 of Factories Act and ... requirement of Section-49 of the Factories Act at the relevant point of time prior....
Further, he inspected the attendance register and wage register under Exs.P1 and P2. The factory was covered under the ESI Act from 30.03.1975. ... Non-consideration of Section 1(6) of the ESI Act itself raises the substantial question of law, so as to maintain the present appeal before this Court. According to him ground No.2 raised in the present appeal raises a substantial question of....
(ii) Shelter Room was not found at any place in the factory premises violating the provisions of section 47 of the Act of 1948 read with Rule 72 of the Rules, 1950. ... On perusal of the said rule it is crystal clear that the process of any work, which was permitted to be carried out in a manner as may, or is likely to, cause any accident or any bodily injury. The duty of the Inspector has been disclosed....
The Manager of the above factory has not kept & maintained a Register of Accidents & Dangerous Occurrences; this is a contravention of Rule-138 of the Karnataka Factories Rules, 1969. ... The Occupier has failed to provide for, maintain and monitor such working environment in the factory for the workers that is safe , without risks to health, thus contravening Section 7A (2[e]) of the Factories ....
Act; however, since the accident was ‘not in the course of Employment’, the petitioners are not entitled for dependents’ benefits under E.S.I. Act. ... Act. ... Act read with Rule 58 of the Employees State Insurance (Central) Rules, 1950 to the petitioners. Hence there is no need to interfere with the Order of the E.S.I. Court. Accordingly, the Substantial Question of Law is answered in ....
Factory Rule, 1950. ... On receiving of information of accident the complainant inspected the factory premises on 24.9.2013 for finding out reasons of accident. One another person namely Bharat Shyamal Supervisor of said factory stated the occurrence to the complainant. ... It was also found that the management of factory has not provided the safety and due to lack of s....
factory to provide safety gauges, training and failure to maintain the material Lift and Trolley. ... In terms of Rule 102 of the Tamil Nadu Factories Rules, 1950, the Occupier, Owner or Manager of a factory shall furnish information to an inspector for the purpose of satisfying himself whether any of the provisions of the Act have been complied with or whether any Order of the Inspector has been carried ....
Section 62 Rule 80 of the Factories Act s and Rules. ... The petitioner failed to maintain muster roll of all the workers employed in the factory in Form no.25. Further, as per a href="./..
Further, the respondent had preferred a complaint under Section 41 read with Rule 61E and 61F, Schedule 7(A)(1)(2) of the Factories Act, 1948 and Tamil Nadu Factories Rule, 1950. ... On a perusal of the records, it reveals that one of the main allegation that they were running a Factory with 37 labourers from other state and without obtaining the proper procedure, through online, they obtained applications and they were em....
9. The publication of the estimate is made for the purpose of making it known to all sugar factories that the estimates prepared by them of the requisite quantity of sugarcane for a particular crushing season or seasons has been accepted by the Cane Commissioner with or without modification. Section 13 of the Act, 1953 enjoins upon the occupier of the factory to maintain a register of all cane growers and Canegrowers' Cooperative Society or societies that sell sugarcane to the factor....
There was a dispute in respect of lay-off/retrenchment. It was observed that each factory was registered separately under the Factories Act. In paragraph no. 18, it was observed by the Apex Court that : 18.
Thus, there was full compliance of provision of Section 29 of the Act read with 56 A of the Rules and, therefore, no liability or offence can be said to have been committed. It has further been submitted that in terms of provision of Section 88 of the Act, notice is required to be sent of an accident occurring in the factory.
For such incident the Factory Inspector is the competent person to file a complaint. The special Act shall prevail over the general law and the enquiry by the Factory Inspector bars any enquiry by the police under the provisions of Section 105 of the Factories Act as far as any offence/accident takes place in the factory premises. The facts stated in both, the complaint as well as in the first information report, relates to the same occurrence and the accident being fully cov....
Rule 104 enjoins' for maintaining in every factory a Register of Accident in Form no. whereas Rule 87 requires that the Manager shall keep a register in form no.15 to be called "leave with wages register". In the complaint it has been stated that the accused petitioners did not furnish on demand notice requiring working hours of adult workers, Register of Adult workers, Register of Leave with wages and Accident Register.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.