Section 22 of the Factories Act 1948 - Work on or Near Machinery in Motion
Section 22 prescribed safeguards for examination, lubrication, adjustment and specified belt operations performed while machinery was in motion. The provision formed part of Chapter IV on safety under the Factories Act, 1948.
- Former provision: Section 22, Factories Act, 1948.
- Subject: Work on or near machinery in motion.
- Present central framework: Occupational Safety, Health and Working Conditions Code, 2020.
- Related current provision: Section 18(2)(f) and the Second Schedule of the OSH Code.
What Section 22 regulated
The former Section 22 controlled situations in which machinery covered by Section 21 had to be examined while moving, or where specified lubrication, adjustment, mounting or shipping of belts had to be carried out while the machinery remained in motion. Its purpose was to limit such hazardous work to trained personnel and to impose safeguards against contact with moving parts.
Text of former Section 22 of the Factories Act 1948
22. Work on or near machinery in motion.
(1) Where in any factory it becomes necessary to examine any part of machinery referred to in section 21, while the machinery is in motion, or, as a result of such examination, to carry out--
(a) in a case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or other adjusting operation; or
(b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation,
while the machinery is in motion, such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of his appointment, and while he is so engaged--
(a) such worker shall not handle a belt at a moving pulley unless--
(i) the belt is not more than fifteen centimetres in width;
(ii) the pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which case a belt is not permissible);
(iii) the belt joint is either laced or flush with the belt;
(iv) the belt, including the joint and the pulley rim, are in good repair;
(v) there is reasonable clearance between the pulley and any fixed plant or structure;
(vi) secure foothold and, where necessary, secure handhold, are provided for the operator; and
(vii) any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person;
(b) without prejudice to any other provision of this Act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact.
(2) No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery.
(3) The State Government may, by notification in the Official Gazette, prohibit, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts of machinery when those parts are in motion.
Historical amendment notes: The opening paragraph and clause (a) of sub-section (1) were substituted with effect from 26 October 1976. Sub-section (2) was substituted by Act 25 of 1954 with effect from 7 May 1954.
Key safeguards under the former provision
For work falling within sub-section (1), the section required a specially trained adult male worker, tight fitting clothing supplied by the occupier, entry of the worker's name in the prescribed register and a certificate of appointment. It also imposed detailed conditions for handling a belt at a moving pulley and required dangerous revolving projections and gearing to be securely fenced.
Restriction concerning women and young persons under former Section 22(2)
Sub-section (2) prohibited a woman or young person from cleaning, lubricating or adjusting specified moving machinery where the activity exposed that person to risk of injury from moving parts. This paragraph describes the historical Factories Act provision and should not be read as a statement of the present OSH Code framework.
Power of the State Government under former Section 22(3)
Sub-section (3) empowered the State Government, by notification in the Official Gazette, to prohibit any person from cleaning, lubricating or adjusting specified machinery parts while those parts were in motion in a specified factory or class or description of factories.
Current law under the OSH Code 2020
Section 18 of the Occupational Safety, Health and Working Conditions Code, 2020 deals with occupational safety and health standards. Section 18(2)(f) authorises standards for factories in relation to the matters specified in the Second Schedule. Item 2 of that Schedule expressly identifies "work on or near machinery in motion." Accordingly, the subject remains part of the statutory occupational-safety framework even though Section 22 of the Factories Act itself is no longer the operative central enactment.
Section 143 of the OSH Code repeals the Factories Act, 1948 and contains savings for actions, rules, regulations, bye-laws, notifications, nominations, appointments, orders and directions made under repealed enactments, to the extent stated in that section. For actual compliance, the applicable Central or State rules, standards and notifications should also be checked because factory regulation can depend on the appropriate government and local rules.
Official legal references
For authoritative checking, refer to the Ministry of Labour and Employment's OSH Code material and the India Code record for the Factories Act. These sources are preferable when confirming the current text, commencement, repeal status and subordinate legislation.