My factory in Gorakhpur wants to commence a dangerous manufacturing process; what permissions are required under the Factories Act?

Detailed Legal Analysis

Under Section 87 of the Factories Act, 1948, the State Government may declare certain manufacturing processes as dangerous and impose additional requirements such as prior approval of plans, medical examination of workers, and protective equipment. Before commencing a dangerous process, the factory must obtain written permission from the Chief Inspector, submit the manufacturing process details, and comply with safety standards.

Workers engaged in dangerous processes must undergo periodic medical examinations by certified surgeons. The Allahabad High Court may be approached if the permission is arbitrarily refused or if the conditions imposed are unreasonable.

The Uttar Pradesh Rent Control Act 1972 on factories, being the state Factories Rules, will prescribe the specific requirements for the dangerous process. Non-compliance attracts imprisonment up to two years and fine, and the Chief Inspector may direct suspension of the process until compliance is achieved.

The factory must also maintain a register of workers engaged in dangerous processes and their medical examination records.