Rule 119. Liability of owner of the premises under Section 80

The owner of the premises and the occupiers of the factories utilizing common facilities shall be liable for the contraventions of the provisions of this Code, which shall include the following-

(1) Where in only vacant separate plots are leased out to different factories, the owner of the premises shall be responsible for the provision and maintenance of common roads with lighting for access of appropriate width sufficient for normal and emergency operations, drainage, water supply and sanitation.

(2) Where in separate independent buildings/sheds or part of the buildings/sheds are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities such as common roads with lighting of appropriate width sufficient for normal and emergency operations, approach roads affording access independent to each leased portion without interfering into another leased portion, drainage, water supply, lighting and sanitation. The owner shall be responsible for compliance of the requirements like structural stability, Fire Hydrant systems, Emergency Response systems Ventilation, Lighting, Latrines, Urinals, facilities for the buildings /sheds or parts thereof which are leased out as separate factories. Any occupier who takes a premise which is not comply with these requirements on lease shall be jointly and severally responsible for the noncompliance, besides the owner of the premises.

(3) Wherein separate floors or part of floors are leased out as separate factories, the owner shall be responsible for sufficient access and escape, structural stability, Fire Hydrant systems, Emergency Response systems, Ventilation, Lighting, Latrines, Urinals, and washing facilities for the total employment of persons in the entire building by considering it as a single factory.

(4) The owner, in case of sub-rule (2) & (3) above, shall be responsible for the provision and maintenance of common Facilities like Crèche, Rest Rooms, Canteens, Health centres for the Health and welfare of all persons to be employed. While designing the common facilities, due care shall be taken to comply with statutory norms prescribed in this regard in the code by considering the entire premises of the owner as a single factory.

Provided that for the purpose of computing the total number of persons employed in entire premises of the owner, the number of persons employed in factories wherein the provision of the any of above welfare amenities is mandatory under this code and the occupiers of those factories have explicitly undertaken in the lease deed to provide the welfare amenities as applicable under the code, then those number of persons can be excluded for the purpose of that particular welfare amenity.

Provided further that if an occupier of any factory acquiring a premise on lease from its owner, has explicitly undertaken in the lease deed about the provision welfare amenities applicable to him in his premises for his workers and employees, the owner shall be relieved from his joint responsibility to that extent with respect to that particular factory. The occupier of the factory, in such a case, shall be severally responsible for any noncompliance in this regard.

(5) Wherein any premises as stated vide sub-rule(2) and Sub-rule(3) above has been leased out by owner to an occupier of a factory with preinstalled plant , Machinery and equipment for use as a factory, then owner and Occupier shall be jointly and severally responsible for provision and maintenance of appropriate safety arrangements with respect to the plant, machinery and equipment which shall include Design and layout, fencing of machinery and plant, Preventive maintenance of plant, Machinery and equipment, safe means of access to all work places, precautions in case of fire, Effective arrangements for collection and disposal of dust, vapour or fumes at source, Cleanliness of staircases and common passages etc.;

(6) No owner shall lease out his premises for the purpose of situating factories and no occupier of factory shall take on lease a premise for situating his factory otherwise than in the manner prescribed above. The owner and Occupiers are jointly and severally responsible for any contravention in this regard. Rules prescribed under Section 82: