Rule 58. Common facilities and services for joint liability of owner of premises and occupiers of the factories under section 80

(1) Wherein any premises, separate buildings are leased to different occupiers for use separate factories, the owner of the premises shall be responsible for provisions and maintenance of common facilities and services, such approach road, drainage, water supply, lighting and sanitation.

(2) Wherein any premises, independent or self-contained floors or flats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he were the occupier or manager of the factory, for any contravention of the provisions of this Code, in respect ofi. latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned; il. fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier; iil. safeness of access to the floors or flats and maintenance and cleanliness of stair cases and common passages; iv. precautions in cases of fire; v. maintenance of hoists and lifts; and vi. maintenance of any other common facilities provided in the premises.

(3) The Chief Inspector-cum-Facilitator shall have subject to the control of the appropriate Government, power to issue orders to the owner of the premises in respect of carrying out of the provisions of sub-sections (1)

(4) and (2). The provisions of sub-section (2) relating to the liability of the owner/occupier shall apply wherein any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupier for use as separate factories:

Provided that the owner/occupier shall be responsible also for supplying with the requirements relating to the provision and maintenance of latrines, urinals and washing facilities.

(5)

(6) The Chief Inspector-cum-Facilitator shall have subject to the control of the appropriate Government, the power to issue orders to the owners/occupier of the premises referred to in respect of the carrying out of the provisions of section 24 of the Code. Wherein any premises, portions of a room or a shed are leased to different occupiers for use as separate factories, the owner/occupier of the premises shall be liable for any contravention of the provisions of i. Chapter V of the Code, except section 23, sub-section (2) clause (iil) and (iv); ii. Chapter V of the Code, except the list of matters at S. Nos.

(2), (3), (7), (15) & (16) in the Second Schedule of the Code:

Provided in respect of the provisions at S. Nos. (1), (4), (12) listed in the Second Schedule of the Code, the owner's liability shall be only in so far as such provisions relate to things under his control:

Provided further that the occupier shall beresponsiblefor complying with the provisions of Chapter V in respect of plant and machinery belonging to or supplied by him. ill. Chapter VI of the Code, section 24, sub-section (1) clause

(i).

(7) The Chief Inspector-cum-Facilitator shall have subject to the control of the appropriate Government, the power to issue orders to the owners of the premises in respect of the carrying out the provisions of clause 7 sub-section (1).

(8) In respect of Clause (4) and (6) of sub-section (1), while computing for the purposes of any of the provisions of this Code, the total number of workers employed,the whole of the premises shall be deemed to be a single factory.