Rule 82. Liability of owner of premises

(1) Where in any premises separate buildings 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 and services, such as approach roads, drainage, water supply, lighting and sanitation.

(2) The Chief Inspector-cum-Facilitator shall have, subject to the control of the State Government, have the powers to issue orders to the owner of the premises in respect of the factories as mentioned in the provisions of sub rule (1).

(3) Where in 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 also be liable as if he were the occupier or employer of a factory, for any contravention of the provisions of this code in respect of -

(a) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned;

(b) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody of user or an occupier;

(c) safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages;

(d) precautions in case of fire;

(e) maintenance of hoists and lifts; and

(f) maintenance of any other common facilities like creche, provided in the premises.

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

(5) The provisions of sub-rule (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities which are released to different occupiers for use as separate factories:

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

(6) The Chief Inspector-cum-Facilitator shall have, subject to the control of the State Government, have the power to issue orders to the owner of the premises referred to in sub-section (5) in respect of carrying out the provisions of Section 46 or Section 48.

(7) Where in any premises portions of a room or a shed are leased to different occupiers for useas separate factories, the owner ofthe premises shall also be liable for any contravention of the provisions:

Provided that the occupier shall be responsible for complying with all the safety related provisions of the Code:

Provided further that the owner of every factory shall jointly and severally be responsible for making financial and other provisions and for taking such other steps as may be necessary for compliance with the provisions of this Code and the rules, regulations, bylaws and orders made thereunder, relating to factory.

(8) In the event of any contravention by any person who so ever of any of the provisions of this Code or of the rules, regulations, bylaws or orders made thereunder, relating to factory, except those which specifically require any person to do any act or thing or prohibit any person from doing an act or thing, besides the person who contravenes, then, each of the following persons shall also be deemed to be guilty of such contravention unless she proves that he had used due diligence to secure compliance with the provisions and had taken reasonable means to prevent such contravention, namely:—

(a) the official or officials appointed to perform duties of supervision in respect of the provisions contravened;

(b) the employer of the factory;

(c) the owner of the factory;

(d) the person appointed, if any, to carry out the responsibility under section 24.

(9) It shall not be a defense in any proceedings brought against the owner of a factory under this section that the employer and other officials have been appointed in accordance with the provisions of the Code or that a person to carry the responsibility under section 24 has been appointed.