Rule 99. Common facilities and services for joint liability of owner of premises and occupiers under section 80

Where any premises or separate buildings are leased to different occupiers for use as separate factories, the owner of the premises and occupiers of the factories utilising such common facilities which include fire prevention and protection, access, hygiene, health, ventilation, temperature, emergency preparedness and response, canteens, shelter, rest rooms and crèches shall jointly and severally be responsible for provision and maintenance of such common facilities and services as prescribed below:-

(i) Where in any premises separate buildings are leased to different occupiers for use as separate factories, the owner of the premises and occupiers of the factories shall jointly and severally be responsible for the provision and maintenance of common facilities and services, such as approach roads, drainage, water supply, lighting and sanitation.

(ii) Where in any premises, independent or self-contained, floor or flats are leased to different occupiers for use as separate factories, the owner of the premises and occupiers of the factories shall jointly and severally be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of the Code, rules and regulations made thereunder 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 or use of an occupier;

(c) safe means of access to the floors or flats or building or premises and maintenance and cleanliness of staircases and common passages; ‍485

(d) precaution in case of fire at common place;

(e) maintenance of hoists and lifts at common place; and

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

(iii) In respect of clause (i) and (ii), 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.

(iv) The Chief Inspector-cum-Facilitator shall have power to issue orders to the owner of the premises in respect of the carrying out of the provisions of this rule.