Section 40 of FA, 1948 : Section 40: Safety Of Buildings And Machinery

Explanation using Example

Imagine a factory inspector visits a textile mill and notices that the emergency exit is partially blocked by stacked boxes and the door is not opening properly. Recognizing this as a hazard that could prevent workers from escaping in an emergency, the inspector uses the power granted under Section 40(1) of The Factories Act, 1948. The inspector issues a written order to the factory manager, demanding that the exit be cleared and the door repaired by a certain date to ensure the safety of the workers.

In another scenario, during an inspection of a chemical plant, the inspector finds that a reactor vessel has developed cracks and could explode under pressure, posing an imminent threat to the safety of the workers. Invoking Section 40(2), the inspector serves a prohibition order on the plant manager, requiring that the use of the reactor vessel be stopped immediately until it is properly repaired or replaced to prevent any potential accidents.