28. Section 61 of the principal enactment is hereby repealed and the following new section substituted therefor:-
61.
| | (1) Where any accident occurs in a factory which-
| | | (a) causes loss of life to a person employed in that factory; or |
| (b) disables any such person for more than three days from earning full wages at the work at which he was employed; or |
| (c) makes any such person unconscious as a result of heat, exhaustion, electric shock or inhalation of irrespirable or poisonous fumes or gases , |
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| | (2) Where any accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, notice in writing of the death shall be sent to the District Factory Inspecting Engineer by the occupier or manager or the superintendent (in the case of an estate factory) as soon as the death comes to his knowledge. | | |
| | (3) Where any accident to which this section applies occurs to a person employed and the occupier of the factory is not the actual employer of the person killed or injured, the actual employer shall, if he fails to report the accident to the occupier or manager or superintendent (in the case of an estate factory) immediately, be guilty of an offence and liable to a fine not exceeding fifty rupees. | | |
| | (4) Where an accident occurs in the factory causing the death of any person employed therein, no person shall touch or disturb or cause any other person to touch or disturb, without the permission of a Factory Inspecting Engineer, any machinery or any article which was involved in such accident, other than for the purpose of extricating or attending on any person concerned in such accident.". | | |
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