CHAPTER 297
FACTORIES ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   General application of Act.

   3.   Application to factories belonging to Government.

   4.   Power to exempt in case of public emergency.

   5.   General interpretation.

   6.   Interpretation of expression "factory".

PART II
REGISTRATION OF FACTORIES

   7.   Register of factories.

   8.   Registration of existing factories.

   9.   Registration of new factories.

   10.   Plans of new factories.

   11.   Appointment of Factories Appeal Board.

   12.   Appeal to Board from decision of chief inspector.

PART III
HEALTH (GENERAL PROVISIONS)

   13.   Cleanliness.

   14.   Overcrowding.

   15.   Ventilation.

   16.   Lighting.

   17.   Drainage of floors.

   18.   Sanitary conveniences.

   19.   Enforcement of provisions of section 18 by local authorities.

   20.   Duty of inspector as to sanitary defects remediable by local authorities.

PART IV
SAFETY (GENERAL PROVISIONS)

   21.   Prime movers.

   22.   Transmission machinery.

   23.   Other machinery.

   24.   Provisions as to unfenced machinery.

   25.   Construction and maintenance of fencing.

   26.   Construction and disposal of new machinery.

   27.   Vessels containing dangerous liquids.

   28.   Self-acting machines.

   29.   Training and supervision of inexperienced workers.

   30.   Hoists and lifts.

   31.   Chains, ropes and lifting tackle.

   32.   Cranes and other lifting machines.

   33.   Register of chains, ropes and lifting tackle, and lifting machines.

   34.   Safe means of access and safe place of employment.

   35.   Precautions in places where dangerous fumes are liable to be present.

   36.   Precautions with respect to explosive or inflammable dust, gas, vapour or substance.

   37.   Steam boilers.

   38.   Steam receivers and steam containers.

   39.   Air receivers.

   40.   Exceptions as to steam boilers, steam receivers and steam containers, and air receivers.

   41.   Prevention of fire.

   42.   Safety provisions in case of fire.

   43.   Power of court to make orders as to dangerous conditions and practices.

   44.   Power of court to make orders as to dangerous factory.

   45.   Appeal from orders made on complaint.

PART V
WELFARE (GENERAL PROVISIONS)

   46.   Supply of drinking water.

   47.   Washing facilities.

   48.   Accommodation for clothing.

   49.   First-aid.

   50.   Exemption if ambulance room provided.

PART VI
HEALTH, SAFETY AND WELFARE (SPECIAL PROVISIONS AND RULES)

   51.   Removal of dust or fumes.

   52.   Meals in certain dangerous trades.

   53.   Protective clothing and appliances.

   54.   Protection of eyes in certain processes.

   55.   Power to make rules for health, safety and welfare.

   56.   Power to take samples.

PART VII
SPECIAL APPLICATIONS AND EXTENSIONS

   57.   Premises where part of building is separate factory.

   58.   Docks, wharves and quays.

   59.   Premises in which steam boilers are used.

   60.   Power to extend application of provisions of this Act.

PART VIII
DOCUMENTS, REGISTERS, PERIODICAL RETURNS, ETC., TO BE KEPT AT THE FACTORY

   61.   Posting of abstract of Act, rules and notices.

   62.   General registers.

   63.   Preservation of registers and records.

   64.   Periodical return of persons employed.

   65.   Duties of persons employed.

   66.   Prohibition of deductions from wages.

PART IX
ADMINISTRATION

   67.   Administration of Act.

   68.   Appointment of inspectors.

   69.   Powers of inspectors.

   70.   Power of inspector to conduct proceedings before a magistrate's court.

   71.   Provisions as to rules and orders made under this Act.

PART X
OFFENCES, PENALTIES AND LEGAL PROCEEDINGS

   72.   Offences.

   73.   Penalty for offences for which no express penalty provided.

   74.   Power of court to order cause of contravention to be remedied.

   75.   Penalty in case of death or injury.

   76.   Forgery of certificates, false entries and false declarations.

   77.   Penalty on persons actually committing offence for which occupier is liable.

   78.   Power of occupier or owner to exempt himself from liability on conviction of the actual offender.

   79.   Proceedings against persons other than occupiers or owners.

   80.   Prosecution of offences.

   81.   Special provisions as to evidence.

   82.   Service and sending of documents, etc.

   83.   Power to modify agreements.

   84.   Power to apportion expenses.

PART XI
MISCELLANEOUS PROVISIONS

   85.   Saving.

SCHEDULES

CHAPTER 297
THE FACTORIES ACT

An Act to make provision for the health, safety and welfare of persons employed in factories and other places, and for related matters.

[1st January, 1952]
[1st July, 1960 - s. 22(3)]

Ord. No. 46 of 1950
Acts Nos.
13 of 1991
6 of 1994
G.Ns. Nos.
34 of 1952
478 of 1962
C.A. Act No. 2 of 1962
[R.L. Cap. 297]

PART I
PRELIMINARY PROVISIONS (ss 1-6)

1.   Short title

   This Act may be cited as the Factories Act.

   [Proviso omitted: Spent.]

2.   General application of Act

   Save as otherwise expressly provided, the provisions of this Act shall apply only to factories as defined by this Act, but shall, except where the contrary intention appears, apply to all those factories.

3.   Application to factories belonging to Government

   This Act shall apply to factories belonging to or in the occupation of the Government of the United Republic of Tanzania.

4.   Power to exempt in case of public emergency

   In case of any public emergency the President may, by order, to the extent and during the period named in the order, exempt from this Act either factories generally or any class or description of factory.

5.   General interpretation G.N. No. 478 of 1962">

   (1) In this Act, unless the context requires otherwise–

   "Act" means the Factories Act;

   "article" includes any solid, liquid or gas, or any combination of them;

   "building injury" includes injuries to health;

   "building operation" means the construction, structural alteration, repair or maintenance of a building (including re-pointing, re-decoration and external cleaning of the structure), the demolition of a building, and the preparation for, and laying the foundation of, an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Act;

   "chief inspector" means the chief inspector appointed under this Act;

   "class or description", in relation to factories, includes a group of factories described by reference to locality;

   "court" means a subordinate court presided over by a resident magistrate or a magistrate;

   "driving-belt" includes any driving strap or rope;

   "fume" includes gas or vapour;

   "general register" means the register kept in accordance with the requirements of section 62;

   "Government" means the Government of the United Republic and any reference to the Government or the Government of the United Republic includes any department;

   "High Court" means the High Court of Tanzania;

   "inspector" means an inspector appointed under this Act;

   "local government authority" means–

   (a)   in any area under the jurisdiction of a municipal council, town council, or township authority, that council or authority;

   (b)   in any other area, any person whom or body of persons which the Minister may by notice published in the Gazette declare to be a local government authority for the purposes of this Act;

   "machinery" includes any driving-belt;

   "maintained" means maintained in an efficient state, in efficient working order, and in good repair;

   "mine" has the same meaning as in the Mining Act *;

   "Minister" means the Minister responsible for labour matters;

   "owner" means the person receiving the rents or profits of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if the premises were leased;

   "prescribed" means prescribed by order of the Minister;

   "prime mover" means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;

   "process" includes the use of any locomotive;

   "railway" means any railway used for the purposes of public traffic, whether passenger, goods or other traffic, and includes any works used in connection with and for the purposes of the railway;

   "sanitary conveniences" includes urinals, water closets, earth closets, privies, ashpits, and any similar conveniences;

   "steam boiler" means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure, and includes any economizer used to heat water being fed to that vessel, and any superheater used for heating steam;

   "transmission machinery" means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance;

   "work of engineering construction" means the construction of any railway line or siding, and the construction, structural alteration or repair (including re-pointing and re-painting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct, sewer, sewage works, or gasholder, and shall include any other works as may be specified by the Minister by order published in the Gazette.

   (2) For the purposes of this Act, machinery or plant shall be deemed to have been constructed or reconstructed before the passing of this Act or the making of rules under this and a factory or building shall be deemed to have been constructed, reconstructed, extended, added to or converted for use as a factory, before the passing or commencement of this Act or the coming into operation of any provision of this Act, if the construction, reconstruction, extension, addition, or conversion begun before the passing or commencement of this Act or the making of rules under this Act, or the coming into operation of any provision of this Act, as the case may be.

   (3) For the purposes of this Act, mechanical power shall not be deemed to be used in a factory by reason only that mechanical power is used for the purpose of heating, ventilating or lighting the workrooms or other parts of the factory.

   (4) For the purposes of this Act, an apprentice shall be deemed to be a person employed.

6.   Interpretation of expression "factory"

   (1) Subject to the provisions of this section, the expression "factory" means any premises in which, or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes, namely–

   (a)   the making of any article or of part of any article;

   (b)   the altering, repairing, ornamenting, finishing, cleaning, or washing, or the breaking up or demolition of any article; or

   (c)   the adapting for sale of any article,

being premises in which, or within the close or curtilage or precincts of which, the work is carried on by way of trade or for purposes of gain and to or over which the employer of the persons employed there has the right of access or control.

    And (whether or not they are factories by reason of the precise definition) the expression "factory" also includes the following premises in which persons are employed in manual labour, that is to say–

   (i)    any yard or dry dock (including their precincts) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up;

   (ii)    any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory;

   (iii)   any premises in which the construction, reconstruction or repair of locomotives, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking, not being any premises used for the purposes of housing locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out;

   (iv)    any premises in which printing by letterpress, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on;

   (v)    any premises in which mechanical power is used in connection with the making or repair of articles of metal or wood incidentally to any business carried on by way of trade or for purposes of gain;

   (vi)    any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction, not being premises in which those operations or works are being carried on;

   (vii)   any premises in which persons are regularly employed in or in connection with the generating of electrical energy for supply by way of trade, or for supply for the purposes of any industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places;

   (viii)   any premises in which mechanical power is used for the purposes of or in connection with a water supply, being premises in which persons are regularly employed; or

   (ix)    any sewage works in which mechanical power is used and any pumping station used in connection with any sewage works:

   Provided that the Minister may, if in special circumstances he thinks it expedient so to do, by order published in the Gazette, except any premises or part of any premises being a factory as defined in this provision defined from the application of all or any of the provisions of this Act.

   (2) Any line or siding (not being part of a railway) which is used in connection with and for the purposes of a factory shall be deemed to be part of the factory; and if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory, and the provisions of this Act shall apply as if such different occupiers were jointly the occupiers of the line or siding so deemed to be a factory.

   (3) Any work place in which, with permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute the work place a factory if the persons working in it were in the employment of the owner or occupier, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.

   (4) No premises in or adjacent to and belonging to a mine, being premises in which the only process carried on is a process ancillary to the getting, dressing or preparation for sale of minerals, shall be deemed to be a factory.

   (5) Where a place situate within the close, curtilage, or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory.

   (6) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.

   (7) Any premises belonging to or in the occupation of the Government of Tanzania or any local government authority, shall not be deemed not to be a factory by reason only that the work carried on there is not carried on by way of trade or for purposes of gain.

PART II
REGISTRATION OF FACTORIES (ss 7-12)

7.   Register of factories

   The chief inspector shall keep a register of factories, in which he shall cause to be entered any particulars in relation to every factory required to be registered under this Act as he may consider necessary or desirable.

8.   Registration of existing factories

   (1) Every person who commencement of this Act occupies a factory shall, within one month after the commencement, apply for the registration of the factory by sending to the chief inspector a written notice containing the particulars set out in the First Schedule.

   (2) Upon receipt of the notice the chief inspector shall cause the factory to be registered and shall issue to the occupier a certificate of registration in the form set out in the Second Schedule.

9.   Registration of new factories Act No. 13 of 1991">

   (1) Before any person occupies or uses as a factory any premises which were not so occupied or used by him at the commencement of this Act, he shall apply for the registration of those premises by sending to the chief inspector a written notice containing the particulars set out in the First Schedule.

   (2) Upon receipt of the notice and on being satisfied that the premises are suitable for use as a factory of the nature stated in the notice, the chief inspector, shall cause the premises to be registered and shall issue to the applicant a certificate of registration in the form set out in the Second Schedule.

   (3) Any person who, without there having been issued to him a certificate of registration as, occupies or uses as a factory any premises which were not so occupied or used by him at the commencement of this Act commits an offence and on conviction is liable to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both the fine and imprisonment and if the contravention in respect of which he was so convicted is continued after the conviction, he shall further be liable in respect of it to a fine not exceeding one hundred shillings, or to imprisonment for a term not exceeding seven days, or to both the fine and imprisonment, for each day on which the offence was so continued.

   (4) Where the chief inspector refuses to issue a certificate of registration under this section he shall, if so required by the applicant, state in writing the grounds of the refusal.

10.   Plans of new factories

   Where, under the provisions of any other law for the time being in force in Tanzania plans of an intended factory or of any intended building appurtenant to a factory are submitted to any local government authority, that authority shall, before approving those plans, forward their copies to the chief inspector and, notwithstanding the provisions of that other law, shall not approve the plans until notified by the chief inspector that the premises concerned are, in his opinion, suitable for use as a factory of the nature proposed.

11.   Appointment of Factories Appeal Board

   (1) Subject to the provisions of subsection (2) of this section, the Minister may, by notice published in the Gazette, appoint persons whom he thinks fit to be a Factories Appeal Board (in this Act referred to as the Board) for the purpose of hearing and determining any appeal that may be submitted to it under the provisions of section 12.

   (2) The Board shall consist of a Chairman and not less than six other members, and the chairman shall be a person having legal qualifications.

   (3) At any meeting of the Board, a quorum shall be the chairman and two other members.

   (4) The Minister may make rules regulating the procedure of the Board and, in the absence of the rules, the Board shall regulate its own procedure.

12.   Appeal to Board from decision of chief inspector

   (1) If any person is aggrieved by a decision of the chief inspector under the provisions of this Part, he may, within thirty days from the date of the decision, send to the chairman of the Board and to the chief inspector written notice of his intention to appeal to the Board against the decision and the notice shall state the grounds of the appeal.

   (2) On receipt of the written notice, the chairman of the Board shall appoint a day and place for the hearing of the appeal, and shall notify the parties concerned in the appeal.

   (3) For the purposes of subsection (2) the chief inspector shall be a party concerned in the appeal and shall be entitled to appear and be heard before the Board at the hearing of the appeal.

   (4) The Board may, on hearing the appeal, confirm, vary or reverse the decision of the chief inspector, and the decision of the Board shall be final.

PART III
HEALTH (GENERAL PROVISIONS) (ss 13-20)

13.   Cleanliness

   Every factory shall be kept in a clean state, and free from effluvia arising from any drain, sanitary convenience or nuisance, and, without prejudice to the generality of the foregoing provision–

   (a)   accumulations of dirt and refuse shall be removed daily by a suitable method from the floors and benches of workrooms, and from the staircases and passages;

   (b)   the floor of every workroom shall be cleaned at least once in every week by washing or, if it is effective and suitable, by sweeping or other method;

   (c)   all inside walls and partitions, and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircases shall–

      (i)    where they have a smooth impervious surface, at least once in every period of twelve months be washed with hot water and soap or cleaned by other suitable method;

      (ii)    where they are kept painted with oil paint or varnished, be re-painted or re-varnished at least once in every period of five years, and at least once in every period of twelve months be washed with hot water and soap or cleaned by other suitable method;

      (iii)   in other cases be kept whitewashed or colour-washed and the whitewashing or colour-washing shall be repeated at least once in every period of twelve months:

            Provided that where it appears to the Labour Commissioner that in any class or description of factory or part of it any of the preceding provisions of this section are not required for the purpose of keeping the factory in a clean state, or are by reason of special circumstances inappropriate or inadequate for such purpose, he may, if he thinks fit, by order published in the Gazette direct that those provisions shall not apply to factories, or parts of factories, of that class or description, or shall apply as varied by the order.

14.   Overcrowding

   (1) A factory shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed in it.

   (2) Without prejudice to the generality of subsection (1), a factory shall be deemed to be so overcrowded if the number of persons employed at a time in any workroom is such that the amount of cubic space allowed for every person employed is less than three hundred and fifty cubic feet:

   Provided that in calculating, for the purposes of this subsection, the amount of cubic space in any room, no space more than fourteen feet from the floor shall be taken into account, and, where a room contains a gallery, the gallery shall be treated for the purposes of this subsection as if it were partitioned off from the remainder of the room and formed a separate room.

   (3) Every workroom shall be not less than nine feet in height, measured from the floor to the lowest point of the ceiling or, where there is no ceiling, to the lowest point of the roofing material:

   Provided that, if the labour Commissioner is satisfied that owing to the special conditions under which the work is carried on in any workroom the application of the provisions of this subsection to that workroom would be inappropriate or unnecessary, he may by certificate in writing except the workroom from those provisions subject to any conditions specified in the certificate.

   (4) As respects any room used as a workroom at the date of the passing of this Act, the provisions of subsections (2) and (3) shall not have effect until after the expiration of a period of four years after that date.

15.   Ventilation

   Effective and suitable provision shall be made for securing and maintaining by the circulation of fresh air in each workroom the adequate ventilation of the room.

16.   Lighting

   (1) Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of a factory in which persons are working or passing.

   (2) All glazed windows and skylights used for the lighting of workrooms shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction:

   Provided that this subsection shall not affect the whitewashing or shading of windows and skylights for the purpose of mitigating heat or glare.

17.   Drainage of floors

   Where any process is carried on which renders the floor liable to be wet to such an extent that the wet is capable of being removed by drainage, effective means shall be provided and maintained for draining off the wet.

18.   Sanitary conveniences

   (1) Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provision shall be made for lighting the conveniences and, where persons of both sexes are or are intended to be employed (except in the case of factories where the only persons employed are members of the same family dwelling there), the conveniences shall afford proper separate accommodation for persons of each sex.

   (2) The Minister may make rules determining for factories or for any class or description of factory what is sufficient and suitable provision for the purposes of this section.

19.   Enforcement of provisions of section 18 by local authorities

   The provisions of section 18, and any rules made under it, shall, in the areas which the Minister may by notice published in the Gazette direct, be enforced by the local authority.

20.   Duty of inspector as to sanitary defects remediable by local authorities

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