EMPEROR Vs. HAJI HASSIM IBRAHIM

JUDGEMENT

(1.) THIS is an application in revision by the accused against his conviction under Section 60, Clause (a), Sub-clause (iii), of the Factories Act, read with Sections 22 and 23 of the Act and Rule 37 of the Factories Rules. The important question, which arises is whether Rule 37 of the Factories Rules is valid.

(2.) RULE 37 provides (inter alia) that every building of more than one storey shall be provided with at least two sets of stairs, and is a rule which is intended to provide facilities for escape in case of fire. The rule was expressed to be made under Sections 22, 23 and 32 of the Factories Act. Section 22 provides that "in every factory such precautions against fire shall be taken as may be prescribed," and "prescribed" means prescribed by rules. Section 23, Sub-section (I), provides that "every factory shall be provided with such means of escape in case of fire as can reasonably be required in the circumstances of each factory." Sub-section (2) provides that "if it appears to the Inspector that any factory is not so provided, he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date.