33. PITS, SUMPS, OPENINGS IN FLOORS, ETC. –
(1) In every factory fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reasons of its depth, situation, construction or contents, is or may be a source of danger, shall be either securely covered or securely fenced.
(2) The State Government may, by order in writing, exempt, subject to such conditions as may be prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening from compliance with the provisions of this section.
Comments
The covering or fencing a pit securely inside the factory means covering or fencing it in such a way as to see that it ceases to be a source of danger to those who had occasion to go near there; State of Mysore v. Narayanan Raghavendra Shirur, (1966-67) 30 FLR 324.
