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Analysis of The Haryana State Employment of Local Candidates Act, 2020 - by S K Gupta , Advocate , Supreme Court

2021-12-06T10:33:00.001+05:30

Analysis of The Haryana State Employment of Local Candidates Act, 2020

ARTICLE ON THE HARYANA STATE EMPLOYMENT OF LOCAL CANDIDATES ACT,2020 AND ITS VALIDITY UNDER THE PROVISIONS OF THE CONSTITUTION OF INDIA

Completely analyzed

S K Gupta , Advocate , Supreme Court

www.makeinindialawfirm.com

Applicability :

The Haryana State Employment of Local Candidates Act, 2020 (in short the ‘Act, 2020’) which shall be applicable to all private companies, societies, trusts, and partnership firms (hereinafter referred ‘establishment”) in the State of Haryana which employ more than 10 people in their establishments, will have to reserve 75% of their future jobs employment for those local employees who are being offered a salary of 30,000 or less with effect from January 15, 2022.

Exemption Clause:

Under Section 5 of the Act, 2020 is having exemption clause by which employers are allowed to claim exemption from reserving jobs if “local candidates of the desired skill, qualification or proficiency are not available.” A ‘Designated Officer’, notified by the State Government, may either accept or reject this claim of exemption of the concerned employer. Practically, it is very difficult to get exemption from the State Government because this Act, 2020 is legislated due to political reasons.

Penal Clause:

Under Section 12 of the Act, 2020 if the employer fails to follow the said reservation target for local candidates in their establishments, then such employer may be charged with a fine of up to 2 lakh rupees.

What is the Position for similar provisions in other States?

Notwithstanding as stated, some other states have also enacted similar laws to provide reservation for their local citizens in the private establishments. These states include Maharashtra (up to 80% quota), Karnataka (75%), Andhra Pradesh (75%), and Madhya Pradesh (70%), and recently Jharkhand (75%) in line with the State of Haryana has also passed. However, many of these states’ laws have been challenged in the respective High Court(s) but in most of the states, these have not been implemented because the

industries/establishments have been reluctant to follow such provisions due to productivity, their hiring standards,and Industrial Relations thereof. It is worthwhile to mention that the Andhra Pradesh High Court — while hearing a petition against “The Andhra Pradesh Employment Of Local Candidates in the Industries/Factories Act, 2019” , observed that it may be unconstitutional, and asked the government to show why it should not be struck down?.The matter is presently sub-judice and the High Court’s verdict is awaited.

Social, and Legal Reasons

After reading the provisions of the Act, 2020, and the way it was passed by the State of Haryana, to my mind, the Act, 2020 is not having full support of the provisions of Indian Constitution. Therefore , the Act,2020 can be challenged because the Act,2020 was passed to achieve political mileage , not for an easy-doing-business concept to increase industrialization as well as employment in the State of Haryana . If the Act, 2020 is going to be implemented from 15th January 2022, the employers of the State of Haryana may think of shifting their units /establishments to other States. Moreover, new industry /establishment may not come in future in the State of Haryana.

Why should this Act, 2020 be challenged before the High Court?

To my mind, passing Act, 2020, is an example of the ‘Excessive misuse of Legislative Power by not following the provisions of the Indian Constitution”. Thus, the Act, 2020 is prima-facie, unconstitutional in view of Articles 14, 15, 16 , and 19 which form part of a scheme of the Constitutional Right to Equality. Article 15 and 16 are incidents of guarantees of Equality, and give effect to Article 14. However, initially, Articles 15(4) and 16(4) were considered exceptions to Articles 15(1) and 16(1). Therefore, the Act, 2020 can be challenged before the High Court on the following grounds:

Article 14. Equality before law: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

The said Article is clearly in two parts – while it commands the State not to deny to any person ‘equality before law’, it also commands the State not to deny the ‘equal protection of the laws’. Equality before law prohibits discrimination. It is a negative concept. The concept of ‘equal protection of the laws’ requires the State to give special treatment to persons in different situations in order to establish equality amongst all. It is positive in character.

Therefore, the necessary corollary to this would be that equals would be treated equally,

To protect the right to equality under Article 14 of the Constitution, the Supreme Court developed the Classification Doctrine. As observed in the case of Anwar Ali Sarkar's case ([1952] S.C.R. 284), for any classification to be reasonable, it must be (a) based on an intelligible differentia and (b) the act must have a rational nexus to the objective sought to be achieved. We have previously dealt with the issue of rational nexus – as the first and second prongs of the Doctrine of Proportionality. Therefore, we shall limit our discussion in this section to ‘intelligible differentia.’

With respect to the contours of an ‘intelligible differentia’, in Deepak Sibal v. Punjab University, [1989] 2 SCC 145 M.M. Dutt, J speaking for the Court has held thus: "In order to consider the question as to the reasonableness of the classification, it is necessary to take into account the objective for such classification. If the objective be illogical, unfair and unjust, necessarily the classification will have to be held as unreasonable. In the present case, the Act creates a class that is not founded upon an intelligible differentia as Haryanvi and non-Haryanvi workers seeking low-wage employment are similarly placed, and there is no rational ground to provide preferential treatment to the former over the latter. Therefore, in the absence of an intelligible differentia to underpin the classification created by the Act, it is in violation of the right to equality under Article 14 of the Constitution.

Article 15 .

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to

(a) access to shops, public restaurants, hotels and palaces of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public

(3) Nothing in this article shall prevent the State from making any special provision for women and children

(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes

The Article 15 secures the citizens from every sort of discrimination by the State, on the grounds of religion, race, caste, sex or place of birth or any of them. However, this Article does not prevent the State from making any special provisions for women or children. Further, it also allows the State to extend special provisions for socially and economically backward classes for their advancement. It applies to the Scheduled Castes (SC) and Scheduled

Tribes (ST) as well. Article 15 assures equality of opportunity in matters of public employment across India, and prevents the State from any sort of discrimination on the grounds of religion, race, caste, sex, descent, and place of birth, residence or any of them.

Article 16

16. Equality of opportunity in matters of public employment

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination

Article 16(2) and (3) of the constitution which prohibits discrimination in employment on the grounds of place of residence. Article 16(1) lies down that the state cannot discriminate against any citizen in the matters of employment. Likewise, Article 16(2) too makes it clear that “no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State”. However, clause 3 of Article 16 allows Parliament to make any law with residence qualifications necessary for government jobs, thus introducing the domicile-based preferential treatment. Article 16(4) also allows the state to reserve employment for any backward class of citizens, which in the opinion of the state, is not adequately represented in services. This opens the door for the reservations of Other Backward Classes (OBCs). Article 16(4A) was incorporated, permitting reservation in promotions but restricting the same to Scheduled Caste (SC) and Scheduled Tribes (ST) , not for local domicile of the State. The Act, 2020, violated Article 16(2) and (3) of the constitution which prohibits discrimination in employment on the grounds of place of residence.

This view, that Articles 15(4) and 16(4) were exceptions to Articles 15(1) and 16(1), was again reiterated in Triloki Nath v. State of Jammu and Kashmir, AIR 1969 SC 1, and in State of A.P. v. U.S.V. Balram, (1972) 1 SCC 660. The majority of a 7-Judge Bench of the Hon’ble Supreme Court, in State of Kerala v. N.M. Thomas, (1976) 2 SCC 310, introduced a change in the concept of equality. It held that Articles 14, 15, and 16 are all equality rights, and that the scheme of equality sought to achieve real equality. It was held that Articles 15(4) and Article 16(4) are not exceptions to Articles 15(1) and 16(1) respectively.

A 9-Judge Bench of the Hon’ble Supreme Court settled this issue in Indra Sawhney v. Union of India, 1992 (Supp) 3 SCC 217, where the majority upheld the principle laid down in Thomas’ case that Articles 15(4) and 16(4) were not exceptions to Articles 15(1) and 16(1), but were an emphatic

statement of equality.

Therefore, equality across the country, as guaranteed in the Constitution of India, not only conceives of providing formal equality but also to provide for real, and absolute equality. Articles 14 and 15(1) enable and contemplate classification to achieve the Constitutional Objective of real equality. Articles 15(4) and 16(4) flow out of Articles 15(1) and 16(1) respectively, and can never be considered as exceptions to Article 15(1) and Article 16(1).

Hence , the Employers of the State of the Haryana are having very tenable grounds for quashing the Act,2020.

Article 19(1) (g) to practice any profession, or to carry on any occupation, trade or business

Article 19(1) (g) of the Constitution of India gives guarantee to every citizen of India , the right to practice any profession and carry on any occupation, trade or business across India but by way of the Act,2020, this fundamental right of the Indian citizen is diluted. In matter of Sukhnandan Saran Dinesh Kumar v. Union of India (1982 (2) SCC 150), the Supreme Court explained what is challengeable under Article 19(1) (g). The court observed that if it is shown that a restriction on a trade directly and proximately interferes with the freedom of trade, it becomes challengeable under Article 19(1) (g). The act passes this test. Section 4 of the Act makes it mandatory for an ‘employer’ to hire 75% local candidates for posts where the monthly salary is not more than Rs.30, 000 per month. Furthermore, Section 5(2) (iii) of the Act, 2020 provides a “Designated Officer” with the power to compel employers to train candidates in the relevant skills, if local candidates with desired qualifications are unavailable. Both these obligations severely limit the autonomy of the employer in hiring the candidates they find most suitable and, in turn, directly interfere with the freedom to trade, and select the competent employees across the country to run their business effectively. Moreover, for getting exemption under Section 5(2) (iii) of the Act, 2020 will be very difficult, and having political interference, and moreover, it will be time taking to get exemption to select the employees from other States.

Reasonable Restrictions on the Right: What is ‘in the interest of the general public’

The freedom guaranteed under Article 19(1)(g), however, is not absolute. Under Article 19(6), a restriction must be a reasonable restriction in the general interest of the public for it to be constitutional. A policy analysis of whether the impugned Act is in the ‘interest of the general public’ is beyond the scope of this article. The term public interest is broad [‘public interest’

often replaces ‘in the interest of general public’- although it is the latter that finds mention in the text of Article 19(6)]. On multiple occasions, the Supreme Court has observed that public interest is a capacious concept. In matter of Municipal Corporation of the City of Ahmedabad & Ors. v. Jan Mohammed Usmanbhai & Anr. [(1986) 3 SCC 20], the Court observed that the “expression ‘in the interest of general public’ is of wide import comprehending public order, public health, public security, morals, economic welfare of the community and the objects mentioned in part IV of the Constitution.” The definition, if at all it can be considered as one, is illustrative and ambiguous.

For example, while the Act may be for the economic welfare of employees domiciled in the state of Haryana, it is to the obvious detriment of migrants who do not have a domicile in Haryana as well as the private employers. With such competing interests at stake, it is the reasonableness of the Act that determines its constitutionality. For, there is always the possibility for an Act to be in public interest and yet cast a restriction so excessive that it falls outside the realm of constitutionality. It is in this backdrop that the article shall now test the validity of the Act against the anvil of ‘reasonableness’.

The Act and its tendency to promote Bureaucratic Red-Tapism for taking exemption u/s 5 of the Act,2020, and inspection of the establishment thereof.

The Act,2020 violates several fundamental rights, but also the provisions of the Act,2020 have excessive bureaucratic intervention in the private sphere. As discussed earlier in this article, Section 5 of the Act allows a Designated Officer to accept or reject the employers’ claim to hire local candidates based on an enquiry as “he deems fit”. The absence of any rules or guidelines on how this enquiry is to be conducted leaves room for the exercise of wide discretionary power and corruption thereof. This is problematic for the employers to get exemption due to various political reasons. Therefore, on this similar problem, the Supreme Court held in matter of State of Rajasthan v. Nathmal and Mithamal, [1954] SCR 982; Narendra Kumar v. Union of India, [1960] 2 SCR 375; Panipat Co-operative Sugar Mills v. Union of India, [1973] 1 SCC 129; Anakapalle Co-operative Agricultural & Industrial Society Ltd. v. Union of India, [1973] 3 SCC 435 that a law affecting a fundamental right may be held bad on the ground of uncertainty and vagueness.

Under Section 8, an ‘Authorized Officer’ has been empowered to enter the premises of an enterprise to inspect whether the provisions of the Act are being complied with. The actions of Authorized Officers have limited scope of review as the Act presumes the officers to have acted in good faith. Red-

Tapism of this kind is a hindrance to the prosperity of businesses in the long run. Corporations/ establishments have already signified their intention of relocating their businesses to jurisdictions which favour an “ease of doing business”. Therefore, the Act,2020 by dis-incentivizing investors, forcing businesses to relocate, diminishing an overall business friendly image of the state, and compelling companies to recruit from a limited pool of candidates, disproportionally and arbitrarily restricts the fundamental right to free trade,

Therefore, the provisions of the Act,2020 are not in furtherance of public interest at large.

It is also interesting to note that the four new labour codes finalized by the Ministry of Labour and Employment , and some provisions have been notified to implement wherein protection of migration of inter-state workers , Gig workers and unorganized Labour have been increased by inserting social welfare provisions.For instance, the Occupational Safety, Health and Working Conditions Code,2020 , and Social Security Code,2020 have widened the definition of migrant workers to include not just those workers who are recruited by contractors, but also the workers who move from one state to another state for getting employment. Therefore, the Act,2020 by outsourcing

workers from other states, is not in consonance with the Parliament’s policy of the present Government. The such legislations of this kind are damaging to the spirit of collaborative federalism in India and must not be allowed to prevail for regionalism across the country.

CONCLUSION

There are several compelling arguments against the Act,2020‘s validity based on Article 14 , 15 , 16 , and 19 which are elaborately mentioned above. It is pertinent to recall that the Supreme Court held in the case of Maneka Gandhi v. Union of India , [1978] 2 SCR 621; that fundamental rights do not exist in compartmentalized isolation, rather, they form an inextricable link with each other. It was made unequivocal that Articles 14 and 19 are not mutually exclusive and must be read together. The Act goes on to violate multiple aspects of these fundamental rights and hence the state legislature must urgently rethink its decision to implement it.

It has been held in a body of judgments of the Supreme Court that directions cannot be issued to the state to give reservation to any class of citizens. Starting 1963, several rulings have emphasized that Articles 15(4) and 16(4) are enabling provisions and do not confer any right on SC/STs, OBCs or any other group of citizens to demand reservation as a matter of right, and thus, no such directive can be issued to the state.

In the matter of MR Balaji Vs State of Mysore, 1963, a five-judge bench had underscored: “It is necessary to emphasize that Article 15(4) like Article

16(4) is an enabling provision, it does not impose an obligation, but merely leaves it to the discretion of the appropriate government to take suitable action, if necessary.” This judgment quashed the order of the state of Mysore, providing as much as 75% reservation in educational institutions to all communities except Brahmins. It also held that caste cannot be the sole and dominant test for determining social backwardness and the reservation made under Article 15(4) should be reasonable and less than 50%

Mukesh Kumar & Anr Vs State of Uttarakhand, 2020, Civil Appeal No. 1226 of 2020 can also be read while drafting writ petition

Most Important Judgments.

State governments have no such power to pass laws directly on domicile-based reservation, some important judgments are as under :

In matter of Dr.Pradeep Jain vs. Union of India , [(1984) 3 SCC 654], the top court dealt specifically with the issue of domicile-based reservation, noting that to regard an individual from one state as an outsider in another state “would be to deny him his constitutional rights and to derecognise the essential unity and integrity of the country by treating it as if it were a mere conglomeration of independent States.”

“It would appear that residential requirement would be unconstitutional as a condition of eligibility for employment or appointment to an office under the State which also covers an office under any local or other authority within the State or any corporation, such as a public sector corporation, which is an instrumentality or agency of the State,” it further held.

The court, in this judgment, also discussed the “sons of the soil” concept while regretting that the Supreme Court initially allowed “sons of the soil” demands to develop claiming special treatment on the basis of residence in the concerned State, because recognizing and conceding such demands had a populist appeal. “The result is that ‘sons of the soil’ claims, though not altogether illegitimate if confined within reasonable bounds, are breaking asunder the unity and integrity of the nation by fostering and strengthening narrow parochial loyalties based on language and residence within a state.”

In Nidamarti Maheshkumar Vs State of Maharashtra, 1986, when region-wise classification for admissions to medical colleges was sought to be defended on the ground that Vidharbha and Marathwada regions are backward as compared to Pune and Bombay regions, the apex court declined to accept such contention, saying it is not possible to categorise the regions within the

jurisdiction of the various universities as backward or advanced as if they were exclusive categories.

In Sunanda Reddy Vs State of Andhra Pradesh, 1995, the Supreme Court affirmed the observation in Pradeep Jain to strike down a state government policy that gave 5% extra weightage to candidates who had studied with Telugu as the medium of instruction.

VERY IMPORTANT JUDGMENTs

In matter of Govind A. Mane Vs. State of Maharashtra, (2000 (4) SCC 200, the top court quashed the state government’s decision to distribute seats district-wise for admission to B.Ed course, saying that such allocation based on residence would be violative of Article 14 (equality) of the Constitution when it fails to put forth any material to show the nexus between such distribution and the object sought to be achieved.

Similarly, in matter Kailash Chand Sharma Vs State of Rajasthan, 2002, Appeal (civil) 4417 of 2002 , Supreme Court, the court held that “measures taken by the State on considerations of localism are not sanctioned by the constitutional mandate of equality”. ”Attempts to prefer candidates of a local area in the State were nipped in the bud by this Court since long past. We would like to reiterate that residence by itself be it be within a State, region, district or lesser area within a district cannot be a ground to accord preferential treatment or reservation, save as provided in Article 16(3),” highlighted this judgment. In the judgment , Govind A. Mane Vs. State of Maharashtra, (2000 (4) SCC 200 was also discussed. Therefore, while drafting the writ petition or placing arguments , the above full text of judgment should be read properly.

In reserving jobs for “local candidates,” Haryana's new law, on the face of it, falls foul of the principles evolved by the Supreme Court in the catena of judgments that have developed over the last 70-odd years. This will be the prime legal hurdle that the State Government shall face once the law is challenged in a constitutional court because provisions of law cannot be legislated for getting political mileage.

Suggestions,and criticisms are solicited on my email:skpfdelhi@gmail.com

Salary re-structuring (Union Concern)

2021-10-01T11:39:00.007+05:30

Question:

Whether Salary re-structuring can be done without consulting the present Union and also when the conciliation is in progress?

Answer:
No, the salary re-structuring amounts to change of service conditions as per the provisions of the Industrial Dispute Act.

Since the above would amount to change in the service conditions and the altering/ re-structuring of salaries & benefits is one of the items included in the fourth schedule of the Industrial Disputes Act.

The above requires compliance with section 9A of the Industrial Disputes Act. The said section mandates that before effecting any change in service condition, 21 days' notice shall be given with regard to the intended change. The notice thereof will have to be sent to the conciliation officer. The conciliation officer may intervene and initiate conciliation proceedings.

The proposed change cannot be made during the pendency of the conciliation proceedings. Any change can be made in such circumstances only after the receipt of the report of failure of conciliation proceedings by the government and before the matter if referred to for adjudication.

Once the matter is referred to for adjudication change cannot be made during the pendency of the adjudication proceedings without the permission of the court.

Thus, the procedure prescribed under 9 A is cumbersome and the purpose of issuing the notice itself may not be served. The best course is to have an understanding or a settlement with the Union before effecting the change.

Conveyance Allowance is not wage under ESI Act - Supreme Court

2021-09-13T14:48:00.000+05:30

The below case details and attached judgement copy is for your knowledge and reference purpose.

Case between - Texmo Industries Vs ESIC

Subject of the Case - “Conveyance Allowance” is an exempt component of wage under ESIC - Supreme Court of India in the case of ESIC Vs Texmo Industries in Special Leave Petition (c), SC-811/2021.

Case Details

Matter in Front of the Employees State Insurance Court - Coimbatore.

ESIC conducted the Inspection Texmo Industries for the period of December 2010 to December 2014. The ESIC Inspecting authorities found Rs. 19,38,300/- was due from the employer which includes Rs. 9,48,517/- for the payment of the Conveyance allowance. The authorities found Rs. 1,45,92,566/- was paid on the head of the conveyance allowance as wages. The ESIC further issued a notice under Section 7-C and subsequently issued an Order under Section 45A for the payment of contribution for the Conveyance allowance paid to the employees of Rs. 9,48,517/-. Texmo Industries paid the remaining portion of findings other than Rs. 9,48,517/- which was demanded the contribution against the conveyance allowance paid to the employees and the settlements made during separation.

Texmo Industries filed an appeal in the Employees State Insurance Court - Coimbatore against the order passed by the ESIC authorities under Section 45A. The matter was listed and both sides submitted various evidence and case law references in front of the Presiding officer of Principal Labour Court Coimbatore.

The Court before dealing with the submission made on either side referred to the definition of wage under Section 2(22) under the ESI Act.

ESI Act, Section 2(22) - “wages” means all remuneration paid or payable in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes any payment to an employee in respect of any period of authorized leave, lock-out, the strike which is not illegal or layoff and other additional remuneration, if any, paid at intervals not exceeding two months, but does not include-

(a) any contribution paid by the employer to any pension fund or provident fund, or under this Act;

(b) any travelling allowance or the value of any travelling concession;

(d) any gratuity payable on discharge

Reference to the Judgement (Supra) of “Management of Oriental Hotels Ltd., Chennai v. Employees State Insurance Corporation, Chennai” the Court found that paying conveyance allowance is only to enable the employee to reach his place of work from the place of his residence and therefore, it will not fall within the definition of 'wages'. Under such circumstances.

Further, the Employees State Insurance Court - Coimbatore, issued a Judgement in favour of Petitioner (Texmo Industries) to set aside the order passed under Section 45A of ESI Act by the ESIC authorities for the collection of Rs. 9,48,517/- towards the conveyance allowance paid to the employees.

Matter in Front of the Madras High Court - Chennai.

The ESIC filed a petition in the Madras High Court under Section 82(2) of the ESI Act to set aside the order passed by the ESI Court - Coimbatore on the above-said case.

The High Court also relied on the “Management of Oriental Hotels Ltd., Chennai v. Employees State Insurance Corporation, Chennai” for clarifying the Travelling allowance or Conveyance allowance paid to the employees will not fall under the Wage definition of Section 2(22) of ESI Act.

In view of the settled legal position that the wage does not include the travelling allowance or the value of any travelling concession for the simple reason that paying conveyance allowance is in the nature of travelling allowance as the object of that payment is to enable the employee to reach his place of work which will not fall within the definition of wages.

The Petition filed by the ESI to cancel the order of the ESI Court of Coimbatore was dismissed.

Matter in Front of the Hon’ble Supreme Court of India.

The ESI filed an Special Leave Petition in the Hon’ble Supreme Court to set aside the order of the Madras High Court and ESI Court - Coimbatore.

The Supreme Court also relied on the Supra Judgement of “Management of Oriental Hotels Ltd., Chennai v. Employees State Insurance Corporation, Chennai” and the “Regional Director, ESI Corporation v. Sundaram Clayton Ltd”.

Payment towards Conveyance Allowance for the travel of employees from their place of residence to their place of work would have to be construed as Travelling Allowance and excluded from ‘wages’ in view of clause (b), sub-section (22) of Section 2 of the ESI Act.

The Supreme court clarified that Conveyance means travel and the Employees State Insurance Act, 1948 & the Industrial Disputes Act, 1948 not clarified about the Travel Allowance and Conveyance allowance to refer. The Supreme Court considered that conveyance allowance paid for the travel purpose of the employees to and fro from home to office and back to home. The Supreme Court referred to various judgements of high courts and supreme courts which did not say anything related to the conveyance allowance. The Supreme Court also clarified that, if transportation provided by the employer will not amount to wages, in the failure of arrangement of transportation by employer-provided with support of conveyance allowance for travel to office and back to work.

In the final, the Honorable Supreme Court of India dismissed the special leave petition filed by the Employees State Insurance Corporation and upheld the decision of Madras High Court Judgement that Conveyance allowance is not part of wages under Section 2(22) of the Employees State Insurance Act, 1948.

Conclusion

Based on the Madras High Court Judgement and The Hon'ble Supreme Court Judgements on the dispute of clarification on whether Conveyance allowance is part of wage or not under Section 2(22) of Employees State Insurance Act, 1948, between the parties Employees State Insurance Corporation Vs Texmo Industries. The case decided that contribution is not attracted towards the Travelling allowance or Conveyance allowance paid to the employees. Conveyance allowance paid regularly or intermittently depending upon the demand, it is the nature of the allowance and the purpose of the allowance which is relevant will hold the immunity of not to contribute ESI.

Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Special Leave Petition (C.) No.811/2021

The Employees State Insurance Corporation ...Petitioner (s)

Versus

M/s Texmo Industries …Respondent (s)

O R D E R

1. This Special Leave Petition is against a judgment and order dated 8th October 2020 passed by the High Court of Judicature at Madras, dismissing the appeal being C.M.A. No.1527 filed by the Employees State Insurance Corporation, hereinafter referred to as the ‘Petitioner Corporation’, under Section 82(2) of the Employees State Insurance Act, and affirming the order dated 31st July 2020 passed by the Employees State Insurance Court, Coimbatore allowing E.S.I.O.P No. 1/2016 filed by the Respondent Company under Section 5 of the Employee State Insurance Act, 1948 (for short, ‘ESI Act’).

2. The Respondent Company manufactures different kinds of agricultural pumps and other products and has ten branches in Coimbatore, Tamil Nadu. The ESI Act is applicable to the factories and establishments of the Respondent Company, and the employees of the Respondent Company are required to be insured in the manner provided by the ESI Act.

3. The Respondent Company is liable to pay Employees’ State Insurance Contribution in respect of its employees, as provided in Section 39 of the ESI Act. Section 44 of the ESI Act requires the Respondent Company to maintain a register, containing particulars of its employees, and to submit Returns to the Petitioner Corporation, in the manner prescribed by the Regulations framed under the ESI Act.

4. On or about 23rd January 2015, officials of the Petitioner Corporation inspected the records of the Respondent Company for the period from December 2010 to December 2014 and detected discrepancies in the wages, and consequential short payment by the Respondent Company, towards Employees State Insurance contributions, totalling Rs.21,52,829/-, out of which Rs.9,48,517/- was towards Conveyance Allowance, paid by the Respondent Company to its employees.

5. By an order dated 19th March 2015, the Corporation called upon the Respondent Company to pay its outstanding contributions totalling Rs.21,52,829/-, with interest, within 15 days from the date of the order, failing which the same would be recovered as arrears of land revenue. The Respondent Company was, however, given the opportunity of personal hearing, if it disputed the claim of the Corporation. 6. The Respondent Company made a representation against the claim, pointing out that the Corporation had erroneously computed the salary, by including Conveyance Allowance, leave salary, etc. which did not constitute wages as defined in Section 2(22) of the ESI Act.

7. Thereafter the Petitioner Corporation passed an amended order dated 6th July, 2016 under Section 45A of the ESI Act, determining the differential contribution payable by the Respondent Company at Rs.19,38,300/- as per the break up given in the said amended order, that is, Rs.9.89,783 towards difference in wages and Rs.9,48,517/- towards Conveyance Allowance. The Respondent Company duly remitted Rs.9,89,783/- towards the difference in wages.

8. The Respondent Company instituted proceedings in the Employees State Insurance Court being E.S.I.O.P No.1 of 2016 in respect of the claim of the Corporation of Rs.9,48,517/- in respect of the Conveyance Allowance paid by the Respondent Company to its employees.

9. By a judgment and order dated 31st July 2020, the Employees’ State Insurance Court allowed the E.S.I.O.P No.1 of 2016, and set aside the claim of Rs.9,48,517/- in respect of Conveyance Allowance, paid by the Respondent Company to its employees.

10. Being aggrieved by the judgment and order dated 31st July 2016 of the Employees State Insurance Court, the Corporation filed an appeal therefrom in the High Court under Section 82(2) of the ESI Act. The said appeal has been dismissed by the judgment and order impugned in this Special Leave Petition.

11. The short question involved in this Special Leave Petition is whether ‘wages’, as defined in Section 2(22) of the ESI Act, would include Conveyance Allowance paid by the Respondent Company to its employees.

12. Section 22(2) of the ESI Act is set out herein below for convenience:

"2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

…...

(22) “wages” means all remuneration paid or payable, in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes any payment to an employee in respect of any p eriod of authorised leave, lock-out, strike which is not illegal or lay-off and other additional remuneration, if any paid at intervals not exceeding two months], but does not include—

(a) any contribution paid by the employer to any pension fund or provident fund, or under this Act;
(b) any travelling allowance or the value of any travelling concession;
(c) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or
(d) any gratuity payable on discharge”

13. A reading of Section 2(22) of the ESI Act, makes it amply clear that ‘wages’ means all remuneration paid or payable in cash to an employee, under a contract of employment, express or implied, as consideration for discharging his duties and obligations under such contract of employment, including any payment to an employee in respect of any period of authorised leave, lock-out, a strike which is not illegal or lay-off and other additional remuneration, if any, paid at intervals not exceeding two months. The definition of ‘wages’, however, expressly excludes any contribution paid by the employer to any pension fund or provident fund or under the ESI Act, any travelling allowance or the value of any travelling concession, any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment or any gratuity payable on discharge.

14. From the definition of wages in Section 2(22) of the ESI Act, it is amply clear that wages include remunerative payments, but does not include compensatory payments. Travelling allowance including the value of travelling concession has expressly been excluded from the definition of wages, as also any payment made to an employee to reimburse or compensate for special expenses that an employee might incur by reason of the nature of his employment.

15. The Employees’ State Insurance Court held, and in our view, rightly, that Conveyance Allowance is in the nature of travelling allowance, the object of which is to enable the employee to reach his place of work and to defray costs incurred on travel from his place of residence to his place of work. If instead of paying the Conveyance Allowance, the employer-provided free transport to the employee, the monetary value of that benefit of travel from his residence, to his place of work would also not be regarded as forming part of his wages.

16. In Management of Oriental Hotels Ltd., Chennai v. Employees’ State Insurance Corporation, Chennai reported in 2002 (1) LLJ 14, a Division Bench of Madras High Court held:-

“8. In so far as the conveyance allowance is concerned, even though it forms part of the wages being the amount payable in terms of the contract of employment, having regard to the settlement and even de hors the settlement, the payment of the amount would fall within the ambit of "additional remuneration." Nevertheless, that amount will have to be excluded having regard to the specific exclusion provided in the definition itself for travelling allowance or the value of any travelling concession. The conveyance allowance paid is in the nature of travelling allowance as the object of that payment is to enable the employee to reach his place of work and to defray a part of the cost incurred on the travel from his place of residence to the place of work. If instead of paying the conveyance allowance, the employer had provided free transport to the employees, the monetary value of that benefit of free travel from his residence to the place of work would not have been capable of being regarded as forming part of the wages. The conveyance allowance paid in cash for the purpose of being utilised on the travel from place of residence to the place of work, is of the same character and there is no reason why it should not be regarded as travelling allowance for the purpose of Section 2(22)(b), of the Employees’ State Insurance Act.”

17. In Regional Director, ESI Corporation v. Sundaram Clayton Ltd. Reported in 2004 (II) LLJ 30 another Division Bench of the Madras High Court reiterated that, payment towards Conveyance Allowance for the travel of employees from their place of residence to their place of work would have to be construed as Travelling Allowance and excluded from ‘wages’ in view of clause (b), sub-section (22) of Section 2 of the ESI Act.

18. We affirm the view taken by Madras High Court in Oriental Hotels Limited, Chennai (supra) and Sundaram Clayton (supra). In Regional Director, ESI Corporation, Thrissur v. Royal Plastics Industries, Aluva reported in 2015 (2) KLT 64, a Single Bench of Kerala High Court referred to the judgment of the Madras High Court in Oriental Hotels' case (supra) and held that clauses (a) to (d) of sub-section (22) of Section 2 of the ESI Act are in the nature of an exception to the main part of the sub-section. Any Travelling Allowance or the value of any travelling concession would be outside the purview of the term ‘wages’, and that it would make no difference whether the Travelling Allowance was paid as part of the contract of employment, or whether it was paid in a lump sum or whether it was paid at regular intervals. It would not cease to be Travelling Allowance only because it was a fixed sum paid along with the wages, as per the terms of the contract of employment. We agree with the view taken by the Single Bench of Kerala High Court in Royal Plastics Industries (supra).

19. We are unable to agree with the view taken by the Single Bench of Karnataka High Court in Regional Director, Employees State Insurance Corporation v. M/s IT Solutions (India) Private Limited reported in ILR 2002 KAR 4019, that the value of Conveyance Allowance cannot be excluded from the definition of ‘wages’. The reasoning of the Karnataka High Court that Conveyance Allowance cannot be excluded from the definition of ‘wages’ because Conveyance Allowance is paid every month to every employee like House Rent Allowance, in terms of the contract of employment, so as to meet to and fro conveyance expenses, whereas travelling allowance is paid to the concerned employee when he or she is sent out of the station on duty to meet travelling expenses, is in our view, unsustainable in law.

20. We are of the view that the reasoning that Conveyance Allowance cannot be excluded from the definition of ‘wages’ as it is paid every month to every employee, like House Rent Allowance, in terms of the contract of employment, so as to meet to and fro conveyance expenses, is based on an erroneous construction of Section 2(22) of the said Act.

21. The definition of wages in Section 2(22) of the ESI Act clearly excludes Travelling Allowance. The distinction sought to be made by the Petitioner Corporation between Travelling Allowance and Conveyance Allowance, based on the Single Bench judgment of the Karnataka High Court in M/s IT Solutions (India) Private Limited (supra), is in our view misconceived. There is no cogent reason why Conveyance Allowance which is in effect and substance the same as Travelling Allowance, should be treated differently from Travelling Allowance.

22. The expression “Travelling Allowance” has not been defined in the ESI Act. Under Section 2(24) of the ESI Act all words and expressions used, but not defined in the ESI Act shall have the meaning assigned to them under the Industrial Disputes Act, 1947, hereinafter referred to as the ‘ID Act”. Travelling Allowance is also not defined in the ID Act. There is no provision in the ESI Act or in the ID Act, which restricts the scope and ambit of Travelling Allowance. In the absence of any definition or explanation of the expression “Travelling Allowance” in either of those Acts, the expression has to be construed as per its ordinary meaning in common parlance.

23. Conveyance Allowance may or may not be payable to every employee. For that matter, House Rent Allowance may also not be paid to all employees. It is immaterial whether an allowance is paid regularly or intermittently depending on exigencies. It is the nature and purpose of the allowance which is relevant.

24. House Rent Allowance cannot possibly be equated to Conveyance Allowance, since House Rent Allowance is not necessarily connected with the employment of an employee. Irrespective of whether a person is employed or not and irrespective of the nature of his employment, he needs shelter.

25. Conveyance Allowance, on the other hand, compensates expenses that might be incurred by an employee for reporting to his usual place of work or to any other place of work, where he may have to report. If an employer were to provide the employee with accommodation within walking distance from his place of work and that employee were not required to go to any other place in connection with his duties under his contract of employment, the employee may not have to incur any expenditure in connection with his employment. In such a case, Conveyance Allowance would be redundant and might be construed as part of allowance consisting of wages. In this case, it is not the case of the Corporation that the employees concerned did not need to avail any conveyance expenditure to report for duty to their place of work, or otherwise in connection with their duties under their contracts of employment. Nor is there any such finding. We see no reason why Conveyance Allowance should not be excluded from the definition of wages.

26. As per the Oxford Learner’s Dictionary, 8th Edition, conveyance means the process of taking somebody from one place to another. A vehicle or other mode of transport is also formally referred to as conveyance. As per the same dictionary, the word “travel” means “to go from one place to another, especially a long-distance”. That distance could also be a few kilometres. One might travel 10 km to one’s place of work. In many cities, people may have to travel for hours to reach their place of work. Travel is an expression with a wide meaning to include long distance. It also covers short distances.

27. Had it been the intention of Section 2(22) to exclude only occasional long-distance travel from one city to another, from the definition of wages, the Act would have specifically provided so. The expression ‘travel’ is also often used interchangeably with the expression ‘commute’ which means “to travel regularly by bus, train, car etc. between one’s place of work and home, as per the said dictionary. An example given in the said dictionary is “she commutes from Oxford to London every day”. Another example given is “people are prepared to commute long distances if they are desperate for work. The Employees State Insurance Corporation Court was right in holding that there was no difference between Conveyance Allowance and Travelling Allowance.

28. There can be no doubt, as held by this Court in Whirlpool of India Limited v. ESI Corporation reported in (2000) 3 SCC 185 that the ESI Act is social legislation enacted to provide benefits to employees in case of sickness, maternity and employment injury and to make a provision for certain other matters in relation thereto. When there is any ambiguity in any provision, the Court would ordinarily favour a construction that would be beneficial to those for whom the legislation is enacted. In Whirlpool of India Limited (supra), this Court held that production incentive falls within the definition of wages. In this case, there is no ambiguity. There is no such difference between Conveyance Allowance and Travelling Allowance to justify the stand of the Petitioner Corporation that Conveyance Allowance would not fall within the ambit of Travelling Allowance. Travelling Allowance includes Conveyance Allowance. The use of the expression “any travelling allowance” in Section 2(22)(b) makes it clear that all kinds of travelling allowance are excluded from the definition of wages.

29. In Whirlpool of India Limited (supra), this Court referred to and relied inter alia on Wellman (India) (p) Ltd. v. ESI Corporation reported in (1999) 1 SCC 219, Modella Woollens Ltd. V ESI Corporation reported in 1994 Supp(3) SCC 580 and Harihar Polyfibres v. Regional Director, ESI Corporation reported in (1994) 4 SCC 7. In Wellman (supra), this Court held that attendance bonus payable to employees under the terms of the settlement, which became part of the contract of employment was well within the definition of wages. In Modella Woollens (supra), the payment of production bonus to the employees at the end of each quarter was held to be waged. In Harihar Polyfibres (supra), this Court held that payment made at intervals not exceeding two months such as “House Rent Allowance”, “Night Shift Allowance”, “Incentive Allowance” and “Heat, Gas and Dust Allowance” was covered by the definition of wages under Section 2(22) of the ESI Act. None of the judgments dealt with Conveyance Allowance or Travelling Allowance.

30. There is no infirmity at all in the concurrent findings of the High Court and the Employees’ State Insurance Court, which calls for interference under Article 136 of the Constitution of India. The Special Leave Petition is dismissed.

……………………………………………J.

[Indira Banerjee]

…………………………………………….J.

[Hrishikesh Roy]

New Delhi;

March 08, 2021

ITEM NO.13/1 Court 13

(Video Conferencing)

SECTION XII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 811/2021

(Arising out of impugned final judgment and order dated 08-10-2020 in CMA No. 1527/2020 passed by the High Court Of Judicature At Madras)

THE EMPLOYEES STATE INSURANCE CORPORATION Petitioner(s) VERSUS

M/S. TEXMO INDUSTRIES Respondent(s)

( IA No.4677/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )

Date : 08-03-2021 This petition was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE INDIRA BANERJEE

HON'BLE MR. JUSTICE HRISHIKESH ROY

For Petitioner(s) Dr. Sumant Bharadwaj, Adv.

Ms. Mridula Ray Bharadwaj, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

The Special Leave Petition is dismissed in terms of the signed reportable order.

(NIRMALA NEGI) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH) (Signed reportable order is placed on the file)

ITEM NO.13 Court 13 (Video Conferencing) SECTION XII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 811/2021

(Arising out of impugned final judgment and order dated 08-10-2020 in CMA No.1527/2020 passed by the High Court Of Judicature At Madras)

THE EMPLOYEES STATE INSURANCE CORPORATION Petitioner(s) VERSUS

M/S. TEXMO INDUSTRIES Respondent(s)

( IA No.4677/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )

Date : 08-03-2021 This petition was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE INDIRA BANERJEE

HON'BLE MR. JUSTICE HRISHIKESH ROY

For Petitioner(s) Dr. Sumant Bharadwaj, Adv.

Ms. Mridula Ray Bharadwaj, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

The Special Leave Petition is dismissed.

Pending application(s), if any, shall stand disposed of. Reasons to follow.

(NIRMALA NEGI) (MATHEW ABRAHAM) COURT MASTER (SH) COURT MASTER (NSH)

Compulsory Insurance for Gratuity - Not Mandatory

2021-08-31T16:34:00.002+05:30

Question - Our establishment is covered under the Payment of Gratuity Act. We have been advised by our payroll adviser that we have to get ourselves compulsorily an insurance policy for the payment of gratuity with the Life Insurance Corporation. Is he justified and desirable?

Answer - Neither he is justified nor it is desirable. It is pertinent to state here that the Central government, vide Amendment Act No.22 of 1987, has inserted section 4A under the Payment of Gratuity Act, under the caption of ‘compulsory insurance'. Such insertion of compulsory insurance has not been notified for all these years, but at the same time, it has created a misunderstanding amongst the employers who have obtained compulsory insurance. It leads to the blocking of working capital.

As it is not at all compulsory, the employers or their advisors or executives should not be misled in the continuation of the implementation of section 4A of the Act.

However, amongst other States, only Andhra Pradesh has implemented section 4A by making compulsory insurance for gratuity.

Payment of Gratuity Act, 1972 - Section: 4A Compulsory insurance

(1) With effect from such date as may be notified by the appropriate Government in this behalf, every employer, other than an employer or an establishment belonging to, or under the control of, the Central Government or a State Government, shall, subject to the provisions of sub-section (2), obtain insurance in the manner prescribed, for his liability for payment towards the gratuity under this Act, from the Life Insurance Corporation of India established under the Life Insurance Corporation of India Act, 1956 (31 of 1956) or any other prescribed insurer:

Provided that different dates may be appointed for different establishments or classes of establishments or for different areas.

(2) The appropriate Government may, subject to such conditions as may be prescribed, exempt every employer who had already established an approved gratuity fund in respect of his employees and who desires to continue such arrangement and every employer employing five hundred or more persons who establish an approved gratuity fund in the manner prescribed from the provisions of sub-section (1).

(3) For the purpose of effectively implementing the provisions of this section, every employer shall within such time as may be prescribed get his establishment registered with the controlling authority in the prescribed manner and no employer shall be registered under the provisions of this section unless he has taken insurance referred to in sub-section (1) or has established an approved gratuity fund referred to in sub-section (2).

(4) The appropriate Government may, by notification, make rules to give effect to the provisions of this section and such rules may provide for the composition of the Board of Trustees of the approved gratuity fund and for the recovery by the controlling authority of the amount of the gratuity payable to an employee from the Life Insurance Corporation of India or any other insurer with whom insurance has been taken under sub-section (1), or as the case may be, the Board of Trustees of the approved gratuity fund.

(5) Where an employer fails to make any payment by way of premium to the insurance referred to in sub-section (1) or by way of 'contribution to all approved gratuity fund referred to in sub-section (2), he shall be liable to pay the amount of gratuity due under this Act (including interest, if any, for delayed payments) forthwith to the controlling authority.

(6) Whoever contravenes the provisions of sub-section (5) shall be punishable with a fine which may extend to ten thousand rupees and in the case of a continuing offense with a further fine which may extend to one thousand rupees for each day during which the offense continues.

Explanation: In this section "approved gratuity fund" shall have the same meaning as in clause (5) of section 2 of the Income-tax Act, 1961 (43 of 1961)].

EDLI - COVID 19

2021-05-16T09:43:00.001+05:30

If you know anyone who has passed away due to Covid-19 and was an employee under pvt sector, then their nominee/legal heir may be eligible to receive an amount up to ₹7 lakhs under the Employees Deposit Linked Insurance (EDLI) scheme. EDLI is an insurance cover provided by the EPFO (Employees Provident Fund Organisation) for private sector salaried employees.

You may share this information with your friends and acquaintances.

E-File No: 27058 Date:29.04.2021

To,

All ACC (Zones)

All RPFC (in Charge of ROs)

Subject: Gazette Notifcation No.GSR 299(E) dated 28.04.2021 - Reg.

Madam/Sir,

Please fid eiclosed a copy of above meitioied iotifcatioi issued by the

Miiistry of Labour & Employmeit ameidiig the Employees' Deposit-Liiked

Iisuraice Scheme, 1976.

2. The said iotifcatioi provides for the followiig :

(i) The maximum assuraice beieft payable uider paragraph 22(3) of EDLI

Scheme has beei eihaiced to Rs. 7 lakh from earlier maximum beieft of Rs.6

lakh (Uider para 22(3) of the scheme, the salary multiple shall be 35).

(ii) The miiimum assuraice beieft payable uider paragraph 22(3) of the EDLI

Scheme has beei fxed as Rs.2.50 lakh w.e.f. 15.02.2020 (i.e. with efect from

the date of lapse of said beieft).

(iii) The beieft payable uider paragraph 22(3) of EDLI Scheme shall be

exteided to such beiefciaries where the deceased employee was a member of

the Fuid or a provideit fuid exempted uider Sectioi 17 of the EPF & MP Act aid

was ii employmeit for a coitiiuous period of 12 moiths precediig the moith ii

which he died, irrespective of chaige of establishmeit duriig the said period.

(iv) Uider paragraph 28(4) of EDLI Scheme, the power to grait exemptioi to a

class of employees from the provisiois of the scheme has beei delegated to ACC

(Zoie).

(v) The moietary fie payable uider paragraph 29 of EDLI Scheme has beei

eihaiced to Rs.25,000.

3. The provisiois as meitioied ii sub-paragraph (i), (ii) & (iii) above shall

remaii ii force for a period of three years from their date of publicatioi ii the

Official Gazette.

File No.EDLI/Committee-Exem./Extension/2019

4. It is requested to briig above scheme ameidmeits to the iotice of all

employers as well as employees covered uider your jurisdictioi through

appropriate modes of publicity.

5. It also iitimated that all such proposals for grait of exemptioi from EDLI

Scheme, 1976 that may have beei forwarded to this office are required to be reexamiied

by coiceried offices ii light of above ameidmeit for further i.a. Ii

the peidiig exemptioi proposals where the establishmeit may have sought

exemptioi for a "class of employees", where such class may be regular

employees of the establishmeit or aiy other such defied class, appropriate

actioi for grait of exemptioi may be takei ii accordaice with relevait

directiois issued from time to time.

(This issues with the approval of ACC(HQ)(Peisioi))

Yours siicerely,

[Kartikey Singh]

Regional PF Commissioner-I (Pension)

Copy to:

1. RPFC-I (IS) for requisite chaiges ii the applicatioi software at earliest.

2. RPFC-I (NDC) with request for web upload.

3. DD (OL) with request for Hiidi versioi.

File No.EDLI/Committee-Exem./Extension/2019

2420 GI/2021 (1)

रजजस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99

xxxGIDHxxx

xxxGIDExxx

असाधारण

EXTRAORDINARY

भाग II—खण् ड 3—उप-खण् ड (i)

PART II—Section 3—Sub-section (i)

प्राजधकार स े प्रकाजित

PUBLISHED BY AUTHORITY

श्रम और रोजगार मंत्रालय

अजधसूचना

नई ददल् ली, 28 अप्रैल, 2021

सा.का.जन. 299(अ).—कें द्रीय सरकार, कममचारी भजिष् य जनजध और प्रकरणम उपबंध अजधजनयम, 1952 (1952 का

19) कर धारा 7 कर उपधारा (1) के साथ पठित धारा 6ग द्वारा प्रदत् त िजत तयक का प्रयोग करते ए ए कममचारी जनषेप

सहबद्ध बीमा स्ट् करम, 1976 का और संिोधन करने के जलए जनम् नजलजखत स्ट् करम बनाती है, अथामत् :-

1. (1) इस स्ट् करम का संजष त नाम कममचारी जनषेप सहबद्ध बीमा (संिोधन) स्ट् करम, 2021 है ।

(2) यह पैरा 2 के खंड (ख) के उपखंड (iv) के जो 15 फरिरी, 2020 से प्रिृत् त ए समझा जाएगा, जसिाय राजपत्र में

उसके प्रकािन कर तारीख को प्रिृत् त होगी ।

2. कममचारी जनषेप सहबद्ध बीमा स्ट् करम, 1976 (जजसे इसमें इसके पश् चात् उत त स्ट् करम कहा गया है) के पैरा 22 के उप-पैरा

(3) में, -

(क) रंजभक भाग में “एक ही स्ट् थापना में रोजगार में था” िब् दक के स्ट् थान पर “जनयोजन में था” िब् द रखे जाएंगे;

(ख) खंड (i) में, --

(i) “तीस गुणा” िब् दक के स्ट् थान पर “पैंतालीस गुणा” िब् द रखे जाएंगे;

(ii) “या उसकर सदस्ट् यता कर अिजध, जो भी कम हो” िब् दक का लोप दकया जाएगा;

स.ं 241] नई ददल्ली, बहृ स्ट्प जतिार, अप्रैल 29, 2021/ििै ाख 9, 1943

No. 241] NEW DELHI, THURSDAY, APRIL 29, 2021/VAISAKHA 9, 1943

सी.जी.-डी.एल.-अ.-29042021-226788

CG-DL-E-29042021-226788

180245/2021/EDLI

161

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(iii) “एक लाख पचास हजार रुपये” िब् दक के स्ट् थान पर “एक लाख पचहत् तर हजार रुपये” िब् द रखे जाएंगे;

(iv) दूसरे परंतुक से पहले जनम् नजलजखत परंतुक अंत:स्ट् थाजपत दकया जाएगा, और 15 फरिरी, 2020 से अंत:स्ट् थाजपत दकया

गया समझा जाएगा, अथामत् :-

“परंतु बीमा प्रसुजिधा दो लाख पचास हजार रुपये से कम नहीं होगी:”;

(v) दूसरे परंतुक में, “छह लाख रुपये” िब् दक के स्ट् थान पर “सात लाख रुपये” िब् द रखे जाएंगे ।

3. उत त स्ट् करम के पैरा 28 के उप-पैरा (4) के खंड (i) में, “कें द्रीय भजिष् य जनजध युत त” िब् दक के पश् चात् “या अजतठरत त

कें द्रीय भजिष् य जनजध युत त (मु्‍ यालय) या अजतठरत त कें द्रीय भजिष् य जनजध युत त” िब् द और कोष् िक अंत:स्ट् थाजपत दकए

जाएंगे ।

4. उत त स्ट् करम के पैरा 29 कर दीघम पंक् जत में, “चार हजार रुपये” िब् दक के स्ट् थान पर “पच् चीस हजार रुपये” िब् द रखे

जाएंगे ।

5. उत त स्ट् करम के पैरा 22 के उप-पैरा (3) में दकए गए संिोधन से संबंजधत इस स्ट् करम के पैरा (2) के उपबंध इस स्ट् करम के

राजपत्र में प्रकािन कर तारीख से तीन िर्म कर अिजध के जलए प्रिृत् त हकगे ।

[फा. सं. र-16011/1/2020-एसएस-II]

र. के. गु ता, संयुत त सजचि

ठि पण : कममचारी जनषेप सहबद्ध बीमा स्ट् करम, 1976 भारत के राजपत्र, असाधारण, भाग II, खंड 3, उपखंड (i) में

सा.का.जन. सं्‍ यांक 488(अ), तारीख 28 जुलाई, 1976 द्वारा प्रकाजित कर गई थी और उसका अंजतम संिोधन अजधसूचना

सं्‍ यांक सा.का.जन. 286 (अ), तारीख 4 अप्रैल, 2019 द्वारा दकया गया था ।

स्ट् पष् िीकारक ज्ञापन

भारत के राजपत्र, असाधारण, भाग II, खंड 3, उपखंड (i), तारीख 15 फरिरी, 2018 में अजधसूचना सं्‍ यांक

सा.का.जन. 170(अ), तारीख 15 फरिरी, 2018 द्वारा प्रकाजि भारत सरकार के श्रम और रोजगार मंत्रालय कर

अजधसूचना द्वारा न् यूनतम बीमा प्रसुजिधा कर अजधकतम सीमा को दो िर्म कर अिजध के जलए बााकर दो लाख पचास हजार

रुपये कर ददया गया था, जो 14 फरिरी, 2020 को समा त हो गई थी। इसजलए उत त प्रसुजिधा को जनरंतरता प्रदान करने

के प्रयोजन के जलए इस संिोधन स्ट् करम के पैरा 2 के खंड (ख) के उपखंड (iv) को 15 फरिरी, 2020 से भूतकालीन प्रभाि

ददया गया है, जो दकसी व् यजत त के जहतक पर प्रजतकूल प्रभाि नहीं डालेगा।

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 28th April, 2021

G.S.R. 299(E).––In exercise of the powers conferred by section 6C read with sub-section (1) of section 7 of the

Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby

makes the following Scheme further to amend the Employees' Deposit-Linked Insurance Scheme, 1976, namely:––

1. (1) This Scheme may be called the Employees' Deposit-Linked Insurance (Amendment) Scheme, 2021.

(2) It shall come into force on the date of its publication in the Official Gazette, except sub-clause (iv) of clause (b) of

paragraph 2, which shall be deemed to have come into force on the 15th day of February, 2020.

2. In the Employees' Deposit-Linked Insurance Scheme, 1976 (hereinafter referred to as the said Scheme), in paragraph

22, in sub-paragraph (3),––

(a) in the opening portion, for the words ―who was in employment of the same establishment‖, the words ―and

was in employment‖ shall be substituted;

180245/2021/EDLI

162

[भाग II—खण् ड 3(i)] भारत का राजपत्र : असाधारण 3

(b) in clause (i),––

(i) for the words ―thirty times‖, the words ―thirty-five times‖ shall be substituted;

(ii) the words ―or during the period of his membership, whichever is less‖ shall be omitted;

(iii) for the words ―one lakh and fifty thousand rupees‖, the words ―one lakh and seventy-five thousand

rupees‖ shall be substituted;

(iv) before the second proviso, the following proviso shall be inserted and shall be deemed to have been

inserted with effect from the 15th day of February, 2020, namely:––

―Provided that the assurance benefit shall not be less than two lakh and fifty thousand rupees:‖;

(v) in the second proviso, for the words ―six lakh rupees‖, the words ―seven lakh rupees‖ shall be

substituted.

3. In the said Scheme, in paragraph 28, in sub-paragraph (4), in clause (i), after the words ―Central Provident Fund

Commissioner‖, the words and brackets ―or Additional Central Provident Commissioner (Head Quarters) or Additional

Central Provident Fund Commissioner‖ shall be inserted.

4. In the said Scheme, in paragraph 29, in the long line, for the words ―four thousand rupees‖, the words ―twenty-five

thousand rupees‖ shall be substituted.

5. The provisions of paragraph 2 of this Scheme relating to amendments made thereto in sub-paragraph (3) of paragraph

22 of the said Scheme shall be in force for a period of three years with effect from the date of publication this Scheme

in the Official Gazette.

[F. No. R-16011/1/2020-SS-II]

R. K. GUPTA, Jt. Secy.

Note:–– The Employees' Deposit-Linked Insurance Scheme, 1976 was published in the Gazette of India,

Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 488(E), dated the 28th July, 1976 and was last

amended vide notification number G.S.R. 286(E), dated the 4th April, 2019.

EXPLANATORY MEMORANDUM

Vide the notification of the Government of India in the Ministry of Labour and Employment number G.S.R. 170(E),

dated the 15th February, 2018 published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), dated

the 15th February, 2018, the minimum assurance benefit ceiling was increased to two lakh and fifty thousand rupees for

a period of two years, which expired on the 14th February, 2020. Therefore, for the purpose of giving continuity to the

said benefit, sub-clause (iv) of clause (b) of paragraph 2 of this amendment Scheme is given effect to retrospectively

from the 15th day of February, 2020, which will not adversely affect the interests of any person.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.

180245/2021/EDLI

163

MANOJ KUMAR

VERMA

Digitally signed by MANOJ

KUMAR VERMA

Date: 2021.04.29 16:53:13

+05'30'

रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99

xxxGIDHxxx

xxxGIDExxx

असाधारण

EXTRAORDINARY

भाग II—खण् ड 3—उप-खण् ड (i)

PART II—Section 3—Sub-section (i)

प्राजधकार स े प्रकाजित

PUBLISHED BY AUTHORITY

श्रम एवं रोिगार मंत्रालय

िुजिपत्र

नई ददल्ली, 30 अप्रैल, 2021

सा.का.जन. 315(अ).—भारत के रािपत्र, भाग II, खंड 3, उपखंड (i) में तारीख 29 अप्रैल, 2021 को अजधसूचना

संख्या सा.का. जन.299 (अ), तारीख 28 अप्रैल, 2021 द्वारा प्रकाजित कममचारी जनक्षेप सहबि बीमा (संिोधन) स्ट्कीम

2021 के पैरा 2 के खंड (ख) के उपखंड (i) में “पैतालीस गुणा” िब्दों के स्ट्थान पर “पैंतीस गुणा” िब्द पढे िाएं।

[फा. सं. आर-16011/1/2020-एसएस-II]

आर. के. गुप् ता, संयुक् त सजचव

2453 GI/2021

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.

स.ं 249] नई ददल्ली, सोमवार, मई 3, 2021/विै ाख 13, 1943

No. 249] NEW DELHI, MONDAY, MAY 3, 2021/VAISAKHA 13, 1943

सी.जी.-डी.एल.-अ.-03052021-226823

CG-DL-E-03052021-226823

MANOJ KUMAR

VERMA

Digitally signed by MANOJ

KUMAR VERMA

Date: 2021.05.03 18:14:57

+05'30'

ESIC – Government scheme for unemployment and other medical benefits

2021-05-14T15:52:00.013+05:30

ESIC – Government scheme for unemployment and other medical benefits

In tough times like the ongoing COVID-19 pandemic, social security schemes of the government are of a great help to the ones impacted. In continuation of our previous article on EDLI - insurance for the deceased person's family, this article highlights the benefits of Employees’ State Insurance Corporation (ESIC) which can be claimed by the Insured Persons (IPs) of the covered organization.

ESIC is currently applicable in certain districts of India. The government plans to roll out the benefits to the entire country very soon. Under this scheme, 4% of the Gross salary of the employee is paid to the ESIC authority every month. Of this, 0.75% is contributed by the employee and 3.25% is contributed by the employer. It is applicable to employees with up to Rs. 21,000 of Gross salary. It is mandatory for all organizations with 10 or more employees to contribute to ESIC in the covered areas. By paying this amount, the employee (a.k.a. Insured Person) is eligible for a host of social security benefits.

COVID-19 benefits of the ESIC scheme are:
ESIC subscribers who lost their job due to the COVID-19 situation can claim unemployment relief of 50% of wages under the Atal Beema Kalyan Yojana.
The IP and the family members can avail free medical care at any of the COVID-19 dedicated ESIC/ESIS hospital if they are infected.
20% of the beds in these hospitals have been reserved for ESIC covered IPs 
Emergency Medical treatment can also be availed from tie-up hospitals by IP in accordance to the entitlement.
If the IP or their family members take COVID-19 treatment in a private hospital, reimbursement can be claimed up to the allowed limit.

The general benefits of ESIC scheme are:
Medical expenses: Reasonable cover for medical expenses at the ESI medical centers and other permitted centers for the IP and family members from the date of employment.
Sickness Benefit (SB): At the time of taking medical leaves, 70% of the average daily wages of an employee are paid for a maximum period of 91 days in two successive benefit periods.
Extended Sickness Benefit (ESB): SB is extendable up to two years in the case of 34 malignant and long-term diseases at an enhanced rate of 80 per cent of wages.
Enhanced Sickness Benefit: Enhanced Sickness Benefit equal to full wages is payable to insured persons undergoing sterilization for 7 days/14 days for male and female workers respectively.
Maternity benefit: 100% of the average daily wages for a period of to 26 weeks from the time of going into labor and 6 weeks in case of a miscarriage. 12 weeks of pay is provided in the case of an adoption. 
Confinement Expenses: A sum of Rs. 5,000/ is payable to an Insured Women or an I.P.in respect of his wife in case confinement occurs at a place where necessary medical facilities under ESI Scheme are not available, however restricted to 2 confinements only.
Temporary disablement benefit (TDB): Temporary Disablement Benefit at the rate of 90% of wages is payable so long as disability continues. It is admissible from day one of entering insurable employment and irrespective of having paid any contribution in case of employment injury.
Permanent disablement benefit (PDB): The benefit is paid at the rate of 90% of wages in the form of monthly payment depending upon the extent of loss of earning capacity as certified by a Medical Board.
Dependents' Benefit (DB): DB is paid at the rate of 90% of wages in the form of monthly payment to the dependents of a deceased Insured person in cases where death occurs due to employment injury or occupational hazards.
Unemployment Allowance: ESI provides a monthly cash allowance for a maximum period of 24 months in case of permanent invalidity due to a non-employment injury or due to involuntary loss of employment. 
Demise expenses: in the event of an unfortunate demise of the IP, the eldest surviving member of the family will be paid Rs. 15,000 for funeral expenses.
Employees' State Insurance Scheme is a unique and unparalleled Social Security Scheme. Unique and unparalleled because no Social Security Scheme in the world provides as many benefits as ESI Scheme in India. Hence, ESIC registration of the employees is recommended to all business owners, if not already taken.

EPFO is to Upload All Orders as Passed by their Officers - the Delhi High Court

2021-05-13T11:59:00.003+05:30

EPFO is to Upload All Orders as Passed by their Officers - the Delhi High Court

EPFO is to Upload All Orders as Passed by Their Officers - the Delhi High Court

2021 LLR 199

DELHI HIGH COURT

Hon'ble Ms. Prathiba M. Singh, J.

W.P.(C) 9530/2020 & CM APPL. 30575-76/2020,

Dt/–4-12-2020

M/s Civicon Engineering Contracting India Pvt Ltd. & Anr.
vs.
The Central Board of Trustees & Ors.

A. EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS Act, 1952 – Copy of order passed by EPF Authority – Uploading online – Justification of – Contention of petitioner is that Recovery proceedings have been initiated without supplying copy of the order passed under Sections 7Q & 14B of the Act, despite repeated demands made in writing and through personal visits – Contention of the EPFO is that copy of the impugned order was sent by speed post to the petitioner – Held, suffice it to say that orders passed by such departments should be readily available to litigants and their counsels, in order to enable them to avail of their remedies in accordance with law – Non-availability of orders would be completely unjustified, especially during the pandemic when most offices are working in an online mode. The availability of orders online would obviate the need for litigants to file petitions such as the present one wherein the only prayer is for making orders available – Almost all courts and tribunals across the country make their orders and proceeding sheets available online – Necessity for the same, especially during the COVID-19 pandemic needs no emphasis – It is part of good governance of all institutions, especially authorities and bodies performing public functions to provide services to the maximum extent possible by integrating technology in their everyday working – A perusal of the EPFO's website shows that there are more than 6.6 lakh establishments registered with the EPFO – An online search also reveals that on the website www.eproceedings.epfindia.gov.in, in the window relating to daily orders, not a single order dated 3rd June 2019 is uploaded – Thus, there appears to be a clear lapse by the authorities – EPFO is directed that the Central Provident Fund Commissioner (‘CPFC') shall pass immediate practice directions in respect of uploading of all orders which are passed by the Regional Provident Fund Commissioners (RPFCs), Assistant Provident Fund Commissioners (APFC), Central Government Industrial Tribunal (CGIT) and any other officials/authorities who adjudicate disputes – Said practice directions shall stipulate the manner of passing orders, timelines for uploading, timelines for communication to parties etc., which shall be adhered to by all the adjudicating authorities/officers – Orders ought to be, in addition, communicated by email to the parties while simultaneously being uploaded on the EPFO website – Petitioner would be supplied a copy of impugned orders within one week – The limitation and right to avail of legal remedies will run from the date when the orders are supplied to the Petitioner – Matter is fixed for compliance and report on 11.11.2021. Paras 6 to 10

For Petitioner : Mr. Tejpal Singh Kang and Ms. Palak Nenwani, Advocates.

For Respondents : Mr. Puneet Garg, Advocate.

IMPORTANT POINTS

The limitation and right to avail of legal remedies will run from the date when the orders are supplied to the Petitioner-employer.

EPFO is directed that the Central Provident Fund Commissioner (‘CPFC') shall pass immediate practice directions in respect of uploading of all orders which are passed by the Regional Provident Fund Commissioners (RPFCs), Assistant Provident Fund Commissioners (APFC), Central Government Industrial Tribunal (CGIT) and any other officials/authorities who adjudicate disputes.

Said practice directions shall stipulate the manner of passing orders, timelines for uploading, timelines for communication to parties etc., which shall be adhered to by all the adjudicating authorities/officers.

Orders ought to be, in addition, communicated by email to the parties while simultaneously being uploaded on the respective website of the authority concerned.

Orders passed by such departments should be readily available to litigants and their counsels, in order to enable them to avail of their remedies in accordance with law.

ORAL

PRATHIBA M. SINGH, J.—1. This hearing has been done by video conferencing.

2. The present petition has been filed by the Petitioner, seeking a copy of orders dated 3rd June, 2019, passed by the Employees' Provident Fund Organization ( hereinafter ‘EPFO ) under Sections 7Q & 14B of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952, which have led to the issuance of demand notice dated 6th November, 2020.

3. It is submitted by Mr. Tejpal Kang, ld. counsel for the Petitioner that despite repeated visits to EPFO and making requests for a copy of the said orders, the same has not been supplied. Ld. counsel has taken the Court through the various letters which have been sent by the Petitioner to EPFO and also the personal visits, which have been made.

4. On the other hand, Mr. Garg, ld. counsel appearing for the Respondents submits that the said orders were communicated to the Petitioner by speed post and that this is only an excuse being created by the Petitioner to overcome the objections on limitation.

5. A perusal of the documents filed with the petition shows that attempts have been made to obtain the orders and personal visits have been made by the staff of the Petitioner. However, this is disputed by the Respondent on the ground that this is merely an excuse and the order was already available with the Petitioner.

6. The admitted position is that recovery proceedings have been already initiated based on the orders dated 3rd June 2019. Without going into the question as to whether requests were made for a copy of the said orders or not, suffice it to say that orders passed by such departments should be readily available to litigants and their counsels, in order to enable them to avail of their remedies in accordance with law. The non-availability of orders would be completely unjustified, especially during the pandemic when most offices are working in an online mode. The availability of orders online would obviate the need for litigants to file petitions such as the present one wherein the only prayer is for making orders available.

7. Almost all courts and tribunals across the country make their orders and proceeding sheets available online. The necessity for the same, especially during the COVID-19 pandemic needs no emphasis. It is part of good governance of all institutions, especially authorities and bodies performing public functions to provide services to the maximum extent possible by integrating technology in their everyday working. The EPFO need not be an exception. A perusal of the EPFO's website shows that there are more than 6.6 lakh establishments registered with the EPFO. An online search also reveals that on the website www.eproceedings.epfindia.gov.in, in the window relating to daily orders, not a single order dated 3rd June 2019 is uploaded. Thus, there appears to be a clear lapse by the authorities.

8. Accordingly, it is directed that the Central Provident Fund Commissioner (‘CPFC') shall pass immediate practice directions in respect of uploading of all orders which are passed by the Regional Provident Fund Commissioners (RPFCs), Assistant Provident Fund Commissioners (APFC), Central Government Industrial Tribunal (CGIT) and any other officials/authorities who adjudicate disputes. The said practice directions shall stipulate the manner of passing orders, timelines for uploading, timelines for communication to parties etc., which shall be adhered to by all the adjudicating authorities/officers. The orders ought to be, in addition, communicated by email to the parties while simultaneously being uploaded on the EPFO website.

9. In the meantime, Mr. Kang, ld. counsel would be supplied a copy of both orders dated 3rd June, 2019, within one week by Mr. Puneet Garg, ld. Counsel. The limitation and right to avail of legal remedies will run from the date when the orders are supplied to the Petitioner.

10. Let a detailed compliance affidavit as to the manner in which these directions are to be implemented, be filed by the CPFC, within a period of six weeks. Copy of this order be communicated by the Registrar (Appellate) to the Central Provident Fund Commissioner (CPFC), EPFO Head Office, Bhavishya Nidhi Bhawan, 14-Bhikaji Cama Place, New Delhi – 110066. The order shall also be communicated by email to the CPFC on cpfc@epfindia.gov.in. In addition, Mr. Puneet Garg, ld. counsel also agrees to communicate this order to the CPFC.

11. The petition, along with all pending applications, is disposed of in the above terms. List on 11th February, 2021 for the purpose of receiving the compliance affidavit in terms of this order.

All employees regardless casual, ad hoc, daily wagers are entitled to Gratuity

2021-04-16T11:51:00.004+05:30

All employees regardless casual, ad hoc, daily wagers are entitled to Gratuity

April 13, 2021

Delhi High Court

National Bal Bhawan vs Vandana on 27 November, 2019

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 27.11.2019

+W.P.(C) 10027/2019 & CM APPL. 41509/2019

      NATIONAL BAL BHAWAN                            ..... Petitioner
                        versus
      VANDANA                                        ..... Respondent
+W.P.(C) 10050/2019 & CM APPL. 41579/2019

      NATIONAL BAL BHAWAN                            ..... Petitioner
                        versus
      ROOPA SHARMA                                   ..... Respondent
+W.P.(C) 10056/2019 & CM APPL. 41590/2019

      NATIONAL BAL BHAWAN                            ..... Petitioner
                        versus
      RAJ BALA                                       ..... Respondent
+W.P.(C) 10058/2019 & CM APPL. 41594/2019

      NATIONAL BAL BHAWAN                            ..... Petitioner
                        versus
      RENUKA AGGARWAL                                ..... Respondent

+W.P.(C) 10059/2019 & CM APPL. 41597/2019

      NATIONAL BAL BHAWAN                            ..... Petitioner
                        versus
      SHAILAJA SHARMA                                ..... Respondent



W.P.(C) 10027/2019 & conn. matters                            Page 1 of 9
 + W.P.(C) 10060/2019 & CM APPL. 41600/2019

      NATIONAL BAL BHAWAN                                ..... Petitioner
                         versus
      ANJALI BINDRA                                      ..... Respondent
+W.P.(C) 10066/2019 & CM APPL. 41612/2019

      NATIONAL BAL BHAWAN                                ..... Petitioner

                         versus
      UMA SHARMA                                         ..... Respondent

      Present:    Mr. S. Rajappa, Advocate with Mr. Ram Gupta and
                  Mr.R. Gowrishankar, Advocates for petitioner.

      CORAM:
      HON'BLE MR. JUSTICE A.K.CHAWLA

                            JUDGMENT

A.K. CHAWLA, J. (ORAL) The instant seven (07) writ petitions have come to be preferred by the petitioner-National Bal Bhawan assailing the order dated 11.02.2019 passed by the Assistant Labour Commissioner (Central), Delhi, whereby, the petitioners have been granted gratuity of Rs.2,21,538/-, Rs.1,84,038/-, Rs.8,827/-, Rs.2,35,386/-, Rs.1,90,385/-, Rs.2,28,462/- & Rs.2,35,385/- respectively, along with simple interest @ 10% p.a. as provided for under Section 7 (3A) of the payment of Gratuity Act, 1972 in short, 'the Act, 1972'.

2. In view of the fact that a common question of law as regards the applicability of the Act, 1972 is agitated, all the petitions are taken up for hearing together.

3. In the submissions of Mr. Rajappa, ld. counsel for the petitioner, the petitioner is entirely funded by the Ministry of Human Resource and Development and therefore, it falls within the definition of State as enshrined under Article 12 of the Constitution. It is thus contended that the respondents are deemed to hold a post under the Central Government and thereby, excluded from the category of the employees to whom the Act, 1972 applies. The thrust of his submissions is founded on the definition of employee as provided for under Sub-Section (e) of Section 2of the Act, 1972.

4. Sub-Section (e) of Section 2 of the Act, 1972 reads as follows:

"2(e) "employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity."

(emphasis supplied)

5. When Mr.Rajappa adverts to the foregoing definition of employee as provided for under the Act, 1972, on being queried during the course of hearing, he is at pains to explain the context in which the post held by the respondents can be construed to be a post under the Central Government. More so, when, undisputedly, the petitioner is a society registered under the Societies Registration Act, 1860 and an autonomous body. Mere funding or assuming, entire funding for running the affairs of such society, cannot change the character or identity of the Society being an independent autonomous body. How come then, rendering of services to such autonomous body by the respondents be construed to be a post under the Central Government, Mr.Rajappa, ld. counsel for the petitioner, is at pains to explain. In plain words, the respondents cannot be said to be holding a post under the Central Government. They are also not shown to be governed by any other Act or by any Rules providing for payment of gratuity. In the given factual conspectus, how can the respondents be said to be excluded from the applicability of the Act, 1972 adverting to the definition of 'employee' as defined in Sub-Section (e) of Section of the Act, 1972, cannot be understood. It does not appear that Mr. Rajappa did not understand such simple way of looking at the given provision. He seems to be constrained by the instructions to have a decision on merits by the Court. His difficulty can be understood being a counsel with a limited brief. I am constraint to observe so, in view of the fact that at the threshold of the matter coming up for hearing, the Court had expected the petitioner to look into the given context and reconsider.

6. In the written submissions filed on behalf of the petitioner, the reliance is placed upon the observations made in 'Ajay Hasia etc. vs. Khalid Mujib Sehravardi & Ors.' to contend that when the Central Government has control on the working of the society, it is merely a projection of the Government inasmuch as it is the voice of the State. There cannot be any dispute about the observation so made but the context in which it comes cannot be overlooked. The said observations were made in the context of a legal entity, to consider, as to whether such body was to be construed to be an instrumentality or an agency of the State as enshrined under Article 12 or not. There cannot be any difference of opinion in holding that the petitioner is an instrumentality or agency of the State, but, equally, it cannot be forgotten that the petitioner is an autonomous body registered under the Societies Registration Act. A Society or a Corporate Body, which is created by a Statute or wholly funded by the funds provided by the Union / State and / or its affairs are substantially to achieve the public functions, is to be treated to be an instrumentality or agency of the State for the purposes of maintaining an action under Article 226 of the Constitution of India and nothing beyond. The independent character of such Body or Society does not change otherwise. The contention raised to the contrary by Mr.Rajappa is thus, wholly misconceived and is rejected.

7. Undisputedly, the respondents were offered appointment by the petitioner in its own rights. There is a relationship of employer and employee amongst the petitioner and the respondents is also not in question. Petitioner is an establishment under the Act, 1972, also not being in question and sub-Section (e) of Section 2 of the Act, 1972 not coming to the aid to the petitioner, there is no reason as to why, the respondents would not be covered within the purview of the Act, 1972.

8. In the other limb of his submissions, though Mr. Rajappa, ld. counsel for the petitioner contended that the respondents were part time employees and therefore, the Act, 1972 was not applicable to the respondents, he fails to point out any statutory provision, rule or regulation, in support of such submissions. The Court does not find merit even in the submission so made. An employee is an employee, whether on casual, ad-hoc or part time basis. The definition of employee in the Act, 1972 also does not speak of any specific categories of the employees for its applicability, be it, regular, ad- hoc, part time, casual etc. etc. As for the payment of gratuity under the subject Act, to assess the quantum thereof, it provides for the definition of wages in sub-Section (s) of Section 2, which reads as under:

"wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance."

9. The combined reading of sub-Section (e) and sub-Section (s) of Section 2 of the Act, 1972 leaves no doubt that the gratuity is payable to the employees defined under the subject Act and is to be assessed on the basis of the wages / emoluments, within the ceiling limit as provided there-under.

10. During the course of hearing, Mr.Rajappa also submitted that the respondents were paid only the consolidated wages besides conveyance. The impugned order takes note of the consolidated salaries of the respondents as Rs.300-20-400 p.m. w.e.f. 11.11.1986, Rs.400-20-500 p.m. w.e.f. 15.06.1987, Rs.400-20-500 p.m. w.e.f. 15.05.1990, Rs.200/- p.m. w.e.f. 11.05.1984, Rs.200/- p.m. w.e.f. 05.11.1983, Rs.200/- p.m. w.e.f. 11.05.1984, Rs.200/- p.m. w.e.f. 16.05.1983. It would thus be seen, for few of the respondents, who are equally stated to be part-time employees, the petitioner has provided for the increments, apparently, on yearly basis. All of them, undisputedly, have rendered their uninterrupted services for more than five (05) years to be eligible for the gratuity under the Act, 1972. Most of them have rendered services for almost 30 years or more and they have come to be declined the entitlement of gratuity, that too, by a Society, which is stated to be wholly funded by the Central Government. They are not entitled to pension as they are not the regular employees under the Central or the State Government nor the society on its part is shown to have any such scheme. Fact however remains that the payment of gratuity is a Statutory liability under the Act, 1972. Thus, for the respondents services having been availed for over the years, most of them having been the employees of the petitioner for decades, denial of gratuity to them, is to leave them in lurch, when they superannuated. What to talk of bread and butter, they are left even without bread, a basic necessity for survival. It is a reflection of total insensitivity to their just cause, which, the petitioner has failed to advert to, ignoring the genesis of the beneficial legislation like the Act, 1972.

11. For the foregoing reasons, the writ petitions are dismissed with costs of Rs.20,000/- each, in all Rs.1,40,000/- (Rupees One Lac Forty Thousand Only), to be deposited with The Blind Relief Association, Lala Lajpat Rai Road (Lal Bahadur Shastri Marg), Near The Oberoi Hotel, New Delhi- 11003, within four weeks from today. Pending applications stand disposed of.

12. Registry to list the matter before the Court in the event, receipt of deposit of costs is not filed within five weeks from today.

13. At this stage, Mr. Rajappa, ld. counsel for the petitioner submits that the time to release the gratuity may be extended. Time to release the gratuity is extended for two weeks from today.

Order dasti under the signatures of Court Master.

A. K. CHAWLA, J NOVEMBER 27, 2019

How New Wages Definition shall effect 2021-22 Salary Budget

2021-01-28T13:38:00.003+05:30

How New Wages Definition shall effect 2021-22 Salary Budget

THE PROMINENT EFFECT OF THE NEW DEFINITION OF ‘WAGES’ UPON THE ESTABLISHMENTS INCLUDING THE E-COMMERCE COMPANIES FROM THE FINANCIAL YEAR (FY ) 2021-22.

By : S K Gupta, Advocate, Supreme Court,

011-22625485, skpfdelhi@gmail.com

www.makeinindialawfirm.com

The subject of the Labour legislation matters are enumerated in List-III in the 7th Schedule of the Constitution of India ( Article 246 , 7th Schedule, List –III – Concurrent List, Item 22 to 24 ). Therefore, as per Article 246 of the Constitution of India , the Central Government, as well as States’ Government, are empowered to legislate laws but there is a rider that the enactment of the State Labour laws should align with the Central ones. So, the Ministry of Labour and Employment had already instructed all to the Chief Secretaries of all States and union territories to expedite the Rule making process for implementation of the following four Labour Codes on time i.e. April’2021.

1. The Code on Wages, 2019
2. The Code on Social Security,2020
3. The Industrial Relations Code,2020
4. The Occupational Safety, Health, and Working Conditions Code,2020

The provisions of these codes, particularly the definition of “wages”, legislated uniformly in all four Codes, when implemented from April’2021, would take a new shape of “Wage-Structure” of all categories of employees ( Top to bottom). Therefore, statutory coverage under the provisions of the Social Security Code,2020 will be increased incalculably, resulted more financial liabilities upon the employers with respect of statutory compliance of the Provident Fund Contribution and the ESI Contribution as well as payment of bonus and gratuity.

Therefore, to understand the correct interpretation of the definition of “wages” which is legislated in all 4 Codes uniformly as under:

"wages" means all remuneration whether, by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes, —

1. basic pay;
2. dearness allowance; and
3. retaining allowance, if any,

but does not include––

a. any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment;
b. the value of any house accommodation, or of the supply of light, water, medical attendance or other amenity or any service excluded from the computation of wages by a general or special order of the appropriate Government;
c. any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon;
d. any conveyance allowance or the value of any traveling concession; e. any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment;
f. house rent allowance;
g. remuneration payable under any award or settlement between the parties or order of a court or Tribunal;
h. any overtime allowance;
i. any commission payable to the employee;
j. any gratuity payable on the termination of employment;
k. any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment:

Provided that, for calculating the wages under this clause, if payments made by the employer to the employee under clauses (a) to (i) exceeds one-half or such other percent. as may be notified by the Central Government, of all remuneration calculated under this clause, the amount which exceeds such one-half, or the percent. so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause:

Provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages, the emoluments specified in clauses (d), (f), (g), and (h) shall be taken for computation of wage.

Explanation. ––Where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen percent. of the total wages payable to him, shall be deemed to form part of the wages of such employee.

IMPORTANT VIEWS OF WRITER : If payments made under clause (a) to (i), except Tribunal’s award amount, exceeds one-half or such other % , shall be deemed as remuneration and shall be accordingly added in ‘wages’ for statutory compliance under the provisions of the Social Security Code,2020

The wages ( basic wages) should be more than 51% of the gross wages or cost to the company (CTC). Therefore, the employer has to fixed at least 51% as basic wages + DA & the rest components of the allowances can be fixed not more than 49% as enumerated in the exclusion clause of wages definition. Thus, the bifurcation of the minimum wages should not be done because of the new definition of wages.

PROACTIVE APPROACH & ACTION PLAN OF THE HR PROFESSIONALS

To comply with this new definition of wages as defined as above, the concerned employers of the establishment will have to re-structure the basic wages component of their employees from TOP to BOTTAM tentatively from April’2021 which will be resulted/effected take-home monthly salary of employees and retrial benefits too as well as the balance-sheet of the companies/establishments due more statutory liabilities and retrial benefits too.

Example:

How this new definition of ‘Wages’ (supra) will effect balance sheet of the establishments /companies /E-commerce companies from the Financial Year (FY) 2021-22 ?

(i) Social Security benefits viz. Statutory payment of the PF Contribution and ESI Contribution will be effected with respect of the Coverage of the employees in numbers, and followed by more statutory liability of the PF & ESI.

(ii) Gratuity liability of the old employees will extraordinarily be increased because of the new definition of wages (50% concept) and last drawn wages concept too ;

(iii) Payment of bonus liability may also increase due to the new definition of wages and that too, there is no salary rider fixed by the Central Government in the new Code.

(iv) Encashment of earned leave liabilities because of the new definition of wages as well as the new rider has been legislated under provision of OHS Code,2020 for payment of unused earned leave.

(v) The Minimum Wages which is going to be notified in two-component i.e. Floor Wages ( Basic Wages) and DA and both components of the minimum wages will quality of the definition of “Wages” as defined under the four Labour Codes so now the outsourcing establishment i.e. contractors, manpower supply will not be allowed to bifurcate the minimum wages into different component to reduce statutory liabilities.

(vi) Additional liabilities will come on Aggregator Company/ E-Commerce business i.e. Ola, Uber, Jio-mart, Amazon, Courier Companies etc. as these E-companies are liable to ensure the social security of the Gig Workers, Platform Workers and these Aggregator Companies ( specified under IIIrd Schedule of Social Security Code,2020 ) will have to contribute 1% of the total turn-over of the Aggregator Company or 5% of the salary or wages head of the Gig Workers / Platform Workers.

Presently, due to the concept of “Cost to Company” (CTC), mostly private companies have already constituted a wage structure of their employees to keep the non-allowance part of the total compensation (CTC) less than 50 %, and portion of the allowances i.e. exclusion wages / non-statutory wages has kept higher-side to reduce the statutory liabilities including bonus, and gratuity liabilities too. However, this CTC concept will be changed as soon as the provisions of the Social Security Code,2020 as well as the Code on Wages,2019

come into force from April’2021 which will be ultimately resulted more financial liability upon the companies/establishments / E-commerce company under the head of “Salary and Wages” in the balance-sheet of FY-2021-22 and so on.

NB: For giving detail presentation of all 4 Labour Codes and its Rules framed thereunder, the company /establishment /organization/employer/association/chamber of commerce, etc. may contact me through email: skpfdelhi@gmail.com that “How to restructure the wages (CTC) of their employees because of 4 Labour Codes ?”.

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END

Uttar Pradesh Factories Rules, 1950

2021-01-28T11:55:00.001+05:30

Uttar Pradesh Factories Rules, 1950

Preliminary

Rule 1: Short title
(a) These rules may be cited as the Uttar Pradesh Factories Rules, 1950.
(b) These rules shall extend to the whole of the Uttar Pradesh.
(c) These rules, except rules 52, 59, 64, 65, 67, 68, 69, 70 and 109 shall come into force on April 1, 1951 and rules 52, 59, 64, 65, 67, 68, 69, 70 and 109 shall come into force on such dates as are specified thereunder.

Rule 2.: Definitions
In these rules unless there is anything repugnant in the subject or context---
(a) 'Act' means the Factories Act, 1948;
(b) 'artificial humidification' means the introduction of moisture into the air of a room by any artificial means whatsoever except the unavoidable escape of steam or water vapour into the atmosphere directly due to a manufacturing process :
Provided that the introduction of air directly from outside through moistened mats or screens placed in opening at times when the temperature of the room is 80 degrees or more, shall not be deemed to be artificial humidification.

(c) 'belt' includes any driving strap or rope;
(cc) 'Board' means the State Effluent Board constituted under sub-rule (2) of rule 18 of these Rules;
(d) 'degree' (of temperature) means degrees on the Fahrenheit scale;
(e) 'Fume' includes gas or vapour;
(f) 'Health Officer' means the Municipal Medical Officer of Health, Nagar Swasthya Adhikari, Deputy Chief Officer of Health, Additional Medical Officer of Health, Assistant Medical Officer of Health or such other Officer as may be appointed by the State government in this behalf;

(g) 'hygrometer' means an accurate wet and dry-bulb hydrometer conforming to the prescribed condition as regards constructions and maintenance;

(h) 'inspector' means an officer appointed under Section 8 of the Act and includes "Chief Inspector" and "Deputy Chief Inspector";

Approval of Plans

Rule 3: Approval of Plans
(1) No building in a factory shall be constructed, reconstructed or extended nor shall any manufacturing process be carried on in any building constructed or extended or taken into use as a factory or a part of a factory after the date of the enforcement of this rule, unless previous permission in writing is obtained from the State Government or the Chief Inspector.

Application for such permission shall be made to the Chief Inspector of Factories through the Inspector of Factories of the region concerned in the prescribed Form No. 1 which shall be accompanied by the following documents in triplicate :

(a) A flow chart of the manufacturing process supplemented by a brief description of the process in its various stages.

(b) Plans in triplicate drawn to scale showing---

(i) the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains, etc., and

(ii) the plan elevation and necessary cross sections of the various buildings, including all relevant details relating to natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the position of the plant and machinery aisles and passage ways.

(c) Replies to the questionnaires annexed to Form No. 1.

(d) Such other particulars as the Chief Inspector may require.

(2) If the Chief Inspector is satisfied that the plans are in consonance with the requirements of the Act he shall, subject to such conditions as he may specify, approve them by signing and returning to the applicant one copy of each plan or he may call for such other particulars as he may require to enable such approval to be given.

(3) No manufacturing process carried on with the aid of power shall be begun or carried on in any building, or part of a building, until a certificate of stability of the building, or a part of building in Form No. 2 signed by a person possessing the qualifications prescribed in sub-rule (4) has been delivered to the Chief Inspector through the Inspector of Factories of the region concerned and accepted by him. No extended portion of any factory shall be used as a part of the factory any time after the extension nor any plant or machinery shall be added in any factory, nor brought into use any time after such addition until a certificate in respect of such extension or plant has been delivered to the Chief Inspector through the Inspector of Factories of the region concerned and accepted by the Chief Inspector of Factories.

(4) The person signing the Form No. 2 shall possess one or other of the following qualifications :

(a) A corporate membership of any of the following institutions :

(i) The Institute of Civil Engineers.
(ii) The Institute of Structural Engineers.
(iii) The Royal Institute of British Architects.
(iv) The Institute of Engineers (India) together with a degree of a recognized Civil Engineering College in India; provided that he has also been for three years in bona fide practice on his own accounts as Chief Assistant of a recognized firm of Civil Engineers, or

(b) such other qualifications as the Chief Inspector of Factories may approve.

(5) No person except in the case of building occupied by any Government shall be authorised to sign a Certificate of Stability, who is in the employment of the owner or builder of the building in respect of which the certificate is given.

Rule 4:
4. (i) The internal height of a workroom shall be not less than 14 feet measured from the floor level to the lowest part of the roof, and if the roof is of corrugated iron, which is neither covered with tiles nor has an inner ceiling or lining of heat-resisting material with an air space of at least four inches between it and the corrugated iron, the internal height shall be not less than 20 feet :

Provided that in the case of building having a brick or concrete roof, or a combination of the two, the minimum height may be 12 feet, if approved by the Chief Inspector of Factories :

Provided further that in case of all factories registered under Section 2 (m) (ii), and factories registered under Section 2 (m) (i) of the Act2 employing up to 50 workers, the Chief Inspector may where he is satisfied that the conditions of work are reasonably good exempt such factories from the provisions of this sub-rule.

(ii) There shall be provided at all times for each person employed in any room of a factory where mechanical or electrical power is used at least 36 square feet of floor space exclusive of that occupied by machinery and a breathing space of at least 500 cubic feet.

(iii) Particulars of each of the rooms, verandahs and other enclosures of the factory shall be entered in Form No. 1, which shall be produced before the Inspector on demand.

The provisions of sub-rule (i) of rule 4 shall not apply to rooms intended for storage, godowns and like purposes and also rooms intended solely for office purposes, where only clerical work is done.

Rule 5:
Factories, which were not registered under the Factories Act, 1934 on March 31, 1949, or which had not applied for registration prior to April 1, 1949, shall be considered as not in existence on April 1, 1949 for the purpose of rules 3 and 4.

REGISTRATION AND LICENCEES

Rule 6: Mode of application
The occupier of every factory shall submit to the Chief Inspector an application together with Form No. 4, prescribed under Section 7, through the Inspector of the Region concerned in triplicate for registration of the factory and grant of a licence at least fifteen days before he begins to occupy, or use, the premises as a factory :

Provided that the occupier of a place, to which the provisions of the Act are made applicable by a notification under Section 85 shall submit such application within thirty days of the date of such notification :

Provided further that the occupier shall, before he begins or continues to use any premises as a factory, obtain a licence or renewal thereof, in accordance with the provisions of these rules.

Rule 7: Registration and grant of licence
(1) The factory shall be registered and a licence for a factory shall be granted by the Chief Inspector in Form 3 on payment of the fees specified in the Schedule below-
(2) Every licence granted or renewed under these rules shall remain in force until December 31, of the year for which the licence is granted or renewed.

Rule 8: Amendment of Licence
(1) A licensee shall get his licence amended when the factory exceeds the limits specified in the licence in regard to horsepower or the number of persons employed.
(2) The fee for the amendment of a licence shall be ten rupees plus the amount (if any), by which the fee that would have been payable if the licence had originally been issued in the amended form exceeds the fee originally paid for the licence.

Rule 9: Renewal of Licence
(1) Except in cases covered by sub-rule (3) of rule 13, the licence of a factory may be renewed by the Inspector for whole of the calendar year or for a period not exceeding five calendar years at a time on payment of requisite fees specified in the Schedule under Rule 7 :
Provided that if the application for renewal is not received within the time specified in sub-rule (2), the licence shall be renewed only on payment of a fee twenty-five per cent in excess of the fee ordinarily payable for the renewal of the licence :
Provided further that the State Government may by general or special order extend the time for presentation of application for renewal of licence.
(2) Every application for the renewal of licence shall be sent in Form No. 4-B in triplicate so as to reach the office of the Inspector on or before thirty-first day of October, and if the application is so made the premises shall be held to be duly licensed on such date as the Inspector renews the licence.

Rule 10: Transfer of Licence
(1) The holder of a licence may, at any time before the expiry of the licence, apply for permission to transfer his licence to another person.

(2) Such application shall be made to the Chief Inspector, who shall, if he approves of the transfer, enter upon the licence, has been transferred to the person named.

(3) A fee of five rupees shall be charged on each such application.

(4) The person to whom the licence is so transferred shall enjoy the same powers, and be subject to the same obligations under the licence as the original holder.

Rule 11: Procedure on Death or Disability of Licensee

If a licensee dies or becomes insolvent or otherwise disabled, the person carrying on the business of such licensee shall not be liable to any penalty, under the Act or these rules for exercising the powers granted to the licensee by the licence during such time as may reasonably be required to allow him to made an application for the transfer of the licence under Rule 10 in his own name for the unexpired portion of the original licence.

Rule 12: Loss of Licence

Where a licence granted under these rules is lost or accidentally destroyed, a duplicate licence may be granted on payment of a fee of rupees five.

Rule 13: Payment of Fees

(1) Every application under these rules shall be accompanied by a treasury receipt showing that the appropriated fee has been paid into the local treasury under the head of account 0230---

(2) If an application for the grant or renewal of a licence is rejected, the fee paid shall be refunded.

(3) Licence shall be obtained for the whole of the year :

Provided that in case of the factories newly registered, licence may be obtained only for the remaining part of the year, for which the fees payable under sub-rule (1) of Rule 7 shall be proportionately less, but shall be chargeable to the nearest quarter i.e. the period January to March, April to June, July to September and October to December.

Rule 14A: Suspension of licence

(1) If before October 31 of any year an occupier notifies his intention in writing to the Chief Inspector that during the year following the premises in respect of which licence is issued will not be used for the working of the factory, the Chief Inspector may suspend the licence granted in respect of such factory.

(2) A licence suspended under sub-rule (1) may be revived on receipt of an application for renewal accompanied by the licence and Form No. 4 for the remaining quarters of the year on payment of the fees for such quarters and a surcharge of 25 per cent of the fees for the quarters for which the licence remained suspended.

Rule 14B: Cancellation of licence

The State Government or the Chief Inspector, with the approval of the State Government may after giving the licence concerned, reasonable opportunity to show cause against the proposed action, cancel any licence, if it/he is satisfied that the licence was obtained by the licensee through fraud, or by mis-representation of facts and on such cancellation of licence the licensee shall not be entitled to the refund of the licence fee.

Rule 14C: Notice of Occupation

The notice of occupation shall be in Form No. 4 or Form No. 4-B as the case may be.

Rule 14D: Notice of change of Manager

the notice of charge of manager referred to in sub-section (4) of Section 7 of the Act shall be in Form No. 4-A.

Rule 14E: Qualification for the post of an Inspector

Qualifications for the post of an Inspector for the purposes of sub-section (1) of Section 8 of the Factories Act, 1948 (Act No. LXII of 1948), shall be the same as prescribed for the post of Inspector of Factories, in the Uttar Pradesh Inspector of Boilers and Factories Service Rules, 1980.

THE INSPECTION STAFF ADDITIONAL POWERS

Rule 15: Power of Inspectors

(1) An Inspector shall for the purposes of the execution of the Act have power to do all or any of the following things, that is to say :---

(a) to photograph any worker, to inspect, examine, measure, copy photograph, sketch or test, as the case may be, any building or room; and plant, machinery appliance or apparatus; any register or document; or anything provided for the purpose of securing the health, safety or welfare or the workers employed in a factory or a place which the Inspector has reasons to believe is a factory and to call for explanations for irregularities found, if any :

(b) in the case of an Inspector, who is a duly qualified medical practitioner to carry out such medical examination as may be necessary for the purposes of his duties under this Act.

(c) to prosecute, conduct or defend before a court any complaint or other proceedings arising under the Act or in discharge of his duties as an Inspector :

Provided that the powers of District Magistrates and such other public officers as are appointed to the Additional Inspector shall be limited to the administration of the following provisions of the Act, namely the provisions relating to-

Health (Chapter III) Employment of young persons on dangerous machines (Section 23), Prohibition of employment of women and children near cotton openers (Section 27); Precautions against dangerous fumes (Section 36); Explosive or inflammable dust, gas etc. (Section 37); Precautions in case of fire (Section 38), Welfare (Chapter V); working hours of Adults (Chapter VI) (except the power of exemption under the provision to Section 62); Employment of young persons (Chapter VII); Annual leave with wages (Chapter VIII) and display of notice (Section 108).

(2) Identification Cards .--- (a) All Inspecting Officers shall if requested, produce an authorised identification card.

(b) Identification cards would be issued for all Additional Inspectors of Factories belonging to medical and Public Health Department, by the Director of Medical and Health Services. For officers of the Labour Department, the Identification cards, would be issued by the Labour Commissioner and for the Executive Magistrates, by the District Magistrates of the District concerned.

DUTIES OF CERTIFYING SURGEONS AND AUTHORIZED MEDICAL PRACTITIONERS

Rule 16: Duties of Certifying Surgeon

(1) For purposes of the examination and certification of young persons, who wish to obtain certificates of fitness, the Certifying Surgeon shall arrange a suitable time and place for the attendance of such persons, and shall give previous notice in writing of such arrangements to the managers of factories situated within the local limits assigned to him.

(2) The Certifying Surgeon shall issue his certificates in Form No. 5. The foil and counterfoil shall be filled in and left thumb-impression of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and of the fitness of the persons examined, he shall sign the foil and initial the counter foil and shall deliver the foil to the person in whose name the certificate is granted. The foil so delivered shall be the certificate of fitness granted under Section 69 of the Act. All counterfoils shall be kept by the Certifying Surgeon for a period of at least two years after the issue of the certificate.

(3) The Certifying Surgeon shall, upon request by the Chief Inspector or Inspector of Factories carry out such examination and furnish him with such report as he may indicate, for any factory or class or description of factories where---

(a) cases of illness have occurred with it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of working prevailing therein, or

(b) by reason of any charge in the manufacturing process carried on, or in the substance used therein, or by reasons of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process, or

(c) young persons are, or are about to be employed in any work which is likely to cause injury to their health.

(4) For the purpose of the examination of persons employed in processes covered by the Dangerous Operations Rules, the Certifying Surgeon shall visit the factories within the local limits assigned to him at such intervals as are prescribed by the rules applying to any particular factory.

(5) At such visits the Certifying Surgeon shall examine the persons employed in such processes and shall record the results of his examination in a register known as the Health Register which shall be kept by the factory manager and produced before the Certifying Surgeon at each visit.

(6) If the Certifying Surgeon finds as a result of his examination that any person employed in such process is no longer fit for medical reasons to work in that that process, he shall suspend such persons from working in that process for such time as he may think fit and no person after suspension shall be employed in that process without the written sanction of the Certifying Surgeon in the Health Register.

(7) The manager of a factory shall afford to the Certifying Surgeon facilities to inspect any process in which any person is employed or likely to be employed.

(8) The manager of a factory shall provide for the purpose of any medical examination which the Certifying Surgeon wishes to conduct at the factory (for his exclusive use on the occasion of an examination) a room which shall be properly cleaned and adequately ventilated and lighted and furnished with a screen, a table (with writing materials) and chairs.

EXEMPTION IN RESPECT OF PAINTING, LIME-WASHING ETC. OF WALLS AND CEILINGS, ETC.

Rule 17: Cleaning of walls and ceilings

(1) Clause (d) of sub-section (1) of section 11 of the Act shall not apply to the classes or descriptions of factories or parts of factories specified in the schedule to this rule provided that they are kept in a clean state by washing, sweeping, brushing, dusting, cleaning or other effective means :

Provided further that the said clause (d) shall continue to apply---

(a) as respects factories or parts of factories specified in Part A of the said Schedule, to work-rooms in which the amount of cubic space allowance for every person employed in the room is less than 500 cubic feet :

(b) as respects factories or parts of factories specified in Part B of the said schedule, to work-rooms in which the amount of cubic space allowed for every person employed in the room is less than 2,500 cubic feet :

(c) to engine house fitting, shops, lunch rooms, canteens, shelters, creches, clock-rooms, rest-rooms and wash-places; and

(d) to such parts of walls, sides and tops of passages and stair-cases as are less than 20 feet above the floor or stair.

(2) The record of dates on which white-washing, colour-washing, varnishing, etc., are carried out shall be entered in a register maintained in Form No. 8.

(3) If it appears to the Chief Inspector that any part of a factory to which, by virtue of this rule, any of the provisions in clause (d) of sub-section (1) of Section 11 of the Act do not apply or apply as varied by this rule, is not being kept in a clean state, he may, by a written notice, require the occupier to white-wash or colour-wash, wash, paint or varnish the same. In the event of the occupier failing to comply with such notice within two months from the date of the notice, this rule shall cease to apply to such part of a factory unless and until the Chief Inspector otherwise determines.

DISPOSAL OF TRADE WASTES AND EFFLUENTS

Rule 18: Disposal of trade wastes and effluents

The arrangements made in accordance with sub-section (1) of Section 12 of the Act for the treatment of wastes and effluents and for their disposal shall be in accordance with the provisions contained in "The Water (Prevention and Control of Pollution) Act, 1974, (Act No. VI of 1974) and shall be approved by the State Board constituted by the State Government under sub-section (1) of Section 4 of the said Act (Act No. VI of 1974) from time to time.

VENTILATION AND TEMPERATURE

Rule 19: Ventilation and Temperature

(1) The total area of openings for ventilation in every work-room shall ordinarily be in the ratio of not less than one square foot to every fifteen square feet for spaces :

Provided that where it is intended to use artificial ventilation by means of forced draught fans all the time that work is carried on, for instance by air-conditioning, the are of such openings shall be such as may be approved by the Inspector.

(2) In every room in a jute mill where opening of bales, batching, machine hackling, carding, preparing or any other process is carried on in which dust is generated and inhaled to an extent likely to cause injury to the health of the workers, efficient exhaust and inlet ventilators shall be provided to secure that the dust is drawn away from the workers at, or as near as is reasonably possible, to the point at which it is generated.

(3) In every room in a cotton mill where slashar sizing is carried on, an efficient arrangement for th e removal of the steam given off in the process of drying the yarn shall be fitted to the satisfaction of the Inspector, Except in cotton mills which are in existence at the time these rules come into force, slasher sizing shall not be carried on in any room where any other process of manufacture is being performed.

(4) In every factory where injuries, poisonous and asphyxiating, gases, dust or other impurities are used for or are evolved for any process carried on, all practicable measures to the satisfaction of the Inspector shall be taken to protect the workers against the inhalation of such gases, dust or other impurities.

ARTIFICIAL HUMIDIFICATION

Rule 20: When artificial humidification not allowed

There shall be no artificial humidification in any room of a cotton spinning or weaving factory---

(a) by the use of steam during any period when the dry-bulb temperature of that room exceeds 85 degrees;

(b) at any time when the wet-bulb reading of the hygrometer is higher than that specified in the following schedule in relation to the dry-bulb reading of the hygrometer at that time, or as regarding a dry-bulb reading intermediate between any two dry-bulb readings indicated consecutively in the schedule when the dry-bulb reading does not exceed the wet-bulb reading to the extent indicated in relation to the lower of these two dry-bulb readings :

Provided, however that this clause shall not apply when the difference between the wet-bulb temperature as indicated by the hygrometer in the department concerned and the wet-bulb temperature taken with a hygrometer outside in the shade is less than 3.5 degrees.

Rule 21: Provisions of Hygrometer

In all departments of cotton spinning and weaving mills wherein artificial humidification is adopted, hygrometer shall be provided and maintained in such position as are approved by the Inspector. the number of hygrometer shall be regulated according to the following scales :

(a) Weaving Department .--- One hygrometer for departments with less than 500 looms, and one additional hygrometer for every 500 or part of 500 looms in excess of 500.

(b) Other Department .--- One hygrometer for each room of less than 300,00 cubic feet capacity and one extra hygrometer for each 200,000 cubic feet or part thereof, in excess of it.

(c) One additional hygrometer for taking shade readings shall be provided and maintained in a position approved by the Inspector, outside each cotton spinning and weaving factory wherein artificial humidification is adopted.

Rule 22: Exemption from Maintenance of Hygrometers

When the Inspector is satisfied that the limits of humidity allowed by the schedule to Rule 20 (b) are never exceeded, he may, for any department other than the Weaving Department, grant exemption from the maintenance of the hygrometer. The Inspector shall be record such exemption in Form No. 6.

Rule 23: Copy of Schedule to Rule 20 (b) to be affixed near every Hygrometer

a legible copy of the schedule to Rule 20 (b) shall be affixed near each hygrometer.

Rule 24: Recording of Temperature at each Hygrometer

At each hygrometer maintained in accordance with rule 21 correct wet and dry-bulb temperatures shall be recorded thrice daily during each working day by competent persons nominated by the manager. The temperature shall be taken between 7 a.m. and 9 a.m. and between 11 a.m. and 2 p.m. (but not in the rest interval) and between 4 p.m. and 5-30 p.m. In exceptional circumstances, such additional readings and between such hours, as the Inspector may specify, shall be taken. The temperatures shall be entered in a Humidity Register in Form No. 7 maintained in the factory. At the end of each working day , the persons, who have taken the readings shall sign the register certifying the correctness of the entries. The register shall always be available for inspection by the Inspector.

Rule 25: Specifications of Hygrometer

(1) Each hygrometer shall comprise of two mercurial thermometers respectively, wet-bulb and dry-bulb of similar construction and equal in dimensions, scale and divisions of scale. They shall be mounted on a frame with a suitable reservoir containing water.

(2) The wet-bulb shall be closely covered with a single layer of muslin, kept wet by means of a wick attached to it and dropping into the water in the reservoir. The muslin covering and the wick shall be suitable for the purpose, clean and free from size or grease.

(3) No part of the wet-bulb shall be within 1-1/2 inches from the dry-bulb or less than Â¾ inch from the surface of the water in the reservoir below it, on the side of it away from the dry-bulb.

(4) The bulb shall be spherical and of suitable dimensions and shall be freely exposed on all sides to the air of the room.

(5) The bores of the steams shall be such that the position of top of the mercury column shall be readily distinguished at a distance of two feet.

(6) Each thermometer shall be graduated so that accurate readings may be taken between 50 and 120 degrees.

(7) Every degree from 50 degrees up to 120 degrees shall b e clearly marked by horizontal lines on the stem, each fifth and tenth degrees shall be marked by longer marks than the intermediate degree and the temperature marked opposite each tenth degrees i.e. 50, 60, 70, 80, 90, 100, 110 and 120.

(8) The markings as above shall be accurate, that is to say, at no temperature between 50 and 120 degrees shall the indicated readings be in error by more than two-tenths of a degree.

(9) A distinctive number shall be indelibly marked upon the thermometer.

(10) The accuracy of each thermometer shall be certified by the National Physical Laboratory, London, or some competent authority appointed by the Chief Inspector, and such certificate shall be attached to the Humanity Register.

Rule 26: Maintenance of thermometer in efficient order

Each thermometer shall be maintained at all times during the period of employment in efficient working order, so as to give accurate indications and in particular :

(a) The wick and the muslin covering of the wet-bulb shall be renewed once a week.

(b) The reservoir shall be filled with water which shall be completely renewed once a day. The Chief Inspector may prescribed the use of distilled water or pure rain water in any particular mill or mills in certain localities, and

(c) No water shall be applied directly to the wick or covering during the period of employment.

Rule 27: An inaccurate thermometer not to be used without fresh certificate

If an Inspector gives notice in writing that a thermometer is not accurate it shall not, after one month from the date of such notice, be deemed to be accurate unless and until it has been re-examined as prescribed and a fresh certificate obtained which certificate shall be kept attached to the Humidity Register.

Rule 28: Hygrometer not to be fixed to wall, etc. unless protected by wood

(1) No hygrometer shall be fixed to a wall, pillar or other surface unless protected therefrom by wood or other non-conducting material at least half an inch in thickness and distant at least one inch from the bulb of each thermometer.

(2) No hygrometer shall be fixed at a height of more than 5 feet 6 inches from the floor to the top of the thermometer stem or in the draughts from a fan window, or ventilating opening.

Rule 29: No reading to be taken within 15 minutes of renewal of water

No reading shall be taken for record on any hygrometer within 15 minutes of the renewal of water in the reservoir.

Rule 30: How to introduce steam for humidification

In any room in which steam pipes are used for the introduction of steam for the purpose of artificial humidification of the air, the following provisions shall apply :

(a) The diameter of such pipes shall not exceed two inches, and in the case of pipes installed after the date of enforcement of these rules, the diameter shall not exceed one inch.

(b) Such pipes shall be as short as is reasonably practicable.

(c) All hangers supporting such pipes shall be separated from the bare pipes by an efficient insulator not less than half an inch in thickness.

(d) No uncovered jet from such pipes shall project more than 4-1/2 inches beyond the outer surface of any cover.

(e) The steam pressure shall be as low as practicable and shall not exceed 70 lb. Per square inch.

(f) The pipes employed for the introduction of stem into the air in a department shall be effectively covered with such non-conducting material, as may be approved by the Inspector in order to minimise the amount of heat radiated by them into the department.

LIGHTING RULES

Rule 31: Lighting

Save as provided in these rules, Rules 31 to 35 shall apply to factories in which persons are being regularly employed in a manufacturing process or processes for more than 48 hours a week, or in shifts; provided that nothing in these rules shall be deemed to require the provisions of lighting of a specified standard in any building or structure so constructed that in the opinion of the Chief Inspector it would not be reasonably practicable to comply with such requirement.

Rule 32: Lighting of interior parts

(1) The general illumination over these interior parts of a factory, where persons are regularly employed shall be not less than 3 feet candles measured in the horizontal plane at a level of 3 feet above the floor :

Provided that in any such parts in which the mounting height of the light source for general illumination necessarily exceeds 25 feet measured from the floor or where the structure of the room or the position or construction of the fixed machinery or plant prevents the uniform attainment of this standard, the general illumination at the level shall be not less than 1 foot candle and where work is actually being done the illumination shall be not less 3 feet candles.

(2) The illumination over all other interior parts of the factory over which persons employed pass shall when and where a person is passing be not less than 0.5 foot candle at floor level.

(3) The standard specified in this rule shall be without prejudice to the provisions of any additional illumination required to render the lighting sufficient and suitable for the nature of the work.

Rule 33: Prevention of Glare

(1) Where any source of artificial light in the factory is less than 16 feet above floor level, no part of the source or of the lighting fitting having a brightness greater than 10 candles per square inch shall be visible to persons whilst normally employed within 100 feet of the source, except where the angle of elevation from the eye to the source or part of the fitting as the case may be exceeds 200.

(2) Any local light, that is to say an artificial light designed to illuminate particularly the area or part of the area of work of a single operative or small group of operatives working near each other, shall be provided with a suitable shade of opaque material to prevent glare or with other effective means by which the light source is completely screened from the eyes of every person employed at a normal working place, or shall be so placed that no such person is exposed to glare therefrom.

Rule 34: Discretion of the Chief Inspector

Where the Chief Inspector is satisfied in respect of any particular factory or part thereof or in respect of any description of work-room or process that any requirement of Rule 32 is inappropriate or is not reasonably practicable, he may by order in writing (which he may at his discretion revoke) exempt the factory or part thereof, or that particular description of work-room or processes from such requirement to such an extent and subject to such conditions as he may specify.

Rule 35: Exemption from Rule 32

(a) Nothing in Rule 32 shall apply to the parts of factories specified in Part I of the Schedule to these rules.

(b) Nothing in sub-rule (1) or Rule 32 shall apply to the factories or parts of factories respectively specified in Part II of the Schedule.

DRINKING WATER

Rule 36: Quantity, supply of drinking water

(1) The quantity of drinking water to be provided for the workers in every factory shall be at least as many gallons a day as there are workers employed in the factory and such drinking water shall be readily available during working hours.

(2) The water so provided shall be supplied ---

(a) from a public water supply system; or

(b) from any other source approved in writing by the Health Officer.

Rule 37: Means of supply

If drinking water is not supplied directly from taps either connected with the public water supply system or any other water system of the factory approved by the Health Officer, if shall be kept in suitable vessels, receptacles or tanks fitted with taps and having dust proof covers placed on raised stands or platforms in shade and having suitable arrangement of drainage to carry away the split water. Such vessels or receptacles and tanks shall be kept clean and the water renewed at least once every day. All practicable measures shall be taken to ensure that water is free from contamination.

Rule 38: Cleanliness of well or reservoir

(1) Drinking water shall not be supplied from an open well or reservoir unless it is so constructed, situated, protected and maintained as to be free from the possibility of pollution or chemicals, or bacterical and extraneous impurities.

(2) Where drinking water is supplied from such well or reservoir the water in it shall be sterilized once a week or more frequently if the Inspector by written order so required and the date, on which sterilizing is carried out, shall be recorded :

Provided that this requirement shall not apply to any such well or reservoir if the water therein is filtered and treated to the satisfaction of the Health Officer before it is supplied for consumption.

(3) Inspection .--- (i) The drinking water shall be inspected twice a year by the Health Officer in his capacity of Additional Inspector of Factories and where the factory does not draw water from Municipal supplies or from supplies supervised by the Medical staff of a Railway, or where infection is suspected, samples of water shall be collected by the Health Officer and analysed at the cost of the factory owner either in a local laboratory or at the State Health Institute, Lucknow.

(ii) These analysis will be paid for by the factory owner, at the following rates :

Rs.

(a) Chemical analysis of each sample 20

(b) Bacteriological analysis of each sample 15

(c) Chemical and bacteriological analysis combined 35

Provided that factories employing less than 100 persons shall be entitled to free analysis, but if subsequently tests of water are rendered necessary because the factory owner has failed to have a satisfactory sanitary installation, these subsequent analysis shall be charged for at the rate prescribed above.

(iii) The manager or the occupier of the factory shall, in all cases, pay freight and transportation charges of outfits for collection and despatch of samples both ways :

Provided that if a sample does not arrive at the Laboratory of the State Health Institute to which it is sent, the employer concerned shall not be liable to pay the freight and transportation charges for any subsequent samples taken in lieu to the first.

(iv) The following will be the standard of purity of drinking water supplied to factory workers :

CHEMICAL

Filtered water supply, unfiltered water supplied from the tube-wells or Chemically treated water supplies-Chlorine 1.5 parts per million. Free ammonia 0.05 parts per million, Albuminoid ammonia 0.1 parts per million.

BACTERIOLOGICAL

(1) Unchlorinated supplies from slow and filters, protected wells springs or others sources :

(a) Under 100 calories per c.c. of original water on Agarmedia.

(b) Presumptive coliform court in 48 hours 370C.

Presumptive coliform court per 100 c.c.

Class I - Excellent - less than 1

Class II - Satisfactory 1-2

Class III - Suspicious 3-10

Class IV - Unsatisfactory greater than 10

Ordinarily a probable number of 2 coliform organisms 100 per c.c. in non-chlorinated piped supplies is permitted, but throughout the year 50 per cent of the samples should fall into Class 1, 80 per cent, should not fall below Class II and the remainder should not fall below Class III.

(2) Chlorinated supplies (filtered or unfiltered from any source) :

(a) Under 100 calories per c.c. of original water per Agarmedia at 370c.

(b) Presumptive coliform court in 48 hours at 370C. Presumptive coliform court per 100 c.c.

Explanation .--- Efficient chlorination should yield water free from coliform organisms in 100 c.c. i.e., such water should come into Class I. Even making allowance for sampling and other errors, the appearance of these organisms in quantities of 100 c.c. i.e., a fall to Class II should at once occasion misgivings at to the adequacy of the chlorination process.

Rule 39: Report from Public Health Department

Whenever it is found necessary the Inspector may by an order in writing direct the manager to obtain, at such time or at such intervals as he may direct, a report from the Public Health Department, Uttar Pradesh, as to the fitness for human consumption of the water supplied to the workers, and in every case to submit to the Inspector a copy of such report as soon as it is received from the said department.

In the case of Railway factories the certificate should be from the Medical Officer of the Railway.

Rule 40: Cooling of water in every factory wherein more than two hundred and fifty workers are ordinarily employed

(a) The drinking water supplied to the workers shall from May 1 to September 30, in every year, be cooled by an effective method :

Provided that if ice placed in the drinking water, the ice should be clean and wholesome and shall be obtained only from a source approved in writing by the Health Officer.

(b) The cooled drinking water shall be supplied in every canteen, lunch-room and rest-room and also at conveniently accessible points throughout the factory which for the purpose of these rules shall be called "water centres".

(c) The water centre shall be sheltered from the weather and adequately drained.

(d) The number of water centres to be provided shall be one "centre" for every 150 persons employed at any one time in the factory :

Provided that in the case of a factory where the number of persons employed exceeds 500 it shall be sufficient if there is one such "centre" as aforesaid for every 150 persons up to the first 500 and one for every 500 persons thereafter.

(e) Every "water centre" shall be in charge of a suitable, who shall distribute the water and maintain and "centre" in a clean and orderly condition. The person in charge of the centre shall be provided with the clean clothes while on duty.

Provided that the clause shall not apply to any factory in which suitable mechanically operated drinking water are, refrigerating units or water taps connected to a reservoir containing cool water are installed to the satisfaction of the Chief Inspector.

LATRINES AND URINALS

Rule 41: The Sanitary Accommodation

Latrine accommodation shall be provided in every factory for the number of workers engaged at any one time on the following scale :

(a) Where the number of workers does not exceed 50-one seat.

(b) Where the number of workers exceed 50 but does not exceed 150---4 seats.

(c) Where the number of workers exceeds 150 but does not exceed 250-5 seats.

(d) Where the number of worker exceeds 250--- one seat for every 50 or fraction of 50.

Rule 42: Latrines and public health requirements

Latrines other than those connected with an efficient water borne sewerage system shall comply with the requirements of the Public Health authorities.

Rule 43: Privacy of latrines

Every latrines shall be under cover and so partitioned off as to secure privacy, and each portion shall have a proper door and fastenings.

Rule 44: Signboards of latrines

Where workers of both sexes are employed there shall be displayed outside each latrine a notice in the language understood by the majority of the workers. "For Men only" or "For Women only" as the case may be. The notice shall bear the figure of a man or of a woman as the case may be.

Rule 45: Urinal Accommodation

Urinal accommodation shall be provided for the use of male workers and shall not be less than 2 feet in length for every 50 males; provided that where the number of males employed exceeds 500, it shall be sufficient if there is one urinal for every 50 males upto the first 500 employed, and one for every 100 thereafter; where women are employed separate urinal accommodation shall be provided for them on the same scale.

In calculating the urinal accommodation required under this rule any odd number of workers less than 50 or 100, as the case may be, shall be reckoned as 50 or 100.

Rule 46: Urinals to conform to public Health requirements

Urinals, other than those connected with an official water-borne sewerage system and urinals in a factory wherein more than two hundred and fifty workers are ordinarily employed shall comply with the requirements of the Public Health authorities.

Rule 47: Certain latrines and urinals to be connected to sewerage system

When any general system of underground sewerage with an assured water supply for any particular locality is provided in a municipality, all latrines and urinals of a factory situated in such locality shall, if the factory is situated within 100 feet of an existing sewer, be connected with that sewerage system.

Rule 48: White-washing and colour-washing of latrines and urinals

The walls, ceilings and partitions of every latrine and urinal shall be white-washed or colour-washed and the white-washing or colour-washing shall be repeated at least once in every period of four months. The dates on which the white-washing or colour washing is carried out shall be entered in the Form No. 8 :

Provided that this rule shall not apply to latrines and urinals, the walls, ceiling, or partitions of which are laid in glazed tiles or otherwise finished to provide a smooth, polished impervious surface and they are washed with suitable detergents and disinfectants at least once in every period of four months.

Rule 49: Drains carrying waste or sullage water

All drains carrying waste or sullage water shall be constructed in masonry or other impermeable material and shall be regularly flushed and effluent disposed of by connecting such drains with a suitable drainage line :

Provided that, where there is not such drainage line the effluent shall be deodorized and rendered innocuous and then disposed of in a suitable manner to the satisfaction of the Health Officer.

Rule 50: Water taps and reservoirs near latrines

A suitable number of conveniently accessible water taps or reservoirs shall be provided near each set of latrines.

SPITTOONS

Rule 51: Spittoons

(1) The number and location of the spittoons to be provided shall be to the satisfaction of the Inspector.

(2) The spittoons shall be cleaned and disinfected at least once every day,

(3) The spittoons shall be of either of the following types---

(a) a galvanised iron container with a conical funnel shaped cover. A layer of suitable disinfectant liquid shall always be maintained in the container; or

(b) a container filed with dry, clean sand; and covered with a layer of bleaching powder and quick lime; or

(c) any other type approved by the Chief Inspector.

SAFETY

Rule 52: Safety precautions

(1) Without prejudice to the provisions of section 21 (1) of the Factories Act, 1948, in regard to the fencing of machinery, the following additional provisions specified in the schedules annexed hereto shall apply to machinery noted in each schedule. The provisions of this rule shall come into force from July 1, 1951, in the case of factories registered before April 1, 1949.

(2) The fences and other devices for protection shall be so constructed and designed as to render it impossible for any person to pass between them and a moving part and also in such manner as to give protection to a person oiling, cleaning or otherwise attending to machinery and to all persons, who may be in the neighbourhood of moving part while it is in motion.

(3) In every fence the spaces between the fence framing shall be completely and securely fitted in with panels of sheet metal, expanded metal or other stout and durable material unless the frame members of the fence are, in the opinion of the Inspector, sufficiently close together to serve the same purpose. When panels are fitted, the boards shall be fitted to all fences, which stand upon the ground or on a wall-way, scaffold or platform.

(4) In case where a fixed fence cannot be used to give protection from flying chips or the like, the manager shall provide portable screens where these can be effectively used; and where screens are not adequate protection, be shall provide goggles for each worker within range.

(5) The guards and other appliances required by the rules shall be---

(a) maintained in efficient state.

(b) constantly kept in position while the machinery is in motion, and

(c) so adjusted as to enable the work to be done without unnecessary risk.

(6) If the driving machinery is situated in a room separated from the driven machinery room by a high wall, an inspection door 4' x 4' shall be the control of the person attending the driven machinery.

Rule 52A: Building and structure

No building wall, chimney, bridge tunnel, road, gallery, stairway, ramp, floor platform staging or other structure, whether of a permanent or temporary character, shall be constructed, situated or maintained in any factory in such manner as to cause risk of bodily injury.

Rule 52B: Machinery and plant

No machinery or plant equipment shall be constructed, situated operated or maintained in any factory in such a manner as to cause risk of bodily injury.

Rule 52C: Method of work

No process of work shall be carried on in any factory in such a manner as to cause risk of bodily injury.

Rule 52D: Stacking or storing of materials etc.

No materials or equipment shall be stacked or stored in such a manner as to cause risk of bodily injury.

Rule 53: PRECAUTIONS FOR PERSONS ATTENDING TO MACHINERY

53. (a) No machinery or shaft in motion shall be cleaned by waste rags or similar material held in hand.

(b) Every shafting ladder shall be fitted with either hooks or some effective non-skid device and shall be free from cracks, broken rungs and other defects. When necessary to prevent slipping another worker shall be provided to hold the bottom of the ladder.

(c) No person engaged in oiling or adjusting belts or in any work whatsoever "within reach" or transmission machinery or any other machinery which the Inspector considers dangerous, shall be allowed to wear loosely fitting clothes.

Boiler-suits, i.e., combination of shift and trousers, tight fitting shift worn inside shorts, loin-cloth, vest (banyan), sweater, cap turban without hanging ends.

(d) The occupier shall be responsible for the supply of right fitting clothing without cost to the workers mentioned in sub-rule (c) all the time they are at work.

(e) Notices or posters in Hindi for the prevention of accidents shall be displayed at conspicuous places in every room of the factory in which machinery is in use.

(f) The manager of every factory shall cause the contents of the notices or posters to be explained to each worker in the language understood by him on his first engagement and as often as there is a change in the work performed by him.

(g) The register as required in sub-section (1) of Section 22 of the Act shall be in Form No. 25

DANGEROUS MACHINES

Rule 54: Employment of young persons on dangerous machines

The following machines are hereby prescribed as of such a dangerous character that young persons shall not work at them unless the provisions of Section 23 (1) are complied with :

Power presses other than hydraulic presses; milling machines used in the metal trades; Guideline machine; Circular Saw; Platen Printing machines.

Rule 55: Rules under Section 28

(1) A register shall be opened with the following columns to record particulars of examination of hoists and lifts.

(i) Date of examination.

(ii) Number of hoists and lifts if more than one.

(iii) Details of examinations made.

(iv) Results of examination.

(v) Signature of examiner.

(vi) Designation and qualifications of the examiner.

(2) Exemption of certain hoists and lifts.--- In respect of any class or description of hoists or lifts specified in the first column of the Schedule the requirements of Section 28 specified in the second column of the said schedule and set opposite to that class or description of hoist or lift shall not apply.

Rule 55A: PRESSURE PLANT TESTING, EXAMINATION AND OTHER SAFETY MEASURES IN RELATION THERETO

(1) No lifting machine and no chain, rope or lifting rackle, except fibre 'rope or a fibre rope sling, shall be taken into use in any factory unless it has been tested and all parts have been thoroughly examined by a competent person and certificate to that effect, specifying the safe working load or loads, has been obtained from that person and is kept available for inspection.

(2) (a) Every jib-crane, which is so constructed that the safe working load varies with raising or lowering of the jib, shall have attached thereto either an automatic indicator of safe working loads or an automatic jib angle indicator and a table indicating the safe working loads at the corresponding inclinations of the jib, or corresponding radii of the load.

(b) A table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use, and, in the case of a multiple sling, the safe working loads at different angles of the legs, shall be posted in the store-room of place where, or in which, the chains, ropes or lifting tackles are kept, and in prominent positions, on the premises, and no rope, chain or lifting tackle, not shown in the table, shall be used. However, the foregoing provisions of this paragraph shall not apply in respect of such lifting tackle in the safe working load thereof, or in the case of a multiple sling, the safe working load at different angles of the legs, is plainly marked upon it.

(3) The register to be maintained under (a) (iii) of sub-section (1) of Section 29 of the Act shall be---

(i) Name of occupier of the factory.

(ii) Address of the factory.

(iii) Distinguishing number of mark, if any, and description sufficient to identify the lifting machine, chain, rope, multiple sling or the lifting tackle.

(iv) Date when the lifting machine, chain, rope, or multiple sling or lifting tackle was first brought into use in the factory.

(v) Date and number of the certificate relating to any test and examination made under sub-rules (1) and (7) together with the name and address of the person who issued the certificate.

(vi) Date of each periodical thorough examination made under clause (a) (iii) of sub-section (1) of Section 29 of the Act and sub-rule (6) and name and designation of the person by whom it was carried out.

(vii) Date of annealing or other heat treatment of the chain and other lifting tackle made under sub-rule (5) and name and designation of the person by whom it was carried out.

(viii) Particulars of any defects affecting the safe working load found at any such thorough examination or after annealing and of the step taken to remedy such defects.

The register shall be kept readily available for inspection.

(4) All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even turning surface and every such rail or track shall be properly laid, adequately supported and properly maintained.

(5) All chains and lifting tackle except a rope sling shall, unless they have been subjected to such other heat treatment as may be approved by Chief Inspector of Factories, be effectively annealed under the supervision of a competent person at the following intervals :

(i) All chains, slings, rings, hooks, shackles and swivels used in connection with molten metal or molten slag or when they are made of half inch bar or smaller once at least in every six months.

(ii) All other chains, rings, hooks, shackles and swivels in general use once at least in every twelve months :

Provided that chains and lifting tackle not in frequent use shall, subject to the Chief Inspector's approval be annealed only when necessary. Particulars of such annealing shall be entered in a register prescribed under sub-rule (3).

(6) Nothing in the foregoing sub-rule (5) shall apply to the following classes of chains and lifting tackles :

(i) Chains made of malleable cast iron.

(ii) Plate link chains.

(iii) Chains, rings, hooks, shackles and swivels made of steel or of any non-ferrous metal.

(iv) Pitched chains, working on sprocket or pocketed wheels.

(v) Rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines.

(vi) Hooks and swivels having screw threaded parts or ball bearing or other case hardened parts.

(vii) Socket shackles secured to wire ropes by white metal capping.

(viii) Bordeaux connections.

(ix) Any chain or lifting tackle which has been subjected to the heat treatment known as "normalizing" instead of annealing.

Such chains and lifting tackle shall be thoroughly examined by a competent person once at lest in every twelve months, and particulars entered in the register kept in accordance with sub-rule (3).

(7) Every lifting machine, chain, rope and lifting tackle, except a fibre rope, or fibre rope sling, which has been lengthened, altered or repaired by welding or otherwise shall before being again taken into use, be adequately re-tested and re-examined by a competent person and a certificate of such test and examination be obtained and particulars entered in the register kept in accordance with sub-rule (3).

(8) No person under 18 years of age and no person who is not sufficiently competent and reliable shall be employed as driver of a lifting machine, whether driven by mechanical power or otherwise, or to give signals to a driver.

Rule 56: Pressure vessels of plant

(1) Interpretation. In this rule---

(a) "design pressure" means the maximum pressure at which a pressure vessel or plant is designed to withstand safety when operating normally;

(b) "maximum permissible working pressure" means the maximum pressure at which a pressure vessel or plant is permitted to be operated or used under this rule and is determined by the technical requirements of the process;

(c) "plant" means a system of piping that is connected to a pressure vessel and is used to contain a gas, vapour or liquid under pressure greater than the atmospheric pressure, and includes the pressure vessel;

(d) "Pressure vessel" means an unfired vessel that may be used for containing, storing distributing, transferring, distilling, processing or otherwise handling any gas, vapour or liquid under pressure greater than the atmospheric pressure and includes and pipe line fitting or other equipment attached thereto or used in connection therewith; and

(e) "competent person" means a person who is, in the opinion of the Chief Inspector, capable by virtue of his qualifications, training and experience, of conducting a through examination and pressure tests, as required, on a pressure vessel plant, and of making full report on its condition;

(2) Exceptions .--- Nothing in this rule shall apply to---

(a) vessels having internal diameter not exceeding 150 millimetres and a capacity not exceeding 142 litres;

(b) vessels made a ferrous materials having an internal operating pressure not exceeding 1 kilogram per square centimetre :

(c) steam boilers, steam and feed pipes and their fittings coming under the purview of Indian Boilers Act, 1923;

(d) metal bottles or cylinders used for storage or transport of compressed gases or liquified or dissolved gases under pressure covered by the Gas Cylinder Rules, 1940 framed under the Indian Explosives Act, 1884;

(e) vessels in which internal pressure is due solely to the static head of liquid;

(f) vessels with a nominal water capacity not exceeding 500 litres connected in a water-pumping system containing air that is compressed to serve as a cushion;

(g) vessels for nuclear energy application;

(h) refrigeration plant having a capacity of 3 tons or less of refrigeration in 24 hours; and

(i) working cylinders of steam engines or prime movers, feed pumps and steam traps; turbine, casings; compressor cylinders; steam separaters or dryers, steam strainers; steam de-super-heaters; oil separators, air receivers for fire sprinkler installations; air receiver of monotype machines provided the maximum working pressure of the air receiver does not exceed 1.33 kilograms per square centimetre and the capacity 85 litres air receiver of electrical circuit breakers; air receivers of electrical relays; air vessels on pumps, pipe coils accessories of instruments and appliances such as cylinders and piston assemblies used for operating relays and interlocking type of guards; vessels with liquids subjected to static head only; and hydraulically operating cylinders other than any cylinder communicating with an air loaded accumulator.

(3) Design and construction .--- Every pressure vessel or plant used in a factory ---

(a) shall be properly designed on sound engineering practice;

(b) shall be of good construction, sound material adequate strength and free from any patent defects; and

(c) shall be properly maintained in a safe condition :

Provided that the pressure vessels or plant in respect of the design and construction of which there is an Indian standard or a standard of the country of manufacture or any other law or regulation in force, shall be designed and constructed in accordance with the said standard, law or regulation as the case may be, and a certificate thereof shall be obtained from the manufacture or from the competent person which shall be kept and produced on demand by an Inspector.

(4) Safety devices .--- Every pressure vessel shall be fitted with---

(a) a suitable safety valve or other effective pressure relieving device of adequate capacity to ensure that the maximum permissible working pressure of the pressure vessel shall not be exceeded. It shall be set to operate at a pressure not exceeding the maximum permissible working pressure and when more than one protective device is provided only one of the devices need be set to operate at the maximum permissible working pressure and the additional device shall be set to discharge at a pressure not more than 5 per cent in excess of the maximum permissible working pressure;

(b) a suitable pressure Guage with dial range not less than 1.5 times the maximum permissible working pressure easily visible and designed to show at all times the correct internal pressure and marked with a prominent red mark at the maximum permissible working pressure of the pressure vessel;

(c) a suitable nipple and globe valve connected for the exclusive purpose of attaching a test pressure guage for checking the accuracy of the pressure guage referred to in clause (b) of this sub-rule;

(d) a suitable stop valve or valves by which the pressure vessel may be isolated from other pressure vessels or plant or source of supply or pressure. Such a stop valve or valves shall be located as close to the pressure vessel as possible and shall be easily accessible; and

(e) a suitable drain cock or valve at the lowest part of the pressure vessel for the discharge of the liquid or other substances that may collect in the pressure vessel :

Provided that it shall be sufficient for the purpose of this sub-rule if the safety valve or pressure relieving device, the pressure guage and the stop valve are mounted on a pipe line immediately adjacent to the pressure vessel and where there is range of two or more similar pressure vessels served by the same pressure load only one set of such mountings need be fitted on the pressure load immediately adjacent to the range of pressure vessels, provided they cannot be isolated.

(5) Pressure reducing devices --- (a) Every pressure vessel which is designed for a working pressure less than the pressure at the source of supply, or less than the pressure which can be obtained in the pipe connecting the pressure vessel with any other source of supply, shall be fitted with a suitable pressure reducing valve or other suitable automatic device to prevent the maximum permissible working pressure of the pressure vessel being exceeded.

(b) To further protect the pressure vessel in the event of failure of the reducing valve device, at least one safety valve having capacity sufficient to release all the steam, vapour or gas without undue pressure rise as determined by the pressure at the source of supply and the size of the pipe connecting the source of supply, shall be fitted on the low pressure side of the reducing valve.

(6) Pressure vessel or plant being taken into use --- (a) No new pressure vessel or plant shall be taken into use in a factory after coming into force of this rule unless it has been hydro-statically tested by a competent person at a pressure at least 1.3 times the design pressure, and no pressure vessel or plant which has been previously used or has remained isolated or idle for a period exceeding 2 month or which has undergone alterations or repair shall be taken into use in a factory unless it has been thoroughly examined by a competent person externally and internally, if practicable and has been hydrostatically tested by the competent person at a pressure which shall be 1.5 times the maximum permissible working pressure :

Pressure however, that the pressure vessel or plant which is so designed and constructed that it cannot be safety filled with water or liquid or is used in service when even some traces of water cannot be tolerated, shall be pneumatically tested at a pressure not less than the design pressure or the maximum permissible working pressure as the case may be :

Provided, further that the pressure vessel

Rule 56A: Other Safety Measures

(1) In the case of oxygen prepared by electrolytic process for the purpose of compressing, the purity of oxygen shall not fall at any time below 99 per cent by volume.

(2) The electrical connexions of the electrolytic cells shall be so arranged as to overrule the possibility of wrong connection of the terminals leading to reversal of polarity.

(3) Oxygen and hydrogen pipes shall be painted with distinguishing colours to eliminate the possibility of faulty connections and the connecting of the cells to the right lines shall be carried out by a competent person nominated by the Manager.

(4) Samples of oxygen shall be taken and tested for purity at both the ends of the gas-pipes connecting the gas-holder and the suction end of the compressor after the supply of oxygen to the gas-holder is cut off completely from the cells by means of a stop valve. Testing of the gas for purity shall be reported thereafter every hour band records maintained in a register which shall be approved by the Chief Inspector of Factories in this behalf.

(5) Each plant shall be provided with at least two gas-holders so that while oxygen of one of them completely isolated from the cells is being compressed, the gas generated at the cells is collected in the other.

(6) Testing of the purity of oxygen shall be carried out by a competent person nominated by a manager and the person so nominated shall sign the register against each set of readings to certify the correctness of the same.

EXCESSIVE WEIGHTS

Rule 57: Excessive Weights

(a) No woman or young person shall be permitted to lift, carry or move without mechanical and any material articles, tool or appliances exceeding the maximum limit in weight set out in the schedule to these rules.

(b) No woman or young person shall engage, in conjunction with others in lifting, carrying or moving and material, articles, tool or appliance, if the weight thereof exceeds the lowest weight fixed by the schedule for any of the persons engaged, multiplied by the number of the persons engaged :

PROTECTION OF EYES RULES

Rule 58: Protection of Eyes

Effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of the following processes :

(a) The processes specified in the schedule given below, being processes which involved risk of injury to the eyes from particles, or fragments thrown off in the course of the process :

PRECAUTIONS AGAINST DANGEROUS FUMES

Rule 59: Minimum dimensions of manholes

In every factory--- except in the case of factories registered before April 1, 1949 in whose case this rules shall be applicable from July 1, 1951 --- every chamber, tank, vap, pipe flue or other confined space which persons may have to enter and which may contain dangerous fumes to such an extent as to involve risk of the persons being overcome thereby, shall unless there is other effective means of egress, be provided with a manhole, which may be rectangular., oval or circular in shape, and which shall ---

(a) In the case of a rectangular or oval shape, be not less than 16 inches long and 12 inches wide.

(b) In the case of circular shape, be not less than 16 inches in diameter.

Rule 60: Exemptions

(1) In requirements of sub-section (4) of section 37 shall not apply to the following processes carried on in any factory :

(a) The operation of repairing a water sealed gas-holder by the electric welding process, subject to the conditions that ---

(i) The gas-holder shall contain only the following gases, separately or mixed at a pressure greater than atmospheric pressure, namely, town gas coke, oven gas, producer gas, blast furnace gas, or gases other than air, used in their manufacture :

Provided that this exemption shall not apply to any gas-holder containing acetylene or mixture of gases to which acetylene has been added intentionally.

(ii) Welding shall only be done by the electric welding process and shall be carried out by experienced operatives under the constant supervision of a competent person.

(b) The operations of cutting or welding steel or wrought iron gas mains and service pipes by the application of heat, subject to the conditions that---

(i) The main or service pipes shall be situated in the open air, and it shall contain only the following gases, separately or mixed at a pressure, namely, gas coke, oven gas, or producer gas, blast furnace gas, or gases other air, used in their manufacture.

(ii) The main or service pipes shall not contain acetylene or any gas or mixture of gases to which acetylene has been added intentionally.

(iii) The operation shall be carried out by an experienced person or persons and at least two persons (including those carrying out the operations) experienced in work on gas mains and over 18 years of age shall be present during the operations.

(iv) The site of the operation shall be free from any inflammable or explosive gas vapour.

(v) Where acetylene gas is used as a source of heat in connection with an operation it shall be compressed and contained in a porous substance in a Cylinder.

(vi) Prior to the application of any flame to the gas main or service pipes this shall be pierced or drilled and the escaping gas ignited.

(c) The operation of repairing on oil tank by the electric welding process subject to the following conditions :

(i) The only oil contained in the tank shall have a flash point of not less than 1500F. (close test) and a certificate to this effect shall be obtained from a competent analyst.

(ii) The analyst's certificate shall be kept available for inspection by an Inspector.

(iii) The welding operation shall be carried out only on the exterior surface of the tank at a place (a) which is free from oil or oil leakage in inflammable quantities and (b) which is not less than one foot below the nearest part of the surface of the oil within the tank.

(iv) Welding shall be done only by the electric welding and shall be carried out by experienced operatives under the constant supervision of a competent person.

(2) Nothing in this rule shall be deemed to make any exemption from the requirements of the provisions of rules made under any other Act.

MEANS OF ESCAPE IN CAS EOF FIRE

Rule 61: Fire

(1) Processes, equipment, plant etc. involving serious explosion and serious fire hazards ---

(a) All processes involving serious explosion and flash are fire hazards shall be located in segregated buildings where the equipment shall be so arranged that only a minimum number of employees are exposed to such hazards at any one time.

(b) All industrial processes involving serious fire hazard should be located in buildings or work places separated from one another by walls of fire resistant constructions.

(c) Equipment and plant involving serious fire or flash are hazard shall wherever possible, be so constructed and installed that in case of fire they can be easily isolated.

(d) ventilation ducts, pneumatic, conveyors and similar equipment involving a serious fire risk should be provided with flame-arresting or automatic fire extinguishing appliances.

(e) in all work places having serious fire or flash fire hazards, passages between machines, installations or piles of material should be at least 90 cm. wide.

(2) Access for fire-fighting --- Buildings and plants shall be so laid out and reads passage and ways etc. so maintained as to permit unobstructed access for the fire fighting.

(3) Protection against lighting .--- Protection from lighting shall be provided for---

(i) buildings in which explosive or highly flammable substances are manufactured, used, handled or stored,

(ii) storage tanks containing oil, paints or other flammable liquids

(iii) grain elevators; and

(iv) buildings tall chimneys or stacks where flammable gases, fumes, dust or lint are likely to be present.

(4) Explosive .--- All explosives shall be handled, transported stored and used in accordance with the provisions in the Indian Explosives Act, 1884.

(5) Precautions against ignition .--- Wherever there is danger of fire or explosion from accumulation of flammable or explosive substances in air---

(a) All electrical apparatus shall either be excluded from the area of risk or they shall be of such construction and so installed and maintained as to prevent the danger of their being a source of ignition,

(b) Effective measures shall be adopted for prevention of accumulation of static charged to a dangerous extent,

(c) Workers shall wear shoes without iron or steel nails or any other exposed ferrous material which is likely to cause sparks by friction,

(d) Smoking, lighting or carrying of matches, lighters or smoking materials shall be prohibited,

(e) Transmission belts with iron fasteners shall not be used; and

(f) All other precautions, as are reasonably practicable, shall be taken to prevent initiation of ignition from all other possible source such as open flame frictional sparks, over heated surfaces of machinery or plant, chemical or physical-chemical reaction and radiant heat.

(6) Spontaneous ignition .--- Where material are likely to induce spontaneous ignition, care shall be taken to avoid for motion of air pocket and to ensure adequate ventilation.

(7) Cylinders containing compressed gas .--- Cylinders containing compressed gas may only be stored in open if they are protected against excessive variation of temperature, direct rays of sun, or continuous dampness. Such cylinders shall never be stored near highly flammable substances, furnaces or hot processes. The room where such cylinders are stored shall have adequate ventilation.

(8) Storage of flammable liquids .--- (a) The quantity of flammable liquids in any workroom shall be the minimum required for the processes carried on in such room. Flammable liquids shall be stored in suitable containers with close fitting covers :

Provided that not more than 20 litres of flammable liquids having a flash points of 2180C or less or shall be kept or stored in any workroom.

(b) Flammable liquids shall be stored in closed containers and in limited quantities in well ventilated rooms of fire resisting construction which are isolated from the remaining of the building by the fire walls and self closing fire doors.

(c) Large quantities of such liquids shall be stored in isolated adequately ventilated buildings of fire resisting construction or in storage tanks, preferably underground and at a distance from any building as required in the Petroleum Rule, 1976.

(d) Effective steps shall be taken to prevent leakage of such liquids into basements, sumps or drains and to confine any escaping liquid within safe limits.

(e) Coal, oil, gasoline, or other flammable materials shall not be poured in any sewer or drain.

(9) Accumulation of inflammable dust, gas fume or vapour in air of flammable waste material on the floors.--- (a) Effective steps shall be taken for removal or prevention of the accumulation in the air of flammable dust, gas, fume or vapour to an extent which is likely to be dangerous.

(b) No waste material of a flammable nature shall be permitted to accumulate on the floors and shall be removed at least once in a day or shift, and more often, when possible. Such materials shall be placed in suitable metal containers with covers wherever possible.

(10) Fire exists.--- (a) In this rule---

(i) "horizontal exits" means an arrangement which allows alternative egress from a floor area to another floor at or near the same level in an adjoining building or an adjoining part of the same building with adequate separation; and

(ii) "travel distance" means the distance an occupant has to travel to reach an exit.

(b) An exit may be a doorway, corridor, passage way to any internal or external stair way or to a verandah. An exit may also include a horizontal exit leading to an adjourning building at the same level.

(c) Lifts, escalators and revolving doors shall not be considered as exits for the purpose of this sub-rule.

(d) In every room of a factory exits sufficient to permit safe escape of the occupant in case of fire or other emergency shall be provided which shall be free of any obstruction.

(e) The exits shall be clearly visible and suitably illuminated with suitable arrangement, whatever artificial lighting is to be adopted for this purpose, to maintain the required illumination in case of failure of the normal source of electric supply.

(f) The exits shall be marked in a language understood by the majority of the workers.

(g) Fire resisting doors or rollers shutters shall be provided at appropriate places along the escape routes to prevent spread of fire and smoke, particularly at the entrance of lifts or stairs where funnel or flue effect may be created inducing an upward spread of fire.

(h) All exits shall provide continuous means of egress to the exterior of a building or to an exterior open space leading to a street.

(i) Exits shall be so located that the travel distance on the floor shall not exceed 30 metres.

(j) In case of the factories where high hazard materials are stored or used, the travel distance to the exit shall not exceed 22.5 metres and there shall be at least two ways of escape from every room, however, small, except toilet rooms, so located that the points of access thereto are out of or suitably shielded from area of high hazard.

(k) Wherever more than one exit is required for any room space or floor, exits shall be placed as remote from each other as possible and shall be arranged to provide direct access in separate direction from any point in the area served.

(l) The unit of exit width used to measure capacity of any exit shall 50 cm. A clear width of 25 cm. shall be counted as an additional half unit, clear width of less than 25 cm,. shall not be counted for exit width.

(m) occupants per unit width shall be 50 for stairs and 75 for doors.

(n) For determining the exits required, the occupant load shall be reckoned on the basis of actual number of occupants within any floor area or 10 square meters per person, whichever is more.

(o) There shall not be less than two exits, serving every floor area above and below the grou

Rule 62: * * *

Rule 62A: Ovens and Driers

(1) Application .--- This rule shall apply to ovens and driers, except those used in laboratories or kitchens of any establishment and those which have a capacity below 325 litres.

(2) Definition .--- For the purpose of this rule oven or drier means any enclosed structure, receptacle, compartment or box which is used for baking, drying or otherwise processing of any article or substance at a temperature higher than the ambient temperature of the air in the room or space in which the oven or drier is situated, and in which a flammable or explosive mixture of air and a flammable substance is likely to be evolved within the enclosed structure, receptacle, compartment or box or part thereof on account of the article or substance which is baked, dried or otherwise processed within it.

(3) Separate electrical connection .--- Electrical power supplied to every oven or drier shall be by means of a separate circuit provided with an isolation switch.

(4) Design, construction, examination and testing

(a) Every oven or drier shall be properly designed on sound engineering practice and be of good construction, sound material and adequate strength, free from any patent defects and safe if properly used;

(b) No oven or drier shall be taken into use in a factory fore the first time unless a competent person has thoroughly examined all its parts and carried out the tests as are required to establish that the necessary safe systems and controls are provided for safety in operation for the processes for which it is to be used and a certificate of such examination and tests signed by that competent person has been obtained and is kept available for inspection; and

(c) All parts of an oven or drier which has undergone any alteration or repair which has the effect of modifying any of the design characteristics, shall not be used unless a thorough examination and tests as have been mentioned in clause (b) have been carried out by a competent person and a certificate of such examination and tests signed by that competent person has been obtained and is kept available for inspection.

(5) Safety Ventilation .--- (a) Every oven or drier shall be provided with a positive and effective safety ventilation system using one or more motor-driver centrifugal fans so as to dilute any mixture of air and any flammable substance that may be formed within the oven or drier and maintain the concentration of the flammable substance in the air at a safe level of dilution :

(b) The safe level of dilution referred to in clause (a) shall be so as to achieve a concentration of the concerned flammable substance in air of not more than 25 per cent of its lower explosive limit :

Provided that level of concentration in air up to 50 per cent of the lower explosive limit of the concerned flammable substance may be permitted to exist subject to installation and maintenance of an automatic device which ---

(i) shows continuously the concentration of the flammable substance in air present in the oven or drier at any instant;

(ii) sounds an alarm when the concentration of the flammable substance in air in any part of the oven or drier reaches a level of 50 per cent of its lower explosive limit; and

(iii) shuts down the heating system of the oven or drier automatically when the concentration in air of the flammable substance in any part of oven or drier reaches a level of 60 per cent of its lower explosive limit;

Is provided to the oven or drier and maintained in efficient working condition;

(c) No oven or drier shall be operated without its safety ventilation system working in an efficient manner;

(d) No oven or drier shall be operated with a level of dilution less than what is referred to in clause

(e) exhaust ducts safety of ventilation system should be so designed and placed that their ducts discharge the mixture of air and flammable substance away from the workrooms and not near windows or doors or other openings from where the mixture could re-enter the workrooms;

(f) the fresh air admitted into the oven or drier by means of the safety ventilation system shall be circulated adequately by means of circulating fan or fans through all parts of the oven or drier so as to ensure that there are no locations where the flammable substance can accumulate in the air or become pocketed to any dangerous degree; and

(g) throttling dampers in any safety ventilation system should be so designed by cutting away a portion of the damper or otherwise that the system will handle at least the minimum ventilation rate required for safety when they are not in their maximum throttling position.

(6) Explosion panels .--- (a) Every oven or drier having an internal total space of not less than half cubic meter shall be provided with suitably designed explosion panels so as to allow release of the pressure of any possible explosion within the oven or drier through explosion vents. The area of openings to be provided by means of such vents together with the area of openings of any access doors which are provided with suitable arrangements for their release in case of an explosion shall be not less than 2200 square centimeter for every one cubic meter of volume of the oven or drier. The design of the explosion panels and doors as above said shall be such as to secure their complete release under an internal pressure of 0.25 Kg per sq cm; and

(7) Interlocking arrangements .--- (a) In each oven or drier efficient interlocking arrangements shall be provided and maintained to ensure that---

(i) All ventilating fans and circulating fans whose failure would adversely effect the ventilation rate or flow pattern, are in operation before any mechanical conveyor that may be provided for feeding the articles or substances to be processed in the oven or drier is put into operation :

(ii) failure of any of the ventilating or circulating fans will automatically stop any conveyor as referred to in clause (i) as may be provided, as well as stop the fuel supply by closing the shut off valve and shut off the ignition in the case of gas, oil fired ovens, and in the case of electrically heated oven switch off the electrical supply to the heaters;

(iii) the abovesaid mechanical conveyor is not in operation before the abovesaid shut-off valve can be energized; and

(iv) the failure of the abovesaid conveyor will automatically close the abovesaid shut-off valve in the case of ovens and driers heated by has, oil or steam and de-activate the ignition system, or cut-off electrical heaters in the case of electrically heated ovens or furnaces.

(8) Automatic preventilation .--- Every oven or drier heated by oil, gas, steam or electricity shall be provided with an efficient arrangement for automatic preventilation consisting of at least 3 volumes changes with fresh air by operation of the safety ventilation fan and the circulating fans if used so as to effect purging of the oven or drier of any mixture of air and a flammable substance before the heating system can be activated and before the conveyor can be placed in position.

(9) Temperature Control .--- Every oven or drier shall be provided with an automatic arrangement to ensure that the temperature within does not exceed a safe upper present limit to be decided in respect of the particular processing being carried on.

(10) multistage process .--- Wherever materials are to be processed in ovens or driers, start successive operations suitable arrangement should be provided to ensure that the operating temperatures necessary for safe operation at each stage are maintained within the design or limits.

(11) Combustible substances not to drip on electrical heaters or burners flame.--- Effective arrangements shall be provided in every oven or drier to prevent dripping of combustible substances on electric heaters or burner flame used for heating.

(12) Periodical examination, testing and maintenance---

(a) All parts of every oven and drier shall be

Rule 63: Provision against danger arising from mechanical transport in factories

(a) No railway wagon shall be moved either by power or hand unless the movements are directly supervised by a responsible person or persons especially appointed for this purpose and a person shall be deputed to walk ahead to the wagon or wagons being shunted with a suitable bell or other audible device so as to ensure than no person is allowed to pass in front of or between the moving wagon or wagons. Names of such persons or persons shall be separately shown in the attendance register in Form No. 12.

(2) Mechanical transport other than railways and fixed transporters when moved by power shall only be operated by persons trained to work them, and further such operations shall be under the charge of a responsible supervisor.

WASHING FACILITIES

Rule 64: Washing Facilities

(1) Before April 1, 1951, there shall be provided and maintained in every factory for the use of the workers employed adequate and suitable facilities for washing, which shall include soap, where the work to be done is dirty and dangerous involving contact with lead, tar, etc. The facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.

(2) Without prejudice to the generality of the foregoing provisions the washing facilities shall include---

(a) a trough with taps or jets at intervals of not less than two feet, or

(b) wash-basins with taps attached thereto,

(c) taps on stand-pipes, or

(d) showers controlled by taps, or

(e) circular troughs of the fountain type, provided that the Inspector may, having regard to the needs and habits of the workers, fix the proportion in which the aforementioned types of facilities shall be installed.

(3) (a) Every trough and basin shall have a smooth, impervious surface and shall be fitted with a waste-pipe and plug.

(b) The floor or ground under and in the immediate vicinity of every trough, tap, jet, wash-basin, stand pipe and shower shall be so laid or furnished as to provide a smooth impervious surface and shall be adequately drained.

(c) For persons, whose work involves contact with any injurious or noxious substance, there shall be at least one tap for every fifteen persons, and for persons employed at any one time in a factory, whose work does not involve such contact the number of taps shall be as follows :

No. of workers No. of taps

Up to 20 1

21 to 35 2

36 to 50 3

51 to 150 4

151 to 200 5

Exceeding 200 but not exceeding 500 5 plus on tap for every 50 or fraction of 50.

Exceeding 500 11 plus one tap for every 100 or fraction of 100.

(d) If female workers are employed, separate washing facilities shall be provided and so enclosed or screened that the interiors are not visible from any place, where persons of the other sex work or pass. The entrance to such facilities shall bear conspicuous notice in the language understood by the majority of he workers "For Women only" and shall also be indicated pictorially.

(3) The water supply to the washing facilities shall be capable of yielding at least six gallons a day for each person employed in the factory and shall be from a source approved in writing by the Health Officer. Provided that where the Chief Inspector is satisfied that such an yield is not practicable he may be certificate in writing permit the supply of a smaller quantity not being less than one gallon per day for every person employed in the factory.

FACILITIES FOR STORING CLOTHES

Rule 65: Facilities for storing clothes

All Engineering Workshops, Iron and Steel Works, Chemical Factories, Oil Mills and Motor Garages, covered by the Act, and

(i) employing 20 or more workers at a time and using power in the manufacturing process; or

(ii) employing 50 or more workers at a time and not using power in the manufacturing process shall provide facilities for storing clothing not used during working hours. Such facilities shall include the provisions of separate rooms, pegs, lockers or such other arrangements for drying of wet clothes as may be approved by the Chief Inspector.

Rule 66: First-aid appliance

The first-aid boxes or cup-boards shall be distinctively marked with a red cross on a white ground and shall contain the following equipment.

A.--- For factories in which mechanical power is used and in which the number of persons employed exceeds nineteen but does not exceed fifty---each first-aid box or cup-board shall contain the following equipments :

(i) Twelve small sterilized dressings.

(ii) Six medium size sterilized dressings.

(iii) Six large size sterilized dressings.

(iv) Six large size sterilized burn dressings.

(v) Six (1/2 oz.) packets sterilized cotton wool.

(vi) One (2 oz.) bottle containing a 2 per cent alcoholic solution of iodine.

(vii) One (2 oz.) bottle containing sal-volatile having the dose and mode of administration indicated on the label.

(viii) One roll of adhesive plaster.

(ix) One snake-bite lancet.

(x) One (1 oz) bottle of potassium permangnate crystals.

(xi) One pair of scissors.

(xii) One copy of the first-aid leaflet approved by the Chief Inspector of Factories.

B.--- For factories employing more than fifty persons---each first-aid box or cup-board shall contain the following equipments :

(i) Twenty-four small sterilized dressings,

(ii) Twelve medium size sterilized dressings,

(iii) Twelve large size sterilized dressings.

(iv) Twelve large size sterilized burn dressings.

(v) Twelve (1/2 oz.) packets sterilized cotton wool.

(vi) One snake-bite lancet.

(vii) One pair of scissors.

(viii) Two (1 oz.) bottle of potassium permanganate crystals.

(ix) One (4 oz.) bottle containing a 2 per cent alcoholic solution of iodine.

(x) One (4 oz.) bottle of sal-volatile having the dose and mode of administration indicated on the label.

(xi) One copy of the first-aid leaflet approved by the Chief Inspector of Factories.

(xii) Twelve roller bandages 4 inches wide.

(xiii) Twelve roller bandages 2 inches wide.

(xiv) Two rolls of adhesive plaster.

(xv) Six triangular bandages.

(xvi) Two packets of safety pins.

(xvii) A supply of suitable splints.

(xviii) One tournequet.

Provided that items (xii) to (xviii) inclusive need not be included in the standard first-aid box or cup-board (a) where there is a properly equipped ambulance room or (b) if at least one box containing such items and placed and maintained in accordance with the requirements of section 45 is separately provided.

C.--- The provisions of section 45 shall not apply to the factories working on any day with less than---

(i) 20 workers with the aid of power; or

(ii) 50 workers without the aid of power :

Provided that a First Aid Box having the minimum contents as indicated below is maintained in categories of factories mentioned in items (i) and (ii) above and a person trained in First Aid is readily available to give First-Aid treatment.

(a) Six small sterilized dressings.

(b) Three medium size sterilized dressings.

(c) Three large size sterilized burn dressings.

(d) Three large size sterilized dressings.

(e) Three (1/4 oz.) packets sterilized cotton wool.

(f) One (1 oz.) bottle containing two per cent alcoholic solution of iodine.

(g) One (1 oz.) bottle of potassium permanganate crystals.

(h) One snake bite lancet.

(i) One pair of scissors.

(j) One roll of adhesive plaster.

(k) One copy of the First-Aid leaflet approved by the Chief Inspector of Factories.

D.--- In lieu of the dressings required under items (i) and (ii) there may be substituted adhesive wound dressings approved by the Chief Inspector of Factories.

AMBULANCE ROOM

Rule 67: Ambulance Room

(1) In every factory except in the case of factories registered before April 1, 1949, in whose case this rule shall be applicable from July 1, 1951, in which more than 500 workers are employed there shall be provided and maintained in good order an ambulance room or dispensary.

(2) The ambulance room or dispensary shall be in charge of a registered medical practitioner assisted by at least one qualified nurse and such subordinate staff as the Chief Inspector may direct :

Provided that the Ordinance Factories of the Ministry of Defence which have their own hospitals near their premises with necessary arrangements for expeditious transport of injured workers to such hospitals shall be exempted from compliance with the requirement of a qualified nurse.

(3) The ambulance room or dispensary shall be separate from the rest of the factory and shall be used only for the purpose of treatment and rest. It shall have a floor area of the least 250 square feet and smooth, hard and impervious walls and floor and shall be adequately ventilated and lighted by both natural and artificial means. An adequate supply of wholesome drinking water shall be laid on and the room shall contain at least---

(i) a glazed sink with hot and cold water always available---

(ii) a table with a smooth top at least 6' x 3'-6".

(iii) means for sterilizing instruments and other articles.

(iv) a douche,

(v) two stretchers,

(vi) two buckets or containers with close fitting lids,

(vii) two rubber hot water bags,

(viii) a kettle and spirit stove or other suitable means of boiling water,

(ix) twelve plain wooden splints 36" x 4" x 1/4".

(x) twelve plain wooden splints 14" x 3" x 1/4".

(xi) six plain wooden splints 10" x 2" x 1/4".

(xii) six woolen blankets,

(xiii) one pair artery forceps,

(xiv) one bottle of brandy,

(xv) two medium size sponges,

(xvi) six hand towels,

(xvii) four "kidney" trays,

(xviii) four cakes carbolic soap,

(xix) two glass tumblers, and two wine glasses,

(xx) graduated medium glass with tea-spoon,

(xxi) one eye bath,

(xxii) one bottle (21 lb. Carbolic lotion 1 in 20),

(xxiii) three chairs,

(xxiv) one screen,

(xxv) one electric hand torch,

(xxvi) four first aid boxes or cup-boards stocked to the standards prescribed under section 45(1) of the Factories Act, 1948,

(xxvii) two clinical thermometers,

(xxviii) an adequate supply of anti-tetanus serum,

(xxix) an arm-chair or a couch.

(4) The occupier of every factory to which these rules apply shall for the purpose of removing serious cases of accident or sickness provide in the premises and maintain in good condition a suitable conveyance unless he has made arrangements for obtaining such a conveyance from a hospital.

(5) A record of all cases of accident and sickness treated at the room shall be kept and produced to the Inspector or certifying surgeon when required.

Explanation.--- In this rule 'registered medical practitioner' means a person holding a qualification granted by any of the authorities specified in the Schedule to the Indian Medical Degrees Act, 1916 (Act, No. VIII of 1916) or in the Schedule to the Indian Medical Council Act, 1956.

Rule 68: CANTEENS

(1) The occupier of every factory wherein more than two hundred and fifty workers are ordinarily employed on any one day and which is specified by the State Government in this behalf shall provide, within six months from the date of specification, in or near the factory, an adequate canteen according to the standards prescribed in this rule. This rule come into force at once.

(2) The manager of every factory shall submit in triplicate, through the Inspector of Factories of the region concerned, the plans and site-plan of the building to be constructed or adopted, for use as a canteen to the Chief Inspector of Factories for his approval.

(3) The canteen building or buildings shall be situated not less than fifty feet from any latrine/urinal, boiler house, coal stacks, ash dumps and any other source of dust, smoke or obnoxious fumes :

Provided that the Chief Inspector may in any particular factory relax the provisions of this rule to such extent as may be reasonable in the circumstances and may require measures to be adopted to secure the essential purpose of this sub-rule.

(4) The canteen building or buildings shall accommodate a dining hall, kitchen, store room, pantry and washing places, separately for workers and for utensils.

(5) In a canteen the floor shall be made of smooth and impervious material, the remaining portion of the inside walls shall be made smooth by cement plaster or in any other manner approved by the Chief Inspector.

(6) The doors and windows of a canteen building shall be of fly-proof construction and shall allow adequate ventilation.

(7) The canteen shall be sufficiently lighted at all times when any person has access to it.

(8) In every canteen---

(a) all inside walls of rooms and all ceilings and passages and stair cases shall be lime-washed or colour-washed at least once in each year or painted once in three years dating from the period when last lime-washed or painted, as the case may be;

(b) all wood work shall be varnished or painted once in three years dating from the period when last varnished or painted;

(c) all internal structural iron or steel work shall be varnished or painted once in three years dating from the period when last varnished or painted;

Provided that inside walls of the kitchen shall be lime-washed once every four months.

(9) Records of dates on which lime-washing, colour washing, varnishing or painting is carried out shall be maintained in Form No. 8.

(10) The precincts of the canteen shall be maintained in a clean sanitary condition. Waste water shall be carried away in suitably covered drains and shall not be allowed to accumulate so as to cause nuisance. Arrangements shall be made for the collection and disposal of garbage.

(11) (a) The dining hall shall accommodate at least 20 per cent of the workers working at a time :

Provided that in any particular factory or in any particular class of factories, the Chief Inspector may with the approval of the State Government, alter the percentage of workers to be accommodated in a canteen keeping in view the practice prevailing in the factory or in the industry where may workers may not be available to take advantage of the canteen facilities.

(b) The floor area of the dining hall, excluding the area occupied by service counter and any furniture, except tables and chairs shall be not less than 10 square feet per dinner to be accommodated as prescribed in clause (a).

(c) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers in proportion to their number. Washing places for women shall be separate and screened to secure privacy.

(12) sufficient tables, chairs of benches shall be available for the number of dinners to be accommodated as prescribed in clause (a) of sub-rule (11).

(13) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained.

(14) The furniture, utensils and other equipments shall be maintained in a clean and hygienic condition. A service counter, if provided, shall have a top of smooth and impervious material. Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of the utensils and equipments.

(15) The food, drink and other items served in the canteen shall be sold on non-profit basis, and the prices charged shall be subject to the approval of the Managing Committee :

Provided that where the canteen is managed by a Co-operative Society, exclusively of workers and registered under the Uttar Pradesh Co-operative Societies Act, 1965 such society may be allowed to include in the charges for the foodstuffs served, a profit up to 5 per cent on its working capital invested in running of the canteen.

(16) In computing the prices referred to in sub-rule (15), the following items of expenditure shall not be taken into consideration but will be borne by the occupier :---

(a) the rent for the land and building;

(b) the depreciation and maintenance charges of the building and equipment provided for the canteen;

(c) the cost of purchase repairs and replacement of equipment including furniture, crockery, cutlery and utensils;

(d) the water charges and expenses for providing lighting and ventilation;

(e) the interest on the amount spent on the provision and maintenance of the building furniture and equipment provided for the canteen;

(f) the cost of fuel required of cooking or heating foodstuffs or water; and

(g) the wages of the employees serving in the canteen and the cost of uniforms, if any, provided to them.

(17) The charge per portion of foodstuff, beverages and any other items served on the canteen shall be conspicuously displayed in the canteen in Hindi.

(18) All books of accounts, registers and any other documents used in connection with the running of the canteen shall be produced on demand to an Inspector of Factories.

(19) The accounts pertaining to the canteen, shall be audited, once every twelve months by registered

accountants or auditors the balance-sheet prepared by the said auditors shall be submitted to Canteen Managing Committee not later than two months after the losing of the audited accounts :

Provided that where the canteen is managed by a Co-operative Society, exclusively of workers, and registered under the Uttar Pradesh Co-operative Societies Act, 1965, the accounts pertaining to such canteen may be audited in accordance with the provisions of the Uttar Pradesh Co-operative Societies Act, 1965 :

(20) The Manager shall appoint a Canteen managing Committee which shall be consulted from time to time as to---

(a) The quality and quantity of foodstuff to be served in the canteen;

(b) the arrangements of the menus;

(c) times of meals in the canteen; and

(d) any other matter as may be directed by the Committee :

Provided that where the canteen is managed by a Co-operative Society, exclusively of workers and registered under the Uttar Pradesh Co-operative Societies Act, 1965 it shall not be necessary to appoint a Canteen Managing Committee.

(21) The Canteen Managing Committee shall constitute of an equal number of persons nominated by the occupier and elected by workers the number of elected workers shall be in the proportion of 1 for every 1,000 workers employed in the factory provided that in no case shall there be more than 5 or less than 2 workers on the committee.

(22) The Manager shall determine and supervise the procedure for elections to the Canteen managing Committee.

(23) Canteen Managing Committee shall be dissolved two years after the last election, no account being taken of a bye-election.

(24) When a rest room made in accordance with rule made under Section 47 of the Act fulfills the requirements neces

RULES FOR SHELTERS, REST ROOMS AND LUNCH ROOMS

Rule 69: Shelters, rest rooms and lunch rooms

In every factory (except in the case of factories registered before April 1, 1949, in whose case this rule shall be applicable from April 1, 1951) in which more than 150 workers are ordinarily employed per day, there shall be provided and maintained in good order a rest or shelter room for use of workers. The shelter or rest room or lunch room shall conform to the following standards :

(a) The building shall be soundly constructed and all the walls and roof shall be of suitable heat-resisting materials and shall be water-proof. The floor shall be so laid or finished as to provide a smooth, hard and impervious surface;

(b) The height of every room in the building shall be not less than 12 feet from level floor to the lowest part of the roof and there shall be at least 23 square feet of floor area for every person employed in the largest shift :

Provided that (1) workers, who habitually go home for their meals during the rest periods may be excluded in calculating the number of workers to be accommodated, and (2) in the case of factories in existence at the date of commencement of the Act, where it is impracticable owing to lack of space to provide 12 square feet of floor area for each person, such reduced floor area per person shall be provided as may be approved in writing by the Chief Inspector.

(c) Effective and suitable provision shall be made in every room for securing and maintaining adequate ventilation by the circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting.

(d) Every room shall be adequately furnished with chairs or benches with back rests.

(e) Sweepers shall be employed whose primary duty it is to keep the rooms, building and precincts thereof in a clean and tidy condition.

CRECHES

Rule 70: Creches

(1) In the case of factories registered before April 1, 1949, this rule shall be applicable from April 1, 1951.

(2) In other factories to which Section 48 (1) is applicable the creche shall conform to the following standards :

(a) the creches shall be conveniently accessible to the mothers of the children accommodated therein and so far as is reasonably practicable it shall not be situated in close proximity to any part of the factory where obnoxious fumes, dust or smell are given off or in which excessively noisy processes are carried on.

(b) The building in which the creche is situated shall be soundly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be water-proof. The floor of the creche shall be so laid or finished as to provide a smooth impervious surface.

(c) the height of the rooms in the building shall be not less than 12 feet from the floor to the lowest part of the roof and there shall be not less than 20 square feet of floor area for each child to be accommodated.

(d) Effective and suitable provisions shall be made in every part of the creche for securing and maintaining adequate ventilation by the circulation of fresh air.

(e) The creche-shall be adequately furnished and equipped and in particular there shall be one suitable cot or cradle with the necessary bedding for each child at least one chair or equivalent seating accommodation for the use of each mother while she is feeding or attending to her child and a sufficient supply of suitable toys for the elder children.

(f) A suitable fenced and shady open air play-ground shall be provided for the elder children :

Provided that the Chief Inspector may, by order in writing, exempt any factory from compliance with this clause if he is satisfied that there is not sufficient space available for the provisions of such play-ground.

(g) There shall be in or adjoining the creche a suitable washroom for the washing of children and their clothing.

The wash-room shall conform to the following standards :

(i) The floor and internal walls of the room to a height of 3 feet shall be so laid or finished as to provide a smooth impervious surface. The room shall be adequately lighted and ventilated and the floor shall be effectively drained and maintained in a clean and tidy condition.

(ii) There shall be at least one basin or similar vessel for every four children accommodated in the creche at any one time together with a supply of water provided, if practicable through taps from a source approved by the Health Officer. Such source shall be capable of yielding for each child a supply of at least five gallons of water a day.

(iii) An adequate supply of soap and clean towels shall be available to a mother at all times when her child is in the creche.

(h) At least half a pint of clean pure milk shall be provided free of cost for each child on every day is it accommodated in the creche and the mother for such a child shall be allowed in the course of her daily work two intervals of at least half an hour to feed the child. For children, who do not require milk an adequate supply of whole-some refreshment shall be provided.

(i) Clothes for creche staff.--- The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.

(j) Adjoining the washing room referred to above, a latrine shall be provided for the sole use of the children in the creche. The design of latrine and the scale of accommodation to be provided shall either be approved by the Public Health authorities, or, where there is no such Public Health authority, by the Chief Inspector of Factories.

COMPENSATORY HOLIDAYS

Rule 71: Spacing of compensatory holidays

Except in the case of workers whose services are being terminated, in whose case the compensatory holiday, if due, may be allowed at one stretch, the holidays allowed under sub-section (i) of Section 53 of the Act shall be so spaced that not more than two holidays are given in one week.

Rule 72: Notice regarding compensatory holidays and subsequent changes

The manager of the factory shall display, on or before the end of the month in which holidays are lost a notice in respect of workers allowed compensatory holidays during the month the holidays were lost and those to be allowed during the following two months and of the dates thereof, at the place at which the notice of periods of work, prescribed under Section 61 is displayed. Any subsequent change in the notice in respect of any compensatory holidays shall be made not less than three days in advance of the date of that holiday.

Rule 73: Discharge or dismissal and compensatory holidays

Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal. The compensatory holiday will be with pay in cases of monthly paid workers and those who are otherwise entitled to wages on the corresponding rest day which is being compensated.

Rule 74: Weekly holidays and attendance register

(1) The manager shall enter the details of weekly holidays lost and compensated for in the prescribed attendance register in Forms Nos. 12 and 13 :

Provided that, if the Chief Inspector of Factories is of the opinion that any muster roll or register maintained as part of the routine of the factory or return made by the manager, gives in respect of any or all the workers in the factory the particulars required for the enforcement of Section 53, he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under this rule for that factory.

(2) The register maintained under sub-rule (1) shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.

OVERLAPPING SHIFTS

Rule 75: Deleted

Rule 76: OVERTIME

(1) For the purposes of Section 59, the cash equivalent to the advantage accruing through the concessional sale to a worker of food-grains and other articles during any wage period shall be computed by deducting :

(a) the total amount of the price payable at the concessional rates for the maximum quantity of foodgrains admissible to a standard family, as defined in Explanation 1 to sub-section (4) of the said section,

(b) from the total amount of the price payable for the same quantity of foodgrains and other articles at the average market rates which shall be determined either on the basis of the retail prices for such food-grains and other articles prevailing in the nearest market or according to the rates published by the Labour Commissioner, for the different weeks of the wage period, in the table relating to the Consumers Price Index Number for working classes at Kanpur.

(2) The computation of the cash equivalent to such advantage in the manner indicated in sub-rule (1) above, shall be made for every wage period :

Provided that sub-rules (1) and (2) shall not apply to any Federal Railway factory whose alternative method of computation has been approved by the State Government.

(3) The manager of every factory in which workers are exempted under Section 64 or 65 from the provisions of Section 51 or 54 shall maintain an overtime register in Form No. 10.

(4) (a) The register shall be correctly maintained and entries made daily in respect of each worker working overtime and shall be preserved for a period of three years after the date of last entry.

(b) the register prescribed under sub-rule (3) shall be produced on demand by an Inspector irrespective of the fact whether the manager was present in the factory or not during inspection.

(5) The exact period, the intended overtime work and the date and the time of commencement shall be entered in overtime slips, in duplicate, a copy of which duly signed by the manager or by a person duly authorised by him, shall be given to the worker employed on such overtime before the commencement of the same. Time of completion of overtime work shall also be entered in the said slips by the Manager or his nominee immediately after the overtime work ends.

Rule 77: NOTICE OF PERIOD FOR WORK FOR ADULTS

The notice prescribed under Section 61 of the Act shall be in Form No. 11.

Rule 78: REGISTER OF ADULT WORKERS

(1) The manager of every factory shall keep, legibly written in ink and, if he so desires, separately by departments, a register of workers in Form No. 12 for adults, showing the dates, whether Sundays or week days on which the factory or any department thereof is closed and its employees are not working, the hours of work on each day of all the persons working in the factory, the time of commencing work, the rest period, the time of ending work, the days of absence and the nature of the employment of each person. Entries relating to presence or otherwise of all workers shall be posted group wise in the register within four hours of th starting time of each working period of the factory, except on days when workers have been called to work on weekly holidays fixed under Section 52, when such entries shall be made within two hours but the name of each worker shall invariably be shown on the register before he or she is allowed to work in the factory on any day.

(2) The manager shall be responsible for the production, on demand of the register, irrespective of the fact whether he (the manager) is present or not in the factory during an inspection.

(3) If the manager prefers, he may maintain the separate register in two parts one for each half of the month.

(4) The registers shall be preserved for three years after the close of the year to which they relate.

Rule 79: PERSONS HOLDING POSITIONS OF SUPERVISION OR MANAGEMENT

(1) The following persons in factories, other than sugar factories, shall be deemed to hold positions of supervision or management, provided they are not required to perform manual labour as a regular part of their duties :

(i) The Manager;

(ii) The Assistant Manager;

(iii) Mill Secretary;

(iv) Deputy Mill Secretary;

(v) Labour Officer;

(vi) Security Officer;

(vii) Heads of Technical Department;

(viii) Engineers;

(ix) Assistant Engineers;

(x) Foremen;

(xi) Assistant Foremen;

(xii) Chargemen;

(xiii) Overseers;

(xiv) Jobbers in textiles factories;

(xv) Supervisors;

(xvi) Shift Officer;

(xvii) Shift Incharge;

(xviii) Paper Makers;

(xix) Head Store Keepers, provided they are employed solely in a supervisory capacity;

(xx) Any other person, who, in the opinion of the State Government, holds a position of supervision or management and is so declared by it is writing.

(2) In sugar factories, the following persons shall be deemed to hold positions of supervision or management :

(i) The General Manager;

(ii) The Manager;

(iii) The Mill Secretary;

(iv) The Deputy Mill Secretary;

(v) The Cane Manager;

(vi) The Cane Superintendent, where there is no Cane Manager;

(vii) The Chief Chemist;

(viii) The Labour Welfare Officer;

(ix) The Chief Engineer;

(x) The Secretary to the Managing Agent or the Personal Assistant to the General Manager;

(xi) The Cane Development Officer;

(xii) Heads of Commercial Department, like accounts, purchase, store, legal catering, etc.;

(xiii) Any person who, in the opinion of the State Government, holds a position of supervision or management and is so declared by it in writing.

Rule 80:

80. The following persons shall be deemed to hold confidential position in a Factory---

(i) Stenographers;

(ii) Personal Assistants;

(iii) Personal Secretaries;

(iv) Office Superintendent;

(v) Head Clerk, where there is no Office Superintendent;

(vi) Head Munim, where there is no Office Superintendent or Head Clerk;

(vii) Head Accountant;

(viii) Head Cashier;

(ix) Cashier;

(x) Head Timer Keeper;

(xi) Telephone Operator;

(xii) Receptionist;

(xiii) Any other person, who in the opinion of the State Government, holds a confidential position and is so declared in writing by it.

Rule 81:

A list of all the workers in a factory to whom the provisions of Section 64 (1) apply shall be kept in Form No. 6 in the Inspection Book, after it has been approved by the Inspector.

Rule 82: URGENT REPAIRS

Subject to the conditions stated below the work of adult male workers employed on urgent repairs in any factory shall be exempt from the provisions of Sections 51, 52, 54, 55 and 56.

Conditions

(i) When the case of urgent repairs has arisen, a notice shall be sent within 24 hours of commencement of the employment of persons employed to carry out the said repairs to the Inspector of Factories of the region concerned in writing stating the names of persons employed, the precise nature of work and the exact time of commencement of such works. A copy of the said notice shall be affixed at the place mentioned in Section 108 (2) before the workers are put on urgent repairs.

(ii) A rest period of one hour shall be given as work permits during the working hours.

(iii) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(iv) All the workers working in excess of nine hours a day or 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.

(v) Every worker shall be given compensatory holiday in accordance with Section 53 of the Act.

Provided that periodical overhaul or repairs to any machinery in a factory shall not be deemed to be "Urgent Repairs".

Rule 83: LOADING AND UNLOADING OF RAILWAY WAGONS AND CERTAIN CATEGORIES OF ELECTRICAL STAFF

The work of male adult workers engaged on loading and unloading of railway wagons, lorries or trucks and that of clerical workers employed in connection with the urgent work of stock taking and the preparation of returns the submission of which could not be foreseen shall be exempt from the provisions of Sections 51, 52, 54, 55 and 56 of the Act, subject to the following conditions :

(i) Where possible a message by telegram or telephone shall be sent immediately after such work has arisen, followed by a notice which shall be sent, within 24 hours of the commencement of the employment of the workers employed to carry out such work, to the Inspector of Factories of the region concerned in writing stating the names of the workers employed, the precise nature of work and the exact time of commencement of such work. A copy of the said notice shall be affixed at the place mentioned in sub-section (2) of Section 108 of the Act before the workers are put on any such work.

(ii) Total daily hours of work shall not exceed 10 the total spread over being limited to 12 hours in any one day and total hours of overtime work shall not exceed 50 in any quarter.

(iii) The weekly hours of work shall not exceed 60.

(iv) A rest period of one hour shall be given as work permits during the working hours.

(v) No worker shall be employed on such work for more than 14 consecutive days without a holiday of 24 consecutive hours.

(vi) All the workers working in excess of 9 hours per day or 48 hours per week shall be paid in respect of such additional hours at the rate of twice the ordinary rate of wages in accordance with the provisions of sub-section (1) of Section 59 of the Act.

(vii) Every worker shall be given a compensatory holidays in accordance with Section 53 of the Act.

Rule 84: MAINTENANCE STAFF

(a) The work of the following classes of adult male workers shall be deemed to be of the nature referred to in clause (b) of sub-section (2) of Section 64 of the Act, and such workers shall be exempt from the provisions of the sections of the Act mentioned against each :

(i) Engine drivers, firemen, coalmen, oilmen, rope and beltmen, fitters, welders, electricians, machine-men, black-smiths, carpenters, masons and their assistants when employed-solely for the purpose of maintenance of a power plant and transmission machinery of a factory, from the provisions of Sections 51, 55 and 56.

(ii) Workers employed solely in water supply, lighting, ventilating, air-conditioning, humidifying fire extinguishing, and the clearing of blow-room flues, from the provisions of Section 56.

Explanation.--- "Maintenance" for the purposes of this rule means the upkeep and repairs to power plant, transmission machinery, electric motors and their switch-gears and cables, but shall not include the repairs or adjustment of manufacturing machines and their ropes and belts.

(b) An exemption under this rule shall be subject to the following conditions :

(i) A period of rest of one hour shall be given during each shift.

(ii) The total hours of overtime work shall not exceed 50 in any one quarter, the total spread-over being limited to 12 hours in any one day.

(iii) All workers working in excess of 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of wages in accordance with the provisions of sub-section (i) of Section 59 of the Act.

(iv) The periods of work of maintenance staff shall be indicated before-hand in Form No. 11.

Rule 85: FOUNDRIES

The work of adult male workers employed in foundries on the cupola and casting on the day cupola is worked, shall be deemed to be of the nature referred to in clause (b) of sub-section (2) of Section 64, and such workers shall be exempt from the provisions of Sections 51, 54, 55 and 56, subject to the following conditions :

Conditions

(i) A notice giving the names of such workers as are employed, showing their working hours on the day on which the exemption is availed of should be displayed before the work beyond the hours fixed in Form No. 11 is commenced and a copy of the same should be sent to the Chief Inspector and the Inspector concerned.

(ii) Total daily hours of work shall not exceed 10 and the total hours of overtime work shall not exceed 50 in any one quarter, the total spread-over being limited to twelve hours in any one day.

(iii) A minimum interval of rest of half on hour shall be given at any time during the working hours.

(iv) The weekly hours shall not exceed 52.

(v) All working in excess of 9 hours a day and 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.

Rule 85A: BRASSWARE FACTORIES

The work of male adult workers employed in Brassware Factories on melting, moulding and rolling process on the day the non-ferrous metal or alloy is melted in crucibles, shall be deemed to be of the nature referred to in clause (b) of sub-section (2) of Section 64 and the provisions of Sections 51, 54, 55 and 56 shall not apply to such workers subject to the following conditions :

Conditions

(i) The notice giving the names of such workers as are employed and showing their working hours on the day on which the exemption is availed of by the occupier of the factory should be displayed before the work beyond the hours fixed in Form No. 11 is commenced and a copy of the same should be sent to the Chief Inspector and the Inspector concerned.

(ii) Total daily hours of work shall not exceed 10 and the total hours of overtime work shall not exceed 50 in any one quarter, the total spread-over being limited to 12 hours on any one day.

(iii) An interval of rest of at least half an hour shall be given at any time during the working hours.

(iv) The weekly hours of work shall not exceed 52.

(v) All workers working in excess of 9 hours a day and 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provision of sub-section (1) of Section 59.

Rule 85B: SHELLAC FACTORIES

The work of adult workers employed in filtering Shellac in Bhattaghar in Shellac Factories shall be deemed to be of the nature referred to in clause (c) of sub-section (2) of Section 64 and shall be exempt from the provisions of Section 55, subject to the condition that facilities for bathing and taking refreshment shall be allowed.

Rule 86: CONTINUOUS PROCESS FACTORIES

The following classes of work in the undermentioned classes of factories shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Sections 51, 52, 54, 55 and 56 of the Act subject to the conditions stated below :

Rule 87: WOOD PRODUCTS (CUTCH AND KATHA) FACTORIES

The work of adult male workers employed on engines, boilers, motors, switch-boards, pumps, mechanical sawing and chipping, auto-claves, evaporation, refrigeration, filtration and drying in wood product factories shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of 54 and 56 subject to the conditions stated below :

Conditions

(i) The total daily hours of work shall not exceed 10 with a spreadover of 12 hours except in an emergency when it is necessary to employ a shift worker for more than 8 hours in any day to enable him to work the whole or part of the subsequent shift. In no case shall the worker be employed for more than 16 hours in a period of 24 hours from the commencement of work and the total number of hours of overtime shall also not exceed 50 in any quarter :

Provided also that where subsequent shift or any part thereof during which a shift worker is employed as aforesaid falls on a weekly holiday, compensatory period of rest shall also be given.

Also, when a worker is so employed the Manager shall, within seven days inform the Inspector of Factories in Form No. 10, and shall intimate the date of compensatory period of rest to be given. The Manager shall also enter the period of extra time worked and the extent of compensatory period of rest in the respective registers and shall note therein the time of commencement of such extra time work before its commencement.

(ii) All the workers working in excess of 9 hours a day or 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.

Rule 88: GLASS WORKS

The work of all adult workers, employed in glass factories on all work and processes from the mixing of the batch to the removal of the manufactured glassware from the lehrs or annealing chamber, shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Sections 51 and 52 subject to the conditions stated below :

Conditions

(i) The daily hours of work shall not exceed 8 and the weekly hours of work 56. The total hours of overtime shall not exceed 50 in any one quarter.

(ii) No person shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(iii) All workers working in excess of 48 hours per week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.

(iv) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.

Rule 89: VEGETABLE OIL MILLS

The work of adult male workers employed on manufacturing processes in oil mills, shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 55 of the Act subject to the conditions stated below :

Conditions

(i) The shifts system shall be approved by an Inspector of Factories.

(ii) A rest period of half an hours shall be given to each worker during each shift.

Rule 89A: RIGID POLYVINYL CHLORIDE PIPE MANUFACTURING FACTORIES

The work of adult male workers employed on manufacturing process in rigid polyvinyl chloride pipe manufacturing factories shall be deemed to be of the nature referred in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Section 55 of the Act subject to the conditions stated below :

Conditions

(1) the shift system shall be approved by an Inspector of Factories.

(2) A rest period of half an hour shall be given to each worker during each shift.

Rule 90: SIZING, DYEING, BLEACHING AND CLOTH PRINTING

The work of adult workers employed on the process of keirboiling, chemicking, scouring, washing, jig and yarn dyeing padding, drying, mercerizing, printing ,colour-mixing, steaming, singeing edging, calendering, sizing and size-mixing, dyeing and bleaching shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Section 51 and 55, subject to the following conditions.

Conditions

(i) The daily hours of work shall not exceed 9 and the weekly hours of work 54. A rest interval of half an hour shall be given during each shift. The total hours of overtime shall not exceed 50 in any one quarter.

(ii) All workers working in excess of 48 hours per week in a factory shall e paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.

Rule 91: TANNERIES

The work of adult workers, employed in soaking, liming, washing, bathing, tanning and drying of hides, kipes and skins in tanneries shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act, and shall be exempt from Section 51 and 52 of the Act subject to the conditions stated below :

Conditions

(i) No worker shall be employed for more than 4 hours on any Sunday.

(ii) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(iii) The total hours of overtime work shall not exceed 50 in any one quarter.

(iv) All workers working in excess of 48 hours per week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.

(v) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.

Rule 92: PREPARATION, PACKING AND DESPATCH OF SERUM AND VACCINE

The work of adult workers, employed in the preparation, packing and despatch of serum and vaccine in factories manufacturing serum and vaccine shall be deemed to be of the nature referred to in clause (e) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 52 subject to the following conditions :

Conditions

(i) No such worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(ii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.

Rule 93: DAIRIES

The work of adult male workers employed in dairy factories other than those engaged in printing and in the manufacturing of containers for milk, cream, cheese and butter shall be deemed to be of the nature referred to in clause (e) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 52 subject to the conditions stated below :

Conditions

(i) No such worker shall be employed for more than 8 hours of Sunday.

(ii) No such worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(iii) Every such worker shall be given a compensatory holiday in accordance with Section 53 of the Act.

Rule 94: RICE MILLS

The work of adult workers employed in moving the railway wagons and on drying platforms in the rice mills shall be deemed to be of the nature referred to in clause (f) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 52 subject to the conditions stated below :

Conditions

(i) No such worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(ii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.

Rule 95: OPIUM FACTORIES

The work of adult workers employed in opium factories and engaged in removing opium from railway wagons to the import shed, from April 1 to June 30, in each year, shall be deemed to be of the nature referred to in clause (f) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 52 of the Act, subject to the conditions stated below :

Conditions

(i) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(ii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.

Rule 96: TEA FACTORIES

The work of adult workers attending to boilers or engines or engaged in the processes or rolling, fermenting, firing, sieving, stewing, picking and packing in factories situated on, and used solely for the purposes of, tea plantations shall be deemed to be of the nature referred to in clause (g) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Sections 52 and 55 from April 1 to November 30, each year, provided that the following conditions are observed :

Conditions

(i) The number of workers employed in a particular piece of work shall always be at least 25 per cent greater than the number actually required to do the work at any given time.

(ii) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(iii) A rest interval of half an hour shall be given during the working hours.

(iv) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.

Rule 96A: KHANDSARI FACTORIES

The work of adult workers employed on drying of sugar in Khandsari Factories shall be deemed to be of the nature referred to in clause (g) of sub-section (2) of Section 64 and shall be exempt from the provisions of Sections 52 and 55 subject to the following conditions :

Conditions

(i) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(ii) A rest interval of half an hour shall be given during the working hours.

(iii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.

Rule 96B: PRINTING PRESSES

The work of male adult workers engaged in the printing of news-papers, who are held up on account of break-down of machinery shall be deemed to be of the nature referred to in clause (i) of sub-section (2) of Section 64 and shall be exempt from the provisions of Sections 51, 54 and 56 subject to the conditions stated below :

Conditions

(i) Total hours of work shall not exceed 10 and the total hours of over time work shall not exceed 50 in any one quarter, the total spread-over being limited to 12 hours inclusive of rest interval in any one day.

(ii) All workers working in excess of 9 hours a day or 48 hours a week in a factory, shall be paid in respect of additional hours at the rate of twice the ordinary rate of wages in accordance with the provisions of sub-section (1) of Section 59 of the Act.

Rule 96C: WORK OF NATIONAL IMPORTANCE

The male adult workers, employed in any factory, clause or description of factory and engaged in the work notified in the Official Gazette by the State Government as a work of national importance under (k) of sub-section (2) of Section 64 shall be exempt from the provisions of Sections 51, Section 52, Section 54, Section 55 and Section 56 of the said Act subject to the conditions that :

Conditions

(i) the total number of hours of work, shall not exceed ten hours in any one day;

(ii) the period of work inclusive of intervals for rest shall not spread-over more than twelve hours in any one day;

(iii) the total number of hours of work in any week, including overtime, shall not exceed sixty;

(iv) the total number of hours of overtime shall not exceed fifty for any one quarter;

(v) every worker shall be given compensatory holidays as provided under Section 53 of the Factories Act, 1948;

(vi) an interval for rest of atleast half an hour in a day shall be given to a worker during the working hours after the five hours of work;

(vii) all workers working in a factory for more than nine hours in a day or for more than forty-eight hours in a week shall be paid in respect of such additional hours at the rate of twice his ordinary rate of wage as provided under sub-section (1) of Section 59 of the Factories Act, 1948; and

(viii) no worker shall be employed for more than fourteen consecutive days without a holiday of twenty-four consecutive hours.

Rule 97: Jute and Hemp Baling Factories

The work of adult workers exclusively employed in the process of hemp cleaning, assorting and combing (with the exception of mechanical and press house staff) shall be deemed to be of the nature referred to in sub-section (1) of Section 65 and such workers shall be exempt from the provisions of Section 61 subject to the following conditions :

Conditions

(i) No such adult worker shall be employed on a Sunday.

(ii) The periods of work for adult workers shall be within the limits of 6 a.m. and 6 p.m. or where the Chief Inspector of Factories by order in writing so directs within the limits of 7 a.m. and 7 p.m.

(iii) The manager or occupier of any such factory shall, before the avails himself of an exemption granted under the preceding condition by the Chief Inspector of Factories, serve on the Inspector and display in the factory a notice of his intention to do so, in accordance with the provisions of sub-section (2) of Section 108 of the Act, and shall keep the notice so displayed for such period as he avails himself of the exemption.

(iv) No person shall be allowed to work in a factory until the exact time of commencement of work and its duration has already been posed in the register in Form No. 12 against the name of each worker before its commencement.

Rule 98: PROVISIONS FOR EXCEPTIONAL PRESSURE OF WORK

When a written exemption order is issued by the Chief Inspector under Section 65 (2), he shall at once submit a copy of his order, together with a report of the circumstances, to the State Government, which may confirm or modify or rescind the order.

NOTICE OF PERIODS OF WORK FOR CHILDREN

Rule 99:

The notice prescribed under Section 72 of the Act shall be in Form No. 11.

Rule 100: REGISTER OF CHILD WORKERS

The manager of every factory shall keep legibly written in ink, and, it he so desires, separately by departments, a register in Form No. 13, for child workers, showing the dates, whether Sundays or week days, on which the factory, or any department thereof, is closed and its employees are not working, the hours of work on each day of all the persons working in the factory, the time of commencing work, rest periods, the time of ending work, the days of absence, and the nature of the employment of each person. Entries relating to presence or otherwise of all workers shall be posted in the register within four hours of the starting time of each working period of the factory, except on days when workers have been called to work on weekly holidays fixed under Section 52 when such entries shall be made within two hours but the name of each worker shall invariably be shown on the register before he or she is allowed to work in the factory.

Rule 101: DUTIES OF CERTIFYING SURGEON

(a) The duties of a certifying surgeon appointed under Section 10(1) of the Act, shall comprise the examination of young persons, desirous of being employed, and the re-examination of young persons in respect of whom a notice under Section 75 has been served upon the manager or who desires to be re-employed. Certificate of age and fitness shall be given only to such young persons as are found qualified to receive them, a fee of 50 P. Per young person being charged for such examination from the occupier or manager of the factory.

(b) the certifying surgeon shall fix such date and place and time as may be mutually convenient for the attendance of persons wishing to obtain certificates of age and physical fitness. He shall give notice of the place, date and time thus fixed to the manager of the factory within the local limits for which he is appointed.

LEAVE WITH WAGES

Rule 102: Leave with Wages

(a) The manager shall keep a register in Form No. 14 hereinafter called the Leave with Wages register, which shall be filled weekly or fortnightly or at least once a month :

Provided that, if the Chief Inspector of Factories is of the opinion that any muster roll or register maintained as part of the routine of the factory, or return made by the manager, gives in respect of any or all the workers in the factory the particulars required for the enforcement of Chapter VIII of the Act, he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under this rule in respect of that factory.

(b) The Leave with Wages register shall be prescribed for a period of three years after the last entry in it and shall be produced before the Inspector on demand.

Rule 102A: Manner of choosing representative

The representative of the workers of a committee for the purposes of sub-section (8) of Section 79 shall be chosen by election through ballot

Rule 103: Leave book

(i) The manager shall provide each worker with a book in Form No. 15 (hereinafter called the leave book). The leave books shall be the property of the worker and the manager or his agent shall not demand it except to make entries of the dates of leave of interruptions in service, and shall not keep it for more than a week at a time. Workers shall submit the leave book when required by the manager within three days.

(ii) If a worker loses his leave book, the manager shall provide him with another copy on the payment of 25 P. and shall complete it from his record.

Rule 104: Medical certificate

If any worker is absent from work due to his illness and he wants to avail himself of the leave with wages due to him to cover the whole or a part of the period of his illness under the provisions of clause (7) of Section 79, he shall, if required by the manager produce a medical certificate signed by a registered medical practitioner or by a registered or recognized Vaid or Hakim, stating the cause of the absence and the period for which the worker is, in the opinion of such medical practitioner unable to attend to his work, or other reliable evidence to prove that he was actually sick during the period for which the leave is to be availed of.

Rule 105:

The cash equivalent to the advantage accruing through the concessional sale of foodgrains and other articles, payable to the workers proceeding on leave, shall be the difference between the value at the average market rates, prevailing during the month immediately preceding his leave and the value at the concessional rates of foodgrains and other articles to which he in entitled.

For the purpose of the cash equivalent, monthly average market rates of foodgrains and other articles shall be computed at the end of every month.

The average market rates shall be determined in accordance with the cost of living indices published from time to time by the Labour Commissioner, Uttar Pradesh :

Provided that if retail prices for any particular centre are not published by the Labour Commissioner, Uttar Pradesh, retail prices prevailing in the main market in that centre, or, if there is no market in the centre, the nearest market, shall be taken into account for this purpose.

Rule 106: Grant of leave with wages

A worker may exchange, the period of his leave with another worker, subject to the approval of the Manager.

Rule 107: Payment or wages if the worker dies

(1) Where a worker dies before he resumes work, the balance of his pay, due for period of leave with wages not availed of shall be paid to his nominee within one month of the receipt of intimation of the death of the worker.

(2) Each worker shall submit a nomination in Form No. 16, duly signed by himself or herself and attested by two witnesses. The nomination shall remain in force until it is revised or cancelled by another nomination.

Rule 108: Register for exemption under Section 84

(1) Where an exemption is granted under Section 84, the manager shall maintain a register showing the position of each worker as regards leave due, taken and wages granted.

(2) He shall display at the place indicated in Section 108(2) a notice giving full details of the system established in the factory for leave with wages and shall sand a copy of it to the Inspector.

(3) No alteration shall be made in the scheme approved by the State Government at the time of grating exemption under Section 84 without its previous sanction.

SPECIAL PROVISIONS

Rule 109: Dangerous Manufacturing process or Operation

The following manufacturing processes or operations when carried on in any factory are declared to be dangerous manufacturing processes or operations under Section 87 :

(i) manufacturing of aerated water and processes incidental thereto.

(ii) Electrolytic plating of oxidation of a metal article by use of an electrolyte containing chromic acid or other chromium compounds.

(iii) Manufacture and repair of electric accumulators.

(iv) Glass manufacture.

(v) Grinding or glazing of metal.

(vi) Manufacture and treatment of lead and certain compounds of lead.

(vii) Generation of gas from dangerous petroleum.

(viii) Cleaning or smoothing or roughening etc. of articles, by a jet of sand, metal shot or grit or other abrasive propelled by a blast of compressed air or steam.

(ix) Liming and tanning of raw hides and skins and processes incidental thereto.

(x) Certain lead processes carried on in printing presses and type foundries.

(xi) Dichromate manufacture.

(xii) Chemical works.

(xiii) Manufacture or manipulation of Carcenogenic Dye Intermediates.

(xiv) Manufacture, handling and usage of benzene and substances containing benzene.

(xv) Manufacture of pottery.

(xvi) Manipulation of stone or any other material containing free silica.

(xvii) Handling and processing of asbestos, manufacturing of any article of asbestos and any other processes of manufacture or otherwise in which asbestos is used in any form.

(xviii) Handling or manipulation of corrosive substances.

(xix) Compression of oxygen and hydrogen produced by electrolysis of water.

(xx) Process of extracting oils and fats from vegetable and animal sources in solvent extraction plants.

(xxi) Manufacture or manipulation of manganese and its compounds.

(xxii) Manufacture or manipulation of dangerous pesticides.

(xxiii) Manufacturing process or operation in carbon di-sulphide plants.

(xxiv) Operations involving high noise levels.

(xxv) Manufacture of Rayon by Viscose process.

(xxvi) Highly flammable liquids and Flammable compressed Gases.

(xxvii) Carpet and woollen drugget making or any work incidental thereto or connected therewith.

(xxviii) Brassware making or any work incidental thereto or connected therewith.

(xxix) Lock and hardware making or any work incidental thereto or connected therewith.

ACCIDENTS

Rule 110: Notification of accidents and dangerous occurrences

(1) When any accident which results in the death of any person or which results in such bodily injury to any person as is likely to cause his death, or any dangerous occurrence specified in the Schedule takes place in a factory, the Manager of the factory shall forthwith send a notice thereof by telephone, special messenger or telegram to the Inspector of Factories of the region concerned and the Chief Inspector of Factories.

(2) When any accident or any dangerous occurrence specified in the schedule, which results in the death of any person or which results in such bodily injury to any person as is likely to cause his death, takes place in a factory notice as mentioned in sub-rule (1) shall also be sent to :---

(a) the District Magistrate or Sub-Divisional Officer,

(b) the Officer-in-Charge of the nearest police station, and

(c) the relatives of the injured or deceased person.

(3) Any notice given as required under sub-rules (1) and (2) shall be confirmed by the Manager of the factory to the authorities mentioned in the above sub-rules within 12 hours of the accident or the dangerous occurrence by sending them a written report in Form 18 in the case of an accident or dangerous occurrence causing death or bodily injury to any person and in Form 18-A in the case of a dangerous occurrence which has not resulted in any bodily injury to any person.

(4) When any accident or dangerous occurrence specified in the Schedule takes place in a factory and it causes such bodily injury to any person as prevents the persons injured from working for a period of 48 hours or more immediately following the accident or the dangerous occurrence, as the case may be, the Manager of the factory shall send a report thereof to the Inspector of Factories of the region concerned as well as to the Chief Inspector of Factories in Form No. 18 within 24 hours after the expiry of 48 hours from the time of the accident or the dangerous occurrence :

Provided that if in the case of an accident or dangerous occurrence, death occurs of any person injured by such accident or dangerous occurrence after the notice and reports referred to in the foregoing sub-rules have been sent, the Manager of the factory shall forthwith send a notice thereof by telephone, special messenger or telegram to the authorities and persons mentioned in sub-rules (1) and (2) and also have this information confirmed in a writing within 12 hours of the death :

Provided further that, if the period of disability from working for 48 hours or more referred to in sub-rule (4) does not occur immediately following the accident, or the dangerous occurrence but later, or occurs in more than one spell, the report referred to shall be sent to the Inspector of Factories of the region concerned as well as to the Chief Inspector of Factories in Form No. 18 within 24 hours immediately following the hour when the actual total period of disability from working results from the accident or the dangerous occurrence becomes 48 hours.

Rule 111:

No person shall be allowed to disturb the site at which a fatal accident has occurred or any objects involved in the accident before the arrival of the Inspector, or a police officer, not below the rank of a sub-inspector, or without the consent of such officer, provided that such action may be taken as may be necessary to prevent a further accident or to secure persons from danger.

Rule 112: NOTICE OF POISONING FROM NOTIFIABLE DISEASES

(1) A notice in Form No. 19 should be sent forthwith to the Chief Inspector, the Inspector of Factories of the region concerned and the certifying surgeon of the district by the manager of the factory in which there occurs a case of lead, phosphorus, mercury, manganese, arsenic, carbon-bi-sulphide or benzene poisoning; or poisoning by nitrous fumes, or by halogens or halogen derivatives of the hydrocarbons of the aliphatic series; or of chrome ulceration, anthrax, silicosis, toxic, anaemia, toxic jaundice, primary opitheliomatous cancer of the skin, or pathological manifestations due to radium or other radio active substances or X-rays.

For every report, which, is sent by a medical practitioner to the Chief Inspector in accordance with the provisions of sub-section (2) of Section 89 of the Act, and which is confirmed to the satisfaction of the Chief Inspector by the certificate of a certifying surgeon or otherwise, as required under sub-section (3) thereof, the medical practitioner shall be paid a fee of Rs. 2 by the Chief Inspector.

SUPPLEMENTAL

Rule 113: PROCEDURE IN APPEALS

An appeal presented under Section 107 shall lie to the Chief Inspector or in cases where the order appealed against, is an order passed by that officer, to the Labour Commissioner, U.P., and shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and bearing court-fees stamp in accordance with Article 11 of Schedule II to the Court-Fees Act, 1870, and shall be accompanied by a copy of the order appealed against.

Rule 114:

The Employers' Association of Northern India, Kanpur, Indian Sugar Mills Association, 23-B Netaji Subhash Road, Calcutta, the Upper India Chamber of Commerce, Kanpur the Merchants' Chamber of Commerce Kanpur, the U.P. Chamber of Commerce, Kanpur, the U.P. Glass Manufacturers' Syndicate Shikohabad, the Western U.P. Chamber of Commerce, Meerut, National Chamber of Industries and Commerce, U.P. Agra, Glass Industries Syndicate, Firozabad, Agra, are hereby prescribed as bodies empowered to appoint one of the two assessors referred to in sub-section (2) of Section 107.

Rule 115:

The appellant shall state in the memorandum presented under rule 113 whether he is a member of any of the aforesaid bodies, and if, he is member of two such bodies which of these two bodies he desires should appoint one of the two assessors as aforesaid; and the body empowered to appoint such assessor shall---

(i) if the appellant is a member of one of such bodies, be that body;

(ii) if he is not a member of any of the aforesaid bodies, or is a member of two such bodies, be the body of which the appellant desires should appoint such assessors; and

(iii) if the appellant does not state in the memorandum which of such bodies he desires should appoint the assessor be the body which the appellate authority considers as the best fitted to represent the industry concerned.

Rule 116: APPOINTMENT OF ASSESSORS

On receipt of the memorandum of appeal, the appellate authority may, if it thinks fir, or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body, declared under Rule 115 to be the body representative of the industry concerned under sub-section (2) of Section 107 to appoint an assessor within a period of 14 days. If an assessor is nominated by such body, the appellate authority shall itself appoint a second assessor, who shall be independent. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector whose order is appealed against and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.

Rule 117: REMUNERATION OF ASSESSORS

An assessor appointed in accordance with the provisions of Rules 114 and 115 shall receive for the hearing of the appeal, a fee to be fixed by the appellate authority, subject to a maximum of fifty rupees per diem. He shall also receive reasonable travelling expenses to be fixed by the appellate authority. The fees and the travelling expenses shall ordinarily be paid to the assessor by Government; but where assessor have been appointed at the request of the appellant the fees and travelling expenses of the assessors shall be paid in full by the appellant if the appeal has been decided wholly against the appellant and if the appeal is only partly decided against the appellant, the appellate authority may direct what part of the fees and travelling expenses of the assessors shall be paid by the appellant and what part by Government.

Rule 118: DISPLAY OF NOTICES

The abstract of the Act and the rules required by Section 108(1) to be displayed in every factory shall be in the prescribed Form No. 20.

Rule 119: MANNER OF SERVICE OF NOTICE

The despatch by post, under registered cover, acknowledgement due, of any notice, order or extract of an Inspector's report sent under the Act or under these rules shall be deemed sufficient service on the occupier or manager of the factory of such notice or order or of any directions contained in such extract.

Rule 120: RETURNS

(1) The owner, occupier or manager of every factory shall furnish to the Chief Inspector of Factories and any other officer or officers designated by Government the following returns namely :

(i) On or before January 15, every year an annual return in duplicate in the Form No. 21;

(ii) On or before July 15, each year, a half-yearly return for the period January 1 to June 30 in duplicate in the Form No. 22 :

Provided that in the case of a factory in which work is carried on only during a certain season or seasons of the year, the occupier or manager shall submit the return within 15 days after the close of that season or last of these seasons, as the case may be.

Rule 121: THE INFORMATION REQUIRED BY THE INSPECTOR

The occupier, owner or manager of a factory shall furnish any information that an Inspector may require for the purpose of satisfying himself whether any provision of the Act has been complied with or whether any order of an Inspector has been duly carried out. Any demand carried out by an Inspector for any such information, if made, during the course of an inspection shall be complied forthwith if the information is available in the factory, or, if made in writing, shall be complied with within seven days of receipt thereof.

Rule 122: REGISTER OF ACCIDENTS AND DANGEROUS OCCURRENCES

The manager of every factory shall maintain a register of all accidents and dangerous occurrence, which occur in the factory in Form No. 23.

Rule 123: INSPECTION BOOK

The manager of each factory shall maintain a bound Inspection Book as described below and shall be responsible for its production on demand by an Inspector or a Certifying Surgeon irrespective of the fact whether the manager is present in the factory at the time of the inspection or not. The manager shall also be responsible for any damage to, loss of or tampering with the Inspection Book.

The Inspection Book shall be of the size 13 x 8-1/2 inches. It shall contain at least 180 sheets. Every fourth sheet thereof shall be serially numbered and the two un-numbered sheets, between each two serially numbered sheets, shall have a vertical perforated straight line on the left-hand side at a margin of 1 inch.

It shall also contain in the beginning at least six copies each of form Nos. 1, 4, 6, 8 and 9 prescribed under these rules. Form No. 1, shall be kept posted up to date and Form No. 4, shall be filled in every year or whenever there is change of manager or occupier. Exemption granted to the factories under Rules 22 and 81 shall be posted in Form 6 and entries in Forms No. 8 and 9 shall be made periodically according to the relevant rules.

(b) In case the Inspection Book containing the remark passed by an Inspector or a Certifying Surgeon is lost, the manager of the factory shall within a week report in writing the loss of Inspection Book to the Chief Inspector and the Inspector Incharge of the region stating the circumstances in which it has been lost and shall immediately start maintaining a new Inspecting Book.

Rule 124: PRODUCTION OF REGISTERS AND RECORDS

All registers, records required to be maintained under the Act and these rules shall be produced on demand by an Inspector or Certifying Surgeon.

Rule 125: RECORDS OF INSPECTION

A note of all defects and irregularities discovered at the time of inspection by an Inspector, or a Certifying Surgeon, shall be prepared by him, in triplicate, in the Inspection Book maintained under Rule 123, giving reference to relevant sections of the Act and Rules, the breach of which has been committed. He shall detach the two copies on the un-numbered perforated pages for sending one to the Chief Inspector and retaining the other for record in his office. The original on the numbered pages shall be left intact in the Inspection Book.

Rule 126:

All Additional Inspectors appointed under Section 8 (4) and 8 (5) shall inspect factories for breaches of sections mentioned in Rule 15 (c) and their relevant rules and shall submit their inspection reports to the Chief Inspectors of Factories, who shall pass final orders thereon.

Rule 127: INFORMATION OF CLOSURE OF FACTORIES

The occupier or manager of every factory shall report to the inspector any intended closure of the factory or any section or department thereof immediately it is decided to do so, intimating the reason for the closure, the likely to be affected by the closure and the probable period of the closure. An intimation shall also be sent to the Inspector as soon as the factory or the section or department of the factory, as the case may be starts working again.

Rule 128: Plantation of trees

The occupier of a factory, employing ordinarily 100 or more workers, shall plant and maintain trees within the precincts of the factory. The number, type and layout of the trees to be planted shall be approved by the Forest Officer of the area or any other qualified Horticulturist.

Supreme Court Stays Bombay HC's Order on 'Skin to Skin' Contact for POCSO Sexual Assault

2021-01-28T11:48:00.002+05:30

Supreme Court Stays Bombay HC's Order on 'Skin to Skin' Contact for POCSO Sexual Assault

The Supreme Court on Wednesday stayed the Bombay High Court's controversial order acquitting an accused, which had stated 'skin-to-skin' contact necessary to be classified as sexual assault under the POCSO Act. Attorney General KK Venugopal said the order would set a dangerous precedent.

The Bombay High Court had recently modified a sessions court order that held a man guilty of a minor's sexual assault, ruling that groping a child without "skin-to-skin contact with sexual intent" does not amount to the offence under the Prevention of Children from Sexual Offences (POCSO) Act. The judgement was passed on January 19, the detailed copy of which was made available on Sunday.

Justice Pushpa Ganediwala, hearing the case for the Nagpur Bench of the court, had held that act of groping the 12-year-old girl's chest and attempting to strip her would amount to molestation under Section 354 of the IPC (outraging a woman's modesty). The revised sentence punished the accused with one year's imprisonment for the less graver offence.

The sessions court had sentenced him to three years of imprisonment for the offences under the POCSO Act and under IPC section 354. The sentences were to run concurrently.

"The act of pressing of breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside the top and pressed her breast, would not fall in the definition of sexual assault," it said.

The POCSO Act defines sexual assault as when someone "with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault". The court, in its verdict, held that this "physical contact" mentioned in the definition of sexual assault must be "skin to skin" or direct physical contact.

After the news broke, experts bodies and women rights organizations condemned the move.

The International Planned Parenthood Federation (South Asia) reacted to the ruling with grave concern on it. The IPPF had said that the judgment is "deeply flawed" in its understanding of child sexual abuse and "fails to take into account the power hierarchy when an adult person abuses his/her authority over a child/minor".

The IPPF had said in its statement.

"We are concerned about the judgement of the Indian court and believe it fails to take into account that child sexual abuse occurs when a person uses his/her power over a child or youth,"

National Commission for Women (NCW) Chairperson Rekha Sharma had said

"This judgment will not only have a cascading effect on various provisions involving safety and security of women in general but also subject all women to ridicule"

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH

CRIMINAL APPEAL NO. 161 OF 2020

Satish s/o Bandu Ragde,
aged about 39 years,
occupation – Private Work,

r/o Gond Mohalla, Deepak
Nagar, Behind Surendragarh
Durga Mandir, Nagpur. ... APPELLANT

Versus

The State of Maharashtra through Police Station Officer,

Gittikhadan, Nagpur. … RESPONDENT

Shri Sk. Sabahat Ullah, Advocate for the appellant.

Shri M.J. Khan, APP for the respondent.

…..

CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 19, 2021.

ORAL JUDGMENT :

Heard Shri Sk. Sabahat Ullah, learned counsel for the petitioner and Shri Khan, learned APP for the respondent.

2. This is an appeal against the judgment and order dated 05.02.2020 in Special Child Protection Case No. 28 of 2017 passed by the Extra Joint Additional Sessions Judge, Nagpur, by which the appellant is convicted for the offence punishable under Sections 354, 363 and 342 of the Indian Penal Code (hereinafter referred to as IPC) and Section 8 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter referred to as POCSO Act), in Crime No. 405 of 2016 registered at Police Station Gittikhadan, Nagpur, District – Nagpur.

3. For the offence punishable under Section 8 of the POCSO Act read with Section 354 of the IPC, the appellant is sentenced to suffer R.I. for three years and to pay a fine of Rs. 500/-, in default of fine to suffer R.I. for one month.

For the offence punishable under Section 363 of the IPC, the appellant is sentenced to suffer R.I. for two years and to pay a fine of Rs. 500/-, in default of fine to suffer R.I. for one month. For the offence punishable under Section 342 of the IPC, the appellant is sentenced to suffer R.I. for six months and to pay fine of Rs. 500/-, in default of fine, to suffer R.I. for one month. All the substantive jail sentences were directed to run concurrently. The appellant is given set off for the period of sentence, he has already undergone.

4. The prosecution story, in brief, is as under :

i) On 14.12.2016, the informant (mother of the prosecutrix) (PW-1) lodged a report at police station Gittikhadan, Nagpur, stating therein that the appellant took her daughter (prosecutrix) aged about 12 years, on the pretext of giving her guava, in his house and pressed her breast and attempted to remove her salwar. At that point of time, the informant reached the spot and rescued her daughter. Immediately, she lodged First Information Report. On the basis of the said FIR, crime came to be registered against the appellant / accused vide Crime No. 405 of 2016 (Exh. 1) for the offence punishable under Sections 354, 363 and 342 of the IPC and under Section 8 of the POCSO Act.

5. The police started an investigation. After investigation, a charge-sheet came to be filed in the Special Court, Nagpur, against the appellant.

6. The Special Court framed charge (Exh. 11) against the appellant / accused under Sections 361, 354, 342 and 309 of the IPC and under Section 8 of the POCSO Act. The said charge was read over and explained to the appellant / accused, to which he denied. His plea was recorded.

7. In order to establish the guilt against the appellant / accused, the prosecution examined all five witnesses and also brought on record the relevant documents.

PW-1 is the informant - mother of the prosecutrix.

PW-2 is the prosecutrix.

PW-3 is the prosecution witness (neighbour).

PW-4 is a WPSI – Kinake.

PW-5 is the PSI who registered crime against the

appellant / accused on the report of the informant.

8. The Special Court recorded the statement of the appellant / accused under Section 313 of the Code of Criminal Procedure.

9. After hearing both sides, the learned Court found the appellant / accused guilty of the crime registered against him and passed the judgment of conviction and sentenced him as above. The learned Special Court, however, acquitted the appellant / accused of the offence punishable under Section 309 of the IPC. This judgment of conviction is impugned in this appeal.

10. I have heard Shri Sabahat Ullah, learned counsel for the appellant and Shri Khan, learned Additional Public Prosecutor for the respondent - State. I have also perused the record with the assistance of both the counsel.

11. At the outset, the informant – PW-1 and the prosecutrix – PW-2 are the star witnesses. The age of the prosecutrix at the relevant time was 12 years and this fact is not seriously disputed by the learned counsel for the appellant.

12. The informant - PW-1 - the mother of the prosecutrix deposed that the incident took place on 14.12.2016. On that day at about 11.30 AM, her daughter – the prosecutrix (name kept undisclosed) went to bring guava. As she did not come back for a long time, she started searching for her. Her neighbour told her that the appellant, who was staying in the vicinity of their house, took her daughter to his house and showed her the house of the appellant. PW1 went there calling “Laxmi, Laxmi”. She saw the appellant coming down from the first floor. She asked the appellant about the whereabouts of her daughter. He denied the presence of the prosecutrix in his house. PW-1 searched for her daughter on the ground floor and then she went up to the first floor. The room was bolted from outside. She opened it and found her daughter. Her daughter was crying. She took out her daughter from that room and her daughter narrated the incident that on the pretext of giving guava to her, the appellant brought her to his house and pressed her breast and when he tried to remove her knicker, she shouted. Thereafter he went out, after bolting the room from outside. Immediately, PW-1 along with her daughter proceeded to the Police Station and lodged a report.

13. PW-2 – Prosecutrix testified that on the day of the incident, when she was going to bring guava, the appellant caught her hand and told her that he will provide guava to her and he took her to his house. He tried to remove her Salwar and pressed her breast. Then she shouted. The appellant pressed her mouth by his hand. The appellant went down by closing the door of the room from outside. Thereafter, her mother opened the door and entered the room and brought her outside. Then they went to Police Station for lodging report.

14. PW-3, the neighbour, is examined on the point that she had heard the shouts of a girl and she informed PW-1 about it.

15. A perusal of the testimony of PW-1 and PW-2 on the point of incident would reveal that both the witnesses are consistent on the point that the appellant pressed the breast of the prosecutrix. With regard to removing the knicker, though in her chief PW-1 stated that the appellant/ accused was trying to remove the knicker of her daughter, however, in cross examination she has corrected her statement and deposed that she told the police that the appellant tried to remove Salwar of her daughter. The prosecutrix was deposed about removing her salwar. So there is no confusion with regard to whether the accused tried to remove salwar or knicker.

16. Now the question for consideration of this court is, whether the ‘pressing of breast’ and ‘attempt to remove salwar’ would fall within the definition of ‘sexual assault’ as defined under Section 7 and punishable under Section 8 of the POCSO Act. For better appreciation of evidence, it would be necessary to look into the definition of ‘sexual assault’, which is reproduced below:

7. Sexual assault – Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other Act with sexual intent which involves physical contact without penetration, is said to commit sexual assault.

As per this definition, the offence involves the following necessary ingredients :

(i) Act must have been committed with sexual intent.

(ii) Act must involve touching the vagina, penis, anus, or breast of the child.

making the child touch the vagina, penis, anus

breast of such person or any other person.

doing any other act with sexual intent which involves physical contact without penetration.

17. The appellant/ accused is convicted for the offence of ‘sexual assault’. As per the definition of ‘sexual assault’, a ‘physical contact with sexual intent without penetration’ is an essential ingredient of the offence. The definition starts with the words -

“Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person or does any other act with sexual intent…...’ The words ‘any other act’ encompasses within itself, the nature of the acts which are similar to the acts which have been specifically mentioned in the definition on the premise of the principle of ‘ejusdem generis.’ The act should be of the same nature or closure to that.

18. Evidently, it is not the case of the prosecution that the appellant removed her top and pressed her breast. The punishment provided for offence of ‘sexual assault’ is imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine. Considering the stringent nature of punishment provided for the offence, in the opinion of this Court, stricter proof and serious allegations are required. The act of pressing of breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside top and pressed her breast, would not fall in the definition of ‘sexual assault’. It would certainly fall within the definition of the offence under Section 354 of the Indian Penal Code. For ready reference, Section 354 of the Indian Penal Code is reproduced below :

“354. Assault or criminal force on a woman with intent to outrage her modesty. - Whoever assaults or uses criminal force to any woman, with the intention to outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.”

19. So, the act of pressing breast can be a criminal force to a woman/ girl with the intention to outrage her modesty. The minimum punishment provided for this offence is one year, which may extend to five years and shall also be liable to fine.

20. It is the basic principle of criminal jurisprudence that the punishment for an offence shall be proportionate to the seriousness of the crime.

21. Section 7 of the POCSO Act, defines sexual assault and the minimum sentence provided is three years and Section 354 of the Indian Penal Code, which is related to outraging the modesty of a woman, prescribes minimum sentence of one year. In the instant case, having regard to the nature of the alleged act by the appellant and having regard to the circumstances, in the opinion of this Court, the alleged act fit into the definition of the offence as defined in Section 354 of the Indian Penal Code.

22. The learned counsel for the appellant strongly argued with regard to testimony of PW-1, she being a hearsay witness. No doubt PW-1 does not claim to have seen the incident, however, her testimony would be relevant and admissible in evidence under Section 6 of the Evidence Act. The principle of res gestea would be applicable, being part of the same transaction. Evidently, she went to the house of the accused searching for her daughter, she saw the accused coming down from the first floor, she inquired with the appellant - accused about her daughter, he refused her presence, she searched for her daughter on the ground floor, she went upwards, she found the door of the room bolted from the outside, she opened the door, she found her daughter crying, she brought her daughter out of room, her daughter narrated the incident to her. All these events form the parts of the same transaction.

23. The learned counsel for the appellant also argued with regard to the mental capacity of the girl, which was observed by the learned trial Court while recording her testimony. It is true that as per demeanor of the witness, she might not have that mental intelligence, however, the learned counsel could not point out from the record that she was not a competent witness and her answers to the questions were not rational. Secondly, immediately after the incident, she narrated the incident to her mother and on that basis the First Information Report came to be lodged and on material point of facts, the testimonies of both, mother and daughter are consistent.

24. PW-3 is the witness, who informed PW-1 about the fact that she heard the noise of her daughter from the house of the appellant. The learned counsel pointed out some omissions in her testimony with regard to shouting of the girl “Maa Maa”. These are not the material omissions to disbelieve the prosecution story. Fact remains that she informed PW-1 that she heard shouts from the house of the appellant and PW-1 went there and she found her daughter. Other witnesses are formal in nature.

25. The learned APP read out Section 7 of the POCSO Act, which defines sexual assault and submitted that the act which has been proved by the prosecution “pressing of breast” comes within the definition of sexual assault under Section 7 of the POCSO Act.

26. It is not possible to accept this submission for the aforesaid reasons. Admittedly, it is not the case of the prosecution that the appellant removed her top and pressed her breast. As such, there is no direct physical contact i.e. skin

to skin with sexual intent without penetration.

27. In view of the above discussion, this Court holds that the appellant is acquitted under Section 8 of the POCSO Act and convicted under minor offence u/s 354 of IPC and sentenced him to undergo R.I. for one year and to pay fine of Rs.500/-, in default of fine to suffer R.I. for one month. The sentence for the offence punishable under Section 342 of the Indian Penal Code i.e. six months and fine of Rs.500/-, in default to suffer R.I. for one month, is maintained. The accused is on bail. His bail bond stands forfeited. Issue Non bailable warrant against the appellant – accused. All the substantive jail sentences shall run concurrently and the appellant – accused is entitled for set off under Section 428 of the Code of Criminal Procedure.

28. Criminal Appeal stands disposed of accordingly.

The Occupational Safety, Health and Working Conditions (Central) Rules, 2020

2020-12-29T13:39:00.001+05:30

The Occupational Safety, Health and Working Conditions (Central) Rules, 2020

THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

MINISTRY OF LOBOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 19th November, 2020

G.S.R. 729(E).—The following draft rules, which the Central Government proposed to make in exercise of powers conferred by Sections 133 and 134 of the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) read with section 24 of General Clauses Act, 1897(10 of 1897) and in supersession of the :-

1. The Dock Workers (Safety, Health and Welfare) Rules, 1990;

2. The Building and Other Construction Workers (Regulation of Employment and Condition of Services) Rules, 1998;

3. The Model Factories Rules;

4. The Mines Rules, 1955;

5. The Mines Rescue Rules, 1985;

6. The Mines Vocational Training Rules, 1966;

7. The Pithead Bath Rules,1959;

8. The Mines Crèche Rules,1966;

9. The Contract Labour (Regulation and Abolition) Central Rules, 1971;

10. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1979.

11. The Working Journalists (Conditions of Service) and Miscellaneous Provisions Rules, 1957;

12. The Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984;

13. The Sales Promotion Employees (Conditions of Service) Rules, 1976.

except as respects things done or omitted to be done before such supersession, are hereby notified as required by sub section (1) of said Section 133 and sub-section (1) of sub section 134, for information of all persons likely to be affected thereby and notice is hereby given that the said draft notification will be taken into consideration after the expiry of a period of 45 days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public;

Objections and suggestions, if any, may be addressed to Shri Shivakant Kumar, Under Secretary to the Government of India, Ministry of Labour and Employment, Room No: 17, Shram Shakti Bhawan, Rafi Marg, New Delhi or by email (fasli@dgfasli.nic.in and shivkant.kr@gov.in ) the objections and suggestions should be sent in a proforma containing columns (i) specifying the name and address of the persons and organizations and column (ii) specifying the rule or sub-rule which is proposed to be modified and column (iii) specifying the revised rule or sub rule proposed to be submitted and the reasons therefore;

Objections and suggestions, which may be received from any person or organization with respect to the said draft notification before expiry of a period of 45 days, specified above, will be considered by the Central Government.

DRAFT RULES - CHAPTER – I - PRELIMINARY

1. Short title, extant and commencement.-

(1) These rules may be called the Occupational Safety, Health and Working Conditions (Central) Rules, 2020.

(2) They extend to whole of India.

(3) They shall come into force on the date of their final publication in the Official Gazette. 2.

(1) In these rules, unless the context otherwise requires,-

(a) ―Code‖ means the Occupational Safety, Health and Working Conditions Code, 2020;

(b) ―Section‖ means the Section of the Code.

(c) ―Form‖ means a form annexed to these rules

(d) ―Registering Officer‖ means the registering officer appointed by the Central Government for purpose of these rules.

(2) The words and expressions used in these rules and are not defined therein , but are not in the Code, shall have respectively meaning assigned to them in the Code.

Chapter-II Registration

3. Application for registration under Section 3.-

(1) (i) The employer seeking registration for an establishment not already registered shall apply electronically in Form-I on the Shram Suvidha Portal by giving details about the establishment, and uploading documents related to Registration of the establishment, proof of Identity and address of the employer(s) as specified in the Form. The Form shall be signed digitally or in any other manner as may be required on the portal. The applicant shall be responsible for veracity of all information submitted in the application.

(ii) The Permanent Account Number (PAN) of the applicant or the establishment allotted under Income Tax Act, 1961 or any other unique number allotted to the establishment under any other Act for the time being in force or any other particular furnished in the form, may be verified online.

(iii)The certificate of registration shall be issued in Form-II electronically immediately if the application is complete in all respect but not later than seven days from the date of submission of complete application, failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated:

Provided that in exceptional circumstances the Central Government may, for such period, by notification, dispense with the requirement of electronic registration, in respect of establishment or class of establishment, for part or whole of India, and submission of application in the form so provided, may be allowed.

(iv) The certificate of registration shall be non-transferable and a copy of the certificate of registration shall be displayed in the premises of the establishment at the conspicuous place in hard copy or electronically.

(2) The registering officer under the Code may direct the employer who fails to comply with the requirements of sub-rule (1), to do so within the time stated therein and such employer shall, thereupon comply with the instruction issued by the officer in this behalf.

(3) The employer in respect of an establishment already registered under any other central labour law for the time being in force shall update the registration particulars on the Shram Suvidha Portal, within six months from the date on which the Code comes into force.

(4) Any registration obtained by providing wrong information shall be liable to be cancelled provided that establishment has been given an opportunity to show cause, electronically or by registered post, as to why the certificate of registration should not be cancelled.

(5) The employer shall quote the Registration Number on all documents prepared or completed by him in connection with the Code or the Rules or the Regulations or the Scheme, as the case may be, and in all correspondence with the office concerned.

(6) Any change in the ownership, management or any particular furnished in Registration Form submitted on the specified portal, shall be updated on the portal by the employer within thirty days of such change.

(7) The employer of an establishment to which the provisions of the Code apply and whose business activities are in process of closure, may apply for cancellation of registration online on the Shram Suvidha Portal after giving complete details of the dues payable under the Central Labour Codes:

Provided that no such application for cancellation of registration shall be entertained unless the employer has furnished all statutory returns, paid all statutory dues under the Central labour Codes and any other Central labour law in force in accordance with the law applicable for the time being and submitted a self-certification to that effect along with the application.

(8) The registering officer shall maintain a register of establishment electronically in Form-III showing the particulars of establishment in relation to which certificates of registration have been issued by him.

(9) The employer shall, within thirty days of the commencement and completion of any work, intimate to the Inspector-cum-Facilitator, having jurisdiction in the area where the proposed establishment or as the case may be, the work is to be executed, intimating the actual date of the commencement, completion of work and cessation of establishment, as the case may be, in Form-IV annexed to these rules electronically and the same shall be auto-shared to EPFO and ESIC.

4. Appeal under Section 3.- (i) The employer aggrieved by the order of Registering Officer, may appeal against such order before the appellate officer appointed by the Central Government for such purpose within thirty days from the date of receipt by him of such order, electronically.

(ii) Where the memorandum of appeal is in order, the appellate officer shall admit the appeal, acknowledge it and intimate admission of such appeal, and shall register the appeal in electronic form to be kept for the purpose called the register of appeals.

(iii) When the appeal has been admitted, the appellate officer shall send the notice of the appeal to the registering officer, against whose order the appeal has been preferred and the registering officer shall thereupon send the records of the case to the appellate officer online electronically.

(iv) On receipt of the appeal, the appellate officer shall send a notice to the appellant to appear before him on such date and time as may be specified in the notice for the hearing of the appeal electronically or by registered post.

(v) If on the date fixed for hearing, the appellant does not appear, the appellate officer may dismiss the appeal for default of appearance of the appellants by sending the copy of the order to the applicant electronically.

(vi) Where an appeal has been dismissed, the appellant may apply electronically to the appellate officer for the restoration of the appeal within thirty days from the date of receipt of the order and if the appellate officer is satisfied that the appellant was prevented by sufficient cause from appearing, the appellate officer shall restore the appeal.

(vii) The order of the Appellate Officer shall be communicated electronically or by registered post to the appellant and copy thereof shall be sent to the registering officer against whose order the appeal has been preferred and shall be disposed of within a period of thirty days from the date of receipt of appeal.

5. Notice of commencement and cessation of operation under Section 5.- The employer of every establishment being factory or mine or relating to contract labour or building or other construction works shall within thirty days of the commencement or cessation of operation, submit to the Registering Officer in Form-IV, electronically and the notice of cessation of operation shall be enclosed with a certificate that the payment of all dues to the workers employed in the establishment have been made and the premises are kept free from storage of hazardous chemicals and substances.

Chapter-III

Duties of Employer and Employee.

6. Annual Health Examination of employees under clause (c) of sub-section (1) of Section 6.- Every employer of factory, dock, mine and building or other construction work shall arrange to conduct free of cost, medical examination for every worker annually i.e. within 120 days from the commencement of the every calendar year who has completed 45 years of age. The medical examination shall be conducted by a qualified medical practitioner as per proforma in the Form-V. The Medical Certificate shall be submitted by the qualified medical practitioner to the concerned employer and employee.

7. Letter of appointment to employee under clause (f) of sub-section (1) of Section 6.-No employee shall be employed in any establishment unless he has been issued a letter of appointment in the prescribed format as appended to this Rule:

Provided that, an employee who has not been issued an appointment letter containing the required particulars, shall be issued an appointment letter within three months of coming into force of this rule.

Format

(i) Name of employee:

(ii) Father‘s name:

(iii) Aadhar number:

(iv) Labour Identification Number (LIN) of the establishment:

(v) Universal Account Number (UAN)/Insurance Number (ESIC):

(vi) Designation:

(vii) Category of skill:

(viii) Date of joining:

(ix) Wages, Basic Pay & Dearness Allowance:

(x) Other allowance including accommodation whichever is/are applicable:

(xi) Avenue for achieving higher wages/higher position:

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 73

(xii) Applicability of social security EPFO and ESIC benefits applicable:

(xiii) Health check-up:

(xiv) Broad Nature of duties to be performed:

(xv) Any other information:

Signature

Occupier/employer/owner/agent/manager

8. Notice of accidents and dangerous occurrences under sub-section (1) Section 10 and Section 11.-

(1) Where at any place in an establishment which is factory, dock work, mines, building or other construction, an accident occurs which results in the death of any person, the employer or occupier or manager of the establishment shall forthwith send a notice thereof in Form-VI electronically and inform by telephone to the Inspector-cum facilitator and Chief Inspector-cum Facilitator and District Magistrate or Sub-divisional Officer, the officer-in-charge of the nearest police station; and the family members /kin of the injured or deceased person.

(2) Where at any place in an establishment which is factory, dock work, mines, building or other construction work, an accident occurs which results in bodily injury by reason of which the person injured is prevented from working for a period of forty eight hours or more immediately following the accident, the employer or occupier or manager of the establishment shall forthwith send a notice in Form-VI within twelve hours after the completion of forty eight hours, electronically to the Inspector-cum-Facilitator.

(3) Wherein an establishment there is any dangerous occurrence as specified in the schedule annexed hereto, whether causing any bodily injury or disability or not, a notice in Form-VI shall within twelve hours be sent to:

(a) The Inspector-cum-facilitator;

(b) District Magistrate or Sub-divisional Officer;

Provided that if in the case of an accident or dangerous occurrence, death occurs to any person injured by such accident or dangerous occurrence after the notices and reports referred to in the foregoing sub-rules have been sent, the employer or occupier or manager of the establishment shall forthwith send a notice thereof by telephone and electronically to the authorities and persons mentioned in sub-rules (1) and (2) and also have this information confirmed in writing within 12 hours of the death.

Provided further that, if the period of disability from working for 48 hours or more referred to in sub-rule (2) does not occur immediately following the accident, or the dangerous occurrence, but later, or occurs in more than one spell, the report referred to shall be sent to the Inspector-cum-Facilitator in the prescribed form within 24 Hours following the hours when the actual total period of disability from working resulting from the accident or the dangerous occurrence becomes 48 hours.

SCHEDULE

The following classes of dangerous occurrences, whether or not they are attended by personal injury or disablement, namely:-

(i) Bursting, of any plant or pipeline or equipment containing petroleum, steam, compressed air or other substance at a pressure greater than the atmospheric pressure;

(ii) Collapse or failure of a crane, derrick, winch, hoist or other appliances used in raising or lowering persons or goods, or any part thereof, or the overturning of a crane.

(iii) Explosion, explosion due to explosives, fire, leakage or release of harmful toxic gases, bursting out, leakage or escape of any molten metal, or hot liquid or gas causing bodily injury to any person or damage to any room or place in which persons are employed;

(iv) Explosion of a receiver or container used for the storage at pressure greater than atmospheric pressure of any gas or gases (including air) or any liquid or solid resulting from the compression of gas.

(v) collapse or failure of lifting appliances or hoist or conveyors or other similar equipment for handling building or construction material or breakage or failure of rope, chain or loose gears; overturning of cranes used in building or other construction work; falling of objects from height;

(vi) collapse of any wall, floor, gallery, roof bridge, tunnel, chimney, wall, building or subsidence of soil or any other structure, platform, staging, scaffolding or any means of access including formwork; contact work, excavation and collapse of transmission;

(vii) Spillage or leakage of hazardous substances and damage to their container;

74 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(viii) collapse, capsizing, toppling or collision of transport equipment within the establishment; (ix) fall from height of any excavation, loading or transport machinery;

(x) an instantaneous failure of a pillar, part of a pillar or several pillars of coal (i.e., a ‗bump‘) in working below ground;

(xi) a rock-burst in working belowground; a premature collapse of any part of the working;

(xii) a breakage, fracture or failure of an essential part of any machine or apparatus whereby the safety of persons may be endangered;

(xiii) a slide causing injury to any person, damage to any machinery, or interruption of normal mining operations;

(xiv) failure of dump or side in opencast working; a blowout;

(xv) a failure of any structure or installation whereby the safety of persons may be endangered; or spark generated due to electrical flash-over causing burn injury to any person;

(xvi) a major uncontrolled emission of petroleum or chemical spillage;

9. Notice of disease under sub-section (1) and (2) of Section 12.- (1) A notice in the following format shall be sent forthwith electronically, to the Inspector-Cum Facilitator or Chief Inspector-cum-facilitator, by the employer or occupier or manager of an establishment in which there occurs any disease as notified under the Third Schedule of the Code.

NOTICE OF DISEASE

(1) Name of establishment:

(2) Nature of establishment:

(3) In case of Mines the Name of the Mineral:

(4) Details of Patient:

(a) Name of Patient:

(b) Works number of Patient:

(c) Address of Patient:

(d) Precise occupation of patient:

(5) Nature of disease from which patient is suffering:

(6) Date of Detection of Disease:

(7) Details of Medical Practitioner:

(8) Has the case been reported to the Medical Officer :

Signature of employer or occupier or manager

Date:

(2) If any qualified medical practitioner attends on a person who is or has been employed in an establishment and who is or is believed by the qualified medical practitioner to be suffering from any disease specified in the Third Schedule, the qualified medical practitioner shall without delay send a report in writing to the office of the Chief Inspector-cum facilitator stating-

(a) the name and full postal address of the patient,

(b) the disease from which he believes the patient to be suffering, and

(c) the name and address of the establishment in which the patient is or was last employed.

10. Duties of employee under clause (d) and (g) of Section 13.- If an employee comes to know that of any unsafe or unhealthy condition in the establishment, he shall report to the employer, health and safety representative or safety officer or agent or manager in case of mine, as soon as practicable, electronically or in writing or telephonically.

11. Rights of Employee under sub-section (3) of Section 14.- On receipt of information from the employee relating to the existence of an imminent danger to their safety and health, the employer shall take immediate remedial action in this regard. The employer, whether satisfied or not, shall send a report forthwith of such actions taken, to the Inspector-cum-facilitator electronically or by registered post or speed post.

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 75

Chapter-IV

Occupational Safety and Health

12. National Occupational Safety and Health Advisory Board under sub-sections (3), (4) and (5) of Section 16.-

(1) the members of the National Board as specified in Section 16(2)(g), (j), (k), (l), (m) and (n) shall be nominated and approved by the Central Government.

(2) The National Board may meet as often as necessary to discharge the functions as specified in Section 16(1) of the Code.

13. Resignation.- (1) A member of the National Board, not being an ex-officio member, may resign his office by a letter in writing addressed to the Chairperson of the National Board.

(2) The seat of such a member shall fall vacant from the date on which his resignation is accepted by the Central Government, or on the expiry of thirty days from the date of receipt of the letter of resignation by the Central Government whichever is earlier.

14. Cessation of membership.-If any member of the National Board, not being an ex-officio member, fails to attend three consecutive meetings of the National Board, without obtaining the leave sanctioned by the Chairperson of such National Board for such absence, he shall cease to be a member of National Board:

Provided that the Central Government may, if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings, direct that such cessation shall not take place and on such direction being made, such member shall continue to be a member of National Board.

15. Disqualification for membership.-A person shall be disqualified for being a member of the National Board— (i) if he is of unsound mind and stands so declared by a competent authority;

(ii) if he is an un-discharged insolvent; or

(iii) if he has been convicted for an offence, having a penalty of imprisonment of three months or more;

16. Removal from membership.-The Central Government may remove any member of the National Board, if in its opinion such member has ceased to represent the interest which he purports to represent on such National Board:

Provided that no such member shall be removed unless a reasonable opportunity is given to him of making a representation against the proposed action under this rule.

17. Travelling Allowance for members.- (i) the travelling allowance of an official member shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary.

(ii) the non-official members of the National Board shall be paid travelling allowance for attending the meeting of the National Board at such places as per the instructions issued by Department of Expenditure, Ministry of Finance, Government of India from time to time.

18. Collection of statistics and portal for inter-State migrant workers under sub-sections (1) and (2) of Section 21.-The employer shall submit the details of occupational safety and health statistics electronically on web portal designated for the purpose.

19. Safety Committee and Safety officers under Section 22.-(1) Every establishment employing 500 or more workers except for the establishment prescribed under sub-section (1) of Section 22 shall constitute a safety committee consisting of representatives of employers and workers.

(2) The tenure of the safety committee shall be for three years. The safety committee shall meet atleast once in every quarter. In case of mines, the safety committee shall meet atleast once in a month.

(3) The representative of the workers shall be chosen by the registered trade Union. In case where there is no registered trade union the members may be chosen by the workers of the establishment.

Provided that there shall be adequate representation of the women workers in the committee. (4) Safety Committee shall have the right to be adequately and suitably informed of –

(a) potential safety and health hazards to which the workers may be exposed at workplace;

(b) data on accidents as well as data resulting from surveillance of the working environment and of the health of employees, conducted at such establishments.

(5) The owner, employer, occupier, agent or manager shall, within a period of 15 days from the date of receipt of the recommendations of the Safety Committee shall take action to implement the recommendations.

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20. Composition of Safety Committee.- (1) The representatives of the management on Safety Committee, except in mine , shall consist of –

(a) A senior official, who by his position in the organisation can contribute effectively to the functioning of the Committee, shall be the Chairman;

(b) A Safety Officer and Medical Officer wherever available and the Safety Officer in such a case shall be the Secretary of the Committee ; and

(c) A representative each from the production, maintenance and purchase departments.

(2) The workers‘ representatives on the Safety Committee referred to in sub-rule (1) shall be chosen by the workers. (3) The minutes of the meeting of the Safety Committee referred to in sub-rule (1) shall be recorded. (4) Safety Committee shall have the right to be adequately and suitably informed of –

(a) potential safety and health hazards to which the workers may be exposed at workplace;

(b) data on accidents as well as data resulting from surveillance of the working environment and of the health of workers exposed to hazardous substances.

(5) Function and duties of the Safety Committee referred to in sub-rule (1) shall include –

(a) assisting and cooperating with the management in achieving the aims and objectives outlined in the ‗Safety and Health Policy‘;

(b) dealing with all matters concerning health, safety and environment and to arrive at practicable solutions to problems encountered;

(c) creating safety awareness amongst all workers;

(d) undertaking educational, training and promotional activities;

(e) discussing reports on safety, environmental and occupational health surveys, safety audits, risk assessment, emergency and disaster management plans and implementation of the recommendations made in the reports;

(f) looking into the matters likely to cause danger to the safety and health of the workers and suggest corrective measures; and

(g) reviewing the implementation of the recommendations made by it.

21. Composition of Safety Committee in case of mines.- (a) the manager referred to in section 67 of the Code shall be the Chairman;

(b) five officials or competent persons of the mine nominated by the Chairman;

(c)five workers, including proportionate number of contractor‘s employee, engaged in mining operation, nominated by the employees of the mine.

(d) Worker‘s representative where so designated, one each from mining, electrical and mechanical discipline;

(e)the safety officer, or where there is no safety officer, the senior most mine official next to the manager, who shall act as Secretary to the Committee; and

(f) qualified medical practitioner of the mine.

22. Functions of Safety Committee.— The functions of the Committee shall be-

(a) to discuss remedial measures against the unsafe conditions and practices in the mine as pointed out in the reports of worker‘s representative brought to the notice of the Committee and make appropriate recommendations;

(b) to consider, before commencement of operations in any, new area of the mine or installations of oil mine or commissioning of new electrical or mechanical installation or introduction of new mining technique, the proposed Safety and health measures including related codes of practice and to make appropriate recommendations;

(c) to discuss the report of inquiry into accident, dangerous occurrences etc., and make appropriate recommendations;

(d) to formulate and implement appropriate Safety campaign based on analysis of accidents and dangerous occurrences;

(e) to serve as a forum for communication on Safety and occupational health matters; and

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(f) to discuss the standard operating procedures (SOP) prepared for different plant, equipment, installations and methods at the mine and make appropriate recommendations.

23. Recommendations of the Safety Committee.- (i) to assist the manager in any other matter relating to safety in the mine.

(ii) The safety officer shall ensure that an appropriate emergency plan as required under these regulations is put in place and the requirements of the same are implemented.

(iii) Except in an emergency, no duties other than those specified above shall be assigned to the Safety officer. (iv) The safety officer shall maintain in a bound paged book a detailed record of the work performed by him.

24. Safety Officer for Dock Works and Building or Other Construction Works.- (1) A person shall not be eligible for appointment as a safety officer relating to dock work or building or other construction work unless he possesses – (i) a recognised degree in any branch of engineering or technology and has had practical experience in a supervisory capacity for a period of not less than 2 years; or

(ii) a recognised degree in physics or chemistry and has had practical experience in a supervisory capacity for a period of not less than 5 years; or

(ii) a recognised diploma in any branch of engineering or technology and has had practical experience in a supervisory capacity for a period of not less than 5 years;

(iii)possesses a degree or diploma in industrial safety recognised by the State Government in this behalf; and

(2) Notwithstanding anything contained in sub-rule (1), any person who - (i) possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5years in a department of the Central or State Government which deals with the administration of the Factories, Building or other Construction works and Dock works or

(ii) possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5years, full time, on training, education, consultancy, or research in the field of accident prevention in industry or in any institution;

shall also be eligible for appointment as a safety officers :

25. Duties of Safety Officers in case of Dock Works. -The duties of a Safety Officer shall be to advise and assist in the fulfillment of its obligations, statutory, concerning prevention of personal injuries and maintaining a safe working environment and such duties shall include the following, namely. - (i) to advise the concerned departments in planning and organising measures necessary for the effective control of personal injuries;

(ii) to advise on safety aspects in all job studies, and to carry out detailed job safety studies of selected jobs; (iii) to check and evaluate the effectiveness of the action taken or proposed to be taken to prevent personal injuries; (iv) to provide advice on matters related to carrying out plant safety inspections;

(v) to carry out plant safety inspections in order to observe the physical conditions of work and the work practices and procedures followed by workers and to render advice on measures to be adopted for removing the unsafe physical conditions and preventing unsafe actions by workers;

(vi) to render advice on matters related to reporting and investigation of industrial accidents and diseases; (vii)to investigate selected accidents;

(viii) to investigate the cases of notifiable diseases listed in the Third Schedule to the Code;

(ix) to organise in association with the concerned departments, campaigns, competitions, contests and other activities which will develop and maintain the interest of the workers in establishing and maintaining safe conditions of work and procedures; and

(x) to design and conduct either independently or in collaboration with the training department, suitable training and educational programme for the prevention of personal injuries.

26. Safety officer in case of mines.— At every mine, wherein 100 or more persons are ordinarily employed, Safety Officer(s) shall be appointed on a scale of one up to a total manpower of 500 and additional one for every additional 500 manpower or part thereof, who shall hold following qualifications namely :-

(a) in case of coal mine.-

(i) For belowground Mines, Person holding First Class Manager‘s Certificate of Competency (Coal), granted by Directorate General of Mines Safety;

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(ii) For Opencast Mines, Person holding First Class Manager‘s Certificate of Competency (Coal) or First Class Manager‘s Certificate of Competency(coal) restricted to mines having opencast workings only, granted by Directorate General of Mines Safety.

(b) In case of Metalliferous Mines

(i) For belowground Mines, person holding Manager‘s Certificate of Competency (Metal), granted by Directorate General of Mines Safety,

(ii) For Opencast Mines, person holding Manager‘s Certificate of Competency (Metal) or Manager‘s Certificate of Competency (Metal) restricted to mines having opencast workings only, granted by Directorate General of Mines Safety.

(c) For oil mines, a degree in engineering or in industrial safety of an educational institution recognised by the Central Government or post-graduate diploma in industrial safety from Central Labour Institute or Regional Labour Institutes and having experience in the management or supervision of operations in oil mines for a period of not less than five years.

27. Duties of safety officer in case of mines.—(1) The duties of the safety officer in case of mines shall be-

(a) to visit surface, aboveground, underground parts of mine, installations of oil mine, with a view to meet the employees on the spot, to talk to them on matters of safety and invite suggestions thereon;

(b) to take charge of the newly recruited staff and show them around the mine pointing out the safe and unsafe acts during the course of their work in the mine;

(c) to investigate all types of accidents and incidents in the mine including minor accidents and analyze the same with a view to pinpoint the nature and common causes of accidents in the mine;

(d) to maintain detailed statistics about mine accidents and to analyze the same with a view to pinpoint the nature and common causes of the accidents in the mine;

(e) to study and apprise the manager referred to in section 67 of the Code, of all possible sources of danger such as inundation, fire, coal dust, blowout in oil mines and others;

(f) to hold safety classes and give safety talks and lectures to the members of the supervisory staff; (g) to organize safety weeks and other safety education and propaganda programme in mine;

(h) to see that all concerned mine employees are fully conversant with various standing orders, codes of practices, support plan, etc;

(i) to provide assistance in the formulation of programme for training at the mine level, including vocational training, training in gas testing, fire fighting and first aid, etc;

(j) to report to the manager referred to in section 67 of the Code as a result of his visits to the various parts of mine, as to whether the provisions of the code, and the rules and regulations made there under are being complied with in the mine;

(k) to promote safe practices generally and to lend active support to all measures intended for furthering the cause of safety in the mine and follow up measures for compliance.

Chapter-V

Hours of Work and Annual Leave with Wages

28. Daily and weekly working hours under clause (b) of sub-section (1) of Section 25.- (1) No worker shall be required or allowed to work in an establishment for more than forty eight hours in any week.

(2) the period of work of a worker shall be so arranged that inclusive of his intervals for rest, shall not spread over for more than twelve hours in a day.

(3) the period of works of workers shall not exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of atleast half an hour.

(4) the working hours in a day may be modified subject to sub-rules (1), (2) and (3), so that the total number of working hours in a week shall be so fixed and followed.

29. Interruption period allowed in running time under Explanation (a) of sub-section (1) of Section 25.- A maximum of fifteen minutes interruption shall be allowed any time during which the running of the transport vehicle is interrupted.

30. Working hours of working journalist under sub-section (2) of Section 25.–(1) The provisions under this rule shall apply to working journalist but not apply to editors, or to correspondents, reporters or news photographers.

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(2) Notwithstanding anything contained in sub-rule (1) the following provisions shall apply to every correspondent, reporter or news photographer stationed at the place at which the newspaper establishment (in relation to which any such person is employed) is situated, namely:

(a) Subject to such agreement as may be arrived at either collectively or individually between the parties concerned, every such correspondent, reporter or news photographer shall, once he enters upon duty on any day, be deemed to be on duty throughout that day till he finishes all the work assigned to him during that day:

Provided that if such correspondent, reporter or news photographer has had at his disposal for rest any interval or intervals for a total period of two hours or less between any two or more assignments of work, he shall not be deemed to be on duty during such period:

Provided further that where the total period of such interval or intervals exceeds two hours, he shall be deemed to be on duty during the period which is in excess of the said period of two hours.

(b) Any period of working in excess of thirty-six hours during any week, which shall be considered as a unit of work for the purposes of this sub-rule, shall be compensated by rest during the succeeding week and shall be given in one or more spells of not less than three hours each:

Provided that where the aggregate of the excess hours worked falls short of three hours, the duration of rest shall be limited only to such excess.

31. Normal working day for working journalist. - The number of hours which shall constitute a normal working day for a working journalist exclusive of the time for meals shall exceed six hours per day in the case of a day shift and five and a half hours per day in the case of a night shift and no working journalist shall ordinarily be required or allowed to work for longer than the number of hours constituting a normal working day.

32. Interval for rest for working journalist. -Subject to such agreement as may be arrived at between a newspaper establishment and working journalists employed in that establishment, the periods of work for working journalist shall be so fixed that no working journalist shall work for more than four hours in the case of a day shift and three hours in the case of a night shift before he had an interval of rest, in the case of the day shift for one hour, and in the case of the night shift for half an hour.

33. Compensation for overtime work. -When a working journalist work for more than six hours on any day in the case of a day shift and more than five and a half-hours in the case of a night shift, he shall, in respect of that overtime work, be compensated in the form of hours of rest equal in number to the hours for which he has worked overtime.

34. Conditions governing night shifts. -No working journalist shall be employed on a night shift continuously for more than one week at a time or for more than one week in any period of fourteen days.

35. Interval preceding change of shift. -In the case of change of shift from night to day shift or vice versa, there shall be an interval of not less than twenty-four consecutive hours between the two shifts and in the case of a change from one day shift to another day shift or from one night shift to another night shift there shall be interval of not less than twelve consecutive hours.

Provided that no such interval may be allowed if such interval either coincides with or falls within, the interval enjoyed by a working journalist under sub-section (2) of Section 25 of the Code.

36. Number of holidays in a year for sales promotion employee or working journalist.-A working journalist or Sales promotion employee shall be entitled to ten holidays in a calendar year.

37. Compensatory holidays for sales promotion employee or working journalist. -If a working journalist or Sales promotion employee is required to attend on a holiday, a compensatory holiday shall be given to him, within thirty days immediately following the holiday, on a day mutually agreed upon by him and his employer.

38. Wages for holidays. - A working journalist or Sales promotion employee shall be entitled to wages on all holidays as if he was on duty.

39. Wages for weekly day of rest. -

A working journalist and Sales promotion shall be entitled to wages for the weekly day of rest as if he was on duty.

40. Competent officers. -Every newspaper establishment may designate one or more officers in that establishment as competent officers for the purposes of rules under this Chapter.

41. Procedure for availing leave by working journalist or sales promotion employee .- (1)A working journalist or sales promotion employee who desire to obtain leave shall apply in writing to the competent officer of the establishment.

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(2) Application for leave under sub-rule (1), other than casual leave, leave on medical certificate and quarantine leave, shall be made not less than one month before the date of commencement of leave, except in urgent or unforeseen circumstances.

(3) If leave is refused or postponed, the competent officer of the establishment shall record the reasons for such refusal or postponement, as the case may be, and send a copy of the order to the working journalist or sales promotion employee as the case may be.

(4) Holidays, other than weekly days of rest, shall not be prefixed or suffixed to any leave without the prior sanction of the competent officer of the establishment.

(5) A holiday including a weekly rest day, intervening during any leave granted under these rules, shall form part of the period of leave.

42. Recall a working journalist or sales promotion employee before expiry of leave. -(1) A newspaper establishment may recall a working journalist or sales promotion employee on leave, if that establishment considers it necessary to do so. In the event of such recall, such working journalist or sales promotion employee shall be entitled to traveling allowance, if at the time of recall he is spending his leave at a place other than his headquarters.

(2) The traveling allowance, which shall be paid to a working journalist under sub rule(1) shall be determined in accordance with the rules of the establishment governing traveling allowance for journeys undertaken by the working journalists or sales promotion employee in the course of their duties.

43. Production of medical certificate of fitness before resumption of duty. -A working journalist or sales promotion employee who has availed himself of leave for reasons of health may, before he resumes duty, be required by his employer to produce a medical certificate of fitness from the qualified medical practitioner or medical officer who issued the medical certificate.

44. Designation of Medical Officer. -Every establishment employing working journalist or sales promotion employee may designate one or more qualified medical practitioners in conformance with Section 42 of the Code.

45. Earned leave. -(1) A working journalist or sales promotion employee shall be entitled to earned leave on full wages for a period not less than one month for every eleven months spent on duty.

Provided that he shall cease to earn further such leave when the earned leave due amounts to ninety days. (2) The period spent on duty shall include the weekly days of rest, holidays, casual leave and quarantine leave.

46. Wages during earned leave. - A working journalist or sales promotion employee on earned leave shall draw wages equal to his average monthly wages earned during the period of twelve complete months spent on duty, or if the period is less than twelve complete months, during the entire such period, immediately preceding the month in which the leave commences.

47. Cash compensation for earned leave not availed of.-(1) When a working journalist or sales promotion employee voluntarily relinquishes his post or retires from service on reaching the age of superannuation, he shall be entitled to cash compensation for earned leave not availed of up to a maximum of thirty days :

Provided that a working journalist or sales promotion employee who has been refused earned leave due to him shall be entitled to get cash compensation for the earned leave so refused:

Provided further that in the case of a working journalist who dies while in service and who has not availed himself of the earned leave due to him immediately preceding the date of his death, his heirs shall be entitled to cash compensation for the leave not so availed of.

(2) When a working journalist‘s or sales promotion employee‘s services are terminated for any reason whatsoever, other than as punishment inflicted by way of disciplinary action, he shall be entitled to cash compensation for earned leave not availed of up to a maximum of ninety days.

(3) Such cash compensation shall not be less than the amount of wages due to a working journalist or sales promotion employee for the period of leave not availed of, the relevant wage being that which would have been payable to him had he actually proceeded on leave on the day immediately preceding the occurrence of any of the events specified in sub-rule (1) or (2), as the case may be.

48. Leave on medical certificate. -

(1) A working journalist or sales promotion employee shall be entitled to leave on medical certificate on one-half of the wages at the rate of not less than one month for every eighteen months of service:

Provided that he shall cease to earn such leave when the leave on medical certificate amounts to ninety days.

(2) Such medical certificate shall be from a medical officer:

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Provided that when a working journalist has proceeded to a place other than his headquarters with the permission of his employer and falls ill, he may produce a medical certificate from any registered medical officer:

Provided further that the employer may, when the qualified medical practitioner is not in the service of the Government, arrange at his own expense, the medical examination of the working journalist or sales promotion employee concerned by any Medical Officer.

(3) Leave on medical certificate may be taken in continuation with earned leave provided that the total of duration earned leave and leave on medical certificate taken together shall not exceed a hundred and twenty days at any one time.

(4) A working journalist or sales promotion employee shall be entitled at his option to convert leave on medical certificate on one-half of the wages to half the amount of leave of full wages.

(5) The ceiling laid down in the provision to sub-rule (1) and sub-rule (3) on the accumulation and total duration of leave may be relaxed by the competent officer in the cases of working journalists or sales promotion employees suffering from lingering illness such as tuberculosis.

(6) Leave on medical certificate or converted leave on medical certificate referred to in sub-rules (1) and (4) may be granted to a working journalist at his request notwithstanding that earned leave is due to him.

49. Quarantine leave. -Quarantine leave on full wage shall be granted by the newspaper establishment on the certificate of the authorized medical practitioner designated as such under Section 42, for a period not exceeding twenty-one days or, in exceptional circumstances, thirty-days. Any leave necessary for quarantine purposes in excess of that period shall be adjusted against any other leave that may be due to the working journalist or sales promotion employee.

50. Extraordinary leave.-A working journalist or sales promotion employee who has no leave to his credit may be granted extraordinary leave without wages at the discretion of the newspaper establishment in which such working journalist or sales promotion employee is employed.

51. Leave not due.-A working journalist or sales promotion employee who has no leave to his credit may be granted at the discretion of the newspaper establishment in which such working journalist is employed.

52. Study leave. -A working journalist or sales promotion employee may be granted study leave with or without wages at the discretion of the newspaper establishment in which such working journalist or sales promotion employee is employed.

53. Casual leave. -(1) A working journalist or sales promotion employee shall be eligible for casual leave at the discretion of the newspaper establishment for fifteen days in a calendar year:

Provided that no more than five day‘s casual leave shall be taken at any one time and such leave shall not be combined with any other leave.

(2) Casual leave not availed of during a calendar year will not be carried forward to the following year. 54. Weekly day of rest under sub-section (2) of Section 26.

(1) For the purpose of section 26, there shall be posted up in a conspicuous place outside the office of every establishment a notice showing the weekly day of rest. Where the weekly day of rest is not the same day for all persons employed in the establishment, the notice shall show the day of rest allowed to each relay, or set of persons or individual.

55. Compensatory holidays.-(1) Except in the case of worker engaged in any work which for technical reasons must be carried on continuously throughout the day, the compensatory holidays to be allowed under sub-section (3) of section 26 of the Code shall be so spaced that not more than two compensatory holidays are given in one week.

(2) The manager of the establishment shall display, on or before the end of the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the following month and of the dates thereof, at the place at which the notice of periods of works prescribed under section 26 is displayed. Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday.

(3) Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal.

56. Extra Wages for overtime under Section 27.-(1) In pursuance of Section 27 of Code, where in an establishment a worker works for more than eight hours in any day or for more than forty-eight hours in any week, as the case may be, he shall in respect of such overtime work be entitled to wages at the rate of twice his ordinary rate of wages and shall be paid at the end of each wage period.

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(2) In calculating overtime on any day, a fraction of an hour between 15 to 30 minutes shall be counted as 30 minutes and in case of more than 30 minutes it shall be rounded and shall be counted as an hour on actual basis.

(3) In calculating the wages or earnings in the case of a worker paid by the month, the daily wages shall be 1/26th of his monthly wages; and in the case of any other worker it shall be the daily wages or earnings as the case may be.

(4) the spread over for the workers shall exceed twelve hours in any one day under the following works and circumstances in factories, dock works, mines and building or other construction, namely;

(a) urgent repairs;

(b) work in the nature of preparatory or complimentary work;

(c) work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest;

(d) work which for technical reasons must be carried on continuously;

(e) engaged in making or supplying articles of prime necessity which must be made or supplied every day, (f) engaged in a process which cannot be carried on except during fixed seasons;

(g) engaged in a process which cannot be carried on except at times dependent on the irregular action of natural forces;

(h) engaged in an engine-rooms or boiler-houses or in attending to power-plant or transmission machinery; (i) engaged in process on account of the break-down of machinery;

(j) engaged in the loading or unloading of railway wagons or lorries or trucks;

(k) exceptional press of work and

(l) engaged in any work, which is notified by the Central Government in the Official Gazette as a work of national importance;

Provided that no worker shall be allowed to work overtime exceeding one hundred twenty five hours in any quarter of a year.

Chapter-VI

Maintenance of Registers, Records and Returns:

57. Notice of periods of work under sub-section (2) of Section 31.- (1)The notice referred to in sub-section (2) of section 31 shall be displayed at conspicuous places on a notice board or electronic board and maintained in Form-VII and copy of such notice shall be sent to Inspector-cum-facilitator electronically or by registered post.

58. Maintenance and production of reports, registers and other records under Section 33.- Every employer shall-

(a) maintain register of workers, wages, overtime, fine, deduction for damage or loss in Form-VIII electronically and shall be kept available at an office or the nearest convenient building within the precincts of the establishment;

(b) in case of manual registers and other records, be legibly entered in ink in English and Hindi or the language understood by a majority of the persons employed;

(c) be preserved in original for a period of one calendar year after the date of the last report or entry;

Provided that when the original record is lost or destroyed before the expiry of one year period, true copies thereof, if available, shall be preserved for the prescribed period;

(d) be produced, electronically or by registered post, on demand before the Chief Inspector-cum-facilitator or an Inspector-cum-facilitator or any person authorized in that behalf of the Central Government.

59. Display of notice board.-Every employer shall cause to display at the conspicuous place of the workplace of the establishment under his control, notice showing the name and address of the establishment, hours of work, wage period, date of payment of such wages, details of accident and dangerous occurrence in the establishment for the last five years, name and address of the Inspector-cum-facilitator having jurisdiction to such establishment and date of payment of unpaid wages to such workers in English, Hindi and in the Local Language understood by the majority of the workers.

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60. Return.- Every employer of an establishment shall send annually a return relating to such establishment in duplicate in Form-IX to the Inspector-cum-facilitator having jurisdiction so as to reach him not later than 1st February following the end of each calendar year with a copy to Director General, Labour Bureau electronically.

61. Register of accident and dangerous occurrences.— The registers of accident and dangerous occurrences required by sub-clause (v) of clause (a) of section 33 of the Code shall be maintained in a Form-X.

62. Register of leave with wages under clause (a) of section 33.-

(1) The owner, agent or manager of every establishment shall maintain in respect of every employee thereof a record of leave with wages electronically or manually in Form-XI.

(2) The register mentioned in sub- rule (1) shall be preserved for a period of two years after the last entry in them has been made and shall not be destroyed even after the expiry of that period unless it has been properly transferred to the new register.

Chapter-VII

Inspector-cum-facilitator and Other Authority

63. Power to take samples of any articles or substances under clause (x) of sub-section (1) of section 35.-

(1) An Inspector-cum-facilitator shall take samples or substances in an establishment as per the inspection scheme mandated under the Shram Suvidha Portal of the Ministry of Labour and Employment after informing the employer of the establishment, taken in the manner hereinafter provided a sufficient sample of any substance used or intended to be used in the establishment, such use being–

(a) in the belief of the Inspector-cum-Facilitator in contravention of any of the provisions of this code or the rules made thereunder, or

(b) in the opinion of the Inspector-cum-Facilitator likely to cause bodily injury to, or injury to the health of employee in the establishment.

(2) Where the Inspector-cum-facilitator takes a sample under sub-rule (1), he shall, in the presence of the person informed under that sub-section unless such person willfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto.

(3) The person informed as aforesaid shall, if the Inspector-cum-facilitator so requires, provide the appliance for dividing, sealing and marking the sample taken under this section.

(4) The Inspector-cum-facilitator shall-

(a) forthwith give one portion of the sample to the person informed under sub-rule (1);

(b) forthwith send the second portion to a Government Analyst or National Accreditation Board for Testing and Calibration Laboratories (NABL) for analysis and report thereon;

(c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance.

(5) Any document purporting to be a report under the hand of any Government Analyst or NABL accredited laboratory upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceeding instituted in respect of the substance.

64. Powers and duties of Inspector-cum-facilitator under clause (xiv) of sub-section (1) of Section 35.-

(1) Inspector-cum-Facilitator shall, after every inspection, as may be deemed necessary, issue prohibition or improvement notice in the Form-XII pointing out the non-compliance of provisions of safety, health and working conditions under the Code, and rules and regulations framed thereunder, to the employer or occupier or owner or master or officer-in-charge of the ship or their agent.

(2) An Inspector-cum-Facilitator shall, at each inspection, ascertain to what extent any shortcomings notified at a previous inspection have been rectified and the notices previously issued have been complied with. His findings and any shortcomings which may come to light during the inspection, together with any order passed by him under the Code or the regulations made thereunder shall be recorded and maintained.

65. Appointment of Medical officer under sub-section (1) of Section 42.-The Medical Officer shall be a medical practitioner who possesses any recognised medical qualification as defined in the National Medical Commission Act, 2019(30 OF 2019) and who is enrolled on a Indian Medical Register as defined in clause (e) and on a State Medical Register as defined in clause (l) of section 35, 36, 37 and 40 of the Act.

66. Duties of Medical Officer under sub-section (2) of Section 42.-(1) On receipt of a reference under clause (c) sub section (2) of section 42 of the code, the Medical Officer shall, after giving prior notice regarding date, time and place

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for medical examination and upon examining the person sent for such examination, prepare the age and fitness certificate and deliver the same to the manager of the establishment concerned after retaining a copy thereof.

(2) The medical officer may seek opinion of specialists like radiologist, dentist and orthopaedic surgeon as the case may be, for the purpose of determination of age.

(3) Medical Officer shall carry out such examination and furnish such report as central government may direct:

(a) for examination and certification of workers in an establishment in such dangerous occupation or processes as specified in First Schedule to the Code;

(b) for medical supervision of any establishment or class of establishment where cases of chronic occupational illness have occurred due to arduous nature of any process carried on or hazardous condition of work;

(c) in respect of any establishment or class of establishment or description of establishment in which operations involve any risk of injury to the health of any person or class of persons employed therein;

(d) to undertake occupational health survey for any or class of an establishment, where cases of illness have occurred or there is prevalence of diseases as prescribed in Third Schedule of the code.

(e) to assess the age and issue fitness of adolescent for employment in an establishment or class of establishment.

67.Employment of Women in establishment under Section 43.- (1) The following conditions shall be met for employment of women during night or before 6.00 a.m. and beyond 7.00 p.m in any day, namely:-

(a) the consent of women employ shall be taken;

(b) No women shall be employed against the maternity benefit provisions laid down under the Social Security Code, 2020 (36 f 2020);

(c) adequate transportation facilities shall be provided to women employee to pick-up and drop such employee at her residence;

(d) the workplace including passage towards conveniences or facilities concerning toilet, washrooms, drinking water, entry and exit of women employee should be well-lit;

(e) the toilet, washroom and drinking facilities should be near the workplace where such women employee are employed; and

(f) Provide safe, secure and healthy working condition such that no women employee is disadvantaged in connection with her employment.

(g) in case of below ground mine not less than 3 women employees shall be on duty at any place.

(h) The provisions of the Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013), as applicable to the establishments, shall be complied with.

68. Adequate Safety of employment of women in dangerous operations under Section 44.-The central government may declare by notification the class of establishments and the scheme, and standards for safeguarding of women in hazardous and dangerous processes.

Chapter-VIII

Contract Labour

69. Qualification and Criteria of the Contractor under sub-section (1) of Section 47.-For the purposes of obtaining license, the contractor as an entity or as an individual should not be an un-discharged insolvent or convicted any time during the last two years of an offence which is criminal in nature involving offences which are liable for punishment for more than three months of imprisonment.

70. Conditions of License under sub-section (3) of section 47.- (1).The contractor shall ensure that:

(a) the hours of work shall conform to the rules made under Section 25 of the Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020).

(b) the wages shall be paid in accordance with the Code on Wages, 2019 (29 of 2020).

(c) if the contract worker of the contractor is working at the premises of the principal employer then it shall be the responsibility of the principal employer to provide the facilities or amenities such as toilet, washroom, drinking water, bathing facilities if required, changing room, first aid box, Canteen and Crèche and

(d) all other facilities and entitlements shall be provided by the contractor.

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(e) in case the contractor fails to make payment of minimum wages to the contract worker, then the Chief Labour Commissioner (Central) or his representative, who shall cause such payment to be made to the contract workers who have not been paid out of the security deposit maintained under rule 76 including by invoking the bank guarantee; and

(f) he shall intimate within fifteen days of the receipt of a contract work order about the details the contract work order and in the manner as under rule 78.

71. Form and manner of application for contractor license under of sub-section (1) of Section 48.-Every application by a contractor for the grant of a license shall be made on-line electronically through Shram Suvidha Portal of the Ministry of Labour and Employment in Form-XIII to the licensing authority.

72. Single Licence for Contractor in more than one States or for whole of India under -(1) If a contractor desirous of obtaining licence for:-

(i) supplying or engaging contract labour or

(ii) undertaking or executing the contract works under sub-section (1) or sub-section (2) of section 47 in more than one States or for the whole of India, then he shall apply electronically on the Shram Suvidha portal of Ministry of Labour and Employment in Form-XIII to the licensing authority as notified by the central government :-

(2) Application for single licence shall be submitted electronically to the authority notified in this behalf under sub section (1) of section 119 of this code.

(3) The concerned State government shall be consulted electronically. If no response is received within thirty days from the date of issue of such communication the consultation process is deemed to have been complied with.

(4) License issued under this rule shall be valid for five years.

(5) Copy or copies of the licence so issued shall be sent to the State Government in whose jurisdiction, the contract work or works for which licence is issued, falls.

73. Forms, terms and conditions of license.- (1) Every license granted shall be in Form-XIV. (2) Every license granted or renewed is subject to the following conditions, namely:—

(i) the license shall be non-transferable;

(ii) the number of workers employed as contract labour by the contractor shall not, on any day, exceed the maximum number specified in the license;

(iii) save as provided in these rules, the fees paid for the grant, or as the case may be, for renewal of the license shall be non-refundable;

(iv) the rates of wages payable to the workers by the contractor shall not be less than the rates prescribed under the Code on Wages, 2019 and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed.

74. Procedure for issue of license under sub-section (2) of section 48.- (1) Before a license is issued under any rule of these rules, bank guarantee for an amount calculated at the rate of Rupees 1000 for each of the worker to be employed as contract labour, in respect of which the application for license has been made, shall be deposited by the contractor for performance of the conditions of the license and compliance with the provisions of the Code or the rules made thereunder.

(2) Wherein the issued contract license had expired, based on the request of the applicant in Form, the licensing officer may adjust the security deposit in respect of his application for new license.

(3) The fees to be paid for the grant of a license shall be as specified in the table below, namely;

(a)

No license is required up to 49 contract labour

Nil.

(b)

50 but does not exceed 100 contract labour

Rs. 1000

(c)

101 but does not exceed 300 contract labour

Rs. 2000

(d)

301 but does not exceed 500 contract labour

Rs. 3000

(e)

501 but not exceeding 1000 contract labour

Rs. 5000

(f)

1001 but not exceeding 5000 contract labour

Rs. 10000

(g)

5001 but not exceeding 10000 contract labour

Rs 20000

(h)

10001 but not exceeding 20000 contract labour

Rs 30000

(i)

20001 and above contract labour

Rs.40000

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75. Renewal of license under Section 48.-(1) Every contractor shall apply electronically on the Shram Suvidha portal of the Ministry of Labour & Employment to the licensing authority for renewal of the license.

(2) Every such application shall be submitted on the said portal at least 30 days prior to expiry of license period but not before 90 days of such expiry of license.

(3) The security deposit and the fee chargeable for renewal of the license shall be the same as for the grant of license under rule 74.

Provided that if the application for renewal is not received within the time specified in sub-rule (2), an additional fee of twenty five per cent, shall be payable for such renewal.

(4) It shall be the responsibility of the authority concerned to renew license within 30 days.

76. Refund of security deposit .-(1) On expiry of the period of license the contractor may, if he does not intend to have his license renewed further, make an application electronically to the licensing authority for the refund of the security deposited by him( in form of bank guarantee) along with copy of licence and notice of completion of work and bank details in which amount is required to be refunded.

(2) If the Licensing authority is satisfied that there is no breach of the conditions of license or there is no order for the forfeiture of security deposit or any portion thereof, he shall direct the refund of the security deposit to the applicant.

(3) If there is any order directing the forfeiture of any portion of contractor‘s security deposit, the amount to be forfeited shall be deducted from the security deposit, and balance, if any, shall be refunded to the contractor.

(4) Any application for refund shall, as far as possible, be disposed of within 30days of the receipt of the application.

77. Responsibility of contractor under sub-section (4) of Section 48.- (1) The rates of wages payable to the workers by the contractor shall not be less than the rates prescribed under the Code on Wages, 2019 (….of 2019) and where the rates have been fixed by agreement, settlement or award, not less than the rates fixed.

(2) In case where the worker employed by the contractor perform the same or similar kind of work as the worker directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the workers of the contractor shall be the same as applicable to the workers directly employed by the principal employer of the establishment on the same or similar kind of work. In case of any dispute whether the work is of similar kind, the matter be referred to the Inspector-Cum Facilitator whose decision shall be final.

(3)In other cases the wage rates, holidays, hours of work and conditions of service of the workers of the contractor shall be such as specified under the Code and rules made thereunder.

(4)All contract labour shall be made member of EPFO and ESIC subject to applicability as under respective provisions of the Code on Social Security, 2020.

(5)The contractor shall notify any change in the number of workers or conditions of work to the Licensing Authority, electronically.

78. Intimation of work order and time limit for intimation under section 50.-(1) Every contractor shall within fifteen days of the receipt of a contract work order shall intimate about the contract work order containing the details such as the name of the principal employer, address of the premises where work is being undertaken, date of commencement of the contract work, the number of contract labour employed under that work order, duration of work orders.

(2) the details of work order shall be sent by the contractor or his authorized representative.

(3) The intimation shall be sent electronically on the Shram Suvidha portal or e-mail of the Chief Labour Commissioner or his representative as may be notified on the website of Chief Labour Commissioner (Central).

79. Revocation or suspension of license under section 51.-

(1) If the Licensing Authority is satisfied that the licence has been obtained by mis-representation or suppression of any material fact or if the contractor has failed to comply with the conditions subject to which licence was granted or the contractor has contravened any provision of the Part-I, Chapter-XI of the Code or rules made thereunder, the Licensing Authority shall issue a show cause notice of 15 days to the contractor electronically. On receipt of the reply if any, from the contractor within 15 days, the Licensing Authority shall examine the same and in case the licensing authority feels that the continuation of contract business by the contractor is going to lead to grave harm to the workers, he may pass a Speaking Order recording the reasons for revocation or suspension or otherwise and communicate to the contractor electronically. A copy of the Order shall be endorsed to the Chief Labour Commissioner (C), Labour Enforcement Officer (C) and concerned State Authorities.

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(2) If the contractor has complied with the said provisions of the code and rules made thereunder within the stipulated time period, the Licensing Authority shall revoke the suspension giving a Speaking Order or else the suspension may be continued.

(3) If the contractor fails to comply with the directions as in sub-rule (1), the Licensing Authority may forthwith pass an order of revocation of license, recording the reasons thereof and communicate to the contractor electronically. The copy of the order shall be endorsed electronically to Chief Labour Commissioner (C), Labour Enforcement Officer (C) and the concerned State Authority.

80. Appeal under sub-section (1) of section 52:The appellate authority under sub-section (1) of section 52 of the Code shall be Chief Labour Commissioner (Central).

81. Responsibility of Payment of wages under Section 55.- (1)The contractor shall fix the wage periods in respect of which wages shall be payable and no wage period shall exceed one month.

(1) The wages of every person employed as contract labour in an establishment or by a contractor shall be paid before the expiry of seventh day after the last day of the wage period in respect of which the wages are payable.

(3)The wages shall be disbursed through bank transfer or electronic mode only.

82. Making payment of wages from the security deposit amount under sub-section (4) of section 55 .-

If the contractor or principal employer does not pay the wages to the contract labour employed by him, the Chief Labour Commissioner (Central) or his representative or the competent officer as may be notified shall conduct or cause to conduct, an inquiry and after giving an opportunity to be heard to the contractor shall pass an order to make payment if any, of such wages from the amount deposited by the contractor as security deposit. The contractor shall re-furnish the security deposit within a period of fifteen days or else his license will be liable to be suspended.

83. Experience Certificate under section 56.- Every concerned contractor shall issue on demand, experience certificate in Form-XV to the contract labour giving details of the period, work performed, experience gained in various fields performed by such contract labour.

84. Prohibition of employment of contract labour under clause (b) of sub-section (2) of section 57.-

If a question arises as to whether any activity of an establishment is a core activity or otherwise, the aggrieved party may make an application, to the Joint Secretary Government of India, Ministry of Labour and Employment giving reasons along with supporting documents.

CHAPTER-IX

INTER-STATE MIGRANT WORKER

85. Journey allowance to Inter-State Migrant Worker under Section 61.-The employer shall pay a lump sum amount on account of fare for to & fro journey to inter-state migrant worker by train (not less than II Class Sleeper) or by bus or any other mode of passenger transport from the place of employment to the place of residence in the home state in the event of the following, namely:

if he has worked for a period of not less than 180 days in the concerned establishment(s) in preceding twelve months;

Provided that the journey allowance shall be given to an inter-state migrant worker once in twelve months. In the event of change of employer by the inter-state migrant worker during the middle of the employment period and has not availed the journey allowance from his previous employer, then on the basis of a certificate to be given by inter-state migrant worker, the employer where the inter-state migrant worker is now working and the such worker has completed one hundred and eighty days in preceding twelve months including the period spent with the previous employer, then the employer shall give journey allowance.

86. Setting up of a Toll Free helpline number to the inter-state migrant worker under Section 63.-A Toll-Free help-line number shall be provided by Ministry of Labour and Employment, to address queries and grievances of the inter-state migrant workers.

87. Study of inter-state migrant workers under Section 64.-The Central Government may identify the studies to be carried out to promote safety, health and welfare of inter-state migrant workers. Wherever required the Central Government may also consult the State Government or expert organizations involved in the safety, health and welfare of inter-state migrant workers.

CHAPTER-X

AUDIO- VISUAL WORKER

88. Agreement for audio-visual worker under clause (a) of sub-section (2) of section 66.- (1)The Form of agreement for the audio-visual workers with the producer is given in Form-XVI.

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(2) The agreement shall be registered with the competent authority as may be notified by the Central Government.

89. Procedure for reference of disputes to a Conciliation Officer or a Tribunal under sub-section (1) section 66.-The procedure for reference of dispute to a conciliation officer or a tribunal shall be in conformity with the Industrial Relation, Code 2020 and Rules framed thereunder.

CHAPTER-XI

MINES

90. Qualification and appointment of manager under sub-section (1) of section 67.-No mine shall be opened, re opened or worked unless it has a duly appointed manager, who has the following qualifications:

Type of mine

Average material handled/output/ production of the mine

Essential Qualification for the manager

Underground Coal Mines

(a) Production in excess of 2,500 tonnes per month.

A First Class Manager‘s Certificate of competency (Coal).

(b) Production not exceeding 2,500 tonnes per month.

A First Class Manager‘s Certificate (Coal) or Second Class Manager‘s Certificate of competency (Coal).

Opencast Coal Mines:

(a) In excess of 20,000 cubic metre per month of material handled

A First Class Manager‘s Certificate of competency(Coal) or a First Class Manager‘s Certificate of competency restricted to mines having opencast workings only (Coal) .

(b) Not exceeding 20,000 cubic metre material handled per month

A First Class Manager‘s Certificate of competency (Coal) or a First Class Manager‘s Certificate of competency restricted to mines having opencast workings only (Coal) or Second Class Manager‘s Certificate of competency (Coal) or Second Class Manager‘s Certificate of competency restricted to mines having opencast workings only (Coal).

Underground Metalliferous mines:

(a) Average output in excess of 1,250 tonnes.

A First Class Manager‘s Certificate of competency (Metal).

(b) Average output not exceeding 1,250 tonnes.

A First Class Manager‘s Certificate of competency (Metal) or Second Class Manager‘s Certificate of competency (Metal).

Opencast Metalliferous mines:

(a) Average monthly material handled in excess of 20,000 cubic meter.

A First Class Manager‘s Certificate of competency (Metal) or a First Class Manager‘s Certificate of competency restricted to mines having opencast workings only (Metal).

(b) Average monthly material handled not exceeding 20,000 cubic meter.

A First Class Manager‘s Certificate of competency (Metal) or a First Class Manager‘s Certificate of competency restricted to mines having opencast workings only (Metal) or Second Class Manager‘s Certificate of competency (Metal) or Second Class Manager‘s Certificate of competency restricted to mines having opencast workings only (Metal).

Mine having both opencast and underground workings

All coal and metal mines

First Class Manager‘s Certificate of competency (Coal or Metal as the case may be)

Oil Mines

All Oil Mines

A degree or diploma in engineering or post graduation in physics or geophysics or geology or chemistry of an educational institution recognised by the Central Government and has experience in the management and supervision of operations in oil mines for a period of not less than fifteen years in case of diploma in engineering and ten years in other cases.

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91. Code not to apply in certain mines under section 68.-The provision of the code, except those contained in section 35, 38, 40, 41 and 44 shall not apply to –

(i) any mine or part thereof in which excavation is being made for prospecting purposes only and not for the purpose of obtaining minerals for use and sale:

Provided that –

(a) not more than twenty persons are employed on any one day in connection with any such excavation;

(b) the depth of the excavation measured from its highest to its lowest point nowhere exceeds six meters or, in the cases of an excavation in coal, fifteen meters; and

(c) no part of such excavation extends below superjacent ground; or

(ii)any mine engaged in the extraction of kankar, murram, laterite, boulder, gravel, shingle, ordinary sand (excluding moulding sand, glass sand and other mineral sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay), building stone, slate, road metal, earth, fullers earth, marl, chalk and limestone:

Provided that-

(a) the working do not extend below superjacent ground; or

(b) where it is an opencast workings-

(i) the depth of the excavation measured from its highest to its lowest point nowhere exceeds six meters; (ii) the number of persons employed on any one day does not exceed fifty; and

(iii) explosives are not used in connection with the excavation.

(2) As soon as an establishment becomes a mine, the employer of the mine shall give notice electronically to the Inspector cum facilitator within seven days from the date it becomes a mine.

(3) Notwithstanding anything contained in sub Rule (1) and (2), the Central Government may by an order in writing requires all provisions of the Code shall be applicable, in such mine or part thereof subject to such conditions as he may specify therein.

92. Initial and periodical medical examinations under sub-section (3) of section 70:

(1) the owner, agent or manager of every mine shall make arrangements for –

(a) Initial medical examination of every person seeking employment in a mine.

(b) Periodical medical examination of every person employed in a mine annually.

(2) The periodical medical examination or the X- Ray examination or both, shall be conducted at more frequent intervals if the medical examining authority deems it necessary to confirm a suspected case of a dust related disease.

93. Examining authorities.—

(1) The medical examination aforesaid shall be carried out by a qualified medical practitioner in the employment of the owner of the mine or duly assigned for this purpose by the owners of group of mines, or by any Government medical officer.

(2) The examining authority shall be trained in Occupational Health course including ILO Classification of chest Radiograph duly recognized by the central government.

94. Notice of medical examination.— (1) In respect of initial medical examination the owner, agent or manager shall give at least seven days‘ prior notice in writing to the person to be examined, in Form to be notified by the Chief Inspector cum Facilitator. A copy of every such notice issued shall be sent by the owner, agent or manager to the examining authority.

(2) In respect of periodical medical examination the manager shall give at least twenty days prior notice in writing to the person to be examined, in Form to be notified by the Chief Inspector cum Facilitator. A copy of every such notice issued shall be sent by the owner, agent or manager to the examining authority along with previous medical certificates issued, pertaining to the persons concerned.

(3) A person, who for any reasonable cause, fails to submit himself for the medical examination in accordance with the notice issued to him, shall be given a second notice of a minimum period of ten days in Form to be notified by the Chief cum Facilitator, by the manager and a copy of every such notice shall be sent by the manager to the examining authority.

(4)The examining authority shall inform the manager whether the person concerned has appeared for medical examination or not within one week.

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95. Failure to undergo medical examination.— A person who without reasonable cause, fails to submit himself for medical examination in accordance with the notice issued to him shall be liable to be discharged from service;

Provided that a person who renders himself so liable to be discharged for failure to submit himself for medical examination shall be required to show cause why he could not comply with the notice within the time specified therein. If his explanation is found satisfactory by the management; he shall be given another chance to appear for medical examination. In case his explanation is not found satisfactory by the management, his service shall be terminated by the management;

96. Standard and report of medical examination.—(1) The examining authority holding initial medical examination shall examine a person according to the standards laid down in Form to be notified by the Chief Inspector cum Facilitator.

(2) The examining authority holding periodical medical examination shall examine a person according to the standard laid down in Form to be notified by the Chief Inspector cum Facilitator.

(3) As soon as may be, after examinations, copy of the medical certificate in Form to be notified by the Chief Inspector cum Facilitator, shall be issued by the examining authority to the person concerned electronically or by Registered post or delivered under receipt and another copy sent to the owner, agent or manager of the mine concerned electronically or by Registered post or delivered under receipt.

(4) The examining authority shall retain the third copy of the medical certificate in physical and in electronic format.

(5) In the case of periodical medical examination of person, the examining authority shall also send the copy of previous medical certificates of the person concerned, back to the manager of the mine concerned.

97. Retention and transfer of medical certificates.—(1) All medical certificates including all medical examination records with medical history and job details to depict the occupational dust exposure profile of persons employed or to be employed in a mine shall be retained in the possession of the manager of the mine so long as the person is employed in the mine and for a period of five years thereafter:

Provided that the manager of a mine where such person is or was employed shall, if so requested by the manager of any other mine where the person is to be employed, send to him all medical certificates with respect to such person.

(2) If the examining authority who conducts medical examination of persons employed or to be employed in any mine is relieved of his duties regarding medical examination, the medical practitioner shall transfer all records of medical examination in his possession to the manager of the mine concerned.

98. Identity of candidates.—The examining authority, shall record the Aadhar number and signature of every candidate appearing before it for medical examination on the copies of the medical certificate.

99. Medical Examination of women — A woman employee shall preferably be examined by a female medical practitioner. In case a female qualified medical practitioner is not available, the woman employee shall be medically examined by a male qualified medical practitioner only in the presence of another woman.

100. Appeal for re-examination.—(1) Where as a result of an initial medical examination, or of periodical medical examination, a person has been declared unfit for employment in mines or in particular category of mines or in any specified operations in mine , he may, within thirty days of the receipt by him of a copy of the certificate, file an appeal with the owner, agent or manager in case of Initial Medical Examination and the manager of the mine in case of Periodical Medical Examination, against the declaration aforesaid, and request for a medical re-examination by an Appellate Medical Board.

(2) (a) the owner, agent or manager in case of initial medical examination and manager of the mine in case of periodical medical examination shall forward the appeal to the convener of the appellate medical board within fifteen days of the receipt of the Appeal.

(b) The convener of the appellate medical board shall give at least fifteen days prior notice to the owner, agent or manager and also the appellant, of the medical re-examination.

(c) A person, who for any reasonable cause, fails to submit himself for a medical re-examination shall be given another notice at least seven days in advance.

(3) In respect of every medical re-examination by the appellate medical board, the appellant shall pay such fees and the medical examination shall be conducted in such manner as may be determined by the appellate medical board. In case the appellate medical board finds him fit for employment in mines, the fees shall be reimbursed in full to the appellant by the owner of the mine where he is employed.

101. Constitution of Appellate Medical Board.—For the purpose of medical re-examination on appeal, the Appellate Medical Board shall be constituted in the following manner, namely;

(1) An Inspector cum Facilitator (Occupational Health), who shall also act as the Convener of the Board.

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(2) Two Qualified medical practitioners duly qualified in allopathic system of medicine and in the employment of the State or Central Government or in a Government Undertaking, as nominated by the Chief Inspector cum Facilitator.

Provided that, the Convener can co-opt any specialist doctor if the Appellate medical board is of the opinion that such specialist is required to be consulted for specific issues.

102. Standard and report of medical re-examination by the Appellate Medical Board.— (1) The Appellate Medical Board shall medically examine the appellant -

(a) in accordance with the standard laid down in the Form as notified by Chief Inspector Cum Facilitator for initial medical examination.

(b) in accordance with the standard laid down in the Form as notified by Chief Inspector Cum Facilitator for periodical medical examination;

(2) The certificate of medical re-examination in the Form to be notified by the Chief Inspector cum Facilitator, shall be issued to -

(a) the manager of the mine, in case of periodical medical examination;

(b) the owner, agent or manager in case of initial medical examination;

(c) the appellant;

(3) a copy of the medical certificate shall be retained with the Convenor;

103. Unfit persons not to be employed.—(1) Where, as a result of an initial medical examination or a periodical medical examination, a person has been declared unfit for employment in mines or in a particular category of mines or in any specified operations in mine, the person, shall not be employed or continue to be employed in mine or in the category of mines or on the operations specified, after the expiry of thirty days from the date of his medical examination unless he has filed an appeal against the declaration.

(2) Where the person concerned has filed an appeal, but has been declared by the Appellate Medical Board, after a medical re-examination, to be unfit for employment in mines or in a particular category of mines or on any specified operations in mines, he shall not be employed or continue to be employed in mine or in the category of mines or on the operations specified, after the expiry of thirty days from the date of his medical re-examination by the Appellate Medical Board:

Provided that, if the qualified medical practitioner carrying out the initial medical examination, or the periodical medical examination, the Appellate Medical Board carrying out the medical re-examination of persons already in employment is of the opinion that the disability of the person examined is of such a nature and degree that it will not seriously affect or interfere with the normal discharge of his duties, it may recommend his continuation in employment in the mine for a period not exceeding six months, during which such person may get his disability cured or controlled and submit himself for another medical examination and be declared fit.

104. Cost of medical examination.—The full cost of every medical examination under these rules, shall be borne by the owner of the mine concerned except in case the person is declared unfit for employment in mines after re examination by Appellate Medical Board.

105. Exemptions from hours and limitation of employment under Section 25.-

(1) For the purpose of Section 71 of the Code, the following persons shall be exempted from the provisions of sub-section (1) of section 25, sub-section (1) of section 26, section 30 and sub-section (1) of section 31 of the code, namely.-

(a) Person holding position of supervision or management etc, employed in a confidential capacity;

(b) manager, deputy manager, installation manager, fire officer, under manager, underground manager, assistant manager, ventilation officer, Safety officer, Information Technology, Instrumentation & Communication Officials;

(c) mining, electrical and mechanical engineer;

(d) overman, foreman, sirdar, mate and supervisor in oil mines;

(e) mechanical and electrical foreman and electrical supervisor;

(f) surveyor and assistant surveyor;

(g) qualified medical practitioner, dresser, compounder, chemist, assayer, metallurgist and welfare or personnel officer; and

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(h) any other person who in the opinion of the Chief Inspector cum Facilitator holds a position of supervision or management.

106. Establishment and location of rescue station under section 72:(1) The Chief Inspector cum Facilitator may permit or require the owner of a below ground mine or a group of below ground mines to establish and maintain rescue station, stations with such designs and specifications and at; such place/ places as may be considered necessary in consultation with the owner: Provided that where there are below ground mines belonging to more than one owner, the Chief Inspector cum Facilitator may permit or require two or more owners to jointly establish a common rescue station: Provided further that all the existing rescue stations as on the date of ;coming into force of these rule, shall continue to function for a period of three years from that date.

(2) At every rescue station there shall be appointed one Superintendent and at least two instructors and also, there shall be maintained a rescue brigade of not less than eighteen rescue trained persons.

(3) In case where the absence of the Superintendent at a rescue station exceeds 60 days, the owner shall appoint another Superintendent.

(4)The owner shall, on the same day of assumption or relinquishment of charge by the Superintendent, inform the Chief Inspector cum Facilitator and the Inspector cum Facilitator of the region where the mine is situated.

107. Functions of rescue stations.- The functions of rescue station shall include:-

(i) imparting initial training in rescue and recovery work;

(ii) imparting refresher training to rescue trained persons;

(iii) providing support by its own rescue teams and equipment in case of major accidents or long lasting rescue and recovery operations; and

(iv) carrying out the functions of rescue room in respect of these below ground mines where there is no rescue room.

108. Establishment and location of rescue rooms.- (1) At every below ground mine where, more than 100 persons are ordinarily employed below ground and there is no rescue station within its radius of 35 kms, the owner, shall establish and maintain on surface close to mine entrance a rescue room:

Provided that it may be sufficient to provide one rescue room for a number of mines belonging to the same owner where:-

(a) the total number of persons ordinarily employed in below ground workings of all such mines does not exceed 5000; and

(b) The mines are situated within radius of 35 kms from and connected by road with the rescue room :

Provided further that the Chief Inspector cum Facilitator may permit the owner of a group of mines having the total number of persons ordinarily employed below ground in excess of 5000, to use the rescue room as a rescue station excepting the functions of imparting initial training in rescue work, if such rescue room is .-

(i) equipped with requisite additional rescue apparatus including at least 15 extra sets of two hour self- contained breathing apparatus; and

(ii) placed under the charge of a person holding the qualifications, experience etc., of Instructors and minimum of five rescue trained persons of whom at least one shall hold the Qualifications, experience etc. of rescue room in-charge are posted thereat.

(2) At each rescue room, there shall be appointed such number of rescue trained persons as may be necessary and one of them possessing the Qualifications, experience etc. of rescue room in-charge shall be made in-charge of the rescue room. At least one rescue trained person shall always be in attendance at the rescue room.

109. Functions of rescue room.- A rescue room shall provide facilities for the storage, assembly, testing and adjustments of breathing apparatus and other rescue equipment and apparatus and for their speedy transport to mines.

110. Qualifications, experience etc. of Superintendent.- No person shall be appointed as Superintendent unless he:- (i) is a rescue trained person ;

(ii) has 5 years practical experience of below ground work in mines; and

(iii) holds a First Class Manager‘s Certificate of a type not restricted to open cast workings.

111. Qualifications, experience etc., of Instructors.- After; the coming into force of these rules no person shall be appointed as Instructor unless he:-

(i) is a rescue trained person;

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(ii) has 3 years practical experience of below ground work in mines; and

(iii) holds a Manager‘s certificate of a type not restricted to open cast workings.

112. Selection of rescue trained persons for posting at rescue stations.- (1) After coming into force of these rules the rescue trained persons for posting at a rescue station shall be selected, from amongst the rescue trained persons employed in mines served by the rescue station, by the Superintendent in consultation with the managers of such mines. (2) A person selected under sub-rule (1) shall be posted for not less than one year and not more than five years at a rescue station at any one time.

113. Qualifications, experience etc. of rescue room in-charge.- No person shall be appointed as rescue room in charge unless he:-

(i) is a rescue trained person;

(ii) has 3 years practical experience of below ground work in mines ; and

(iii) holds a Manager‘s, Overman‘s or Foreman‘s Certificate of a type not restricted to open cast workings.

114. Equipments.- (1) At every rescue station there shall be provided and maintained for immediate use, apparatus and equipment as specified in Schedule I, as may be notified.

(2) At every rescue room there shall be provided and maintained for immediate use, apparatus and equipment as specified in Schedule II, as may be notified.

(3) At a below ground mine, where no rescue room is located, apparatus and equipment as specified in Schedule III, as may be notified and shall be maintained at the entrance of such mine.

(4) Self- contained breathing apparatus provided at a rescue station and that at rescue rooms under it shall be of the same type and make.

(5) The following apparatus and equipments provided in pursuance of sub-rules (1), (2) and (3), shall be of a type or standard approved by the Chief Inspector cum Facilitator, namely:-

(a) breathing apparatus;

(b) smoke helmets and apparatus serving the same purpose;

(c) reviving apparatus;

(d) electric safety lamps and flame safety lamps;

(e) gas detector; and

(f) self-rescuers.

(6) All breathing apparatus and every flow meter shall be adjusted; and tested and the purity of oxygen for use in breathing apparatus shall be tested in such manners as are laid down in Schedule IV, as may be notified.

(7) In case of an accident in a below ground mine arising out of the use of any rescue apparatus, a written report thereof shall be sent, within 24 hours of such accident, by the manager of the mine to the Chief Inspector cum Facilitator and Inspector cum Facilitator in the form, as may be notified.

(8) In case of an accident in a rescue station or rescue room arising out of the use of any rescue apparatus a written report thereof shall be sent electronically , within 24 hours of such accident, by the Superintendent to the Chief Inspector cum Facilitator and Inspector Cum Facilitator in the form, as may be notified.

(9) No absorbent charges, chemicals, self-rescuer and gas detector tubes shall be kept at any rescue station, rescue room or below ground mine for use beyond the expiry date, which shall be legibly marked on the boxes thereof.

115. Duties and responsibilities of Superintendent.- (1) The Superintendent shall be in overall control of the rescue station and the rescue rooms served by such rescue station.

(2) The Superintendent shall ensure that all the rescue equipment and apparatus kept at the rescue station, rescue rooms and at the entrance of the below ground mines under his control are- (a) maintained in perfect working order; (b) inspected by Instructors at specified intervals; and (c) tested and adjustments are made accordingly.

(3) The Superintendent shall ensure that adequate stock of spare parts and supplies are kept for maintaining rescue equipment and apparatus in perfect working order.

(4) The Superintendent shall countersign the records maintained.

(5) The Superintendent shall ensure that persons selected for initial training and those undergoing refresher training receive the prescribed course of instructions and practices and are issued the credit certificates for the same.

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(6) The Superintendent shall make periodical inspection of rescue rooms and the apparatus and equipment under his control.

(7) In the event of an emergency at a below ground mine, Superintendent shall perform such rescue and recovery work as may be assigned to him by the manager or in his absence by the principal official present at the surface. He shall send a daily report and a complete report within twenty four hours after completion of the rescue or recovery work to the Inspector cum Facilitator or the Chief Inspector cum Facilitator.

(8) The Superintendent shall maintain in a bound paged book a diary and shall record therein the results of each of his inspections and also the action taken by him to rectify the defects observed during inspection.

116. Duties of Instructors.- (1) Under the direction of Superintendent the Instructor shall-

(a) impart course of instructions and practices to persons selected for training in rescue and recovery work as well as to rescue trained persons and maintain a record thereof; and

(b) make inspection, test and adjustment of rescue equipment and apparatus and maintain a record thereof.

(2) In the event of an emergency at a below ground mine, Instructors shall perform such rescue and recovery work as may be assigned to him by the manager or in his absence by the principal official present at the surface.

(3) Instructor shall not leave the rescue station without prior permission of the Superintendent. (4) In the absence of the Superintendent, the Instructor shall be in-charge of the rescue station. 117. Duties and responsibilities of rescue room in-charge.- Every rescue room in-charge shall- (a) display prominently a list of mines served by his rescue room;

(b) maintain the equipment and apparatus kept at the rescue room in perfect ;order;

(c) maintain a proper record of all rescue equipment and apparatus kept at the rescue room and inspection thereof; and

(d) not allow any unauthorised person; to enter into, or permit any unauthorised person to take out any apparatus or equipment from the rescue room.

118. Duties of rescue trained persons posted at rescue station.- The rescue trained person shall- (a) obey order of the Superintendent and Instructor and assist them in discharge of their functions; (b) attend to messages, telephone calls and wireless and maintain record thereof;

(c) maintain the rescue station in neat and tidy condition;

(d) maintain the equipment and apparatus kept at the rescue station in perfect order;

(e) perform rescue and recovery work in mines; and

(f) not leave rescue station without obtaining permission from the Superintendent.

119. Duties of rescue room attendant .- Every rescue room attendant shall-

(a) not leave the rescue room until relieved by a substitute;

(b) not allow any unauthorised person to enter in or to take out any apparatus or equipment from the rescue room; (c) attend to telephone calls and maintain a record thereof;

(d) maintain the rescue room in neat and tidy condition; and

(e) obey orders of the rescue room incharge and assist him in discharge of his functions.

120. Telephone Communication. – Every mine shall be connected telephonically with the rescue room and rescue station serving the mine. Wherever practicable wireless communication shall also be provided: Provided that where there is no telephonic communication system, the Chief Inspector cum Facilitator may by an order in writing and subject to such conditions as he may specify therein, approve any other means of communication.

121. Rescue tracings.- There shall be kept at a below ground mine, more than three legible tracings of the working of the mine upto a date not before three preceding months. The tracing shall show the system of ventilation in the mine, and in particulars, the general direction of air-current, every point where the quantity of air is measured, every air crossing, ventilation-door stopping, booster fan and any other principal device for regulation and distribution of air, fire-dams, preparatory stoppings , every fire-fighting equipment, every water-dam with dimensions and other particulars of construction, every pumping, telephone and ambulance station, every room used for storing inflammable material, reserve stations and every haulage and travelling roadway.

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122. Appointment of rescue trained persons in mines, their disposition and accommodation.- (1) The manager of a below ground mine, where more than 100 persons are ordinarily employed below ground, shall ensure that at least 5 rescue trained persons are readily available at surface at any time.

(2) The manager of a below ground mine, where more than 500 persons are ordinarily employed below ground , shall also ensure that persons on a scale of one man for every 100 persons or part thereof are rescue trained persons.

(3) It shall be the responsibility of the owner to provide suitable accommodation:-

(i) close to the rescue station to the Superintendent, Instructors and members of rescue brigade; (ii) close to rescue room to rescue room in-charge rescue trained persons and attendants attached to it; and

(iii) close to below ground mine entrance to rescue trained persons other than those specified in ( i ) and (ii). (4)There shall be provided at a below ground mine effective bell or other arrangements, as may be approved by the Inspector cum Facilitator, for immediate summoning of rescue trained persons.

123. Selection of persons for training in rescue work.- No person shall be selected for training in rescue work, unless:-

(i) he is between 21 and 30 years of age and holds a valid First-aid certificate of the standard of the St. John Ambulance Association (India);

(ii) he is certified by the Manager that he has sufficient underground experience for the purpose of rescue work;

(iii) he is certified by a qualified medical practitioner, as may be designated by the Manager after examination in accordance with Schedule VI, as may be notified, to be free from any organic disease or weakness and to be fit for undertaking rescue work; and

(iv) he is considered by the Superintendent of Rescue Station, after such examination and interview as he considers necessary , to be suitable for rescue work with breathing apparatus.

124. Instructions and practices etc.-(1) Every person selected for training in rescue work shall undergo the course of instructions and practices as set out in Part I of Schedule VII as may be notified, until he has passed and has; been certified as efficient by the Superintendent .

(2) Rescue trained person shall undergo practices and receive instructions as set out in Part II of Schedule VII as may be notified.

(3) A record shall be kept at every rescue station of all persons undergoing practices and receiving instructions. Such record shall contain:-

(i) the date and the character of each practice:

(ii) the condition of each person after the practice, and if anything abnormal was observed in his condition, whether it was due to a defect of the apparatus or to that person ;and

(iii) any other relevant information.

125. Medical examination etc. of rescue trained person.- Every rescue trained person shall be re-examined once at least in every twelve months by a qualified medical practitioner as may be designated by the manager in accordance with Schedule VI, and in case he is declared medically unfit, he shall cease to be a rescue trained person with effect from the date he has been so declared.

126. Suspension of rescue trained persons.- If in the opinion of the owner, agent, manager or an Inspector cum Facilitator a rescue trained person is incompetent or is guilty of negligence or misconduct in the performance of his duties, the owner, agent, manager or Inspector cum Facilitator as the case may be, may after giving such person an opportunity to give a written explanation, suspend him from or debar him for, undertaking any rescue and recovery work.

127. Duties of Manager etc. in emergency.- (1) On receiving information of any emergency likely to require the services of a rescue team, the manager, or in his absence the Principal Official present at the surface, shall immediately:-

(a) inform the rescue room or the rescue stations serving the mine for necessary assistance; (b) summon rescue trained person employed in the mine;

(c) inform the owner, agent or manager of nearby mines to make available the services of rescue trained persons employed therein: if so required;

(d) inform the rescue station about the nature of the occurrence; stating whether assistance would be needed from the rescue station;

96 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(e) summon medical assistance; and

(f) send information of the occurrence to the Inspector cum Facilitator.

(2) All rescue and recovery work at a below ground mine shall be conducted under the control, direction and supervision of the manager of the mine or in his absence the principal official present at the surface. Provided that in the event of a major emergency, such as ignition, explosion , big underground fire or an accident involving a number of persons, the manager or the principal official shall, in taking decisions regarding rescue and recovery operations, take guidance from a group consisting of a Senior Official of the management , a representative each from the Director General of Mines Safety, concerned rescue station and the recognised Union of the Workers, so however that he must take necessary decisions and direct the operations as the situation warrants, without waiting for the constitution or deliberations of the said group.

128. Accommodation at the below ground mine for persons engaged in rescue work.- Whenever rescue trained persons are engaged in rescue or recovery work at a below ground mine, there shall be provided at such mine suitable accommodation for storage and charging of apparatus required for that work. Such accommodation shall be situated at a convenient place near the entrance in use, and shall be properly ventilated and lighted. Adequate quantity of cool and wholesale drinking water and food shall be provided for the rescue workers.

129. Entry into below ground mines for rescue or recovery work.- (1) No person shall be allowed to enter a below ground mine or part thereof which is unsafe for the purpose of engaging in rescue or recovery work, unless authorised by the manager or in his absence by the principal official of the mine present at the surface. Only rescue trained persons shall be permitted to enter the mine for the purpose of using self-contained breathing apparatus. (2)During the Course of rescue or recovery work, person or persons shall be stationed at the entrance to the below ground mine and shall keep a written record of all persons entering and leaving such mine, and the time thereof.

130. Fresh air bases.- (1) As soon as possible, base or bases shall be established in fresh air, as near to the irrespirable zone or zones as safety permits, Every such base shall, if possible be connected by telephone:

(i) if the base is below ground to the surface ; or

(ii) if the base is on the surface, to the shaft bottom.

(2) Except in cases where the delay involved may result in danger to life, rescue trained persons shall not proceed beyond any place where a base is to be established until there have been provided at such base:-

(a) two persons, of whom one shall be a qualified medical practitioner if practicable, and other shall be a rescue trained person;

(b) a spare team; with rescue apparatus, ready for immediate service;

(c) one or more reviving apparatus, oxygen revivers etc,

(d) first aid box and stretcher,

(e) means of testing for carbon monoxide;

(f) a hygrometer; and (g) two flame safety lamp.

(3) Whenever men are already at work beyond the fresh air base, there shall be provided at the base as soon as possible the persons, apparatus and equipments.

131. Leader.- Every rescue team engaged in work with breathing apparatus in a mine shall be under a leader who shall be appointed by the Superintendent.

132. Instructions to leader.- Prior to sending a rescue team underground, the Superintendent or a person authorised by him shall give clear instructions to the leader of the team as to where it shall go and what it shall attempt.

133. Test of apparatus.- Before proceeding below ground the leader shall test or witness the testing of self-contained breathing apparatus of the team for leakage. No such apparatus shall be used unless it is found safe. He shall check the equipment of his party, and immediately before entering irrespirable atmosphere shall make sure that all breathing apparatus are working properly.

134. Duties of leader below ground .- (1) The leader shall not engage in manual work. He shall give his attention solely to directing the team and to maintaining its safety. He shall examine the roof and supports during the journey, and if there is any likelihood of fall at any place along the roadway, shall not proceed further until the team has made the place secure.

(2) The leader shall keep the team together and shall not allow any member of the team to stray.

(3) If the atmosphere is clear, the leader shall, when passing the junction of two or more roadways, clearly indicate the route by means of arrow marks in chalk. If the atmosphere is obscure, the leader shall see that a life line is laid in from

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the fresh air base, and shall not allow any member of the team to move out of reach of that line; or, if that course is impracticable, he shall not proceed until every roadway branching of from the route is fenced across the whole opening.

(4) When using rescue apparatus, the leader shall carry a watch, shall record the pressure of the compressed oxygen at intervals of 20 minutes or so, and shall commence the return journey in ample time. During travelling he shall adopt the pace of slowest member, if any member of the team is in distress, shall immediately return to the fresh air base with the whole team.

(5) The leader shall not permit any member of the team using breathing apparatus in a mine to remain at work at any one time for a period longer than one and half hours or such other period as may be specified by the Chief Inspector cum-facilitator in respect of the breathing apparatus being used.

135. Rescue team members and their duties.- (1) The number of persons in any rescue team using breathing apparatus in a mine shall not be less than five not more than six, including the leader. (2).In case there is no provision in any of the breathing apparatus carried by the rescue team for an extension for supply of oxygen to another person in an emergency, the team shall carry a self-rescuer. (3).Members of rescue team shall in general, use the signals prescribed in Schedule VIII as may be notified, in communicating to one another. (4).In travelling with rescue apparatus on, every member of the team shall keep the place given to him when numbering off. If the pace is too quick or if distress is felt, the member shall at once call attention to the fact. (5).Every member of a rescue team engaged in work with breathing apparatus in amine shall obey the order of the leader of the team.

136. Restriction of second spell of works.- No person shall commence a second or ;subsequent spell of work in irrespirable atmosphere without being examined and found fit by a qualified medical practitioner.

137. Obligation of owner, agent and manager in certain situations.- Whenever emergency arises at a below ground mine, whether served by a rescue room or rescue station or not, the owner, agent or manager may seek assistance or additional assistance as the case may be from the nearest rescue room or rescue station and in such an event:- (a) all possible assistance shall be promptly rendered by the rescue room or rescue station; and (b) the owner of the mine shall pay to the owner of the rescue station or rescue room, rendering such assistance, the full cost of rescue services and facilities borrowed.

138. General management.- It shall be the responsibility of the owner to establish, maintain and ensure proper functioning of rescue room or rescue station as required under these rules, to appoint Superintendent, instructors, rescue room in-charge, rescue trained persons, and to provide necessary rescue equipment and apparatus as may be necessary for compliance with the provisions of these rules.

139. Power to relax.- Where in the opinion of the Chief Inspector-cum-facilitator, the conditions pertaining to a mine or rescue station or rescue room are such as to render compliance with any provisions contained in these rules, unnecessary or impracticable, he may by an order in writing and subject to such conditions as he may specify therein grant exemption from the said provisions.

140.Vocational Training under Section 72.- If any question or dispute arises as to whether a particular person or class or category of persons is required by these rules to undergo training or not, the same shall be referred to the Chief Inspector-cum-facilitator for decision.

141. Training Scheme.— (1) The Owner of every mine shall ensure that a training scheme comprising of theory and practical, based on the guidelines on the scheme of training, notified by the Chief Inspector-cum-facilitator from time to time, is prepared and submitted to the Chief Inspector-cum-facilitator and Inspector-cum-facilitator for persons employed or to be employed in the mine.

Provided that the agent of the mine may submit the training scheme approved by the owner in writing.

(2) The Chief Inspector-cum-facilitator or Inspector-cum-facilitator may by an order in writing, require such modification in the training scheme as he may specify therein.

(3) The scheme referred to in sub-rule (1) shall include, but not limited to, the following provisions, namely:- (i) initial training for the persons to be employed in the mines;

(ii) refresher training for the persons already employed;

(iii) training in case of introduction of new technology, equipment or change in work procedure;

(iv) assessing current competencies of a person employed in the mine and prior learning, in establishing the person‘s training needs;

(v) assessing the training needs of persons working in mines for the safe performance of the mining operations;

(vi) appointing persons who are competent to give training and assess employees‘ competencies;

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(vii) keeping and auditing records of assessment undertaken and training imparted and;

(viii) the relevant standards, modules or any other guidelines issued in this behalf by the Chief Inspector-cum facilitator from time to time;

(ix) course material on various topics for different categories of persons for delivering lectures in vocational training centre.

142. Constitution of the Board of Vocational training.—

(1) The Board of Vocational training shall consist of –

(a) the Chief Inspector-cum-facilitator, who shall be its Chairperson, ex-officio ;

(b) three members possessing technical qualifications in Mining or Petroleum engineering and having at least twenty years practical experience one each in coal mines, metal mines, and oil mines to represent each sector appointed by central Government;

(c) two members possessing technical qualifications in Electrical engineering or Mechanical engineering or Allied engineering and having at least twenty years of practical experience in mines, appointed by Central Government;

(d) two members serving in an institution imparting education in human resource management at graduation, post-graduation or equivalent level and having fifteen years of experience, appointed by central Government.

(2) Every member (other than the Chairperson) of the Board of Vocational training shall hold office for a period of three years from the date of the notification appointing him a member of the Board of Vocational training or until his successor is appointed and takes charge, whichever is later :

Provided that –

(i) a member may at any time resign his office;

(ii) a member appointed under clause (d) of sub-rule (2) shall cease to hold office upon his ceasing to serve in any such institution, as is referred to in that clause;

(iii) a person appointed to fill a vacancy caused by reason of the death, resignation of a member, or by reason of ceasing of office under sub-clause (ii), shall hold office for the remaining period for which such member would have, but for such reason, continued as member.

(3) A person who holds, or who has held, office as member of the Board of Vocational training shall, subject to the other provisions of this rule, be eligible for re-appointment to that office not more than two terms.

(4) A member of the Board of Vocational training (other than the Chairperson) shall receive such remunerations as the Central Government may fix.

(5) An Inspector-cum-facilitator nominated in this behalf by the Chief Inspector-cum-facilitator shall act as Secretary to the Board of Vocational training, hereinafter referred to in this rules as the Secretary.

(6) Notwithstanding anything contained in this rule, the Central Government may, if satisfied that it is necessary so to do in the public interest, re-constitute the Board of Vocational training even though the term of office of all or any of the members thereof has not come to an end.

(7) Meetings of the Board of Vocational training shall be held as and when the Chairperson considers them necessary and at least once in six months at a place decided by the Chairperson.

(8)(a) For every meeting of the Board of Vocational training, the Chairperson or Secretary shall give to every member who is not absent from India, a prior notice of not less than ten clear days, intimating the time and place of the proposed meeting.

(b) The notice shall be sent by e mail or delivered at, or posted to the usual place of residence of the member, and each such notice shall be accompanied by a list of items of business to be disposed of at that meeting.

(c) Notwithstanding anything contained in clauses (a) and (b), in case of urgency the Chairperson may call at any time, an emergent meeting by intimating the members, only two days in advance, of the time and date of such meeting and the subject matter for discussion at such meeting;

Provided that if at any meeting there is no quorum as specified in Sub-rule (12), the meeting shall stand adjourned to a date which is seven days later or if that day is a public holiday to the next working day. The time, place and agenda for the adjourned meeting shall remain unchanged.

(d) Where the meeting stands adjourned for lack of quorum, it shall be lawful to dispose of the business at such meeting irrespective of the number of members attending.

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(9) (a) The Chairperson shall preside at every meeting of the Board of Vocational training.

(b) If the Chairperson is absent for any reason, the Chairperson shall authorise a member to preside over the meeting, and the members so authorised shall, for the purposes of that meeting, have all power of the Chairperson.

(10) No business shall be transacted at a meeting of the Board of Vocational training unless at least four members, including the Chairperson, are present.

(11) (a) Every matter which the Board of Vocational training is required to consider shall be considered at its meeting, or, if the Chairperson so decides, by circulation of the papers, to every member who is not absent from India.

(b) When any matter is referred to by circulation as aforesaid, any member may request that it should be considered at a meeting of the Board of Vocational training and the Chairperson may direct that it shall be so considered but when two or more members so request, the Chairperson shall direct that it shall be so considered at a meeting to be held.

(12) (a) The Secretary shall place before the Board of Vocational training, a list of business to be transacted at the meeting.

(b) No business which is not included in such list shall be considered unless the Chairperson permits. (13) (a) Every matter at a meeting shall be decided by the majority of votes of the members present at such meeting.

(b) Every matter referred to the members by circulation under sub-rule (12) shall be decided by the majority opinion of the members to whom the papers were circulated, unless the Chairperson reserves it for consideration at a regular meeting to be held later.

(c) In case of equal division of votes or opinions of the members, the Chairperson shall have a casting vote or opinion.

(14) (a) The Secretary shall record the minutes of each meeting in a bound-paged book kept for the purpose and he shall circulate to all members present in India the copies of such minutes of the meeting.

(b) The minutes so recorded shall be confirmed at the next meeting of the Board of Vocational training and signed by the Chairperson in token thereof.

(15) (a) The Chairperson in addition to any other powers and functions conferred upon him under these rules, shall:-

(i) present all important papers and matters to the Board of Vocational training at least ten days before the meeting;

Provided that in case of urgency, the subject matter may be placed before the Board of Vocational training two days before the meeting.

(ii) issue orders for carrying out the decisions of the Board of Vocational training;

(iii) have power to refer, in his discretion, any matter to the Central Government for its orders; and

(iv) have powers generally to take such action or pass such orders necessary to implement the decisions of the Board of Vocational training.

(b) The Chairperson may, during his temporary absence by reason of leave or otherwise, authorize any member of the Board of Vocational training to perform all or any of the functions of the Chairperson during such absence.

143. Functions of the Board of Vocational training.— The Board of Vocational training may-

(1) Constitute advisory committees to address any matter put before it and for specifying criteria for the mandatory establishment of independent vocational training centre by the owner of a mine, standard of training to the persons working in mines to maintain uniform standards.

(2) Specify the manner of ascertaining, by examination or otherwise, the quality of training to the persons, granting certificates by a system of assessment and evaluation.

(3) Specify the manner of ascertaining, by examination or otherwise, the competency of training officers, instructors, trainers and persons acting under them and specifying qualification and experience of training officers, instructors, trainers and persons acting under them.

(4) Specify the scale of appointment and manner of training of Instructors and trainers.

(5) Specify the system and standard of training centres, criteria for approval and suspension or cancellation of training centre and auditing and monitoring of all aspects of such training centers.

100 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(6) Specifying the manner of assessing training requirement of trainees and their post-training evaluation process. (7) Specify criteria for establishment of common training centre.

(8) Prescribe fees required to be paid along with the application for approval of vocational training centre under these rules.

(9) Prescribe remuneration or allowances to be paid to an Instructor, Trainer etc. under these rules.

(10) Make provisions for any other matter concerning training of persons employed in mines, referred to the Board of Vocational training.

144. Scope and Standard for Vocational Training.— (1) The owner or agent of every mine shall ensure that every person to be employed in a mine shall, before he is employed, be imparted training as per the training scheme under this rule.

Provided that in case of a person who is already in employment in other mine, the owner shall ensure that such person is imparted training covering such additional course of training as specified under this rule.

145. Scope and standard for Refresher Training.— Every person in employment in a mine shall undergo the refresher training at least once in four years, as per training scheme.

Provided that the Chief Inspector-cum-facilitator may by order in writing and subject to such conditions as he may specify therein increase or decrease the interval of Refresher training at a mine.

146. Arrangement for refresher training.— The refresher training shall be so arranged that the persons shall undergo training during normal working hours on full day release system:

Provided that the Chief Inspector-cum-facilitator may by general or special order in writing subject to conditions as may be specified may exempt any mine from the provisions the of this rule.

147. Special Training.— (1) In case new technology, equipment and system of work is introduced in the mine, the owner or agent or manager shall prepare and submit the training module, at least sixty days before such introduction, to the Chief Inspector-cum-facilitator, who may at any time, by an order in writing, require such modification in the training module as he may specify therein.

(2) Persons to be employed in aforesaid technology, equipment and system of work shall undergo training as per the training scheme specified under this rule, based on the aforesaid training module.

148. Training of persons after long absence or after an accident or change of job.— Wherever a person returns to employment in a mine, after an absence from work for a period exceeding one year or returns to work after being involved in a serious accident or in a dangerous occurrence which could have resulted in threat to life and safety, or is re-employed on a job which is different from what he had been performing earlier he shall undergo training before employment as per the training scheme specified under this rule.

149. Training Centre.—(1) The owner of every mine shall provide and maintain a training centre which shall be adequate for the purpose of imparting the training required to be undergone by the persons who are employed or to be employed in the mine:

Provided that the Chief Inspector-cum-facilitator may, by an order and for the reasons to be recorded in writing and subject to such conditions as he may specify therein, authorize that a common training Centre may be provided and maintained in respect of two or more mines belonging to the same owner:

(2) The Chief Inspector-cum-facilitator may permit in writing, subject to such conditions as he may specify therein, a common training Centre owned and maintained by a group of owners for imparting training in more than one mine.

Provided that where a common training centre is established and maintained by a group of owner, the owners of those mines shall nominate one among them to assume the responsibility of owner of the common training centre for management, supervision, direction and control thereat and the nominated owner shall submit notice in writing to the Chief Inspector-cum-facilitator and the Inspector-cum-facilitator.

(3) Notwithstanding anything contained in sub-rule (1) and sub-rule (2), the Chief Inspector-cum-facilitator may approve in writing, subject to such conditions as he may specify therein, a training Centre established under any other law for the time being in force subject to having such infrastructure and facilities as notified by the Chief Inspector cum-facilitator for imparting training under these rules.

(4) Every application for approval under sub rule (3) shall be made in a proforma and accompanied by a fee prescribed by the Board of Vocational training and notified by the Chief Inspector-cum-facilitator.

150. Arrangements for the training centre.— Every training centre shall have such staff, equipment‘s and other facilities as notified by the Chief Inspector-cum-facilitator.

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 101

151. Training Officer.— (1) Every training centre shall be placed under the charge of a whole time training officer, possessing qualification and experience, as specified by the Board of Vocational training and notified by the Chief Inspector-cum-facilitator from time to time.

(2) It shall be the responsibility of the owner or agent of the mine or the owner of common vocational training as the case may be to appoint the training officer specified under sub-rule(1).

Provided that in case of an approved training centre, the person responsible for the management, control, supervision or direction of the training centre hereinafter referred to as owner of approved training centre, shall appoint the training officer.

(3) Notwithstanding anything contained in sub-rule (1), where the training officer is unable to perform his duties by reason of temporary absence, illness or other cause, the owner, agent or manager, as the case may be, shall authorize in writing any other person having similar qualifications to act in his place.

Provided that no such authorisation shall have effect for a period exceeding thirty days, except with the previous consent in writing of the Chief Inspector-cum-facilitator and subject to such conditions as he may specify therein;

(4) A written notice of every appointment, discharge, dismissal, resignation or termination of service of a Training officer and of the date thereof shall be sent by the owner or agent to the Chief Inspector-cum-facilitator and the Inspector-cum-facilitator within seven days from the date of such appointment, authorization, discharge, dismissal, resignation or termination of service as the case may be.

152. Duties of Training Officer.— (1) It shall be the duty of the training officer:

(i) to organise and supervise the training of every person undergoing training under him in pursuance of these rules;

(ii) to recognize current competency and prior learning in establishing the training needs;

(iii) to ensure training as per the modules or curriculum prepared under the training scheme for different categories of persons and ensure that the instructors deliver lectures on standard course material;

(iv) to maintain records of the training given to every person and to furnish monthly reports to the mine manager on the progress of the persons undergoing training;

(v) to maintain records of the supervision in respect of the practical training on actual operations and (vi) to discharge such other duties as may be necessary for the proper compliance of these rules.

(2) Every training officer shall keep a record of his work and shall, at the end of every year, forward to the Chief Inspector-cum-facilitator or Inspector-cum-facilitator having jurisdiction over the training centre, through the owner, agent or manager of the mine or the owner of a common or approved training centre as the case may be, a summary of the report of his work during the year.

153. Instructors.— The owner or agent of a mine or the owner of a common or approved training centre as the case may be, shall appoint sufficient number of instructors having qualification and experience to impart training in Vocational Training Centre.

Provided that, in special circumstances, officials may be called for from the mines, to deliver lectures and demonstrations at the training centre.

154. Trainers.— For the purpose of the practical training referred to in these rules, every person to be employed in a mine shall be placed under the direct supervision of an experienced person of an appropriate category, employed on operations and authorized by manager hereinafter referred to as trainer.

155. Qualification of instructors and trainers.—

(1) No person shall function as an instructor or trainer unless he possesses qualification, training and experience as specified by the Board of Vocational training and notified by the Chief Inspector-cum-facilitator from time to time.

(2) Instructors and Trainers shall be skilled and experienced having aptitude required for training job. 156. Duties of Instructor.— The instructor shall:-

(i) assess employees competency and deliver lecture on standard course material;

(ii) maintain records of training given to every person and to furnish weekly report to the training officer on the progress of the persons undergoing training.

157. Duties of trainer and persons undergoing training.—

(1) The trainers shall be responsible for the safety of the persons undergoing training under him.

102 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(2) The trainer shall see that the persons put under his charge for training, pick up work, understand the dangers inherent in the job and develop habits, which would ensure safety in mines.

(3) The trainer shall see that the persons undergoing training, move within the mine along with him.

(4) Every trainer shall see that the persons undergoing training under him, is aware of escape route from the sections where he is likely to work and other emergency response applicable to the trainee.

(5) Every person undergoing training shall, whilst under training, comply with the directions of the trainer under whom he is put in charge.

158. Training allowance.—

(1) Every trainer shall, in addition to his normal wages, be paid by the owner, agent or manager of a mine, a training allowance for every day a trainee has worked under his supervision as prescribed by the Board of Vocational training and notified by the Chief Inspector-cum-facilitator.

(2) Every Instructor, other than the instructor under regular appointment at the training centre shall, in addition to his normal wages, be paid by the owner, agent or manager a training allowance for every day he has imparted training in Vocational Training Centre, as prescribed by the Board of Vocational training and notified by the Chief Inspector cum-facilitator.

159. Certificate of training.—

(1) Every person who undergoes a course of training specified in these rules shall, on completion of the training be assessed and subject to acceptable performance of the trainee, he shall be granted a certificate duly signed by the training officer, in form to be notified by the Chief Inspector-cum-facilitator.

(2) Where the training officer is not satisfied with the progress or performance of any trainee, he shall report the same to the manager of the Mine, who may arrange to give him further training.

(3) The Manager of every mine shall counter sign and specify date on the certificate after being satisfied of the successful completion of training.

160. Certificate to be delivered to the Management.— (1) Every person employed in a mine shall – (i) if he has obtained training certificates prior to such employment; and

(ii) if he has obtained certificates during the course of employment, within such time as may be specified by the manager of the mine, deliver the certificate issued to him under these rules, to the manager of the mine who shall keep the certificate in safe custody and issue a receipt for the same.

(2) On the termination of employment, certificate deposited under sub-rule (1) shall be returned to the employee.

161. Inspection of Vocational Training Centre.— The Chief Inspector-cum-facilitator or other Inspector-cum facilitator, authorised by him in his behalf or the Inspector-cum-facilitator may enter, inspect and examine any training centre or any part thereof and make such examination or inquiry as he thinks fit in order to ascertain whether the provisions of these rules and of any orders made there under are being complied with.

162. Notice of closure or discontinuance of Vocational Training Centre.— When it is intended to close a training centre established under these rules or to discontinue the working thereof for a period exceeding sixty days, the owner, agent or manager of a mine or the owner of a common vocational training centre as the case may be, shall give a notice in the manner and form as may be notified by the Chief Inspector-cum-facilitator for the purpose, to the Chief Inspector-cum-facilitator and the Inspector-cum-facilitator stating the reasons for such closure or discontinuance, not less than thirty days before such closure or discontinuance:

Provided that the owner or the agent or the manager of the mines shall give notice forthwith when on account of unforeseen circumstances a training centre is closed or discontinued before the said notice has been given or without previous intention the discontinuance extends a period of sixty days.

163. Onus as to age under Section 117.-The Medical Authority shall be a medical practitioner as defined under Section 42 of the Code, who possesses any recognised medical qualification as defined in THE NATIONAL MEDICAL COMMISSION ACT, 2019 ( 30 OF 2019) and who is enrolled on a Indian Medical Register as defined in clause (e) and on a State Medical Register as defined in clause (l) of section 35, 36, 37 and 40 of the Code.

164. Procedure of inquiry and other related matters under sub-section (4) of section 121.-

(1) Wherein any workplace an accident causing death or serious bodily injury takes place or there is an occurrence of any dangerous occurrence or cases of any occupational disease as specified in the Third Schedule to the code has been reported or is suspected to have been contracted, the central government, as the case may be, appoint one or more persons possessing legal or special knowledge to act as assessors or competent persons in such inquiry in order to inquire into the causes of the accident or occupational disease.

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 103

(2) The competent person appointed under sub-rule (1) shall carry out the inquiry into the causes of the accident or dangerous occurrence alongwith identification of the hazardous condition for which he has reasonable evidence to conclude and to be recorded in writing in the inquiry report, has caused the accident or the dangerous occurrence and also identify the persons which he believes, based on his findings, to be responsible for such occurrence.

(3) The inquiry report shall contain conclusive findings of the inquiry alongwith the recommendations for prevention of such accidents or dangerous occurrences or occupational diseases containing suggestions for implementation to prevent re-occurrence.

(4) In case of dock work, any competent person appointed by the Central Government for the purposes of inquiring into the causes of any accident, dangerous occurrence or occupational diseases connected with the dock work under the provision of section 121of the Code shall make the inquiry in the following manner:

(a) date, time and place of holding the inquiry shall be fixed and may be varied, notice of which shall be given not less than 30 days in writing of such date, time and place to every person entitled to appear at the inquiry whose name and address are known to the competent person:

Provided that,—

(i) with the consent of all such persons, the competent person may give such lesser period of notice as shall be agreed to with those persons; and

(ii) where it becomes necessary or advisable to vary the time or place fixed for the inquiry, the competent person shall give such notice of the variation as may appear to it to be reasonable in the circumstances.

(b) The notice given under paragraph (a) of this rule shall state the name of the competent person and the names of assessors, if any, appointed to assist the competent person in the inquiry.

(c) Without prejudice to the foregoing provisions of this rule, the competent person shall also for the purpose of notifying to the persons who may in any way be concerned with the subject-matter of the inquiry, take one or more of the following steps, namely:—

(i) publish notice of the inquiry in one or more newspapers, including where appropriate, newspapers circulating in the locality/area in which the subject-matter of the inquiry arose; and

(ii) give such other notice of the inquiry as appears to the competent person to be appropriate; and the requirements as to the period of notice contained in paragraph (a) of this rule shall not apply to any such notices.

165. Persons to appear at inquiry.—(1) The person entitled to appear at the inquiry shall be— (a) any competent person under section 2(l);

(b) any enforcing authority concerned;

(c) any employers‘ association or trade union of employees;

(d) any person who was injured or suffered damage as a result of the accident, occurrence, situation, disease or other matter which is the subject of the inquiry, or his representative;

(e) the owner of any premises in which the accident, occurrence, situation or other matter occurred or arose;

(f) any person carrying on work giving rise to the accident, occurrence, situation or other matter which is the subject of the inquiry; and

(g) any other person at the discretion of the appointed competent person.

(2) The following shall represent at the inquiry, namely:—

(a) a corporate body may be represented by its secretary or by any other officer appointed for the purpose, or by counsel or solicitor;

(b) a Government department, an employers‘ association or a trade union may be represented by a counsel or a solicitor;

(c) where there are two or more persons having a similar interest in the matter under inquiry, the competent person may allow one or more persons to appear for the benefit of some or all persons so interested.

(3) The competent person appointed by the Central Government under section 121 of the Code, may, either of his own motion or on the application of any person entitled or permitted to appear, cause to be served on any person appearing to him to be likely to be able to give material evidence or to produce any document likely to be material evidence, a notice requiring that person to attend at the inquiry at the time and place specified in the notice to give evidence or produce the document.

104 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(4) A person on whom a notice is served under sub-rule (3) may apply to the competent person either at or before the inquiry to vary or set aside the requirement, and where he does so before the inquiry, he shall give notice of his application to the person, if any, who applied for the notice under sub-rule (3) to be served.

(5) Except as otherwise provided in these rules, the procedure at and in connection with an inquiry shall be at the discretion of the competent person who shall state at the commencement of the hearing the procedure which, subject to consideration of any submission by the persons appearing at the inquiry, he proposed to adopt and shall inform those persons what he proposes as regards any site inspection arising out of the hearing.

(6) In case of mines, the persons appointed to hold inquiry under section 121 shall hold the inquiry in public in such manner and under such conditions as the Court thinks most effectual for ascertaining the causes and circumstances of the accident or other occurrences and for enabling the Court of inquiry to make the report.

(7) If a court of inquiry finds that the accident was due to any carelessness or negligence on the part of the management, the court may direct the recovery of the expenses of such court including any expenses incurred with the previous sanction of the court and any other expenses connected with the enquiry which the court may direct as recoverable from the owner of the mine concerned, in such manner and within such time as the court may specify.

(8) The amount directed to be recovered under sub rule (1) may, on application by the Chief Inspector-cum-facilitator or an Inspector-cum-facilitator to the concerned authority, be recovered from the owner or employer or occupier.

(9) An Inspector-cum-facilitator nominated in this behalf by the central government, shall act as the Secretary to the Court of inquiry.

(10) The inquiry or the survey, as the case may be, shall be completed and submitted to the central government, within a period of three months from the date of the order through which it is constituted.

166. Procedure of survey and other related matters under sub-section (4) of section 121.-

The Central Government may direct DGOSH or DGMS or any other institution under the control of the central Government, to appoint a committee to undertake a survey on the situation relating to safety and health at work at any workplace or class of workplaces or into the effect of work activity on the health of the employees and other persons within and in the vicinity of the workplace in the following manner:

(a) A committee to be constituted by DGOSH or the institution under the chairmanship of DGOSH for carrying out the survey.

(b) The committee shall carry out the survey with a view to finding out the status of safety and health at work the workplace and its effect on the workers.

The report of the committee shall be of status of an inspection report and contain conclusive findings of the survey alongwith the recommendations for improving the status of occupational safety and health for prevention of accidents or dangerous occurrences or occupational diseases and containing suggestions for implementation therefor compliance of which shall be ensured by the inspector-cum-facilitator, as the case may be.

CHAPTER XII

OFFENCES AND PENALTIES

167. Manner of compounding of offences by the authorized officer specified under sub-section (1) of section 114.-(1) The officer notified by the Central Government for the purposes of compounding of offences under sub-section (1) of section 114 shall issue electronically a compounding notice for the offences for which are compoundable under section sub-section (1) of section 114.

(2) The person so noticed may apply to the officer electronically and deposit the entire compounding amount by electronic transfer or otherwise, within fifteen days of the receipt of the notice.

(3) The Compounding Officer shall issue a composition certificate within ten days of receipt of the composition amount, to such person from whom such amount has been received in satisfaction of the composition notice.

(4) If a person so noticed fails to deposit the composition amount within the one months before the institution of prosecution, the prosecution shall be proceeded with before the competent Court.

(5) no prosecution shall be instituted without giving an opportunity to the employer to comply with such provisions subjected to proviso of sub-section (1) of Section 110 and compounding as under Section 114.

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 105

FORM-I

(See Rule-3)

Application for Registration for existing establishments/New Establishment/Amendment to certificate of Registration

A. Establishment Details.

1. Retrieve details of Establishment through LIN:

2. Name of Establishment:

3. Location and Address of the Establishment:

4. Others details of Establishment:

a. Total Number of employees engaged directly in the establishment:

b. Total Number of the contract employees engaged:

c. Total Number of Inter-State Migrant workers employed:

5 (a) For factories:

Details of the manufacturing process

Full postal address and

situation of the factory along with plan approval details

Name and address of the occupier and

manager

Maximum number of workers to be employed on any day

1

2

3

4

5 (b) For mines:

Name of

Mineral(s)

Lease extent of the mine (in Acres)

Name and address of the owner

Average Monthly output, targeted (Tonne)

Maximum number of persons to be employed on any day

1

2

3

4

5

5 (c) For Dock work:

Name of dockWork / Major Port

Types of Dock Works

Name of the Cargo

handled and stored

along with quantity

Name of the

chemicals handled and stored along with quantity

Name of the

hazardous

chemicals handled and stored along with quantity

1

2

3

4

5

5 (d) For building and other construction work:

Type of Construction

work

Probable period of

commencement of work

Expected period for

completion of work

Details of approval of the local authority

1

2

3

4

6. Ownership Type/Sector:

7. Activity as per National Industrial Classification:

8. Details of Selected NIC Code:

9. Identification of the establishment e-sign/ digital sign of employer/ representative:

B. Details of Employer:-

1. Name & Address of Employer / Occupier / Owner/Agent/ Chief Executive/ port authorityetc : 2. Designation :

106 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

3. Father‘s/ Husband‘s Name of the Employer :

4. Email Address, Telephone& Mobile No :

C. Manager/ Agent Details

1. Full name & Address of Manager/ Agent or person responsible for supervision and control of the Establishment

2. Address of Manager/ Agent:

3. Email Address, Telephone& Mobile No :

D. Contractor Details

Name and

Address

Contractor

Email address&

Mobile of Contractor

Name of Work

Maximum No. of

Contract labour

engaged

Date of

Commencement /

Probable date of

Completion of work

1

2

3

4

5

E. Others Details:-

Signature/ E-sign/digital sign of employer

Dated:-

Place;-

FORM-II

(See Rule-3(1))

Certificate of Registration of Establishment

Registration No. Date

A Certificate of registration containing the following particulars is hereby granted under sub section (2) of section 3 of the Occupational Safety, Health and Working Conditions Code, 2020 (….of 2020)

to…………………………………….. (Name of the establishment)

1. Nature of work carried on in the establishment (Please tick mark)

(a) Factory (b) Mining

(c) Dock work (d) Contract Work

(e) Building and Other Construction Works (f) any other work (not covered above) 2. Details of the establishment:

a. Total Number of employees engaged directly in the establishment:

b. Total Number of the employees engaged through contractor ………..

c. Total Number of Contractors and their details:

c. Number of inter-state migrant workers engaged:

3 (a) For factories

Details of the manufacturing process

Full postal address and situation of the factory along with plan approval details

Name and address of the occupier and manager

Maximum number of

workers to be employed on any day

1

2

3

4

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 107

3 (b) For mines

Name of

Mineral(s)

Lease extent of the mine (in Acres)

Name and address of the owner

Average Monthly output, targeted

(Tonne)

Maximum number of persons to be employed on any day

1

2

3

4

5

3 (c) For Dock work

Name of Dock

Work / Major Port

Types of Dock Works

Name of the Cargo

handled and stored

along with quantity

Name of the

chemicals handled and stored along with quantity

Name of the

hazardous

chemicals handled and stored along with quantity

1

2

3

4

5

3 (d) For building and other construction work

Type of Construction

work

Probable period of

commencement of work

Expected period for

completion of work

Details of approval of the local authority

1

2

3

4

4. Amount of registration fee paid…..

5. Remarks of registering officers

/Signature E -Sign/DSC of Registering Officer

along with designation

Place:

Date:

Conditions of Registration

(1). Every certificate of registration issued under rule 4 shall be subject to the following conditions, namely: (a). the certificate of registration shall be non-transferable;

(b) the number of workers employed in an establishment directly and contract employees shall not, on any day, exceed the maximum number specified in the certificate of registration; and

(c) Save as provided in these rules, the fees paid for the grant of registration certificate shall be non refundable.

(2) The employer shall intimate the change, if any, in the number of workers or the conditions of work to the registering officer within 30 days

(3) The employer shall, within thirty days of the commencement and completion of any work, intimate to the Inspector-cum-Facilitator, having jurisdiction in the area where the proposed establishment or as the case may be work is to be executed, intimating the actual date of the commencement or, as the case may be, completion of establishment such work in Form IV annexed to these rules electronically.

(4) A copy of the certificate of registration shall be displayed at the conspicuous places at the premises where the work is being carried on.

108 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

FORM-III

(See Rule-3(8))

Register of Establishment

SI.

No

.

Nature of work

Registration No. and Date

Name and

Address,

location of the establishment registered

Name,

Address

and

Contact

Details of

Employer

Total number of Workers

and Total

Horsepower ( if any)

Total

number

of

contract

Workers

Remarks

1

2

2

3

4

5

6

(a) Factories

(b) Mines

(c) Dock Work

(d) Building and other

Construction

work

(e) Contract work

(f) Interstate

Migrant Work

(g) Any other work (not

covered above)

FORM-IV

(See Rule-3(9) and Rule- 5)

A- Notice of Commencement / cessation of Establishment:

1. Registration No:

2. Name and Address of Establishment:-

3. Name & Designation of employer/ Port authority (who has ultimate control over the affairs of the establishment :-

4. Full address to which communication relating to the establishment to be sent :-

5. Nature of work of the establishment :-

6. In case of the notice is for commencement of work the approximate duration of work:-

7. in case of cessation, the date of cessation:

I/We hereby intimate that the work of establishment having registration No.

……………………………………………..dated …………………………………… is likely to commence/cessation is likely to be completed with effect from

……………………………………………………. (Date)/ On ………………………….. (Date) In case of cessation of work:

I/we hereby certify that the payment of all dues to the workers employed in the establishment have been made and the premises are kept free from storage of hazardous chemicals and substances.

Signature of the Employer

To,

The Inspector-cum-Facilitator

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 109

FORM-V

(Rule-6)

The medical examination shall be conducted by a qualified medical practitioner as per following proforma: A. Demographics:

Question

Answer

Remarks

Date:

Name of the Worker:

Age:

Permanent Address:

Gender:

Total Number of family Members:

Total monthly family Income:

Is the employee under ESI (Employees‘ State Insurance) Scheme? If yes, provide IP Number.

Yes/No

Is the employee under any other health scheme apart from ESI-Scheme? (If yes, provide the name of the scheme)

Yes / No

B. Occupational History

Question

Answer

Remarks

Present Designation:

Work Profile:

Duration of service in the present work profile:

Working Hours per shift:

Night Shift Per Week:

Night Shift per Month:

C. Brief Review of Medical History: Diagnosed previously or currently under treatment or Currently suffering from

Question

Answer (Yes/No)

Remarks

Anaemia

Jaundice

Asthma

COPD

History of Any other Lung Disease: (If Yes, Please Specify)

Vertigo/Dizziness

Diabetes Mellitus

Hypertension

Any Cancer (If Yes, Please Specify the Cancer)

Chronic Low Back Pain

Chronic Pain in hand or Elbow

Hernia

110 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Hydrocele

Varicose Vein

Haemorrhoids

History of amputation/fracture/dislocation injury during work (If Yes, please specify)

Dermatitis (If Yes, specify Site)

Hearing Impairment

Visual Impairment

Any Major Illness requiring hospitalization in last 1 year (If Yes, Name of the Disease)

Occupational Injury in Last 1 year: if yes Specify the Location of injury and frequency

D. Current Symptoms-Diseases Module

Question

Answer (Yes/No)

Remarks

Smoking habit

Chewing Tobacco or Pan Masala or Gutkha:

Alcohol Addiction

Dermatosis (Irritant Contact

Dermatitis/Eczema/Chloracne/Allergic Contact Dermatitis):

Mucosal Irritation of eyes/Nose/Throat with response to chemical agent or biological agent:

Symptoms like Respiratory Difficulty/ Chest Tightness/ Dry Cough at beginning of shift:

Currently suffering from TB:

Jaundice or Hepatitis:

Currently suffering from Low Back Pain

Currently suffering from Pain in hand or Elbow:

Currently suffering from Visual Problems

Currently suffering from Hearing Problems

Any current injury (amputation/ fracture/ dislocation)

Any current musculoskeletal sprains/ strains

E. Physical Examination

Date of Examination:

Question

Answer (Yes/No) or as

appropriate

Remarks

General Skin Condition: (If Any Dermatitis, please mention its location)

Weight (in Kg):

Height (in Meter)

Temperature (0F):

BP:

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 111

Pulse:

SpO2:

Respiratory Rate:

Examination of Breast of female-employee

F. Investigation Report

∙ Routine Blood Investigation: Attach the photocopy of the report

∙ Blood Grouping & Rh Typing and HB Electrophoresis Once in a lifetime

Parameter

Answer

(Normal/Increase/Decrease)

Value

Hb%:

Total WBC Count and Differential Count:

Platelet Count:

ESR:

FBS:

PPBS:

HBA1C level

BUN:

Creatinine:

Total Protein

Albumin

Globulin

SGOT

SGPT

Bilirubin

Urine RE

Urine ME

Prostate Specific Antigen (PSA)

G. Standard Chest X Ray (PA) View: attach the photocopy of the report

Date:

Parameter

Answer (Normal/Abnormal)

Value ( if any importance)

Report

Report:

H. Spirometry: attach the photocopy of the report (For mine employee)

Date:

Parameter

Answer

(Normal/Increase/Decrease)

Value

PEFR:

FEV1:

Observed:

112 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Predicted:

FVC:

Observed:

Predicted:

FEV1/FVC:

Final Report: Normal / Obstructive Lung Disease/ Restrictive Lung Disease/ Mixed Lung Diseases

I. Audiometry (Pure Tone / BERA): attach the photocopy of the report (For Mine Employee) Date:

Parameter

Value/Result/Interpretation

Visual inspection of Eye for any abnormality like wax in external ear, infection etc

Right Ear Hearing Threshold:

Left Ear Hearing Threshold:

Final Report preferable based on BERA:

Right Ear:

Left Ear:

J. Eye Examination: attach the photocopy of the report

Date:

Parameter

Value/Result/Interpretation

Visual inspection of Eye for any abnormality like corneal opacity/scaring, cataract etc.

Visual Acuity: Right

Visual Acuity: Left

Colour Vision

Field of Vision

Binocularity

Lateral Phoria

Vertical Phoria

Stereoscopic Vision and Depth Perception Testing

Fundus (Retina) examination

K. 12 lead ECG and Echocardiography:

Final Report:

L. MEDICAL FITNESS TESTS FOR PERSONS WORKING AT HEIGHT (as may be applicable):

1. Detailed Medical History and in-Depth General Medical Examination including tests for Vision, Hearing, Musculoskeletal System, Respiratory System, Cardiovascular System etc.

As applicable to all employees

2. Special Examination

a) Cardiovascular

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 113

Uncontrolled hypertension or ischemic heart disease will be a contraindication. In the presence of hypertension and abnormal ECG findings, the employee should be referred to a Cardiologist for fitness.

b) Tests for Labyrinthine functions and for sense of position Eye Examination for Bilateral Nystagmus, Romberg sign. The presence of bilateral nystagmus and a positive Romberg sign will be an absolute contra-indication. c) Neurological examination Evaluate seizure disorders: CT Scan of Brain and E.E.G if indicated d) Assessment of Diabetic Control Status:

(in case of employees suffering from Diabetes Mellitus)

e) Assessment of Phobia (Acrophobia) and any other Mental Health Disorder like Anxiety or Depression d) Evaluation for Vertigo and Dizziness

For use of Industrial Safety Section:

Walking freely over a horizontal bar at 1 ft. height: PASS / FAIL

Wearing a safety belt and tying the rope knot: PASS/ FAIL

Walking over a horizontal structure at 9 ft. height wearing a belt: PASS/ FAIL

General physique (O.K./NOT O.K): PASS/ FAIL

M. Any other information/examination/biological investigation/test as mutually agreed by the employer and qualified medical practitioner.

FORM-VI

(See Rule-8)

NOTICE OF ACCIDENT OR DANGEROUS OCCURRENCE

E.S.I.C. Employer’s Code number : E.S.I.C. Insurance

Number of the injured person :

1. Name of employer :

2. Address of works / premises

where the accident or dangerous

occurrence took place :

3. Nature of industry and

LIN of the establishment :

4. Branch or department and

exact place where the accident or

dangerous occurrence took place :

5. Name and address of the injured person :

6. (a) Sex :

(b) Age (at the last birthday) :

(c) Occupation of the injured person :

7. Local E.S.I.C. Office to which the

injured person is attached :

8. Date, shift and hour of accident

or dangerous occurrence :

9. (a) Hour at which the injured person

started work on the day of

accident or dangerous occurrence :

(b) whether wages in full or part are

payable to him for the day of the

accident or dangerous occurrence :

10. (a) Cause or nature of accident

or dangerous occurrence :

114 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(b) If caused by machinery-

(i) Give the name of machine and

the part causing the accident

or dangerous occurrence :

(ii) state whether it was moved

by mechanical power at the time of

accident or dangerous occurrence :

(c) State exactly what the injured person

was doing at the time of accident

or dangerous occurrence :

(d) In your opinion, was the injured

person at the time of accident or

dangerous occurrence -

(i) acting in contravention of provisions

of any law applicable to him; or

(ii) acting in contravention of any orders

given by or on behalf of his employer; or

(iii) acting without instructions

from his employer?

(e) In case reply to (d) (i), (ii) or (iii)

is in the affirmative , state whether

the act was done for the purpose

of and in connection with the

employer‘s trade or business. :

11. In case the accident or dangerous

occurrence took place while

travelling in the employer‘s

transport, state whether -

(a) the injured person was

travelling as a passenger

to or from his place of

of works; :

(b) the injured person was travelling

with the express or implied

permission of his employer; :

(c) the transport is being operated

by or on behalf of the employer or some

other person by whom it is provided in

pursuance of arrangements made with

the employer; and :

(d) the vehicle is being/not being

operated in the ordinary course

of public transport service :

12. In case the accident or dangerous

occurrence took place while meeting

emergency, state- (a) its nature ; and

(b) whether the injured person at the time

of accident or dangerous occurrence was

employed for the purpose of his employer‘s

trade or business in or about the premises

at which the accident or dangerous

occurrence took place. :

13. Describe briefly how the accident or

dangerous occurrence took place :

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 115

14. Names and addresses of

witnesses : (1)

(2)

15. (a) Nature and extent of injury

(e.g. fatal, loss of finger,

fracture of leg, scald, scratch

followed by sepsis, etc.) :

(b) Location of injury (e.g. right leg,

left hand, left eye, etc.)

16. (a) If the accident or dangerous

occurrence was not fatal, state

whether the injured person was

disabled for more than 48 hours :

(b) date and hour of return of work :

17. (a) Physician, dispensary or hospital from

whom or which the injured person

received or is receiving treatment :

(b) Name of dispensary/panel doctor

elected by the injured person :

18. (a) Has the injured person died ? :

(b) If so, date of death :

I certify that to the best of my knowledge and belief the above particulars are correct in every respect.

Signature and Name and Designation of owner/ employer /manager/agent Date of dispatch of report :

Place:

FORM-VII

[See Rule-57]

NOTICE OF PERIODS OF WORK

Name of the Establishment…………………………Place…………………………………District……………………

Periods of

work

Groups,

Relays

Men

Women

Description of

Groups,

Nature

of work

Remarks

Total no. of men employed

Total no. of women employed

A

B

C

D

E

F

G

H

1

2

3

1

2

3

1

2

3

1

2

3

1

2

3

1

2

3

1

2

3

1

2

3

On working days

From ..

To ..

From ..

To ..

From ..

To ..

On partial

116 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Working days

From ..

To ..

From ..

To ..

Date on which this notice is first exhibited : Signature of manager or agent : Date :

FORM-VIII

(See Rule-58)

REGISTER OF WORKERS EMPLOYED IN AN ESTABLISHMENT, WAGES, OVERTIME, FINE, DEDUCTION FOR DAMAGE OR LOSS

Register of Wages, Overtime, Fine, Deduction for damage and Loss

Name of the Establishment: Name of the Employer: Name of the Owner: PAN/TAN of the Employer:

Labour Identification Number (LIN):

Sr. no. in

Employee Register

Name of

the

employee

Designation /

Department

Duration of Payment of Wages

(Monthly/Fortnightly

/Weekly/Daily/Piece rated)

Wage

Period

From

To

Total

no. of

days

worked during

the

period

Total

overtime

(hoursworked or production in case of

piece

workers)

Rates of wages

Basic

DA

Allowances

1

2

3

4

5

6

7

8

9

10

Overtime

earning

Nature of acts and omissions for which fine imposed with date

Amount of fine

imposed

Damage or

loss caused to the employer by neglect or default of the employee

Amount of

deduction

from wages

Total

amount of wages

paid

Date of

Payment

Attendance

Date

Signature

11

12

13

14

15

16

17

18

19

FORM-IX

(See Rule-60)

ANNUAL RETURN

UNIFIED ANNUAL RETURN FORM

FOR THE YEAR ENDING……..

Single Integrated Return to be filed On-line under the Occupational Safety, Health and Working Conditions Code, 2020, the Code on Industrial Relations, 2020, the Code on Social Security , 2020, and the Code on Wages, 2019

Instructions to fill up the Annual Return

(1) This return is to be filled-up and furnished on or before 28th or 29th February every year.

(2) The return has two parts i.e. Part-I to be filled up by all establishments.

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 117

(3) Part-II to be filled-up by the establishments who are a Mine only in addition to Part-I.

(4) The terms Establishment and Mines shall have the same meaning as under the Occupational Safety, Health and Working Conditions Code, 2020.

(5) This return is to be filled-up in case of Contractor or manpower supplier who have engaged more than 50 workers and in case of Mines even if there is one worker employed in the relevant period.

Applicable to All Establishments - Part-I

A. General Information:

Sl. No.

Instructions for filling the column

1.

Labour Identification

Number

EPFO, ESIC, MCA, MoLE (LIN)

2.

Period of the Return

From - To-

Period should be calendar year

3.

Name of the Establishment

4.

Email ID

5.

Telephone No.

6.

Mobile number

7.

Premise name

8.

Sub-locality

9.

District

10.

State

11.

Pin code

12.

Geo Co-ordinates

B(a).

Hours of Work in a day

B(b).

Number of Shifts

C. Details of Manpower Deployed

Details

Directly employed

Employed through Contractor

Grand Total

Skill Category

Highly Skilled

Skilled

Semi

Skilled

Un

Skilled

Highly Skilled

Skilled

Semi

Skilled

Un

Skilled

(i) Maximum No. of employees employed in the establishment in any day during the year

Male

Female

Transgender

Total

Male

Female

Transgender

Total

(ii) Average No. of employees employed in the establishment during the year

Male

Female

Transgender

Total

Male

Female

Transgender

Total

(iii) Migrant Worker out of (ii) above

Male

Female

Transgender

Total

Male

Female

Transgender

Total

(iv)Number of fixed term employee engaged

Male

Female

Transgender

Total

Male

Female

Transgender

Total

D. Details of contractors engaged in the Establishment:

Sl. No.

Name with LIN of the Contractor

No. of Contract Labour Engaged

E. Details of various Health and Welfare Amenities provided.

118 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Sl.

No.

Nature of various welfare amenities provided

Statutory (specify the statute)

Instructions for filling

1.

Whether facility of Canteen provided (as per section 24(v) of OSH Code, 2020)

Tick yes or no in the box

Applicable to all establishments where in hundred or more worker including contract labour were ordinarily employed

2.

Crèches (as per section 67 of Code on Social Security Code, 2020 and Section 24 of the OSH Code 2020)

Tick yes or no in the box

Applicable to all establishments where fifty or more workers are employed

3.

Ambulance Room (as per section 24(2)(i) of OSH Code, 2020)

Tick yes or no in the box

Applicable to mine, building and other construction work wherein more than five hundred workers are ordinarily employed

4.

Safety Committee (as per Section 22(1) of OSH Code, 2020.

Tick yes or no in the box

Applicable to establishments and factories employing 500 workers or more, factory carrying on hazardous process and BoCW employing 250 workers or more, and mines employing 100 or more workers.

5.

Safety Officer (as per section 22(2) of OSH Code, 2020)

No. of safety officers appointed

In case of mine 100 or more workers and in case of BoCW 250 or more workers are ordinarily employed.

6.

Qualified Medical Practitioner (as per Section 12 (2) of OSH Code 2020.

No. of Qualified Medical Practitioner appointed.

There is no specification for minimum number of Qualified Medical Practitioner employed in establishment. However, this detail is required to have data on occupational health.

F. The Industrial Relations:

Instructions for filling

1.

Is the Works Committee has been functioning. (section 3 of IR Code, 2020)

Yes/No

Industrial establishment in which 100 or more workers are employed

(a)

Date of its constitution.

2.

Whether the Grievance Redressal Committee constituted (section 4 of IR Code, 2020)

Yes/No

Industrial establishment employing 20 or more workers are employed

3.

Number of Unions in the establishments.

4.

Whether any negotiation union exist (Section 14 of IR Code, 2020)

Yes/No

5.

Whether any negotiating council is constituted (Section 14 of IR Code, 2020)

Yes/No

6.

Number of workers discharged, dismissed, retrenched or whose services were terminated during the year:

Discharged

Dismissed

Retrenched

Terminated or Removed

Grand

Total

7.

Man-days lost during the year on account of

Sl.

No.

Reasons

Period /

Date

No. of man

days lost

Loss in term of money

(a)

Strike

(b)

Lockout

8.

Details of retrenchment / lay off

Sl.

No.

No. of persons retrenched

during the

Details of payment paid to retrenched

No. of workers laid off during

No. of man-days lost due to lay-off

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 119

period

employees

the period

G. Details pertaining to maternity benefit:

No. of female employees

No. of female employees availed maternity leave

No. of female employees paid medical bonus

No. of deduction of wages, if any made from female employees

H. Details of payment of bonus:

Sl.

No.

No. of employees covered under the Bonus provision

Total amount of bonus actually paid

Date on which the Bonus paid

I. Details of accidents, dangerous occurrence and notifiable diseases:

Sl.

No.

Total number of accidents by which a person injured is prevented from working for a period of 48 hours or more as per Section 10 of the OSH Code, 2020.

Total number of fatal accidents and names of the deceased as per Section 10 of the OSH Code, 2020.

Total number of Dangerous Occurrences as defined under Section 11 of the OSH Code, 2020

Total number of cases of Notifiable Diseases specified in Third

Schedule of the OSH Code, 2020 along with the details of affected persons

J. Mandays and Production Lost due to accidents / dangerous occurrence

Sl.

No.

Accident/Dangerous

Occurrence

Mandays lost

Production Lost

ANNUAL RETURN FORM IN CASE OF MINES ONLY, Part II

Annual Returns for the year ending on the 31st December…………

1. Particulars of the mine

(i)

Type of organization*

(ii)

Type of ownership**

(iii)

Company name/ Owner name

(iv)

Type of mineral #

(v)

Name of mineral

(vi)

Type of mine##

(vii)

Degree of gassiness***

(viii)

Depth of working (Select for different workings)

(ix)

Date of opening

(x)

Date of closing (if any)

(xi)

Date of reopening (if any)

1.

120 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Note: * Mention: PSU Central/ PSU State /Private; ** Mention: firm/Association/Individual/

Company; *** Mention: I or II or III or NA; # Mention: Coal/Metal/Oil; ## Mention: Below Ground/Open Cast/ Above Ground/On Shore/Off Shore.

2. Statutory personnel employed in the mine

Sl.

No.

Designation#

No. Required

No. Available

Shortage/ Surplus

# Select Designation of all officials as mentioned in the respective Regulations

3. Employment Details (Each mine to fill only one table as per the Type of mine; Table A to be filled by Coal Mines, Table B to be filled by Metal Mines, Table C to be filled by Oil Mines)

Table A: Coal Mines

Classific ation

Departmental

Contractual

Total

No. Of persons

employed (on roll as on 31st December

Total mandays worked

Average daily number of persons employed

No. Of persons

employed (on roll as on 31st December

Total mandays worked Average daily number of persons employed

No. Of persons

employed (on roll as on 31st December

Mandays worked

(Departmental+

Contractual)

Average Daily

Employment

(Departmental +

Contractual)

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

(28)

(29)

(30)

(31)

(32)

(33)

(34)

(35)

(36)

(37)

(a)

Underg round

Officers

2.Overm en and

Sirdars

includin g

Electric

al and

Mechani cal

supervis ors

3.

Workers

4.

Others

5.

Undergr ound

Total

{a(1)+a( 2)+a(3)

+a(4)+

a(5)}

6. Maximum no. Of persons including contractual employees employed on any one day during the year ………..

Date:________

No. Of Persons:__________

a).

Openca st

1

Officers

2.Overm en and

Sirdars

includin g

Electric

al and

Mechani cal

Supervis ors

3.

Workers

4.

Others

1.

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 121

5.

Opencas t Total

{b(1)+b

(2)+b(3) +b(4)+b (5)}

6. Maximum no. Of persons including contractual employees employed on any one day during the year ………..

Date:________

No. Of Persons:__________

(b).

Aboveg

round

1.Office

rs

2.Cleric

al and

Supervis ory Staff

3.Others

4.Above ground

Total

{c(1)+c( 2)+c(3)

+c(4)}

5.

Grand

Total

{a(6)+b( 6)+c(4)}

6. Maximum no. Of persons including contractual employees employed (Underground +Opencast + Above ground) on any one day during the year ………..

Date:________

No. Of Persons:__________

Table B: Metalliferous Mines

Classific ation

Departmental

Contractual

Total

No. Of persons

employed (on roll as on 31st December

Total mandays worked Average daily number of persons employed

No. Of persons

employed (on roll as on 31st December

Total mandays worked

Average daily number of persons employed

No. Of persons

employed (on roll as on 31st December

Mandays worked

(Departmental+Contract ual)

Average Daily

Employment

(Departmental +

Contractual)

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

s

n

a

r

T

l

a

t

o

T

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

(28)

(29)

(30)

(31)

(32)

(33)

(34)

(35)

(36)

(37)

(a)

Undergr ound

Officers

2. Mine Foreman, Mining Mate,

Blaster, Electrical and

Mechani cal

superviso rs

3.

Workers

4. Others

5.

Undergro und Total {a(1)+a( 2)+a(3)+ a(4)+

a(5)}

6. Maximum no. Of persons including contractual employees employed on any one day during the year ………..

Date:________

No. Of Persons:__________

(a).

Opencas t

1

Officers

2.Mine

foreman, Mining Mate,

Blaster, Electrical Supervis or and

Mechani cal

Supervis or

3.

Workers

4. Others

5.

Opencast Total

{b(1)+b( 2)+b(3)+ b(4)+b(5) }

6. Maximum no. Of persons including contractual employees employed on any one day during the year ………..

Date:________

No. Of Persons:__________

122 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(a).Abov eground

1.Officer s

2.Clerica l and

Supervis ory Staff

3.

Worksho p/Plant

(includin g

workers in any

attached Factory)

4.Others

5.Above ground

Total

{c(1)+c( 2)+c(3)+ c(4)}

7 Grand Total

{a(6)+b( 6)+c(5)}

6. Maximum no. Of persons including contractual employees employed (Underground +Opencast + Above ground) on any one day during the year ………..

Date:________

No. of Persons:__________

Table C : Oil Mines

Classi

ficatio

n

Departmental

Contractual

Total

No. of persons

employed (on roll as on 31st

December

Total mandays

worked

Average daily

number of persons employed

No. of persons

employed (on roll as on 31st December

Total mandays

worked

Average daily

number of persons employed

No. of persons

employed (on roll as on 31st December

Mandays worked

(Departmental+Con tractual)

Average Daily

Employment

(Departmental + Contractual)

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

g

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

g

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

g

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

g

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

g

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

g

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

g

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

g

s

n

a

r

T

l

a

t

o

T

e

l

a

M

e

l

a

m

e

F

r

e

d

n

e

g

s

n

a

r

T

l

a

t

o

T

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

(28)

(29)

(30)

(31)

(32)

(33)

(34)

(35)

(36)

(37)

(a)

On

shore

1.

Office

r

2.

Super

visors

3.

Drillin g

servic

es

4.

Work

over/

Well

Servic

es

5. Fire Servic

e

6.

Others

7.

Grand Total

8. Maximum no. of persons including contractual employees employed on any one day during the year ………..

Date:________

No. of Persons:__________

(a)

Off

shore

1.Supe rvisors

2.

Cler

ks

3.

Drill

ing

4.

Offi

cer

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 123

5.Prod uction

6.

Engi

neerin

g

servic

es

7.Fire Servic

e

8.Wor

kover/ Well

Servic

es

9.

Othe

rs

10.Gra nd

Total

11. Maximum no. of persons including contractual employees employed on any one day during the year ………..

Date:________

No. of Persons:__________

4. Production of Mineral & Material Handled etc. (Each mine to fill only one table as per the Type of mine; Table A to be filled by Coal Mines, Table B to be filled by Metal Mines, Table C to be filled by Oil Mines)

Table A : Coal Mines

Figure in tonnes

Material handled in Cubic metre

)

Miner al

produ ced

Opening Stock on 1st Jan.

Coal Raised during the year

)

6

1

(

+

)

2

(

s

n

m

u

l

o

c

d

e

h

c

t

a

p

s

i

D

l

a

o

C

n

o

i

t

p

m

u

s

n

o

C

l

a

n

r

e

t

n

I

r

e

b

m

e

c

e

D

t

s

1

3

n

o

k

c

o

t

s

g

n

i

s

o

l

C

)

s

e

e

p

u

R

n

I

(

t

u

p

t

u

O

f

o

e

u

l

a

V

d

e

c

u

d

o

r

P

l

a

o

C

c

t

e

,

s

i

r

b

e

d

,

e

n

o

t

S

/

n

e

d

r

u

b

r

e

v

O

3

2

(

+

)

2

2

(

,

d

e

l

d

n

a

h

l

a

i

r

e

t

a

m

l

a

t

o

Underground

Openc ast

From

other

Sources

Sub

Total of (11)+

(13)+

(14)

Board & Pillar Method

Method other than Board & pillar (specify

methods………. )

Mechanisat ion

Semi

Mechanisat ion

Manu al

Sub

Total

(3 to

12)

t

n

e

m

p

o

l

e

v

e

D

g

n

i

r

a

l

l

i

p

e

D

n

o

i

t

a

r

e

p

O

l

a

n

i

F

s

A

g

n

i

t

t

i

l

p

S

.

t

n

e

m

p

o

l

e

v

e

D

n

o

i

t

c

a

r

t

x

E

)

r

e

,

l

n

l

i

a

M

w

s

g

u

n

o

o

u

L

(

n

i

d

t

e

n

s

i

o

n

C

a

h

d

c

n

e

a

l

M

l

a

y

l

w

l

t

u

r

F

o

h

S

,

l

l

a

w

t

r

)

o

r

d

h

e

s

e

n

s

i

i

,

l

n

l

M

a

a

s

h

w

c

u

g

e

o

n

u

m

o

l

n

i

i

t

m

n

n

e

a

o

S

h

t

C

r

e

h

t

o

(

T

g

n

i

v

a

C

g

n

i

w

o

t

S

(1)

(2)

(3)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

*

*

* Mention mineral: coal or lignite

Table B: Metalliferous Mines

Mineral Raised

Opening Stock on 1st Jan.

Output of the mineral during the year

Dispatches

Closing stock on 31st December

Metal extracted if any

Value of Mineral

Produced

Material handled in Cubic metre

Run of

Mine

(ROM)

Processed Mineral

Run of Mine (ROM)

Processed Mineral

Run of

Mine

(ROM)

Processed Mineral

Run of

Mine

(ROM) {Col

2+4+5-8}

Processed Mineral { Col 3+7-9}

Name

Quality

Unit

Value

d

e

c

u

d

o

r

P

l

a

r

e

n

i

M

,

d

e

e

n

l

o

d

t

n

S

a

/

h

n

e

c

t

d

r

e

u

,

s

b

i

r

r

e

b

v

e

d

O

)

8

1

l

(

a

i

+

r

e

)

t

7

a

1

(

m

,

l

d

a

t

e

l

o

d

T

n

a

h

Below

ground

Opencast

Total

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

124 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] Table C: Oil Mines

Item No.

Type of

Product

Opening Stock

on 1st Jan

Production

Values (in Rupees)

Dispatches

Closing Stock as on 31st Dec

To Refinery

To market

For in-house

Consumption

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

1.

Oil (in Metric Tonnes)

2.

Gas (in Metric Tonnes)

5. Explosive used:

Consumption of explosives

Underground

Opencast

Total

(a) Permitted explosives (Kg)

(ii) Non-Permitted explosives (Kg)

(iii) Total (i+ii)

(iv) Detonators (in Nos.)

6.Machinery and Equipment

a. Aggregate horse-power of machinery and equipment installed in the mine

Place

Electrical operated

machinery (KW/HP)

Oil/Natural gas/steam/any other (KW/HP)

Compressed air operated

machinery (KW/HP)

Total

(KWHP)

Underground*

Opencast*

Aboveground*

On shore*

Off Shore*

Total (HP)

*- Delete whichever is not applicable

b. Voltage(s) at which electricity is used for lighting and machinery

S.No

Voltage

Installed Capacity(KW)

c. Machinery used in underground mine (for coal & metal mines)

Winding Engine

Man-riding other than winding

Other

Transport

Coal/Ore

cutting/Ripping/

Shearing

Drilling and

Loading

Machines

Compressors and Pumping

Conveyors

Mechanical

Ventilator

(Underground)

/Aboveground

Coal

Handling/Mineral dressing Plant

Other

Machinery

Total

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

HP. No

HP

No.

HP

No.

HP

No.

HP

No.

HP

No

HP

No.

HP

No.

HP

No.

.

HP

No.

HP

No.

*- Delete whichever is not applicable

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 125

d. Machinery used in Opencast mine (for coal & metal mines)

Material

Transport

Other

Transport

Coal/Ore

cutting/Ripping/Shearing

Drilling

Machines

Loading

Machines

Compressors Conveyors

Pumping

Coal

Handling / Mineral

dressing

Plant

(Above

ground)

Other

Machinery

Total

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

No.

HP

No.

HP

No.

HP

No.

HP

No.

HP

No

HP

No.

HP

No.

HP

No.

HP

No.

HP

No.

HP

*- Delete whichever is not applicable

7. Details of drilling and other rigs, oil wells and gas wells and pipelines; exploration rigs & workover rigs (for Oil Mines):

a. Drilling and other rigs, oil wells and gas wells and pipelines:

Item

No.

Classification

Number of Rigs

Total No. of Rigs in use

Company

Owned

Hired

O & M

basis

1.0

Drilling, workover and other rigs

1.1

Drilling

1.2

Workover

2.0

Oil, gas and other wells

2.1

Wells drilled

2.2

Wells abandoned

2.3

Gas wells completed

2.4

Oil wells completed

2.5

Gas wells on production

2.6

Oil wells on production

2.7

Oil wells where production discontinued

3.0

Pipelines

Length (in meters)

Diameter (in

meters)

3.1

Flow lines laid from wells to gathering station

3.2

Pipelines laid from gathering station to central processing & storage tanks

3.3

Others (specify)

b. Exploration rigs & Workover rigs

Exploration rigs:

Workover rigs:

Name of the drilling- rig

Date of

commissioning

Number of wells drilled during

the year

Total meters drilled since its

commissioning

Name of the

workover rig

Date of

commissioning

Description of work done during the year

126 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

8.0 Medical Examination & Training

8.1 Initial/periodical medical examination (IME/PME) conducted during the year

Number of persons employed

Number of persons required to undergo IME

Number of persons undergone IME

Number of persons required to undergo PME

Number of persons

undergone PME

Number of persons declared medically unfit

Number of persons given special/higher medical treatment

Depart mental

Cont ractual

TotalDepart mental

Cont ractual

Total

Depart mental

Cont ractual

Total

Depart mental

Cont ractual

Total

Depart mental

Cont

ractual

Total

Depart mental

Cont

ractual

Total

DepartmentalContractual Total

8.2 Occupational diseases

Sl No.

Disease Name

No. of cases

Departmental

Contractual

1.

*

2.

*

Total

Note: * Mention diseases specified under Third schedule of the OSH & WC Code, 2020 connected with mining operations, whichever is applicable.

8.3 Vocational training imparted during the year

Number of persons employed

Number of persons required to undergo Basic Vocational

Training

Number of persons imparted Basic

Vocational Training

Number of persons required to undergo Refresher Training

Number of persons imparted Refresher Training

Number of persons imparted special

Training

Depart

ental

Contrac tual

Total

Depart

ental

Contrac tual

TotalDepartm ental

Contrac tual

TotalDepartm ental

Contrac tual

Total Departm ental

Contrac tual

Total Departm ental

Contrac tual

Total

9.0 Accident and Dangerous Occurrence statistics

Fatal Accidents

Serious Accidents

Reportable

Accidents

Minor Accidents

Dangerous Occurrences

No. of

accidents

No. of

persons killed

No. of

persons

seriously injured

No. of

accidents

No. of

persons

seriously injured

No. of

accidents

No. of

persons Injured

No. of

accidents

No. of

persons

Injured

No. of

Occurrences

Nature of

Occurrence#

Underground*

Opencast*

Aboveground*

On Shore*

Off shore*

Total

*- Delete whichever is not applicable; #- Select from List of Dangerous occurrence given in Mines Regulations

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 127

10. Safety Management Plan:

A. Review, audit and SOP:

(i) Last date of review of Safety Management Plan:

(ii) Last date of audit of Safety management Plan:

(iii) No. of SOP framed and implemented as per Safety Management Plan:

B. Principal Hazard Management Plan:

Sl. No.

List of principal

hazards identified

Principal hazard

mitigation date as per Safety Management Plan

Status of principal hazard as on 31st

December**

Remarks in case principal hazard has not been

mitigated till date with reasons for failure to

mitigate the same

1.

*

2.

*

3.

*

Note : Add rows as per requirement; * Mention principal hazards; ** Write ―Mitigated‖ or ―Not Mitigated‖ 11. Mines Rescue Station:

(i) Location of the Mines Rescue Station:

(ii) Address of the Mines Rescue Station:

(iii) Name of the Superintendent of Mines Rescue Station:

(iv) Postal address, email ID and Mobile Number of the Superintendent of Mines Rescue Station: (v) Details of equipment/apparatus and personals

Type of equipment/Apparatus provided in Mines Rescue

Stations/Mines Rescue Rooms

Number

provided

Personals

Number provided

Superintendent

Instructors

Rescue brigades

Number of Rescue Rooms

Rescue room in-charge

Number of underground mines served by the rescue station

Number of rescue trained persons

Number of rescue trained persons given refresher practice

Number of rescue trained persons medically examined

(vi) Particulars of emergencies attended:

Certified that the tables in prescribed format are duly filled in and information and/ figures given in all the tables are correct to the best of my knowledge.

Signature of Owner/Agent/Manager with seal

Place:

Dated:

128 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

FORM-X

(See Rule-61)

REGISTER OF ACCIDENTS AND DANGEROUS OCCURRENCES

Name of

Injured person (if any)

Date of

Accident or

dangerous

occurrence

Date of report to Inspector

cum-Facilitator

Nature of accident or dangerous

occurrence

Date of return of injured Person

to work

Number of days the injured

Person was absent from work

1

2

3

4

5

6

FORM-XI

[See Rule-62]

REGISTER FOR LEAVE WITH WAGES

Part I - Adults

Part II - Adolescents

Establishment: Name of worker : Department : Father’s Name:

Sl.

No

Sl.no. in the

register

of workers

Date

of

entry

into

service

Interruptions

Leave

due

with

effect

from

Whether

leave not

desired

during the

next 12

months

Date from

which the

worker is

allowed

leave

Wages

for

Leave

Paid in

Discharged

worker

Rem

arks

Sickness

and

accidents

Authorized Leave

Lock

Out or

Legal

Strike

Involuntary

unemployment

Others

Date of

Discharge

Date &

amount

of payment made in

lieu of

leave due

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

Note:- Separate page shall be allotted to each worker

FORM –XII

(Rule-64)

IMPROVEMENT NOTICE AND PROHIBITION ORDER

PART I

PROHIBITION ORDER

Inspector-cum-facilitators Notice on Inspection of Establishment, Lifting Appliance, Loose Gears and other such gears, Equipment, Ladders and Staging. Inspector-cum-Facilitator's notice to the occupier, employer, owner, master, Officer-in-charge, Owner of lifting appliances, loose gears and lifting devices or the person, scaffold who, by himself, his agents, or his employers as the case may be.

Name of the establishment,

Where situated

Registration no. of the

LIN No. of the

lifting appliance, lifting device,

lying/used/location

establishment

establishment

transport equipment, ladders and

staging

1 2 3 4

An inspection of the above named establishment, lifting appliances, loose gears, lifting devices, transport equipment, ladders and staging was made on ______.

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 129

The activities connected with establishment which are being carried on by you/about to be carried on by you/under your control involve a risk or danger to the life. Safety and health of employee and involve the following contraventions :

CONTRAVENTIONS

Therefore. I hereby direct that the said activities shall not be carried on by you or under your control unless the said contraventions and matters mentioned have been remedied to the satisfaction of the Inspector-cum-Facilitator. This order is being issued without prejudice or any legal action which may be taken for these contraventions.

On hearing from you that the requirements have been complied with the establishment, lifting appliance, loose gear or similar gear/transport equipment/ladders/ staging, scaffold shall again be visited with a view to the inspection being completed.

No. _____________

Dated at _________ this _________ day of 20 ____________

Inspector-cum-Facilitator under the Occupational Safety, Health and Working Conditions Code, 2020 REQUIREMENTS

On compliance with all or any of the above contraventions, the Inspector-cum-Facilitator shall be informed in the manner prescribed overleaf, of the date and place at which the establishment, lifting appliance, loose gears or similar gear transport equipment, ladders and staging, scaffold can be re-inspected.

Sir,

The contravention notified by you have been effectively attended to. The establishment, lifting appliance, loose gears or similar gear, transport equipment, ladders and staging, scaffold shall be ready for inspection on the date

Sir,

The contravention notified by you have been effectively attended to. The establishment, lifting appliance, loose gears or similar gear, transport equipment, ladders and staging, scaffold shall be ready for inspection on the date and place named below:

Date of Inspection

Place

Dated at ____________ this day of ________ 20________

Employer, Occupier, Owner, Manager, Master, Officer in-charge or Agents, owner of machinery and gear or the person, who by himself, his agents or his employers, carried on the establishment.

To

The Inspector-cum-Facilitator under the Occupational Safety, Health and Working Conditions Code, 2020 PART - II

Improvement Notice

Inspector-cum-Facilitator‗s notice to the employer, Owner, Master, Manager, Officer-in-Charge or Agents, Owner of lifting appliances, loose gears lifting devices, scaffold or the person, who, by himself, his agents or his employers, carries on the establishment, as the case may be.................

Name of the establishment, lifting appliances, loose gear, lifting device, transport, equipment, ladders and stagings, scaffold;

Where

situated/lying

used/location

Port of Registry

Official no.(if any) of the ship

An inspection of the above-named establishment, dock, ship, lifting appliances, loose gears, lifting devices, transport equipment, ladders and stagings, scaffold was made on .............

130 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

The following contraventions were observed. You are required to remedy the said contraventions and send the compliance report in writing within................ days.

This notice is being issued without prejudice to any legal action which may be taken for these contraventions on hearing from you that the requirements have been complied with the establishment, lifting appliance/loose gear or similar other gear/transport equipment/ladders/ staging, scaffold will again be visited with a view to the inspection being completed.

Contraventions No. ____________________Dated _________ this ______________ day of _______________ 20_____ Inspector-cum-Facilitator under the Occupational Safety, Health and Working Conditions Code, 2020

Requirements. On compliance with all or any of the requirements, the Inspector-cum-Facilitator should be informed in the manner prescribed overleaf of the date and place at which the establishment, lifting appliance, loose gear, transport equipment, ladders and staging, scaffold can be re-inspected.

The requirements noted by you have been effectively fulfilled. The establishment, lifting appliance, loose gear, lifting devices, transport equipment, ladders and staging, scaffold will be ready for inspection on the date and place named below:

Date of Inspection

Place

Dated at __________this day of ________ 20________

Employer, occupier, Owner, Master, Manager, Officer-in-charge or Agents, owner of machinery and gear or the person, who, by himself, his agents or his employers, carried on the establishment.

To

The Inspector-cum-Facilitator under the Occupation Safety, Health and Working Conditions Code, 2020.

FORM-XIII

(Under Rule-71 and 72)

APPLICATION FOR LICENSE

On Line Application for License/ Renewal of License/Amendment of License (including Common/single license)

Government of India, Ministry of Labour and Employment

ESTABLISHMENT PROFILE:

Labour Identification Number Date

Acknowledgement Number: ………………………………… Date of Application: ………………….

I. Particulars of Establishment for which licence required:

1. Name of Establishment:

2. Address of establishment

(a) Head Office address along with email Id :

(b) Corporate office address along with email Id:

3. Telephone Number :

4. Activity as per National Industrial Classification : (Select all applicable activities given)

5. Details of selected NIC Code:

6. Nature of work carried on in main establishment :

7. Identifier of the Establishment : (Select) : esign/digital sign

II. Details of Employer:

1. Full Name of Employer: …………………………………………………relationship with establishment.

2. Full Address of Employer:

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 131

3. Email Id of employer:

4. Mobile No. of employer:

III. Particulars of the Contract Labour to be employed / is employed (If licence is required work wise)

Locations

of

worksites

Name of

works

Activity as per

national industrial classification

Date of

commencement

Date of

completion

Name of

Establishments in which

contract labour is/proposed to be employed

Name

Address, email id of the

Site

Incharge

1

2

3

4

5

6

5. Maximum number of workmen proposed to be employed on the Establishment on any date: 24

6. Amount of Licence Fee: INR ( Transaction Id : )

7. Amount of Security Deposit: INR ( Transaction Id : )

IV. DETAILS OF ESTABLISHMENTS FOR WHICH COMMON LICENCE REQUIRED , (IF APPLYING FOR)

Type of

Establishments

Name & Address of establishment

(i)Nature of work

carried out in the

establishment (ii)

Activity as per

National Ind‘l

classification

Date of

commencement

Permanent

establishment or probable

date of

completion

Maximum

number of

employees

employed/

proposed to be

employed

Maximum number of employees employed/

proposed

to be

employed

1

2

3

4

5

6

7

V. DETAILS OF ESTABLISHMENTS FOR WHICH SINGLE LICENCE IS REQUIRED (IF APPLYING FOR)

Name of

States in

which the

establishments are situated

Name of each

work

Maximum

number of

labour will be/is employed

Date of

commencement

Permanent

establishment or probable

date of

completion

Maximum number of employees employed/

proposed to be

employed

Registration number, if

obtained,then details

thereof

1

2

3

4

5

6

7

Signature of Contractor

(eSign/DSC)

Note: This is an online application summary applied on Shram Suvidha Portal.

APPLICATION FOR RENEWAL OF LICENCE

1. Licence No. Date :

2. LIN & PAN

2. Name and address of the establishment:

3. Date of expiry of previous licence :

4. Whether the licence of the employer/contractor was suspended or revoked:

5. Details of Fees paid : (Enclose e-payment receipt): Amount …. date of payment :

E-sign /digital sign of the employer/contractor date:

132 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

APPLICATION FOR AMENDMENT OF LICENCE :

1. Licence No Date:

2. LIN & PAN

3. Name and address of the establishment:

4.Details for which amendment is sought :

(a). Maximum number of worker presently employed : (If there is increase in the maximum number of workers to be employed, then additional fees/security deposit as per law needs to be deposited:

(b). Details of fees paid through e payment date on which made :

©. Other details requiring amendment in the licence issued (Necessary documents may be uploaded in support of change required)

E-sign /digital sign of the employer/contractor date of application.

FORM-XIV

(Under Rule-73)

PROFORMA OF LICENSE

Licence No. ------------- Reg. No. ----------- Date of Reg. ---------- Licence is hereby granted to --------------------------------------------------------------------

for the premises known as --------------------------------------------------------------------

situated at -----------------------------------------------------------------------------------

for use as a establishment within the limits stated herein after, subject to provisions of the Occupational Safety, Health and Working Conditions Code, 2020, and the rules made there under.

The ------------ 20.. Issuing Authority

Sl.No.

Period of issue

Valid For

Fee

Date of

Payment

Excess

fee for

late

payment

Date of

payment

Signature

of the

Issuing

Authority

Maximum

number of Contract labour /workers on any one day

AMENDMENTS:

Year when

Amended

Maximum

number of Contract labour /workers on any one day

Date of payment of

amendment fee

Date of

Payment

Signature of

the Issuing

Authority

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 133

FORM-XV

(Under Rule-83)

EXPERIENCE CERTIFICATE OF CONTRACT EMPLOYEE

To whom so ever concerned

1. Name of contractor/employer*:

2. LIN/PAN No. of the contractor/employer *:

3. Email Id of the contractor /employer *:

4. Mobile No. of the contractor/employer *:

5. Nature and location of work:

6. Name of Principal Employer*:

7. LIN/PAN No. of the Principal Employer :*

8. Email Id of the Principal Employer : *

9. Mobile No. of the Principal Employer :*

10. Name of the worker*:

11. UAN / Aadhaar No.:

12. Mobile No. :

13. Serial Number in the Employee Register :

14. Registration number, date and name of the Board if the building and other construction worker is registered as a beneficiary:

15. Period of Employment:

16. Designation:

Seal and Signature of Contractor

*Please strike off whichever is not applicable.

FORM-XVI

(Under Rule-88)

Agreement between Producer and Audio-visual worker

This agreement is made on this day ............ month ................year.......... between Messers................... having office at ........................ (hereinafter referred to as the ―Producer‖) on the first part and Shri/Smt/Kum .....................son/daughter/wife of Shri .................. residing at .................. (hereinafter referred to as the ―audio-visual worker‖) on the second part. The terms ‗Producer‘ and ‗audio-visual worker‘ shall include their heirs, successors, administrators and legal representatives:

Now, therefore this agreement is made as follows:

1. That both the parties agree that the duration of this agreement shall be from the date hereof till the completion of the audio-visual and this period shall not exceed consecutive months.

2. That the audio-visual worker agrees to attend studio, location or work place, as the case may be, subject to the requirement of his previous engagement and on his confirmation, to his respective job punctually as and when he shall be required by a written intimation by the Producer or the person duly authorised by him in writing.

134 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

3. That inconsideration of the audio-visual worker services, as aforesaid, the Producer agrees to pay and the audio visual worker agrees to receive a sum of Rs. ...............................(Rupees ........................) payable as advance on signing of this agreement and the balance of Rs. .........................payable in ......................... equal installments.

4. That in the event of the audio-visual production being not complete within the stipulated period and the Producer still needing the services of the audio-visual worker to complete the audio-visual production, the producer agrees to pay and the audio-visual worker agrees to receive additional remuneration on pro-rata basis, payable in the same manner as stated in Clause 3 above, till the completion of the production.

5. That in case the assignment of the audio-visual worker is completed earlier than the period stipulated in Clauses 1 and 4 above, the producer shall settle the account of the audio-visual worker and pay the remaining balance of the agreement amount in full before the commencement of re-recording work/censor of the production, whichever is earlier.

6. That the audio-visual worker shall, if so required,

(a) attend the studios, location or work-place, as the case may be, earlier than the a scheduled time of the shift, for preparatory work, and in that case, he/she shall be paid by the Producer extra wages at the rate of Rs. ......per hour or part thereof for such early attendance.

(b) continue to work beyond the working day, with one hour break and in that case, he/she shall be paid by the Producer extra wages at the rate of Rs................. for the work during the extended hours and refreshments, and transport facilities.

8. That the Producer shall provide transport and food or pay traveling allowances to and fro to report to duty and food allowance while on duty as are customary or fixed by bilateral arrangements between the Producer‘s and audio-visual worker‘s representative organizations.

9. That the Producer shall also pay for all travelling and accommodation expenses, fares, cost of food and such other allowances as are customary when the audio-visual worker is required to work on location outdoors.

10. That the Producer shall get the audio-visual worker insured for any injury or damage to his/her person including death caused by accident arising out of or in the course of his/her employment and/or during the period of his/her assignment under this agreement.

11. That where the Producer is prevented from proceeding with the production of the audio-visual by reason of fire, riot, natural calamity, order of the public authority or any other reason beyond his control :-

(a) he shall be entitled to suspend the operation of this agreement during the period of suspension of production in case the production is suspended. The producer shall serve notice in writing of such suspension on the audio-visual worker and shall pay all his/her dues up to the date of service of such notice. Upon resumption of work on the film, this agreement shall revive and shall remain valid for the period stipulated in Clause I excluding the period of suspension therefrom ; or

(b) he shall be entitled to terminate this agreement as from the cessation of production, in case the production ceases completely. The producer shall serve a notice in writing of such cessation on the audio-visual worker and make payment of all the amount due to the audio-visual worker at the time of termination.

12. That in case if the Producer desires to terminate this agreement before the expiry of its term for reasons other than misconduct in relation to performance of the audio-visual worker‘s duties or of his/her unwillingness to perform the services required under this agreement, the producer shall be entitled to do so only upon payment of the balance of the stipulated amount of the agreement. Only after such payment to the audio-visual worker, the Producer shall be titled to employ another audio-visual worker in his/her place.

13. That the Producer shall have the right to terminate this agreement on ground of misconduct on the part of the audio-visual worker in relation to performance of his/her duties or his/her unwillingness to perform the service required under the agreement, upon payment to the audio-visual worker of the amount due at the time of termination, calculated taking into consideration the audio-visual worker‘s total work in the audio-visual and the work he/she has completed till the date of termination of this agreement. Termination under this clause shall not be made unless the charges of the Producer against the audio-visual worker are proved before a forum comprising equal number of representatives of the Producers‘ Organisation and the audio-visual worker‘s Organisation to which the Producer and the audio-visual worker respectively may belong. The decision of the forum shall be binding on both the parties. The producer can engage another audio-visual worker for the job towards this agreement only after the forum has given a decision in favour of such termination and the audio-visual worker has been paid all his dues.

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 135

14. That in case of premature termination of this agreement, it shall be the option of the Producer whether or not to retain the work of the audio-visual worker in the audio-visual and at the same time, it shall be option of the audio visual worker whether or not to allow his/her name to go on the credit titles of the film.

15. That the Producer shall have the right to decide the manner of representing the audio-visual worker‘s personality on the screen, his/her clothes, make-up and hair-style and the audio-visual worker shall fully and willingly comply with the direction of the Producer in this regard, provided that the requirements of the Producer in this respect have been notified to the audio-visual worker and accepted by him/her.

16. That the audio-visual worker agrees that he/she shall render his/her services to the best of his/her ability in such manner as the Producer or, at his instance, the Director of the audio-visual may direct and shall comply with all reasonable instructions that he may give for the production of the film.

17.That the Producer shall also pay for all traveling and accommodation expenses, fares, cost of food and such other allowances as are customary when the audio-visual worker is required to work on location outdoors.

18. That the Producer shall get the audio-visual worker insured for any injury or damage to his/her person including death caused by accident arising out of or in the course of his/her employment and/or during the period of his/her assignment under this agreement.

19. That where the Producer is prevented from proceeding with the production of the audio-visual by reason of fire, riot, natural calamity, order of the public authority or any other reason beyond his control :-

(a) he shall be entitled to suspend the operation of this agreement during the period of suspension of production in case the production is suspended. The producer shall serve notice in writing of such suspension on the audio visual worker and shall pay all his/her dues up to the date of service of such notice. Upon resumption of work on the film, this agreement shall revive and shall remain valid for the period stipulated in Clause I excluding the period of suspension there from ; or

(b) he shall be entitled to terminate this agreement as form the cessation of production, in case the production ceases completely. The producer shall serve a notice in writing of such cessation on the audio-visual worker and make payment of all the amount due to the audio-visual worker at the time of termination.

20.That in case if the Producer desires to terminate this agreement before the expiry of its term for reasons other than misconduct in relation to performance of the audio-visual worker‘s duties or of his/her unwillingness to perform the services required under this agreement the producer shall be entitled to do so only upon payment of the balance of the stipulated amount of the agreement. Only after such payment to the audio-visual worker, the Producer shall been titled to employ another audio-visual worker in his/her place.

21. That the Producer shall have the right to terminate this agreement on ground of misconduct on the part of the audio-visual worker in relation to performance of his/her duties or his/her unwillingness to perform the service required under the agreement, upon payment to the audio-visual worker of the amount due at the time of termination, calculated taking into consideration the audio-visual worker‘s total work in the audio-visual and the work he/she has completed till the date of termination of this agreement. Termination under this clause shall not be made unless the charges of the Producer against the audio-visual worker are provide before a forum comprising equal number of representatives of the Producers‘ Organisation and the audio-visual worker‘s Organisation to which the Producer and the audio-visual worker respectively may belong. The decision of the forum shall be binding on both the parties. The producer can engage another audio-visual worker for the job towards this agreement only after the forum has given a decision in favor of such termination and the audio-visual worker has been paid all his dues.

22. That in case of premature termination of this agreement, it shall be the option of the Producer whether or not to retain the work of the audio-visual worker in the audio-visual and at the same time, it shall be option of the audio visual workers whether or not to allow his/her name to go on the credit titles of the film.

23. That the Producer shall have the right to decide the manner of representing the audio-visual worker‘s personality on the screen, his/her clothes, make-up and hair-style and the audio-visual worker shall fully and willingly comply with the direction of the Producer in this regard, provided that the requirements of the Producer in this respect have been notified to the audio-visual worker and accepted by him/her.

24. That the audio-visual worker agrees that he/she shall render his/her services to the best of his/her ability in such manner as the Producer or, at his instance, the Director of the audio-visual may direct and shall comply with all reasonable instructions that he may give for the production of the film.

25. That the audio-visual worker shall comply with all the regulations of the studio, location or work place as the case may be.

136 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

26. That the Producer shall not without the consent in writing of the audio-visual worker, assign or transfer the benefit of this agreement to any other person.

27. That the provisions of the Employees‘ Provident Funds and Miscellaneous Provisions Act, 1952 shall be applicable to this agreement.

28. That the Producer shall not utilise the work of the audio-visual worker in any film, other than the audio-visual under this agreement, without prior permission of the audio-visual worker.

The parties have put their hands to this agreement on the date, month and year said above in the presence of each other and in the presence of the witnesses.

1. Witness Producer

Name Address

2. Witness audio-visual worker

Name Address

[F. No. S-65025/01/2020-ISH-II]

GOPAL PRASAD, Economic Adviser

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.MANOJ KUMAR VERMA

Digitally signed by MANOJ KUMAR VERMA

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