Delhi Factories Rule 1950 PDF
Delhi Factories Rule 1950 PDF
Delhi Factories Rule 1950 PDF
Preliminary
SCHEDULE
Rules 3 to 11 prescribed under sub-section (1) of Section 6
3.
3.A Approval of site and plan
5. Grant of Licence
6. Amendment of Licence
7. Renewal of licence
8. Transfer of licence
9. Procedure on death or disability of licence
10. Loss of licence
11. Payment of fees
11.A Prohibiting Running of a Factory without a valid licence
Form prescribed under sub-section 1 of Section 7
12. Notice of Occupation
Under sub-section (4) of Section 7
12.A Notice of change of Manager
12-B Guidelines Instructions and records
CHAPTER II
CHAPTER III
SCHEDULE
Register prescribed under sub-section (1) of Section 11
CHAPTER IV
SAFETY
CHAPTER V
WELFARE
62A.
Rule prescribed under sub-section (1) of Section 45
63. First Aid Appliance
64. Ambulance Room
Rules 65 to 71 prescribed under Section 46
65. Canteens
66. Dining Hall
67. Equipment
68. Prices to be charged
69. Account
70. Managing Committee
Rule prescribed under Section 47
72. Shelters, Rest Rooms and Lunch Rooms
Rules 73 to 76 prescribed under sub-section (3) of Section 48
73. Creches
73A.
73B.
74. Wash Room
75. Supply of Milk and Refreshment
76. Clothes for Creche Staff
Rule provided under Section 49
76A. Welfare Officers
SCHEDULE
CHAPTER VI
CHAPTER VIII
CHAPTER IX
SPECIAL PROVISIONS
CHAPTER X
Supplemental
Rule prescribed under Section 107
98. Procedure in appeals
Rule prescribed under Section 108
99. Display of notices
Rules prescribed under Section 110
100. Return
Rule prescribed under Section 109
101. Service of notices
Rule 102 to 106 prescribed under Section 112
102. Information required by the Inspector
103. Muster-roll
104. Register of accidents and dangerous occurrences
105. Maintenance of Inspection book
106. Information regarding closure of factories
FORMS
APPENDIX
CHAPTER I
No. F. 9 (13)/48-Dev-ln exercise of the powers conferred by Section 112 of the Factories Act,
1948, (LXIII of 1948), read with the Government of India, Ministry of Labour Notification No,
Fac. 41 (38), dated the 11th January, 1948, the Chief Commissioner of Delhi is pleased to
make the following rules, the same having been previously published with his notification No.
F. 9(13) / 48-P. & D., dated the 19th March, 1949,
Short title, extent and commencement
(1) These Rules may be cited as the Delhi Factories Rules, 1950.
(2) These Rules shall extend to the whole of the Delhi Province,
(3) These Rules, except Rules 29 to 33,53,62, 65 to 71 and 95 shall come into force on
15th August, 1950 and Rules 29 to 33, 53, 62,65 to 71 and 95 shall come into force on
such dates as are specified therein.
(c) "Artificial Humidification" means the introduction of moisture into the air of a room by
any artificial means whatsoever, except the unavoidable escape of steams or water
vapour into the atmosphere ere directly due to a manufacturing process :
Provided that the introduction of air directly from outside through moist end mats or
screens placed in openings at times when the temperature of the room is 80 degrees or
more, shall not be deemed to be artificial humidification.
(f) "District Magistrate" includes such other official as may be appointed by the Chief
Commissioner in that behalf.
(h) "Health Officer" means the Municipal Health Officer or District Health Officer or such
other official as may be appointed by the Chief Commissioner in that behalf.
(i) "Hygrometer" means an accurate wet and dry bulb hygrometer conforming to the
prescribed conditions as regards constructions and maintenance.
(j) "Inspector" means an officer appointed under Section 3 of the Act and includes "Chief
Inspector".
(k) "Maintained" means maintained in an efficient state, in efficient working order and in
good repair.
(l) "Manager" means the person responsible to the occupier for the working of the factory
for the purposes of the Act.
Competent Person-
(1) The Chief Inspector may recognise any person as a ‘Competent Person’ within such
area and for such period as may be specified for the purposes of carrying out tests,
examinations, inspections and certification for such buildings, dangerous, machinery,
hoists and lifts, lifting machines and lifting tackles, pressure plants, confined space,
ventilation system and such other process or plant and equipment as stipulated in the
Act and the Rules made thereunder, located in a factory, if such a person possesses the
qualifications, experience and other requirements as set out in the schedule annexed to
this Rule:
Provided that the Chief Inspector may relax the requirements of qualifications in
respect of a ‘Competent Person’ if such a person is exceptionally experienced and
knowledgeable, but not the requirements in respect of facilities at his command :
Provided further that where it is proposed to recognise a person employed under the
Chief Inspector as a ‘Competent Person’, concurrence of the State Government shall be
taken and such a person after being so recognised, shall not have powers of an
Inspector:
Provided further that the ‘Competent Person’ recognised under this provision shall not
be above the age of 62 and shall be physically fit for the purpose of carrying out the
tests, examination and inspection.
(2) The Chief Inspector may recognise an institution of repute, having person possessing
qualifications and experience as set out in the schedule annexed to sub-rule (1) for the
purpose of carrying out tests, examinations, inspections and certification for buildings,
dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure
plant, confined space, ventilation system and such other process or plant and
equipment as stipulated in the Act and the Rules made thereunder, as a 'Competent
Person' within such area and for such period as may be specified.
(3) The Chief Inspector on receipt of an application in the prescribed form from a person or
an institution intending to be recognised as a ‘Competent Person’ for the purposes of
this Act and the Rules made thereunder, shall register, such application and within a
period of sixty days of the date of receipt of application, either after having satisfied
himself as regards competence and facilities available at the disposal of the applicant
recognise the applicant as a ‘Competent Person’ and issue a certificate of competency
in the prescribed form or reject the application specifying the reasons therefore.
(4) The Chief Inspector may, after giving an opportunity to the competent person of being
heard, revoke the certificate of competency * * * *
(b) has carried out a test, examination and inspection or has acted in a
manner inconsistent with the intent or the purpose of this Act or the Rules
made thereunder; or has omitted to act as required under the Act and the
Rules made thereunder; or
(5) The Chief Inspector may, for reasons to be recorded in writing, require re-certification
of lifting machines, lifting tackles, pressure plant or ventilation system, as the case may
be, which has been certified by a competent person outside the states.
1. Name
2. Date of Birth
4. Designation
5. Educational Qualification
(copies of testimonials to be attached)
(ii) Arrangements for calibrating and maintaining the accuracy of these facilities.
9. Purpose for which competency certificate is sought (section or sections of the Act
should be stated).
10. Whether the applicant has been declared as a Competent Person under any statute (if
so, the details).
(a) that in the event of any change in the facilities at my disposal (either addition or
deletion) or my leaving the aforesaid organisation, I will promptly inform the
Chief inspector;
(b) to maintain the facilities in good working order, calibrated periodically as per
manufacturers instructions or as per National standards; and
(c) to fulfil and abide by all the conditions stipulated in the certificate of competency
and instructions issued by the Chief Inspector from time to time.
Place :
(b) provide and maintain in good order all facilities at the disposal as mentioned above;
(c) notify the Chief Inspector any change in the facilities (either addition or deletion).
Signature......................................
Designation ..................................
Telephone No.
2. Orgainsation's status
(specify whether Government, Autonomous, Cooperative, Corporate or Private).
3. Purpose for which competency certificate is sought [specify section(s) of the Act].
4. Whether the Organisation has been declared as a competent person under this or any
other statute. If so, give details.
5. Particulars of persons employed and possessing qualification and experience as set out
in Schedule, annexed to sub-rule (1 ) of Rule 2A.
Section(s) and the Rules
Sl.
Name and Designation Qualification Experience under which competency is
No.
sought for
1.
2.
3.
6. Details of facilities (relevant to item 3 above) and arrangements made for their
maintenance and period i.e. calibration.
8. Declaration :
(i) maintain the facilities in good working order, calibrated periodically as per
manufacturers instructions as per National Standards; and
(ii) to fulfil and abide by all the conditions stipulated in the certificate of competency
and instructions issued by the Chief Inspector from time to time.
Designation
(ii) Tests, examinations and inspections shall be carried out under direct supervision of the
competent person or by a person so authorised by an institution recognised to be a
competent person;
(iii) The certificate of competency issued in favor of a person shall stand cancelled if the
person leaves the Organisation mentioned in his application;
(iv) The institution recognised as a competent person shall keep the Chief Inspector
informed of the names, designations and qualifications of the persons authorised by it
to carry out tests, examinations and inspections.
(v) ……………………………………………….
(vi) ………………………………………………
Station Official seal Signature of the Chief Inspector
Date
Note :- A separate certificate should be issued under each relevant section. A person or an
institution may be recognised competent for the purpose of more than one section of the
Act.
SCHEDULE
1 2 3 4 5
(ii) He shall be --
(a) Conversant with
relevant codes of practices
and test procedures that
are current.
(b) Conversant with other
statutory requirements
covering the safety of the
Hoists and Lifts;
(c) able to identify defects
and arrive at a reliable
conclusion with regard to
the safety of Hoists and
Lifts.
(ii) He shall be --
(a) Conversant with
relevant codes of practices
and test procedures that
are current.
(b) Conversant with
fracture mechanics and
metallurgy of the material
of construction;
(c) Conversant with heat
treatment/ stress relieving
techniques as applicable to
stress bearing components
and parts of lifting
machinery and lifting
tackles.
(d) capable of identifying
defects and arriving at a
reliable conclusion with
regard to the safety of
lifting machinery, chains,
ropes and lifting tackles.
(ii) He shall be --
(a) Conversant with
relevant codes of practices
and test procedures
relating to pressure
vessels.
(b) Conversant with
statutory requirements
concerning the safety of
unfired pressure vessels
and equipment operating
under pressure;
(c) Conversant with non-
destructive testing
techniques as are
applicable to pressure
vessels.
(d) able to identifying
defects and arriving at a
reliable conclusion with
regard to the safety of
pressure plants.
(ii) He shall be --
(a) Be conversant with the
hazardous properties of
chemicals and their
permissible limit values.
(b) Be conversant with the
current techniques of
sampling and analysis of
the environmental
contaminants
(c) be able to arrive at a
reliable conclusion as
regards the safety in
respect of entering and
carrying out hot work.
The Lt. Governor or the Chief Inspector of Factories may require, for the purposes of
the Act, submission of plans of any factory which was either in existence on the date
of commencement of the Act or which has not been constructed or extended since
then. Such plans shall be drawn to scale showing:-
(i) The site of the factory and immediate surroundings including adjacent
buildings and other structures, road, drains, etc.
(ii) the plan, elevation and necessary cross-sections of the factory buildings
indicating all relevant details relating to natural lighting, ventilation and
means of escape in case of fire, and the position of the plant and machinery,
aisles and passageways; and
(iii) such other particulars as the State Government or the Chief Inspector, as the
case may be, any required.
(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
approve to be given.
Grant of Licence--
(1) A licence for a factory shall be granted by the Chief Inspector of Factories or
any other officer appointed under sub-section (2-A) of section 8 of the Act and
specially empowered in this behalf by the State Government, in Form No.4
prescribed for the purpose, for a period of one year or five years, as may be
requested in the application for registration and grant of licence and on
payment of the fees specified in sub-rule (2).
(2) The fees for grant of licence for one year shall be as specified in the Schedule
hereto. In case an application for licence has been made for a period of five
years, the licence fees shall be five times the fees payable for grant of a
licence for one year, as specified in the said Schedule.
(3) A licence granted under this rule may, at the request of license, be renewed
for one year or five years in accordance with the provisions of rule 7.
Amendment of Licence--
(1) A licence granted under rule 4 may be amended by the Chief Inspector of
Factories or any other officer appointed under sub-section (2-A) of section 8 of
the Act and specially empowered in this behalf by the State Government.
(iii) use motive power in excess of the limits of horse power specified in the
licence; without getting his licence amended.
(3) A licensee who desires to have his licence amended shall submit it to the Chief
Inspector or any other officer appointed under sub-section (2- A) of Section 8
of the Act and specially empowered in this behalf, with an application stating
the nature of the amendment and reasons therefor.
(4) The fee for the amendment of a licence shall be twenty five 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.
Renewal of licence--
(1) A licence may be renewed by the Chief Inspector of Factories or any other
officer appointed under sub-section (2-A) of section 8 of the Act and specially
empowered in this behalf by the State Government.
(2) Every application for the renewal of a licence shall be made in triplicate, in
Form No.2 together with the payment of fees for a period of one year or five
years as the case may be, and shall be submitted not less than 30 days before
the date on which the licence expires. If the application, complete in all
respects, is so made, the premises shall be held to be duly licensed until such
date as the Chief Inspector of the Factories or as the case may be, the Officer
appointed under sub-section (2-A) of section 8 of the Act and specially
empowered in this behalf by the State Government, renews the licence.
(3) The fees for the renewal of licence for one year shall be the same as for the
grant thereof. In case an application for renewal has been made for a period of
five years, the renewal fees shall be five times the fees payable for renewal of
licence for one year, as specified in the Schedule appended below rule 5.
Provided that if the application for renewal, duly completed in all respects, is
not received within the time specified in sub-rule (2) of this rule, the licence
shall be renewed only on payment of a fee twenty five percent in excess of the
fees ordinarily payable for the renewal of a licence for the year or years for
which the application has been received late.
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 of Factories or any other
officer appointed under sub-section (2-A) of section 8 of the Act and specially
empowered in this behalf by the State Government who shall, if he approves
of the transfer, enter upon the licence, under his signature, an endorsement to
the effect that the licence has been transferred to the person named.
(3) A fee of twenty five rupees shall be charged on each such application
Loss of licence--
Where a licence granted under the Rules is lost or accidentally destroyed, a duplicate
may be granted on payment of a fee of rupees twenty five.
Payment of fees-
(1) Every application under the Rules shall be accompanied by a treasury receipt
showing that the appropriate fees has been paid into the authorised branch of
the State Bank of India under the head of account, affixed by the office of the
Chief Inspector of Factories.
(2) If an application for the grant, renewal or amendment of a licence is rejected,
the fee paid shall be refunded to the applicant.
11.
Provided that if a valid application for grant of licence has been submitted
and the required fees has been paid, the premises shall be deemed to be
fully licensed until such date as the Chief Inspector of Factories or as the
case may be, any other officer appointed under sub-section (2-A) of section
8 of the Factories Act, and specially empowered in this behalf by the State
Government, grants or renews the licence or refuses in writing with
reasons, to grant or renew licence.
Provided further that if the Chief Inspector of Factories or as the case may
be, any other officer appointed under sub-section (2-A) of section 8 of the
Act and specially empowered in this behalf, by the State Government fails
to grant or renew the licence or fails to refuse to do so, for reasons to be
communicated in writing to the applicant, within 60 days from the date of
the application, licence shall be deemed to have been granted or renewed.
(ii) The occupier shall maintain such records, as may be prescribed by the
Chief Inspector, in respect of monitoring of working environment in the
factory.
CHAPTER II
Rule prescribed under Section 9
13. Power of Inspectors
An Inspector shall, for the purpose of the execution of the Act, have
power to do all or any of the following things, that is to say:-
to photograph any worker; to inspect, examine measure, copy,
photograph, sketch or test, as the case may be, any building or
room; any plant, machinery, appliance or apparatus; any register
(a)
or document; or anything provided for the purpose of securing
the health, safety or welfare of the workers employed in a
factory;
(a) He must not be less than 23 years or more than 35 years of age.
(c) Where for a particular post special knowledge, "the deal with
special problems is required the Chief Commissioner, may, in
addition to the basic qualifications prescribe appropriate
qualifications for such a post."
(2)
The Certifying Surgeon shall issue his certificates in Form No.4.
The foil and counter-foil shall be filled in and the left thumb mark
of the person in whose name the certificate is granted shall be
taken on them. On being satisfied as to the correctness of
entries, made therein and of the fitness of the person 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. All counterfoils shall be kept by the Certifying
Surgeon for a period of at least 2 years after the issue of the
certificate.
(3) The certifying Surgeon shall upon request by the Chief Inspector,
carry out such examination and furnish him with such report as
he may indicate, for any factory or class or description of
factories where:-
(4)
For the purpose of the examination of persons employed in
processes covered by the Rules relating to Dangerous
Operations, the Certifying Surgeon shall visit the factories within
the local limits assigned to him at such intervals as are
prescribed by the Rules relating to such dangerous operations.
(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 (Form
No.17) which shall be kept by the factory manager and produced
to the Certifying Surgeon at each visit.
(6) If the Certifying Surgeon finds as a result of his examinations
that any person employed in such process is no longer fit for
medical reasons to work in that process he shall suspend such
person 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.
(8) The manager of a factory shall provide for the purposes 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.
CHAPTER III
Exemption under sub-section(2) of section 11
(1) Clause (d) of sub-section (1) of section 11 of the Act shall not apply to the class or
description of factories or parts of factories specified in the Schedule hereto :
Provided that they are kept in a clean state by washing, sweeping, brushing,
dusting vaccum-cleaning or other effective means :
Provided further that the said clause (d) shall continue to apply:
(i) 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 allowed for
every person employed in the room is less than 500 cubic feet;
(iv) 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) If it appears to the Chief Inspector that any part of a factory, to which by virtue of
sub-rule (1) any of the provisions of the said clause (d) do not apply, or apply as
varied by sub-rule (1), is not being kept in a clean state, he may by written notice
require the occupier to white-wash or colour-wash, wash paint or varnish the same
and in the event of the occupier failing to comply with such requisition within two
months from the date of the notice, sub-rule (1) shall cease to apply to such part
of a factory, unless the Chief Inspector otherwise determines.
SCHEDULE
PART A
Blast furnaces.
Bricks and title works in which unglazed bricks or tiles are made.
Cement works.
Chemical works.
Copper mills.
Gas works.
Parts in which coal, coke, oxide or iron, ochre, lime or stone is crushed or ground Parts
of walls, partitions, ceilings or tops of rooms which are at least 20 feet above the floor.
Ceilings or tops of rooms in cement works, bleach works or dye works with the
exception of finishing rooms or ware-houses.
Inside walls of oil mills below a height of 5 feet from the ground floor level.
Inside walls in tanneries below a height of 5 feet from the ground floor level where a
wet process is carried on.
PART B
Coach and motor body works.
Gun factories.
Shipbuilding works.
The record of dates on which white washing, colour-washing varnishing etc., are carried
out shall be entered in Register maintained in Form No.7.
The arrangements made in every factory for the treatment of wastes and effluents due to
the manufacturing processes carried on therein shall be in accordance with those
approved by the relevant Water and Air Pollution Boards, appointed under the Water
(Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of
Pollution) Act, 1981 and other local authority concerned.
(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 regards a dry bulb readings 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-
SCHEDULE
Dry bulb Wet bulb Dry bulb Wet bulb Dry bulb Wet bulb
Provided, however, that Clause (b) 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.
(a) Weaving departments- One hygrometer for departments with 500 looms, and one
additional Hygrometer for every 500 or part of 50 looms in excess of 500.
(b) Other departments- One Hygrometer for each room of less than 300.00 cubic feet
capacity and one extra hygrometer for each 200.00 cubic feet or part thereof, in
excess of this.
(c) One additional hygrometer shall be provided and maintained outside each cotton
spinning and weaving factory wherein artificial humidification is adopted, and in a
position approved by the Inspector, for taking hygrometer shade readings.
20. Exemption from maintenance of hygrometers-
When the Inspector is satisfied that the limits of humidity allowed, by the Schedule of
Rule 18 are never exceeded, he may, for any department other than the weaving
department grant exemption from the maintenance of the hygrometer. The Inspector
shall record such exemption in writing.
(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 3 inches from the dry bulb or less than 1
inch from the surface of the water in the reservoir and the water reservoir shall
be 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 stems shall be such that the position of the top of the mercury
column shall be readily distinguishable at a distance of 2 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 upto 120 degrees shall be clearly marked by
horizontal lines on the stems. Each fifth and tenth degree shall be marked by
longer marks than the intermediate degrees and the temperature marked
opposite each tenth degree, i.e., 50, 60, 70, 80, 90, 100, 110 and 120.
(a) the wick and the muslin covering of the wet bulb shall be renewed once a week;
(b) the reservoir shall be fitted with water which shall be completely renewed once a
day. The Chief Inspector may direct the use of distilled water or pure rain water in
any particular mill or mills in certain localities;
(c) no water shall be applied directly to the wick or covering during the period of
employment.
(2) No hygrometer shall be fixed at a height of more than 5 feet 6 inches from the
floor to the top of thermometer steam or in the direct draughts from a fan, window
or ventilating opening.
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 1 st August, 1950 the diameter shall not exceed one inch;
(c) All hangers supporting such pipes shall be separated from the be pipes by an
efficient insulator not less than half an inch thickness
(d) No uncovered jet from such pipe 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 Ibs. per
square inch;
(f) The pipe employed for the introduction of steam 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.
(1) Subject as in these Rules provided, Rules 29 to 33 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 provision 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 requirements.
(2) Rules 29 to 33 shall come into force, in respect of any class or description of
factories, on such dates as the Chief Commissioner may, by notification in the
Official gazette, appoint in this behalf.
(1) The general illumination over these interior parts of a factory where persons are
regularly employed shall be not less than 6 feet candles measured in 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 said level shall not be less than 2 feet candle and where work is actually being
done the illumination shall be not less than 6 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
candles at floor level.
(3) The standard specified in this Rule shall be without prejudice to the provision of any
additional illumination required to render the lighting sufficient and suitable for the
nature of the work.
31.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 light 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 20°.
(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 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 the normal working place, or
shall be so placed that no such person is exposed to glare therefrom.
CHAPTER IV
SAFETY
(2) This Rule shall come into force, in respect of any class or description of factories,
where machines noted in the said Schedules are in use, on such dates as the
Chief Commissioner may, by notification in the official gazette, appoint in this
behalf.
SCHEDULE I
COTTON TEXTILES
1. Cotton Openers, Scutchers, Combined Openers and Scutcher and Lap
Machines, Hard Waste breakers, etc.-
(1) All Cotton Openers, Scutchers, Combined Openers and Scutchers, Scutchers and
Lap Machines, Hard Waste Breakers and similar machines shall be driven by
separate motors or from counter shafts provided with fast and loose pulleys and
efficient belt shifting devices.
(2) In all Openers, Combined Openers and Scutchers, Scutchers, Scutchers- lap
machines, Hard Waste Breakers and similar machines, the beater covers and
doors which give access to any dangerous part of the machine shall be fitted
with effective interlocking arrangements which shall prevent-
(a) the covers and doors being opened while the machine is in motion;
(b) the machine being re-started until the covers and doors are close ;
Provided that the latter requirement in respect of the automatic locking device
shall not apply while stripping or grinding operations are carried out.
Provided further the stripping or grinding operations shall be carried out only by
specially trained adult workers wearing tight fittings clothing whose names have
been recorded in the register prescribed in this behalf as required in sub-section
(1) of Section 22.
3. Carding Machines-
All Cylinder doors shall be secured by an automatic locking device which shall prevent
the door being opened until the cylinder has ceased to revolve and shall render it
impossible to restart the machine until the door has been closed.
4. Speed Framers-
Headstocks shall be fitted with automatic locking arrangements which shall prevent the
doors giving access to jack box wheels opened while the machinery is in motion and
shall render it impossible to restart the machine until the doors have been closed.
5. Self-acting Mules-
The drive shall be from counter-shafts which shall be provided with fast and loose
pulleys and efficient belt shifting devices.
SCHEDULE II
Cotton Ginning
Line Shaft-
The line shaft or second motion in cotton ginning factories, when below floor level, shall
be completely enclosed by a continuous wall or unclimable fencing with only so many
openings as are necessary for access to the shaft for removing cotton seed, cleaning
and oiling; and such openings shall be provided with gates or doors which shall be kept
closed and locked.
SCHEDULE III
Wood-Working Machinery
1. Definition- For the purposes of this Schedule :-
(a) Wood-Working machine means a circular saw, band saw, planning machines,
chain mortising machine or vertical spindle moulding machine operating of Wood
or Cork.
(b) Circular saw means a circular saw working in a bench (including a rack bench)
but des not include a pendulum or similar saw which is moved towards the wood
for the purpose of cutting operation.
(c) BaI1d saw means a band saw, the cutting portion of which runs in a vertical
direction but does not include a log saw or band resawing machine.
(d) Planning machine means a machine for overhand plannings or for thicknessing
or for both operations.
2.
An efficient stopping and starting device shall be provided on every wood-working
machine. The control of this device shall be in such a position as to be readily and
conveniently operated by the person in charge of the machine.
4. Floors-
The floor surrounding every wood-working machine shall be maintained in good and
level condition, and shall not be allowed to become slippery, and as far as practicable
shall be kept free from chips or other loose material.
(1) No person shall be employed at a wood - working machine unless he has been
sufficiently trained to work that class of machine, or unless he works under the
adequate supervision of person who has a thorough knowledge of the working of
the machine.
(2) A person who is being trained to work a wood-working machine shall be fully
and carefully instructed as to the dangers of the machine and the precautions to
be observed to secure safe working of the machine.
6. Circular Saws-
(a) Behind and in direct line with the saw there shall be a riving knife, which shall
have a smooth surface, shall be strong rigid and easily adjustable, and shall also
conform to the following conditions :
(i) The edge of the knife nearer the saw shall from an area of a circle having
a radius not exceeding the radius of the largest saw used on the bench.
(ii) The knife shall maintained as close as practicable to the saw having
regard to the nature of the work being done at the time and at the level
of the bench table the distance between the front edge of the knife and
the teeth of the saw shall not exceed half an inch.
(iii) For a saw of a diameter of less than 24 inches, the knife shall extent
upwards from the bench table to within one inch of top of the saw and for
a saw of a diameter of 24 inches or over shall extend upwards from the
bench table to a height of at least nine inches.
(b) The top saw shall be covered by a strong and easily adjustable guard, with a
flange at the side of the saw farthest from the fence. The guard shall be kept so
adjusted that the said flange shall extend below the roots of the teeth of the
saw. The guard shall extend from the top of the riving knife to a point as point
as practicable at the cutting edge of the saw.
(c) The part of the saw below the bench table shall be protected by two plates of
metal or other suitable material one on each side of the saw; such plates shall
not be more than six inches apart, and shall extend from the axis of the saw
outwords to a distance of not less than two inches beyond the teeth of the saw.
Metal plates, if not beaded, shall be of a thickness of at least 1/10 inch, or if
beaded be of a thickness of at least 1/20 inch.
7. Push Sticks-
A push stick or other suitable appliance shall be provided for use at every circular saw
and at every vertical spindle moulding machine to enable the work to be done without
unnecessary risk.
8. Band Saws-
(a) Both sides of the bottom pulley shall be completely encased by sheet or
expanded metal or other suitable material.
(b) The front of the top pulley shall be covered with sheet or expended metal or
other suitable material.
(c) All portions of the blade shall be enclosed or otherwise securely guarded except
the portion of the blade between the bench table and the top guide.
9. Planning Machines-
(1) A planning machine (other than a planning machine which is mechanically fed)
shall not be used for overhand planning unless it is fitted with a cylindrical cutter
block.
(2) Every planning machine used for overhand planning shall be provided with a
"brige" guard capable of covering the full length and breadth of the cutting slot
in the bench and so constructed as to be easily adjusted both in a vertical and
horizontal direction.
(3) The fee roller of every planing machine used for thicknessing except the
combined machine for overhand planing and thicknessing, shall be provided with
an efficient guard.
10. Vertical Spindle moulding machines-
(1) The cutter of every vertical spindle moulding machine shall be guarded by the
most efficient guard having regard to the nature of the work being performed.
(2) The wood being moulded at a vertical spindle moulding machine shall, if
practicable, be held in a zig or holder of such construction as to reduce as far as
possible the risk of accident to the worker.
The guards and other appliance required under this Schedule shall be-
18. Exemptions-
Paragraphs 6, 8, 9 and 10 shall not apply to any wood working machine in respect of
which it can be proved that other safeguards are provided, maintained and used which
render the machine as safe as it would be if guarded in the manner prescribed in this
Schedule.
CHAPTER V
WELFARE
(1) This rule shall come into force, in respect of any class or description of factories,
on such dates as the Chief Commissioner may, by notification in the official
gazette, appoint in this behalf.
(2) There shall be provided and maintained in every factory for the use of employed
persons adequate and suitable facilities for washing which shall include soap and
nail brushes or other suitable means of cleaning and the facilities shall be
conveniently accessible and shall be kept in a clean and orderly condition.
(3) 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
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,
(4) (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 immediately vicinity of every trough
tap, jet, wash basin, standpipe and shower shall be so laid or finished as to
provide a smooth impervious surface and shall be adequately drained,
(5) For persons whose work involves contact with any injurious or noxious substance
there shall be at least one top for every fifteen persons; and for persons whose
work does not involve such contact the number of taps shall be as follow :-
Upto 20 1
21 to 35 2
36 to 50 3
51 to 150 4
151 to 200 5
Exceeding 200 but not exceeding 5 plus one top for every 50 or fraction of 50
500
(6) 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 the workers
"For Women Only" and shall also be indicated pictorially,
(7) 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 there the Chief
Inspector is satisfied that such an yield is not practicable he may by certificate in
writing permit the supply of a smaller quantity not being less the then one gallon
per day for every person employed in the factory,
(v) 1 (1 oz.) bottle containing a two per cent, alcoholic solution of iodine.
(vi) 1 (1 oz.) bottle containing sal-volatile having the dose and mode of
administration indicated on the label.
(x) 1 copy of the first aid leaflet issued by the Chief Adviser, Factories,
Government of India.
B. For factories in which mechanical power is used and in which the number of
persons employed exceeds ten but does not exceeds fifty-Each first-aid box or
cupboard shall contain the following equipment:-
(vi) 1 (2 oz.) bottle containing a two per cent alcoholic solution of iodine.
(vii) 1 (2 oz.) bottle containing sal-volatile having the dose and mod of
administration indicated on the liable.
C. For factories employing more than fifty persons. Each first-aid box or cupboard
shall contain the following equipments:-
(ix) 1 (4 oz.) bottles containing a two per cent alcoholic solution of iodine.
(xviii) 1 tourniquet.
Provided that items (xii) to (xviii) inclusive need not be included in the standard
first-aid box or cupboard (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.
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.
(2) The ambulance room or dispensary shall be separated from the rest of the factory
and shall be used only for the purpose of first-aid treatment and rest. It shall
have a floor area of at least 250 sq. ft. 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.
(iv) A couch.
(viii) A kettle and spirit stove or other suitable means of boiling water.
(3) 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.
(4) A record of all cases of accident and sickness treated at the room shall be kept
and produced to the Inspector of Certifying Surgeon when required.
(1) Rules 65 to 71 shall come into force in respect of any class or description of
factories on such dates as the Chief Commissioner may, by notification in the
official gazette, appoint in this behalf.
(2) The occupier of every factory notified by the Chief Commissioner, and wherein
more than two hundred and fifty workers are ordinarily employed shall provide
in or near the factory an adequate canteen according to the standards prescribed
in these Rules.
(3) The Manager of a factory shall submit for the approval of the Chief Inspector
plans and site plan, in duplicate, of the building to be constructed or adapted for
use as a canteen.
(4) The canteen building 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 abnoxious fumes.
Provided that the Chief Inspector may in any particular factory relax the
provisions of this sub-rule to such extent as may require measures to be
adopted to secure the essential purpose of this sub-rule.
(5) The can teen build ing shall be constructed in accordance with the plans
approved by the Chief Inspector and shall accommodate at least a dining hall,
kitchen, store room, pantry and washing places separately for workers and for
utensils.
(6) In a canteen the floor and inside walls up to a height of a 4 feet from the floor
shall be made of smooth and impervious materials; the remaining portion of the
inside walls shall be made smooth by cement plaster or in any other manner
approved by the Chief Inspector .
(7) The doors, windows of a canteen building shall be of fly proof construction and
shall allow adequate ventilation.
(8) The canteen shall be sufficiently lighted at all times when any person have
access to it.
(9) (a) In every Canteen-
(i) all inside walls of rooms and all ceilings and passages and
staircases shall be lime-washed or colour-washed at least once
each year or painted once in three years dating from the period
when last lime-washed, or painted, as the case may be;
(ii) all wood work shall be varnished or painted once in three years
dating from the period when last varnished or painted;
(10) The precincts of the canteen shall be maintained in a clean and sanitary
condition. Waste water shall be carried away in suitable covered drains and shall
not be allowed to accumulate so as to cause a nuisance. Suitable arrangement
shall be made for the collection and disposal of garbage.
(1) The dining hall shall accommodate at a time at least 30 per cent of the workers
working at a time :
Provided that, in any particular factory or in any particular class of factories, the
Chief Commissioner may, by a notification in this behalf, alter the percentage of
workers to be accommodated.
(2) The floor area of the dining hall, excluding the area occupied by the service
counter and any furniture except tables and chairs, shall be not less than 10
square feet per diner to be accommodated as prescribed in sub-rule (1),
(3) A portion of the dining hall and service counter shall be partitioned off and
reserved for women workers in proportion to their number. Washing place for
woman shall be separate and screened to secure privacy.
(4) Sufficient tables, chairs or benches shall be available for the number of diners to
be accommodated as prescribed in sub-rule (1).
67. Equipment-
(1) There shall be provided and maintained sufficient utensils, crockery, cutlery,
furniture and any other equipment necessary for efficient running of the canteen.
Suitable clean clothes for employees serving in the canteen shall also be provided
and maintained.
(2) The furniture, utensils and other equipment shall be maintained in a class 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 utensils and equipment.
(3) Where the canteen is managed by a co-operative society, registered under the
Bombay Co-operative Societies Act, 1952 as in force in the Union Territory of
Delhi, the occupier shall provide and maintain the equipment as required under
sub-rule (1) for such Canteen.
(1) Food, drink and other items served in the canteen shall be sold on a non-profit
basis and the prices charged shall be subject to the approval of the Canteen
Managing Committee.
(2) In computing the prices referred to in sub-rule (1) 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;
(d) the water charges and expenses for providing lighting and ventilation;
(e) the interest on the amount spentpn the provision and maintenance of the
building furniture and equipment provided for the canteen;
(f) the cost of fuel required for cooking or heating food stuffs or water; and
(3) The charge per portion of foodstuff, beverages and any other item served in the
canteen shall be conspicuously displayed in the canteen.
69. Account-
(1) All books of accounts, registers and any other documents used in connection with
running of the canteen shall be produced on demand to an Inspector of Factories.
(2) The accounts pertaining to the Canteen shall be audited, once every twelve
month, by registered accountants and auditors. The balance-sheet prepared by
the said auditors shall be submitted to the Canteen Managing Committee not
latter two month after the closing of the audited accounts.
(3) Provided that the accounts pertaining to the canteen in a Government may be
audited in such Department. Provided further that where the canteen is managed
by a co-operative society of the workers of the factory, registered under the
Bombay Co-operative Societies Act, 1925, as in force in the Union Territory of
Delhi, the accounts pertaining to such canteen may be audited in accordance with
the provisions of the said Act.
(1) The Manager shall appoint a Canteen Managing Committee which shall be
consulted from time to time as to :
(2) The Canteen Managing Committee shall consist of an equal number of persons
nominated by the occupier and elected by the 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.
(3) The Manager shall determine and supervise the procedure for elections to the
Canteen Managing Committee.
(4) A Canteen Managing Committee shall be dissolved by the Manager two years after
the last election, no account being taken of a bye-election.
The shelters, or rest rooms and lunch rooms shall confirm to the following standards
and the Manager of a factory shall submit for the approval of the Chief Inspector a site
plan in duplicate of the building to be so constructed or adopted-
(a) The building shall be soundly constructed and all the walls and roof shall be of
suitable heat resisting materials and shall be waterproof. The floor and walls to a
heigh t of 3 feet 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 floor
level to the lowest part of the roof and there shall be at least 12 square feet of
floor area for every person employed.
Provided that (i) 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 (ii) 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 provided 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 is to keep the rooms, building
and precincts thereof in a clean and tidy condition.
(1) The creche shall be conveniently accessible to the mother 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 dours are given off or in which excessively noisy processes are carried in.
(2) 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 and internal walls of the creche shall be so laid or finished as to
provide a smooth impervious surface,
(3) 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 sq. ft. of
floor area for each child to be accommodated,
(4) Effective and suitable provision shall be made in every part of the crèche for
securing and maintaining adequate ventilation by the circulation of fresh air.
(5) 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,
(provided that for children over two years of age it will be sufficient if suitable
bedding is made available) 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 older children.
(6) A suitably fenced and shady open air play-ground shall be provided for the older
children, Provided that the Chief Inspector may by order in writing exempt any
factory from compliance with this sub-rule if he is satisfied that there is not
sufficient space available for the provisions of such a play-ground,
73-
A.
The case equivalent of the advantage accruing through the concessional sale to a worker
of food- grains and other articles shall be 1computed at the end of the every wages
period fixed under the provisions of the payment of Wage Act, 1936.
73-
B.
For the purpose of computing cash equivalent of the advantage occurring through the
concessional sale to a worker of food grains and other articles, the difference between
the value of food grains and other articles at the average rates in the nearest market
prevailing during the wages period in which over time was marked and value of food
grains and other articles supplied at concessional rates shall be calculated and allowed
for the number of overtime hours worked.
This rule shall not apply the any Federal Railway Factory whose alternative method of
computation has been approved by the Chief Commissioner.
74. Wash Room-
(1) There shall be in or adjoining the creche a suitable wash room for the washing of
the children and their clothing. The wash room shall conform to the following
standards:-
(a) 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.
(b) There shall be at least one basin or similar vessel for every four children
accommodated in the creche at anyone 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.
(c) An adequate supply of clean clothes, soap and clean towels shall be made
available for each child while it is in the creche.
(2) Adjoining the wash 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 Public Health Authority, by the Chief Inspector of
Factories.
76-
Welfare Officers-
A.
(1) There shall be one Welfare Officer for factories employing between 500 to 2000
workers. Where the number of workers exceeds 2000, there shall be an additional
Welfare Officer for every additional to thousand workers or fraction thereof over
500.
(c) has adequate knowledge of the language spoken by the majority of the
workers in the factory which he is to be attached.
Provided that, in the case of a person, who is acting as a Welfare Officer to the
commencement of this rule, the Chief Commissioner may, subject to such
conditions as he may specify, relax all or any of the aforesaid qualifications,
Provided further that the Chief Commissioner may relax the above qualification if
he is satisfied that the person is otherwise fully competent of discharge the
duties,
(3) (a) The post of a Welfare Officer shall be advertised in at least two
newspapers, one which shall be in English, having a wide circulation in the
State.
(b) The selection shall be made from amongst the candidate applying for the
post by a Committee appointed by the Occupier of the Factories.
(c) The appointment when made shall be notified by the Occupier the Chief
Commissioner or such authority as the Chief Commissioner may specify for
the purpose, giving full details of the qualifications etc. of the officer
appointed and the conditions of his service,
(4) (a) A Welfare Officer shall be given a status corresponding to the status of the
other executive heads of the factory and shall be appointed at a minimum
salary of Rs, 200.00 pet month.
(b) The conditions of service of a Welfare Officer shall be the same as of other
members of the staff of corresponding status in the factory, provided that
no punishment shall be inflicted on a Welfare Officer without obtaining the
prior approval of the Chief Commissioner.
(iii) to study and understand the point of view of labour in order to help the
factory management to shape and formulate labour policies and to
interpret these policies to the workers in a language understood by them;
(iv) to watch industrial relations with a view to use his influence in the event
of a dispute arising between the factory management and workers and to
bring about a settlement by persuasive efforts;
(vi) to advise and assist the management in the fulfillment of its obligations
statutory or otherwise, concerning prevention of personal injuries and
maintaining a safe work environment in such factories where Safety
Officer is not required to be appointed under the enabling provisions
under section 4OB;
(ix) to help the factory management in regulating the grant of leave with
wages and explain to the workers the provisions relating to leave with
wages and other leave privileges and to guide the workers in the matter
of submission of applications for the grant of leave for regulating
authorised absence;
(xii) to suggest measures which will raise the standard of living of workers and
promote their well-being in general.
(6) The Chief Commissioner may, by notification in the official Gazette, exempt any
factory or class or description of factories from the operation of all or any of the
provisions of this rule subject to such conditions as may be specified in the said
notifications.
(7) Welfare Officers not to deal with disciplinary cases .or Appear on behalf of the
management against workers.
No Welfare Officer shall deal with any disciplinary case against a worker or appear
before a Conciliation Officer, or in a Court or Tribunal on behalf of the factory
management against a worker or workers.
SCHEUDLE
1. Manager
2. Assistant Manager
3. Chief Engineer
4. Chief Chemists
5. Departmental head
7. Labour Officers
8. Overseers
9. Boiler Incharge
16. Foreman
19. Workshop Overseers/or works incharge Working in Spg. & Wvg. Fac.
21. Supervisors
22. Jobbers
Overseers
23.
CHAPTER VI
WORKING HOURS OF ADULTS
(1) Except in the case of workers 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 (1) of Section 52 of the Act shall be so spaced
that not more than two holidays are given in one week.
(2) 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 following month and of the dates thereof, at the place at
which the notice of Periods of Works, prescribed under Section 61 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.
(4) (a) The manager shall maintain a Register in Form No.9: 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 factory or return made by the
Manager, gives in respect of any or all of the workers in the factory the
particulars required for the enforcement of Section 52; 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.
(b)
The register maintained under Clause (a) shall be preserved for a period of
three years after the last entry in it and shall be produced before the
Inspector on demand.
78-
Overtime slip for Overtime work-
A.
Period of overtime work shall be entered in overtime slip in Form No.10 (a) in duplicate a
copy of which duly signed by the Manager or by a person duly authorised by him in this
behalf shall be given to the worker immediately after completion of this overtime work.
(a) in Form 11 (a) when all the adult workers in a factory are required to work
within the same period.
(ii) Any other persons specified, who in the opinion of the Chief Inspector holds a
position of supervision or management and if so declared by him in writing.
1. Stenographers.
7. Any other person who is in the opinion of the Inspector holds a confidential
position and is so declared by him in writing.
SCHEDULE
Section of Class of Nature of Extent of Condition of exemption
the Act factory exempted work exemption
empowering
exemption
1 2 3 4 5
(b) 64 All Factories Work Sections As at (i), (ii), (iii) & (iv)
(2)(c) and performed by 51, 54, 55 against entry (b)
64(3) drivers on & 61
lighting,
ventilating and
humidifying
apparatus,
work
performed by
fire pumpmen.
Work of person
engaged in
factories where
such work is
intermittent
and mainly
outside the
factory
premises.
(d) 64 (2) & Electric Work Sections (i) The total number of
64 (3) supply performed by 51, 54, 55 hours of over time work of
undertaking workers on & 61 any workers shall not
generating operation of exceed 50 for any one
electricity boiler, prime quarter.
movers,
auxiliaries and
switch gear.
(e) 64 (2) Dairies All work Section (vi) The work of such
(c) & 64 (3) 52 workers on Sunday shall
not exceed 4 hours.
(f) 64 (2) Engine room Workers Section As at(ii) against entry (d)
(h) & 64 (3) & boiler employed on 52
houses operation of
engines and
boilers.
(g) 64 (2) All Newspaper Teleprinter Section As at (i), (ii), (iii), (iv)
(i) & 64 (3) Service 51, 52, against entry at (b).
54, 55, 56
& 61
(h) 64 (2) All factories Loading, Section As at (i), (ii), (iii), (iv)
(j) unloading of 51, 54 & against the entry at item
Railway 61 (d) 64 (2) (d) and 64 (3)
wagons, lorries
of Trucks.
(i) No worker shall be
allowed to work for more
than 60 hours in one
week.
Explanation :-
The following shall be considered to be urgent repairs.
(a) not possible be done without stoppage of the normal manufacturing Repairs to
any part of machinery, plant or structure of a factory which are such a nature that
delay in their execution involve, danger in their human life of safety or the
stoppage of manufacturing process.
(b) Break - down repairs to the motive power, transmission or other essential plant of
other factories, collieries, railways dockyards, harbours, tramways, motor
transport, gas, electrical generating and transmission, pumping or similar
essential or public utility service carried out in a general engineering works and
foundaries and which are necessary to enable such concerns to maintain their
main manufacturing process, production of service during normal working hours.
(c) Repairs in connection without change of motive power, for example from steam to
electricity or vice versa, when such work can process.
CHAPTER VII
EMPLOYMENT OF YOUNG PERSON
86-
A.
The cash equivalent of the advantage accruing through the concessional sale of food
grains and other articles payable to workers proceeding on leave shall be the
difference between the value at the average rates in the nearest market prevailing
during the month immediately proceeding his leave and the value at the concessional
rates allowed of food grains and other articles he is entitled to.
For the purpose of the cash equivalent monthly average market rate of food grains and
other articles shall be computed at the end of every month.
CHAPTER VIII
(1) The Manager shall keep a Register in Form No.15 hereinafter called the Leave
with Wages Register :
Provided that if the Chief Inspector is of the opinion that any muster-toll or
register maintained as part of the routine of the factory, or return made by the
manager, gives, in respect of any or all of 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 of
return required under this Rule in respect of that factory.
(2) The Leave with Wages register shall be preserved for a period of three years after
the last entry in it and shall be produced before the Inspector on demand.
(1) "The Manager shall provide each worker who has become entitled to leave during
a calender Year, with a book in Form No.16 (hereinafter called the Leave Book).
Not latter than the 31st January of the following calender Year. The leave Book
shall be the property of the worker and the Manager of his agent shall not
demand it except to make the relevant entries therein whenever necessary and
shall not keep it for more than a week, at a time.
Provided that in the case of a worker who is discharged or dismissed from service
during the course of the year i.e. who is covered under sub-section (3) section 79
of the Act, the Manager shall issue an abstract from the "Register of Leave with
Wages" (Form No.15) within a week from the date of discharge or dismissal, as
the case may be.
(2) If a worker loses his Leave Book, Manager shall provide him with another copy on
payment of 15 nay paise and shall complete it from his record.
(1) As far as circumstances parried members of the same family comprising husband,
wife and children shall be allowed leave on the same date.
(2) The Manager may alter the dates fixed for leave only after giving a notice of four
weeks to the worker.
FORM
I hereby require that in the event of my death before resulting work to balance of my
pay due for the period of leave with wages not availed of shall be paid to......... who is
my........... and resides at............... "The nomination shall remains in force until it is
cancelled or revised by another nomination".
(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, leave taken
and wages granted.
(2) He shall display at the main entrance of the factory, a notice giving full details of
the system established in the factory for leave with wages and shall send a copy
of it to the Inspector.
(3) No alteration shall be made in the scheme approved by the Chief Commissioner at
the time of granting exemption under Section 84 without its previous sanction.
CHAPTER IX
SPECIAL PROVISIONS
4. Glass manufacture.
9. Liming and tanning of raw hides and skins and processes incidental
thereto.
(2) The provisions specified in the Schedules annexed hereto shall apply to any class
or description of factories wherein dangerous manufacturing process or operation
specified in each Schedule are carried out.
(2-A) (a) For the medical examination of workers to be carried out by the
Certifying Surgeon as required by the Schedule annexed to this
rule, the occupier of the factory shall pay fees at the rate of
Rupees one per year for each worker.
(c) The fees to be paid for medical examinations shall be paid into
the local treasury under the head of account Major Head 087,
Labour and Employment, Receipts Under Labour Law. Receipts
under various Acts, Fee realised under Factories Act.
(3) The Rule shall come into force in respect of any class or description of factories
wherein the said operations are carried on such dates as the Chief Commissioner
may, by notification in the official gazette, appoint in this behalf.
(4) Notwithstanding the provisions specified in the Schedule annexed to this rue, the
Inspector or the Chief Inspector, as the case may be, by issue of order in writing
to the manager, or occupier or both, direct to carry out such ____ and within
such time, as may be specified in such order with a view to ____ conditions
dangerous to the health of the workers or to suspend any process, where such
process constitutes in the opinion of the Inspector or the Chief Inspector, as the
case may be, danger of poisoning or toxicity.
SCHEDULE I
1. Fencing of machines-
All machines for filling bottles or syphons shall be so constructed, placed or fenced as to
prevent, as far as may be practicable, a fragment of a bursting bottle or syphon from
striking any person employed in the factory.
2. Face guards and gauntlets-
(1) The occupier shall provide and maintain in good condition for the use of all
persons engaged in filling bottles or syphons:
(a) suitable face-guards to protect the face, neck and throat, and
(b) suitable gauntlets for both arms to protect the whole hand and arms.
Provided that :
(i) paragraph 2(1) shall not apply where bottles are filled by means of
an automatic machine so constructed that no fragment of a bursting
bottle can escape, and
(ii) where a machine is so constructed that only one arm of the bottler
at work upon it is exposed to danger, a gauntlet need not be
provided for the arm which is not exposed to danger.
(2) The occupier shall provide and maintain in good condition for the use of all
persons engaged in corking, crowning, screwing, wiring, foiling, capsuling,
sighting or labelling bottles or syphons-
(a) suitable face-guards to protect the face, neck and throat, and
(b) suitable gauntlets for both arms to protect the arms and at least half of the
palm and the space between the thumb and forefinger .
SCHEDULE II
Electrolytic plating or oxidation of metal articles by use of an electrolyte containing acids,
bases or salts or metals such as chromium, nicklex, cadmium, zinc, copper, silver, gold
etc.-
1. Definitions-
For the purposes of this Schedule :-
(a) "electrolytic process" means the electrolytic plating or oxidation of metal articles
by the use of an electrolyte containing acids, bases or salts of metals such as
chromium, nickel, cadmium, zinc, copper, silver, gold etc.
(b) "bath" means any vessel used for an electrolytic process or for any subsequent
process; and
(c) "employed" means employed in any process involving contact with liquid from a
bath.
2. Exhaust draught-
An efficient exhaust draught shall be applied to every vessel in which an electrolytic
process is carried on. Such draught shall be provided by mechanical means and shall
operate on the vapour or spray given off in the process a near as may be at the point of
origin. The exhaust draught appliances shall be so constructed, arranged and maintained
as to prevent the vapour or spray entering into any room or place in which work is
carried on.
4. Floor of workrooms-
The floor of every workroom containing a bath shall be impervious to water. The floor
shall be maintained in good and level condition and shall be washed down at least once a
day.
5. Protective devices-
(1) The occupier shall provide and maintain in good and clean condition the following
articles of protective devices for the use of all persons employed on any process
at which they are liable to come in contact with liquid from a bath and such
devices shall be worn by the persons concerned-
(b) for persons actually working at a bath, loose fitting rubber glove and
rubber or other waterproof footwear, and chemical goggles.
(2) The occupier shall provide and maintain for the use of all persons employed
suitable accommodation for the storage and drying of protective devices.
6. Water facilities-
(1) There shall be provided and maintained in good repairs for the use of all
persons employed in electrolytic process and processes incidental to it-
(i) a trough with a smooth impervious surface filled with a waste pipe,
and of sufficient length to allow at least 60 cms for every 5 persons
employed at anyone time, and having a constant supply of water
from taps or jets above the trough at intervals of not more than 60
cms, or
(ii) at least one wash basin for every five such persons employed at
anyone time, fitted with a waste pipe and having a constant supply
of water laid on.
(b) a sufficient supply of clean towels renewed daily, and soap or other
suitable cleaning material.
7. Cautionary placard-
A cautionary placard in the form specified below and printed in the language of the
majority of the workers employed shall be affixed in a prominent place in the factory
where it can be easily and conveniently read by the workers.
CAUTIONARY NOTICE
A. Electrolytic plating-
1. Chemicals handled in this plant are corrosive and poisonous.
3. Some of these chemicals may be absorbed through the skin and may cause
poisoning.
6. Spillage of the chemicals on any part of the body or on the floor shall be
immediately washed away with water.
7. All workers shall report for the prescribed medical tests regularly to protect
their own health.
(1) The occupier of every factory in such electrolytic processes are carried on
shall-
(b) provide to the said medical practitioner all the necessary facilities for
the purpose referred in clause (a); and
(2) The medical practitioner shall examine all workers before they are
employed in electrolytic processes. Such examination in case of chrome
plating shall include inspection of hands, forearms and nose and will be
carried out once at least in every fortnight.
(c) in case of cadmium plating, test for cadmium in urine and microglobullin in
urine.
(2) No worker shall be employed in any electrolytic process unless certified fit for
such employment by the Certifying Surgeon.
(4) The Certifying Surgeon after examining a worker, shall issue a Certificate of
Fitness in Form 5. The record of examination and re-examination carried out shall
be kept in the custody of the manager of the factory. The record of each
examination carried out under sub-paragraphs (1) and (2), including the nature
and the results of the tests, shall also be entered by the Certifying Surgeon in a
health register in Form 17.
(5) The certificate of Fitness and the health register shall be kept readily available for
inspection by the Inspector.
(6) If at any time the Certifying Surgeon is of the opinion that a worker is no longer
fit for employment in the electrolytic processes on the ground that continuance
therein would involve danger to the health of the worker, he shall make a record
of his findings in the said certificate and the health register. The entry of his
findings in those documents should also include the period for which he considers
that the said person is unfit for work in the said processes. The person declared
unfit in such circumstances shall be provided with alternate placement facility
unless he is fully incapacitated in the opinion of the Certifying Surgeon, in which
case the person affected shall be suitably rehabilitated.
(7) No person who has been found unfit to work as said in sub-paragraph (6) shall be
re-employed or permitted to work in the said processes unless the Certifying
Surgeon, after further examination, again certifies him fit for employment in
those processes.
SCHEDULE III
2. Definitions-
For the purposes of this Schedule:-
(a) "Lead Process " means the melting of lead or any material containing lead casting,
pasting, lead burning, or any other work including trimming, or any other
abrading or cutting of pasted plates, involving the use, movement or manipulation
of, or contact with, any oxide of lead.
(b) "Manipulation of raw oxide of lead" means any lead process involving any
manipulation on movement of raw oxides of lead other than its conveyance in a
receptacle or by means of an implement from one operation to another.
(c) "Suspension" means suspension from employment in any lead process by written
certificates in the Health Register (Form 17) signed by the Certifying Surgeon,
who shall have power of suspension as regards all persons employed in any such
process.
(b) Pasting;
5. Air Space--
In every room in which a lead process is carried on, there shall be at least 500 cubic feet
of air space for each person employed therein and in computing this air space no height
over 12 feet shall be taken into account.
6. Ventilation-
Every work-room shall be provided with inlets and outlets of adequate size as to secure
and maintain efficient ventilation in all parts of the room.
8. Floor of work-rooms-
(1) The floor of every room in which a lead process is carried on shall be-
(c) Kept free from materials, plant or other obstruction not required for or
produced in the process carried on in the room.
(2) In all such rooms other than grid casting shop the floor shall be cleaned daily
after being thoroughly sprayed with water at a time when no other work is being
carried on in the room.
(4) Without prejudice to the requirements of sub-paragraphs (1) (2) and (3), where
manipulation of raw oxide of lead or pasting is carried on, the floor shall also be-
9. Work-benches-
The work-benches at which any lead process is carried on shall-
(a) have smooth surface and be maintained in sound condition;
be kept free from all material or plant not required for, or produced in the process
(b) carried on thereat; and all such work-benches other than those in grid casting
shops shall-
be cleansed daily either after being thoroughly damped or by means of a suction
(c) cleaning apparatus at a time when no other work is being carried on thereat
and all such work-benches in grids casting shops, shall-
be cleansed daily;
(d)
and every work-bench used for pasting shall-
(c) Pasting; -
(d) Trimming, brushing, filing or any other abrading or cutting of pasted plates giving
rise to dust;
(ii) Chemical burring for the making of lead linings for cell case necessarily
carried on in such a manner that the application of efficient exhaust in
impracticable.
(b) A Health Register in Form No.17 containing the names of all persons employed in
a lead process shall be kept.
(c) No person after suspension shall be employed in a lead process without written
sanction from the Certifying Surgeon entered in or attached to the Health
Register.
The mess-room shall be provided under the charge of a responsible person and shall
be kept clean.
18. Cloak-Room-
There shall be provided and maintained for the use of all persons, employed in a lead
process-
(a) a cloak-room for clothing put off during working hours with adequate
arrangements for drying the clothing if wet. Such accommodation shall be
separate from any mess-room;
(b) separate and suitable arrangements for the storage of protective clothing
provided under paragraph 16.
(i) a trough with a smooth impervious surface fitted with a waste pipe,
without plug and of sufficient length to allow of at least two feet for every
five such persons employed at anyone time, and having a constant supply
of water from taps or jets above the trough at intervals of not more than
two feet; or
(ii) at least one wash basin for every five such persons employed at anyone
time, fitted with a waste pipe and plug and having a constant supply of
water laid on;
(iii) a sufficient supply of clean towels made of suitable renewed daily, which
supply, in the case of pasters and employed in the manipulation of raw
oxide of lead, shall include a separate marked towel for each such worker;
(iv) a sufficient supply to soap or other suitable cleansing material and of nail
brushes.
(b) There shall in addition be provided means of washing in close proximity to the
rooms in which manipulation of raw oxide of lead or pasting is carried on, if
required by notice in writing from the Chief Inspector.
APPENDIX
NOTIFICATION
No. F. 11 (32) /58 I & L :- In exercise of the powers conferred by sub-section (3) of
Section 26 of the Factories Act, 1948 read with the Government of India, Ministry of
Labour & Employment Notification No. S. 0.108, dated 14th February,1958, the Chief
Commissioner, Delhi hereby makes the following amendment to the Delhi Factories
Rules, 1950, the draft of which was published with his Notification of even number
dated 10th July, 1958 -
AMENDMENT
*53-A- The provisions of sub-section (2) which prohibit the sale or letting
on hire of certain machines of Section 26 of the Act shall extend to the
class or description of machines specified in the first column of the
Schedule suspended to this Rule.
(2) No machine specified in the firs t column of the Schedule above mentioned
shall be sold or let on hire by any person for use in any factory after the
date of bringing these rules in force unless it is constructed or provided
with guards, fencing or other protective devices in conformity with the
requirements set opposite to the class of description to which the machine
belongs in the second column of the said Schedule.
(3) Provision under these rules shall not be deemed to relieve any occupier or
manager of a factory of his responsibilities under Section 21 of the
Factories Act, 1948.
SCHEDULE
Requirements as to the construction and safeguards or machines
Blowing Room 1. (a) Beater covers and the door immediately over the
Machinery. dirt grid shall be fitted with an automatic looking
arrangement which renders it impossible to open the
covers while the beater is still running, or to restore
the machinery until the doors have been closed.
Drawing Frames. 1. The roller gearing shall be effectively covered and the
cover shall be so locked that it cannot be raised until
the machine is stopped and the machine cannot be
started until the cover is closed.
Speed Frames. 1. All jack boxes shall be fitted with automatic locks
which shall prevent the doors being opened while the
machinery is in motion and shall rends it impossible to
restart the machine until the door has been closed.
Ring and Throttle 1. All toothed gearing such as headstock wheels draft
Frames wheels and these driving the lifting gear shall be
securely covered. The guard covering the draft pinion
wheels shall be so locked that the cover cannot be
raised until the machine is stopped and the machine
cannot be started until the cover is closed. The outer
and of the frame shall be filled in with metal plates.
Clay Pans and fize 1. . All toothed gearing and shafting connected therewith
Beeks. shall be effectively guarded.
Taping Machine. 1. The distance between the periphery of the smaller and
large cylinders shall not be less than six inches and
where this distance is less than six inches the nip shall
be effectively guarded.
Plaiting Machines. 1. All the toothed gearing including the gearing driving
the bottom shaft shall be effectively covered.
2. At the delivery and between the knife and the card bar
a guard shall be provided.