The Occupational Safety, Health and Working Conditions (Central) Rules, 2020

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:

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(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.

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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.

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

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:

[भाग II—खण्‍ड 3(i)] भारत‍का‍राजपत्र‍:‍असाधारण 81

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.

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

(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

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

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;

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(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.

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(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.

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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.

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(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.

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(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

Date: 2020.11.19 23:57:41 +05'30'