Supreme Court Stays Bombay HC's Order on 'Skin to Skin' Contact for POCSO Sexual Assault

The Supreme Court on Wednesday stayed the Bombay High Court's controversial order acquitting an accused, which had stated 'skin-to-skin' contact necessary to be classified as sexual assault under the POCSO Act. Attorney General KK Venugopal said the order would set a dangerous precedent.

The Bombay High Court had recently modified a sessions court order that held a man guilty of a minor's sexual assault, ruling that groping a child without "skin-to-skin contact with sexual intent" does not amount to the offence under the Prevention of Children from Sexual Offences (POCSO) Act. The judgement was passed on January 19, the detailed copy of which was made available on Sunday.

Justice Pushpa Ganediwala, hearing the case for the Nagpur Bench of the court, had held that act of groping the 12-year-old girl's chest and attempting to strip her would amount to molestation under Section 354 of the IPC (outraging a woman's modesty). The revised sentence punished the accused with one year's imprisonment for the less graver offence.

The sessions court had sentenced him to three years of imprisonment for the offences under the POCSO Act and under IPC section 354. The sentences were to run concurrently.

"The act of pressing of breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside the top and pressed her breast, would not fall in the definition of sexual assault," it said.

The POCSO Act defines sexual assault as when someone "with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault". The court, in its verdict, held that this "physical contact" mentioned in the definition of sexual assault must be "skin to skin" or direct physical contact.

After the news broke, experts bodies and women rights organizations condemned the move.

The International Planned Parenthood Federation (South Asia) reacted to the ruling with grave concern on it. The IPPF had said that the judgment is "deeply flawed" in its understanding of child sexual abuse and "fails to take into account the power hierarchy when an adult person abuses his/her authority over a child/minor".

The IPPF had said in its statement.

"We are concerned about the judgement of the Indian court and believe it fails to take into account that child sexual abuse occurs when a person uses his/her power over a child or youth," 

National Commission for Women (NCW) Chairperson Rekha Sharma had said

"This judgment will not only have a cascading effect on various provisions involving safety and security of women in general but also subject all women to ridicule"

IN THE HIGH COURT OF JUDICATURE AT BOMBAY 

NAGPUR BENCH 

CRIMINAL APPEAL NO. 161 OF 2020 

Satish s/o Bandu Ragde,
aged about 39 years,
occupation – Private Work,

r/o Gond Mohalla, Deepak
Nagar, Behind Surendragarh
Durga Mandir, Nagpur. ... APPELLANT 

Versus

The State of Maharashtra through Police Station Officer,

Gittikhadan, Nagpur. … RESPONDENT

Shri Sk. Sabahat Ullah, Advocate for the appellant.

Shri M.J. Khan, APP for the respondent.

…..

CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 19, 2021.

ORAL JUDGMENT : 

Heard Shri Sk. Sabahat Ullah, learned counsel for the petitioner and Shri Khan, learned APP for the respondent. 

2. This is an appeal against the judgment and order dated 05.02.2020 in Special Child Protection Case No. 28 of 2017 passed by the Extra Joint Additional Sessions Judge, Nagpur, by which the appellant is convicted for the offence punishable under Sections 354, 363 and 342 of the Indian Penal Code (hereinafter referred to as IPC) and Section 8 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter referred to as POCSO Act), in Crime No. 405 of 2016 registered at Police Station Gittikhadan, Nagpur, District – Nagpur. 

3. For the offence punishable under Section 8 of the POCSO Act read with Section 354 of the IPC, the appellant is sentenced to suffer R.I. for three years and to pay a fine of Rs. 500/-, in default of fine to suffer R.I. for one month. 

For the offence punishable under Section 363 of the IPC, the appellant is sentenced to suffer R.I. for two years and to pay a fine of Rs. 500/-, in default of fine to suffer R.I. for one month. For the offence punishable under Section 342 of the IPC, the appellant is sentenced to suffer R.I. for six months and to pay fine of Rs. 500/-, in default of fine, to suffer R.I. for one month. All the substantive jail sentences were directed to run concurrently. The appellant is given set off for the period of sentence, he has already undergone. 

4. The prosecution story, in brief, is as under : 

i) On 14.12.2016, the informant (mother of the prosecutrix) (PW-1) lodged a report at police station Gittikhadan, Nagpur, stating therein that the appellant took her daughter (prosecutrix) aged about 12 years, on the pretext of giving her guava, in his house and pressed her breast and attempted to remove her salwar. At that point of time, the informant reached the spot and rescued her daughter. Immediately, she lodged First Information Report. On the basis of the said FIR, crime came to be registered against the appellant / accused vide Crime No. 405 of 2016 (Exh. 1) for the offence punishable under Sections 354, 363 and 342 of the IPC and under Section 8 of the POCSO Act. 

5. The police started an investigation. After investigation, a charge-sheet came to be filed in the Special Court, Nagpur, against the appellant. 

6. The Special Court framed charge (Exh. 11) against the appellant / accused under Sections 361, 354, 342 and 309 of the IPC and under Section 8 of the POCSO Act. The said charge was read over and explained to the appellant / accused, to which he denied. His plea was recorded. 

7. In order to establish the guilt against the appellant / accused, the prosecution examined all five witnesses and also brought on record the relevant documents. 

PW-1 is the informant - mother of the prosecutrix. 

PW-2 is the prosecutrix. 

PW-3 is the prosecution witness (neighbour). 

PW-4 is a WPSI – Kinake. 

PW-5 is the PSI who registered crime against the 

appellant / accused on the report of the informant. 

8. The Special Court recorded the statement of the appellant / accused under Section 313 of the Code of Criminal Procedure. 

9. After hearing both sides, the learned Court found the appellant / accused guilty of the crime registered against him and passed the judgment of conviction and sentenced him as above. The learned Special Court, however, acquitted the appellant / accused of the offence punishable under Section 309 of the IPC. This judgment of conviction is impugned in this appeal. 

10. I have heard Shri Sabahat Ullah, learned counsel for the appellant and Shri Khan, learned Additional Public Prosecutor for the respondent - State. I have also perused the record with the assistance of both the counsel. 

11. At the outset, the informant – PW-1 and the prosecutrix – PW-2 are the star witnesses. The age of the prosecutrix at the relevant time was 12 years and this fact is not seriously disputed by the learned counsel for the appellant. 

12. The informant - PW-1 - the mother of the prosecutrix deposed that the incident took place on 14.12.2016. On that day at about 11.30 AM, her daughter – the prosecutrix (name kept undisclosed) went to bring guava. As she did not come back for a long time, she started searching for her. Her neighbour told her that the appellant, who was staying in the vicinity of their house, took her daughter to his house and showed her the house of the appellant. PW1 went there calling “Laxmi, Laxmi”. She saw the appellant coming down from the first floor. She asked the appellant about the whereabouts of her daughter. He denied the presence of the prosecutrix in his house. PW-1 searched for her daughter on the ground floor and then she went up to the first floor. The room was bolted from outside. She opened it and found her daughter. Her daughter was crying. She took out her daughter from that room and her daughter narrated the incident that on the pretext of giving guava to her, the appellant brought her to his house and pressed her breast and when he tried to remove her knicker, she shouted. Thereafter he went out, after bolting the room from outside. Immediately, PW-1 along with her daughter proceeded to the Police Station and lodged a report. 

13. PW-2 – Prosecutrix testified that on the day of the incident, when she was going to bring guava, the appellant caught her hand and told her that he will provide guava to her and he took her to his house. He tried to remove her Salwar and pressed her breast. Then she shouted. The appellant pressed her mouth by his hand. The appellant went down by closing the door of the room from outside. Thereafter, her mother opened the door and entered the room and brought her outside. Then they went to Police Station for lodging report. 

14. PW-3, the neighbour, is examined on the point that she had heard the shouts of a girl and she informed PW-1 about it. 

15. A perusal of the testimony of PW-1 and PW-2 on the point of incident would reveal that both the witnesses are consistent on the point that the appellant pressed the breast of the prosecutrix. With regard to removing the knicker, though in her chief PW-1 stated that the appellant/ accused was trying to remove the knicker of her daughter, however, in cross examination she has corrected her statement and deposed that she told the police that the appellant tried to remove Salwar of her daughter. The prosecutrix was deposed about removing her salwar. So there is no confusion with regard to whether the accused tried to remove salwar or knicker. 

16. Now the question for consideration of this court is, whether the ‘pressing of breast’ and ‘attempt to remove salwar’ would fall within the definition of ‘sexual assault’ as defined under Section 7 and punishable under Section 8 of the POCSO Act. For better appreciation of evidence, it would be necessary to look into the definition of ‘sexual assault’, which is reproduced below: 

7. Sexual assault – Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other Act with sexual intent which involves physical contact without penetration, is said to commit sexual assault. 

As per this definition, the offence involves the following necessary ingredients : 

(i) Act must have been committed with sexual intent. 

(ii) Act must involve touching the vagina, penis, anus, or breast of the child. 

or 

making the child touch the vagina, penis, anus 

or 

breast of such person or any other person. 

or 

doing any other act with sexual intent which involves physical contact without penetration. 

17. The appellant/ accused is convicted for the offence of ‘sexual assault’. As per the definition of ‘sexual assault’, a ‘physical contact with sexual intent without penetration’ is an essential ingredient of the offence. The definition starts with the words - 

“Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person or does any other act with sexual intent…...’ The words ‘any other act’ encompasses within itself, the nature of the acts which are similar to the acts which have been specifically mentioned in the definition on the premise of the principle of ‘ejusdem generis.’ The act should be of the same nature or closure to that. 

18. Evidently, it is not the case of the prosecution that the appellant removed her top and pressed her breast. The punishment provided for offence of ‘sexual assault’ is imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine. Considering the stringent nature of punishment provided for the offence, in the opinion of this Court, stricter proof and serious allegations are required. The act of pressing of breast of the child aged 12 years, in the absence of any specific detail as to whether the top was removed or whether he inserted his hand inside top and pressed her breast, would not fall in the definition of ‘sexual assault’. It would certainly fall within the definition of the offence under Section 354 of the Indian Penal Code. For ready reference, Section 354 of the Indian Penal Code is reproduced below : 

“354. Assault or criminal force on a woman with intent to outrage her modesty. - Whoever assaults or uses criminal force to any woman, with the intention to outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.” 

19. So, the act of pressing breast can be a criminal force to a woman/ girl with the intention to outrage her modesty. The minimum punishment provided for this offence is one year, which may extend to five years and shall also be liable to fine. 

20. It is the basic principle of criminal jurisprudence that the punishment for an offence shall be proportionate to the seriousness of the crime. 

21. Section 7 of the POCSO Act, defines sexual assault and the minimum sentence provided is three years and Section 354 of the Indian Penal Code, which is related to outraging the modesty of a woman, prescribes minimum sentence of one year. In the instant case, having regard to the nature of the alleged act by the appellant and having regard to the circumstances, in the opinion of this Court, the alleged act fit into the definition of the offence as defined in Section 354 of the Indian Penal Code. 

22. The learned counsel for the appellant strongly argued with regard to testimony of PW-1, she being a hearsay witness. No doubt PW-1 does not claim to have seen the incident, however, her testimony would be relevant and admissible in evidence under Section 6 of the Evidence Act. The principle of res gestea would be applicable, being part of the same transaction. Evidently, she went to the house of the accused searching for her daughter, she saw the accused coming down from the first floor, she inquired with the appellant - accused about her daughter, he refused her presence, she searched for her daughter on the ground floor, she went upwards, she found the door of the room bolted from the outside, she opened the door, she found her daughter crying, she brought her daughter out of room, her daughter narrated the incident to her. All these events form the parts of the same transaction. 

23. The learned counsel for the appellant also argued with regard to the mental capacity of the girl, which was observed by the learned trial Court while recording her testimony. It is true that as per demeanor of the witness, she might not have that mental intelligence, however, the learned counsel could not point out from the record that she was not a competent witness and her answers to the questions were not rational. Secondly, immediately after the incident, she narrated the incident to her mother and on that basis the First Information Report came to be lodged and on material point of facts, the testimonies of both, mother and daughter are consistent. 

24. PW-3 is the witness, who informed PW-1 about the fact that she heard the noise of her daughter from the house of the appellant. The learned counsel pointed out some omissions in her testimony with regard to shouting of the girl “Maa Maa”. These are not the material omissions to disbelieve the prosecution story. Fact remains that she informed PW-1 that she heard shouts from the house of the appellant and PW-1 went there and she found her daughter. Other witnesses are formal in nature. 

25. The learned APP read out Section 7 of the POCSO Act, which defines sexual assault and submitted that the act which has been proved by the prosecution “pressing of breast” comes within the definition of sexual assault under Section 7 of the POCSO Act. 

26. It is not possible to accept this submission for the aforesaid reasons. Admittedly, it is not the case of the prosecution that the appellant removed her top and pressed her breast. As such, there is no direct physical contact i.e. skin 

to skin with sexual intent without penetration. 

27. In view of the above discussion, this Court holds that the appellant is acquitted under Section 8 of the POCSO Act and convicted under minor offence u/s 354 of IPC and sentenced him to undergo R.I. for one year and to pay fine of Rs.500/-, in default of fine to suffer R.I. for one month. The sentence for the offence punishable under Section 342 of the Indian Penal Code i.e. six months and fine of Rs.500/-, in default to suffer R.I. for one month, is maintained. The accused is on bail. His bail bond stands forfeited. Issue Non bailable warrant against the appellant – accused. All the substantive jail sentences shall run concurrently and the appellant – accused is entitled for set off under Section 428 of the Code of Criminal Procedure. 

28. Criminal Appeal stands disposed of accordingly.

How New Wages Definition shall effect 2021-22 Salary Budget

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

By : S K Gupta, Advocate, Supreme Court, 

011-22625485, skpfdelhi@gmail.com

www.makeinindialawfirm.com 

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

1. The Code on Wages, 2019 

2. The Code on Social Security,2020 

3. The Industrial Relations Code,2020 

4. The Occupational Safety, Health, and Working Conditions Code,2020 

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

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

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

1. basic pay; 

2. dearness allowance; and 

3. retaining allowance, if any, 

but does not include–– 

a. any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment; 

b. the value of any house accommodation, or of the supply of light, water, medical attendance or other amenity or any service excluded from the computation of wages by a general or special order of the appropriate Government; 

c. any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; 

d. any conveyance allowance or the value of any traveling concession; e. any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; 

f. house rent allowance; 

g. remuneration payable under any award or settlement between the parties or order of a court or Tribunal; 

h. any overtime allowance; 

i. any commission payable to the employee; 

j. any gratuity payable on the termination of employment; 

k. any retrenchment compensation or other retirement benefit payable to the employee or any ex gratia payment made to him on the termination of employment: 

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

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

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

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

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

PROACTIVE APPROACH & ACTION PLAN OF THE HR PROFESSIONALS 

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

Example: 

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

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

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

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

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

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

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

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

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

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

***************************************************************** 

END

PF Not Applicable to Trainees

SUPREME COURT OF INDIA

Hon’ble Mr. Justice Arijit Pasayat and Hon’ble Mr. Justice R.V. Raveendran

The Regional Provident Fund Commissioner, Mangalore Appellant V / s M/s Central Aercanut & Coca Marketing and Processing Co-op Ltd., Mangalore – Respondent Civil Appeal No 978 of 2000 - 30 / 01 / 06

NOTE: 

Employees Provident Fund and Miscellaneous Provisions Act, 1952 – Section 2(f) –Trainees/Apprentices appointed either under Apprentices Act or under Standing Orders Act – Have no right to employment – Employer not liable to pay contribution for them. – Industrial Employment (Standing Orders) Rules, 1946 – S.O. 2, clause (g) – The company employed out of 270 applicants, 45 as apprentice and in a combined order by Managing Director, notified 45 persons as being selected as apprentices and were given training in the factory and also indicated clearly that they did not have right of employment after training in the factory. They were paid stipend during the training period. The Authority under Section 7-A of the E.P.F. Act determined that the trainees are the employees for the purpose of the Act and the company is liable to pay the quantified amount, which was challenged by the company and Single Judge as well as Division Bench held that the trainees were not covered under the Act and hence the company is not liable to pay as determined by the EPF Authorities. The Supreme Court has held that by virtue of Section 2(f), trainees are not employees under the Act, hence it affirmed the order of the Single Judge and Division Bench.

JUDGMENT 

Arijit Pasayat, J.:– Challenge in this appeal is to the judgment of a Division Bench of the Karnataka  High Court affirming the judgment of the learned Single Judge. Both the learned Single Judge and the  Division Bench held that 45 persons who were selected as trainees were not covered by Employees  Provident Fund & Misc. Provisions Act, 1952 (in short the ‘Act’) as they cannot be called as  “employees” as defined under Section2(f)oftheAct. 

2.Background facts in a nutshell are as follows: 

3. The respondent invited applications from the intending applicants for undergoing training at its  Chocolate Factory, Puttur on a stipend of Rs.600/- per month which may be increased to Rs.800/- per  month after six months. It was also provided that the successful candidates may be considered for  regular posting in the factory. By its resolution dated 21.1.1990 after interviewing 270 applicants, 45  persons were selected. By a combined order dated 3.2.1990, Managing Director notified the 45  persons who were selected. It was clearly indicated therein that the training in the factory does not  entitle any trainee to claim right of appointment after completion of training period. It was also  stipulated that if any trainee leaves the factory within one year, he was required to refund the amount  received by him as stipend. Notice was issued by the appellant purportedly under Section 7-A of the  Act in respect of the said 45 trainees. By order dated 15.5.1991 the appellant held that the trainees  were employees for the purpose of the Act and the respondent is liable to pay the quantified amount. 

4. Writ application was filed by the respondent questioning the determination. A learned Single Judge  with reference to various provisions of Industrial Employment (Standing Orders) Act, 1946 (in short  ‘Standing Orders Act’) and The Apprentices Act, 1961 (in short the ‘Apprentices Act’) held that the  demand was unsustainable. A writ appeal was filed before the Division Bench which as noticed above  dismissed the same. 

5. In support of the appeal Mr. Harish Chandra, learned senior counsel submitted that both the  learned Single Judge and the Division Bench have failed to notice the true import of Section 2(f) and  have erroneously held that the 45 trainees were not covered by the Act. It was also submitted that the  Act is a beneficial legislation and a wider meaning has to be given to the expression ‘employee’. 

6. In response, learned counsel for the respondent supported the judgments of the learned Single  Judge and the Division Bench. 

7. Undisputedly, the respondents are trainees. The question as rightly noted by the Division Bench is  whether an apprentice can be deemed to be an employee within the meaning of Section 2(f) of the  Act in the caseathand. 

8. For this purpose it is necessary to take note of the definition of ‘employee’ as given in Section 2(f)  of the Act. It reads as under: “Section 2 (f) ‘employee’ means any person who is employed for wages  in any kind of work, manual or otherwise, in or in connection with the work of an establishment and  who gets his wages directly or indirectly from the employer,and includes any person -(i) employed by  or through a contractor in or in connection with the work of the establishment. (ii) Engaged as an  apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961) or under  theStandingOrdersoftheestablishment. 

9. Section 12-A of the Standing Orders Act, inter-alia provides as follows: “12A. Temporary  application of model standing orders. - (1) Notwithstanding anything contained in Sections 3 to 12, for  the period commencing on the date on which this Act becomes applicable to an industrial  establishment and ending with the date on which the standing orders as finally certified under this Act  come into operation under Section 7 in that establishment, the prescribed model standing orders shall  be deemed to be adopted in that establishment, and the provisions of section 9, sub-section (2) of  section 13 and section 13-A shall apply to such model standing orders as they apply to the standing  orders so certified.(2) Nothing contained in sub-section (1) shall apply to an industrial establishment in  respect of which the appropriate Government is the Government of the State of Gujarat or the  Government of the State of Maharashtra. 

10. From a bare reading of Section 12-A it is manifestly clear that until the Standing Orders are finally  certified and come into operation, the prescribed model standing orders shall be deemed to be  adopted in the concerned establishment. The Model Standing Orders prescribed under Rule 3(1) of  the Industrial Employment (Standing Orders) Central Rules, 1946 (in short the ‘Central Rules’) are  contained in Schedule I to the said Rules. Standing Order No.2 thereof classified workmen as follows:  1) Permanent 2) Probationers 3) badlis 4) temporary 5) casual 6) apprentices. 

11. ‘Apprentice’ is defined in clause (g) of Standing Order No.2 as follows: “An ‘apprentice’ is a  learner who is paid an allowance during the period of his training.” 

12. The Apprentices Act defines an ‘apprentice’ as follows: “2(aa): ‘apprentice’ means a person who is  undergoing apprenticeship training in pursuance of a contract of apprenticeship. 

13. In the present case, admittedly the Standing Orders were not at the relevant point of time certified.  Therefore, in terms of Section 12-A of the Standing Orders Act, the Model Standing Orders are  deemed to be applicable. Section 2(f) of the Act defines an employee to include an apprentice, but at  the same time makes an exclusion in the case of an apprentice engaged under the Apprentices Act or  under the Standing Orders. Under the Model Standing Orders an apprentice is described as a learner  who is paid allowance during the period of training. 

14. In the case at hand, trainees were paid stipend during the period of training. They had no right to  employment, nor any obligation to accept any employment, if offered by the employer. Therefore, the  trainees were ‘apprentices’ engaged under the ‘Standing Orders’ of the establishment. 

15. Above being the position, it cannot be said that the concerned 45 trainees were employee in  terms of Section 2(f) of the Act. In other words, an apprentice engaged under the Apprentices Act or  under the Standing Orders is excluded from the definition of an ‘employee’ as per Section 2(f) of the  Act. 

16. That being so, the view of the learned Single Judge as affirmed by the Division Bench of the High  Court cannot be faulted 

. 

17. The appeal fails and is dismissed. No costs.

Uttar Pradesh Factories Rules, 1950

Preliminary

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

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

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

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

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

Approval of Plans

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

REGISTRATION AND LICENCEES

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

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

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

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

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

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

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

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

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

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





Rule 11: Procedure on Death or Disability of Licensee

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



Rule 12: Loss of Licence

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






Rule 13: Payment of Fees

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

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

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

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





Rule 14A: Suspension of licence

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

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





Rule 14B: Cancellation of licence

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



Rule 14C: Notice of Occupation

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






Rule 14D: Notice of change of Manager

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



Rule 14E: Qualification for the post of an Inspector

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



THE INSPECTION STAFF ADDITIONAL POWERS





Rule 15: Power of Inspectors

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

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

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

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

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

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

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

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





DUTIES OF CERTIFYING SURGEONS AND AUTHORIZED MEDICAL PRACTITIONERS





Rule 16: Duties of Certifying Surgeon

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

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

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

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

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

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

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

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

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

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

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





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





Rule 17: Cleaning of walls and ceilings

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

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

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

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

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

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

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

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





DISPOSAL OF TRADE WASTES AND EFFLUENTS





Rule 18: Disposal of trade wastes and effluents

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



VENTILATION AND TEMPERATURE





Rule 19: Ventilation and Temperature

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

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

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

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

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





ARTIFICIAL HUMIDIFICATION





Rule 20: When artificial humidification not allowed

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

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

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


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



Rule 21: Provisions of Hygrometer

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

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

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

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






Rule 22: Exemption from Maintenance of Hygrometers

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



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

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



Rule 24: Recording of Temperature at each Hygrometer

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



Rule 25: Specifications of Hygrometer

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

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

(3) No part of the wet-bulb shall be within 1-1/2 inches from the dry-bulb or less than ¾ inch from the surface of the water in the reservoir below it, on the side of it away from the dry-bulb.

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

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

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

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

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

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

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





Rule 26: Maintenance of thermometer in efficient order

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

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

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

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





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

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



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

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

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





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

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



Rule 30: How to introduce steam for humidification

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

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

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

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

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

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

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






LIGHTING RULES





Rule 31: Lighting

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



Rule 32: Lighting of interior parts

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

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

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

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





Rule 33: Prevention of Glare

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

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






Rule 34: Discretion of the Chief Inspector

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



Rule 35: Exemption from Rule 32

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

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






DRINKING WATER





Rule 36: Quantity, supply of drinking water

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

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

(a) from a public water supply system; or

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





Rule 37: Means of supply

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



Rule 38: Cleanliness of well or reservoir

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

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

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

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

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


Rs.

(a) Chemical analysis of each sample 20

(b) Bacteriological analysis of each sample 15

(c) Chemical and bacteriological analysis combined 35


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

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

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

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


CHEMICAL


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


BACTERIOLOGICAL


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

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

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

Presumptive coliform court per 100 c.c.

Class I - Excellent - less than 1

Class II - Satisfactory 1-2

Class III - Suspicious 3-10

Class IV - Unsatisfactory greater than 10


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

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

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

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

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






Rule 39: Report from Public Health Department

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

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





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

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

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

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

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

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

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

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

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





LATRINES AND URINALS





Rule 41: The Sanitary Accommodation

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

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

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

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

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





Rule 42: Latrines and public health requirements

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



Rule 43: Privacy of latrines

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



Rule 44: Signboards of latrines

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



Rule 45: Urinal Accommodation

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

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





Rule 46: Urinals to conform to public Health requirements

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



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

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



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

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

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






Rule 49: Drains carrying waste or sullage water

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

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





Rule 50: Water taps and reservoirs near latrines

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



SPITTOONS





Rule 51: Spittoons

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

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

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

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

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

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





SAFETY





Rule 52: Safety precautions

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

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

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

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

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

(a) maintained in efficient state.

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

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

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





Rule 52A: Building and structure

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



Rule 52B: Machinery and plant

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



Rule 52C: Method of work

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



Rule 52D: Stacking or storing of materials etc.

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



Rule 53: PRECAUTIONS FOR PERSONS ATTENDING TO MACHINERY

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

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

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

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

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

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

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

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






DANGEROUS MACHINES





Rule 54: Employment of young persons on dangerous machines

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

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





Rule 55: Rules under Section 28

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

(i) Date of examination.

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

(iii) Details of examinations made.

(iv) Results of examination.

(v) Signature of examiner.

(vi) Designation and qualifications of the examiner.

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






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

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

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

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

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

(i) Name of occupier of the factory.

(ii) Address of the factory.

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

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

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

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

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

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

The register shall be kept readily available for inspection.

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

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

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

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

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

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

(i) Chains made of malleable cast iron.

(ii) Plate link chains.

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

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

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

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

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

(viii) Bordeaux connections.

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

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

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

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





Rule 56: Pressure vessels of plant

(1) Interpretation. In this rule---

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

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

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

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

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

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

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

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

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

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

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

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

(g) vessels for nuclear energy application;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Provided, further that the pressure vessel



Rule 56A: Other Safety Measures

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

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

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

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

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

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






EXCESSIVE WEIGHTS





Rule 57: Excessive Weights

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

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





PROTECTION OF EYES RULES





Rule 58: Protection of Eyes

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

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





PRECAUTIONS AGAINST DANGEROUS FUMES





Rule 59: Minimum dimensions of manholes

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

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

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






Rule 60: Exemptions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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





MEANS OF ESCAPE IN CAS EOF FIRE





Rule 61: Fire

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

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

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

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

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

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


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


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

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

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

(iii) grain elevators; and

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


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


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

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

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

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

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

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

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


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


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


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

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

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

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

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

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


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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



Rule 62: * * *





Rule 62A: Ovens and Driers

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


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


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


(4) Design, construction, examination and testing

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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


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


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


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


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


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

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



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

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

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





WASHING FACILITIES





Rule 64: Washing Facilities

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


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

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

(b) wash-basins with taps attached thereto,

(c) taps on stand-pipes, or

(d) showers controlled by taps, or

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


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

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

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


No. of workers No. of taps


Up to 20 1

21 to 35 2

36 to 50 3

51 to 150 4

151 to 200 5

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

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


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


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





FACILITIES FOR STORING CLOTHES





Rule 65: Facilities for storing clothes

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

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

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





Rule 66: First-aid appliance

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

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

(i) Twelve small sterilized dressings.

(ii) Six medium size sterilized dressings.

(iii) Six large size sterilized dressings.

(iv) Six large size sterilized burn dressings.

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

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

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

(viii) One roll of adhesive plaster.

(ix) One snake-bite lancet.

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

(xi) One pair of scissors.

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

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

(i) Twenty-four small sterilized dressings,

(ii) Twelve medium size sterilized dressings,

(iii) Twelve large size sterilized dressings.

(iv) Twelve large size sterilized burn dressings.

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

(vi) One snake-bite lancet.

(vii) One pair of scissors.

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

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

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

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

(xii) Twelve roller bandages 4 inches wide.

(xiii) Twelve roller bandages 2 inches wide.

(xiv) Two rolls of adhesive plaster.

(xv) Six triangular bandages.

(xvi) Two packets of safety pins.

(xvii) A supply of suitable splints.

(xviii) One tournequet.

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

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

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

(ii) 50 workers without the aid of power :

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

(a) Six small sterilized dressings.

(b) Three medium size sterilized dressings.

(c) Three large size sterilized burn dressings.

(d) Three large size sterilized dressings.

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

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

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

(h) One snake bite lancet.

(i) One pair of scissors.

(j) One roll of adhesive plaster.

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

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






AMBULANCE ROOM





Rule 67: Ambulance Room

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

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

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

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

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

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

(iii) means for sterilizing instruments and other articles.

(iv) a douche,

(v) two stretchers,

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

(vii) two rubber hot water bags,

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

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

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

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

(xii) six woolen blankets,

(xiii) one pair artery forceps,

(xiv) one bottle of brandy,

(xv) two medium size sponges,

(xvi) six hand towels,

(xvii) four "kidney" trays,

(xviii) four cakes carbolic soap,

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

(xx) graduated medium glass with tea-spoon,

(xxi) one eye bath,

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

(xxiii) three chairs,

(xxiv) one screen,

(xxv) one electric hand torch,

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

(xxvii) two clinical thermometers,

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

(xxix) an arm-chair or a couch.

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

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

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





Rule 68: CANTEENS

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


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


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

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


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


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


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


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


(8) In every canteen---

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

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

(c) all internal structural iron or steel work shall be varnished or painted once in three years dating from the period when last varnished or painted;

Provided that inside walls of the kitchen shall be lime-washed once every four months.


(9) Records of dates on which lime-washing, colour washing, varnishing or painting is carried out shall be maintained in Form No. 8.


(10) The precincts of the canteen shall be maintained in a clean sanitary condition. Waste water shall be carried away in suitably covered drains and shall not be allowed to accumulate so as to cause nuisance. Arrangements shall be made for the collection and disposal of garbage.


(11) (a) The dining hall shall accommodate at least 20 per cent of the workers working at a time :

Provided that in any particular factory or in any particular class of factories, the Chief Inspector may with the approval of the State Government, alter the percentage of workers to be accommodated in a canteen keeping in view the practice prevailing in the factory or in the industry where may workers may not be available to take advantage of the canteen facilities.

(b) The floor area of the dining hall, excluding the area occupied by service counter and any furniture, except tables and chairs shall be not less than 10 square feet per dinner to be accommodated as prescribed in clause (a).

(c) A portion of the dining hall and service counter shall be partitioned off and reserved for women workers in proportion to their number. Washing places for women shall be separate and screened to secure privacy.


(12) sufficient tables, chairs of benches shall be available for the number of dinners to be accommodated as prescribed in clause (a) of sub-rule (11).


(13) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained.


(14) The furniture, utensils and other equipments shall be maintained in a clean and hygienic condition. A service counter, if provided, shall have a top of smooth and impervious material. Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of the utensils and equipments.


(15) The food, drink and other items served in the canteen shall be sold on non-profit basis, and the prices charged shall be subject to the approval of the Managing Committee :

Provided that where the canteen is managed by a Co-operative Society, exclusively of workers and registered under the Uttar Pradesh Co-operative Societies Act, 1965 such society may be allowed to include in the charges for the foodstuffs served, a profit up to 5 per cent on its working capital invested in running of the canteen.


(16) In computing the prices referred to in sub-rule (15), the following items of expenditure shall not be taken into consideration but will be borne by the occupier :---

(a) the rent for the land and building;

(b) the depreciation and maintenance charges of the building and equipment provided for the canteen;

(c) the cost of purchase repairs and replacement of equipment including furniture, crockery, cutlery and utensils;

(d) the water charges and expenses for providing lighting and ventilation;

(e) the interest on the amount spent on the provision and maintenance of the building furniture and equipment provided for the canteen;

(f) the cost of fuel required of cooking or heating foodstuffs or water; and

(g) the wages of the employees serving in the canteen and the cost of uniforms, if any, provided to them.


(17) The charge per portion of foodstuff, beverages and any other items served on the canteen shall be conspicuously displayed in the canteen in Hindi.


(18) All books of accounts, registers and any other documents used in connection with the running of the canteen shall be produced on demand to an Inspector of Factories.


(19) The accounts pertaining to the canteen, shall be audited, once every twelve months by registered

accountants or auditors the balance-sheet prepared by the said auditors shall be submitted to Canteen Managing Committee not later than two months after the losing of the audited accounts :

Provided that where the canteen is managed by a Co-operative Society, exclusively of workers, and registered under the Uttar Pradesh Co-operative Societies Act, 1965, the accounts pertaining to such canteen may be audited in accordance with the provisions of the Uttar Pradesh Co-operative Societies Act, 1965 :


(20) The Manager shall appoint a Canteen managing Committee which shall be consulted from time to time as to---

(a) The quality and quantity of foodstuff to be served in the canteen;

(b) the arrangements of the menus;

(c) times of meals in the canteen; and

(d) any other matter as may be directed by the Committee :

Provided that where the canteen is managed by a Co-operative Society, exclusively of workers and registered under the Uttar Pradesh Co-operative Societies Act, 1965 it shall not be necessary to appoint a Canteen Managing Committee.


(21) The Canteen Managing Committee shall constitute of an equal number of persons nominated by the occupier and elected by workers the number of elected workers shall be in the proportion of 1 for every 1,000 workers employed in the factory provided that in no case shall there be more than 5 or less than 2 workers on the committee.


(22) The Manager shall determine and supervise the procedure for elections to the Canteen managing Committee.


(23) Canteen Managing Committee shall be dissolved two years after the last election, no account being taken of a bye-election.


(24) When a rest room made in accordance with rule made under Section 47 of the Act fulfills the requirements neces



RULES FOR SHELTERS, REST ROOMS AND LUNCH ROOMS





Rule 69: Shelters, rest rooms and lunch rooms

In every factory (except in the case of factories registered before April 1, 1949, in whose case this rule shall be applicable from April 1, 1951) in which more than 150 workers are ordinarily employed per day, there shall be provided and maintained in good order a rest or shelter room for use of workers. The shelter or rest room or lunch room shall conform to the following standards :

(a) The building shall be soundly constructed and all the walls and roof shall be of suitable heat-resisting materials and shall be water-proof. The floor shall be so laid or finished as to provide a smooth, hard and impervious surface;

(b) The height of every room in the building shall be not less than 12 feet from level floor to the lowest part of the roof and there shall be at least 23 square feet of floor area for every person employed in the largest shift :

Provided that (1) workers, who habitually go home for their meals during the rest periods may be excluded in calculating the number of workers to be accommodated, and (2) in the case of factories in existence at the date of commencement of the Act, where it is impracticable owing to lack of space to provide 12 square feet of floor area for each person, such reduced floor area per person shall be provided as may be approved in writing by the Chief Inspector.

(c) Effective and suitable provision shall be made in every room for securing and maintaining adequate ventilation by the circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting.

(d) Every room shall be adequately furnished with chairs or benches with back rests.

(e) Sweepers shall be employed whose primary duty it is to keep the rooms, building and precincts thereof in a clean and tidy condition.





CRECHES





Rule 70: Creches

(1) In the case of factories registered before April 1, 1949, this rule shall be applicable from April 1, 1951.


(2) In other factories to which Section 48 (1) is applicable the creche shall conform to the following standards :

(a) the creches shall be conveniently accessible to the mothers of the children accommodated therein and so far as is reasonably practicable it shall not be situated in close proximity to any part of the factory where obnoxious fumes, dust or smell are given off or in which excessively noisy processes are carried on.

(b) The building in which the creche is situated shall be soundly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be water-proof. The floor of the creche shall be so laid or finished as to provide a smooth impervious surface.

(c) the height of the rooms in the building shall be not less than 12 feet from the floor to the lowest part of the roof and there shall be not less than 20 square feet of floor area for each child to be accommodated.

(d) Effective and suitable provisions shall be made in every part of the creche for securing and maintaining adequate ventilation by the circulation of fresh air.

(e) The creche-shall be adequately furnished and equipped and in particular there shall be one suitable cot or cradle with the necessary bedding for each child at least one chair or equivalent seating accommodation for the use of each mother while she is feeding or attending to her child and a sufficient supply of suitable toys for the elder children.

(f) A suitable fenced and shady open air play-ground shall be provided for the elder children :

Provided that the Chief Inspector may, by order in writing, exempt any factory from compliance with this clause if he is satisfied that there is not sufficient space available for the provisions of such play-ground.

(g) There shall be in or adjoining the creche a suitable washroom for the washing of children and their clothing.

The wash-room shall conform to the following standards :

(i) The floor and internal walls of the room to a height of 3 feet shall be so laid or finished as to provide a smooth impervious surface. The room shall be adequately lighted and ventilated and the floor shall be effectively drained and maintained in a clean and tidy condition.

(ii) There shall be at least one basin or similar vessel for every four children accommodated in the creche at any one time together with a supply of water provided, if practicable through taps from a source approved by the Health Officer. Such source shall be capable of yielding for each child a supply of at least five gallons of water a day.

(iii) An adequate supply of soap and clean towels shall be available to a mother at all times when her child is in the creche.

(h) At least half a pint of clean pure milk shall be provided free of cost for each child on every day is it accommodated in the creche and the mother for such a child shall be allowed in the course of her daily work two intervals of at least half an hour to feed the child. For children, who do not require milk an adequate supply of whole-some refreshment shall be provided.

(i) Clothes for creche staff.--- The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.

(j) Adjoining the washing room referred to above, a latrine shall be provided for the sole use of the children in the creche. The design of latrine and the scale of accommodation to be provided shall either be approved by the Public Health authorities, or, where there is no such Public Health authority, by the Chief Inspector of Factories.





COMPENSATORY HOLIDAYS





Rule 71: Spacing of compensatory holidays

Except in the case of workers whose services are being terminated, in whose case the compensatory holiday, if due, may be allowed at one stretch, the holidays allowed under sub-section (i) of Section 53 of the Act shall be so spaced that not more than two holidays are given in one week.



Rule 72: Notice regarding compensatory holidays and subsequent changes

The manager of the factory shall display, on or before the end of the month in which holidays are lost a notice in respect of workers allowed compensatory holidays during the month the holidays were lost and those to be allowed during the following two months and of the dates thereof, at the place at which the notice of periods of work, prescribed under Section 61 is displayed. Any subsequent change in the notice in respect of any compensatory holidays shall be made not less than three days in advance of the date of that holiday.



Rule 73: Discharge or dismissal and compensatory holidays

Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal. The compensatory holiday will be with pay in cases of monthly paid workers and those who are otherwise entitled to wages on the corresponding rest day which is being compensated.






Rule 74: Weekly holidays and attendance register

(1) The manager shall enter the details of weekly holidays lost and compensated for in the prescribed attendance register in Forms Nos. 12 and 13 :

Provided that, if the Chief Inspector of Factories is of the opinion that any muster roll or register maintained as part of the routine of the factory or return made by the manager, gives in respect of any or all the workers in the factory the particulars required for the enforcement of Section 53, he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under this rule for that factory.

(2) The register maintained under sub-rule (1) shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.






OVERLAPPING SHIFTS





Rule 75: Deleted





Rule 76: OVERTIME

(1) For the purposes of Section 59, the cash equivalent to the advantage accruing through the concessional sale to a worker of food-grains and other articles during any wage period shall be computed by deducting :

(a) the total amount of the price payable at the concessional rates for the maximum quantity of foodgrains admissible to a standard family, as defined in Explanation 1 to sub-section (4) of the said section,

(b) from the total amount of the price payable for the same quantity of foodgrains and other articles at the average market rates which shall be determined either on the basis of the retail prices for such food-grains and other articles prevailing in the nearest market or according to the rates published by the Labour Commissioner, for the different weeks of the wage period, in the table relating to the Consumers Price Index Number for working classes at Kanpur.


(2) The computation of the cash equivalent to such advantage in the manner indicated in sub-rule (1) above, shall be made for every wage period :

Provided that sub-rules (1) and (2) shall not apply to any Federal Railway factory whose alternative method of computation has been approved by the State Government.


(3) The manager of every factory in which workers are exempted under Section 64 or 65 from the provisions of Section 51 or 54 shall maintain an overtime register in Form No. 10.


(4) (a) The register shall be correctly maintained and entries made daily in respect of each worker working overtime and shall be preserved for a period of three years after the date of last entry.

(b) the register prescribed under sub-rule (3) shall be produced on demand by an Inspector irrespective of the fact whether the manager was present in the factory or not during inspection.


(5) The exact period, the intended overtime work and the date and the time of commencement shall be entered in overtime slips, in duplicate, a copy of which duly signed by the manager or by a person duly authorised by him, shall be given to the worker employed on such overtime before the commencement of the same. Time of completion of overtime work shall also be entered in the said slips by the Manager or his nominee immediately after the overtime work ends.





Rule 77: NOTICE OF PERIOD FOR WORK FOR ADULTS

The notice prescribed under Section 61 of the Act shall be in Form No. 11.



Rule 78: REGISTER OF ADULT WORKERS

(1) The manager of every factory shall keep, legibly written in ink and, if he so desires, separately by departments, a register of workers in Form No. 12 for adults, showing the dates, whether Sundays or week days on which the factory or any department thereof is closed and its employees are not working, the hours of work on each day of all the persons working in the factory, the time of commencing work, the rest period, the time of ending work, the days of absence and the nature of the employment of each person. Entries relating to presence or otherwise of all workers shall be posted group wise in the register within four hours of th starting time of each working period of the factory, except on days when workers have been called to work on weekly holidays fixed under Section 52, when such entries shall be made within two hours but the name of each worker shall invariably be shown on the register before he or she is allowed to work in the factory on any day.


(2) The manager shall be responsible for the production, on demand of the register, irrespective of the fact whether he (the manager) is present or not in the factory during an inspection.


(3) If the manager prefers, he may maintain the separate register in two parts one for each half of the month.


(4) The registers shall be preserved for three years after the close of the year to which they relate.





Rule 79: PERSONS HOLDING POSITIONS OF SUPERVISION OR MANAGEMENT

(1) The following persons in factories, other than sugar factories, shall be deemed to hold positions of supervision or management, provided they are not required to perform manual labour as a regular part of their duties :

(i) The Manager;

(ii) The Assistant Manager;

(iii) Mill Secretary;

(iv) Deputy Mill Secretary;

(v) Labour Officer;

(vi) Security Officer;

(vii) Heads of Technical Department;

(viii) Engineers;

(ix) Assistant Engineers;

(x) Foremen;

(xi) Assistant Foremen;

(xii) Chargemen;

(xiii) Overseers;

(xiv) Jobbers in textiles factories;

(xv) Supervisors;

(xvi) Shift Officer;

(xvii) Shift Incharge;

(xviii) Paper Makers;

(xix) Head Store Keepers, provided they are employed solely in a supervisory capacity;

(xx) Any other person, who, in the opinion of the State Government, holds a position of supervision or management and is so declared by it is writing.


(2) In sugar factories, the following persons shall be deemed to hold positions of supervision or management :

(i) The General Manager;

(ii) The Manager;

(iii) The Mill Secretary;

(iv) The Deputy Mill Secretary;

(v) The Cane Manager;

(vi) The Cane Superintendent, where there is no Cane Manager;

(vii) The Chief Chemist;

(viii) The Labour Welfare Officer;

(ix) The Chief Engineer;

(x) The Secretary to the Managing Agent or the Personal Assistant to the General Manager;

(xi) The Cane Development Officer;

(xii) Heads of Commercial Department, like accounts, purchase, store, legal catering, etc.;

(xiii) Any person who, in the opinion of the State Government, holds a position of supervision or management and is so declared by it in writing.





Rule 80:

80. The following persons shall be deemed to hold confidential position in a Factory---

(i) Stenographers;

(ii) Personal Assistants;

(iii) Personal Secretaries;

(iv) Office Superintendent;

(v) Head Clerk, where there is no Office Superintendent;

(vi) Head Munim, where there is no Office Superintendent or Head Clerk;

(vii) Head Accountant;

(viii) Head Cashier;

(ix) Cashier;

(x) Head Timer Keeper;

(xi) Telephone Operator;

(xii) Receptionist;

(xiii) Any other person, who in the opinion of the State Government, holds a confidential position and is so declared in writing by it.





Rule 81:

A list of all the workers in a factory to whom the provisions of Section 64 (1) apply shall be kept in Form No. 6 in the Inspection Book, after it has been approved by the Inspector.



Rule 82: URGENT REPAIRS

Subject to the conditions stated below the work of adult male workers employed on urgent repairs in any factory shall be exempt from the provisions of Sections 51, 52, 54, 55 and 56.


Conditions

(i) When the case of urgent repairs has arisen, a notice shall be sent within 24 hours of commencement of the employment of persons employed to carry out the said repairs to the Inspector of Factories of the region concerned in writing stating the names of persons employed, the precise nature of work and the exact time of commencement of such works. A copy of the said notice shall be affixed at the place mentioned in Section 108 (2) before the workers are put on urgent repairs.

(ii) A rest period of one hour shall be given as work permits during the working hours.

(iii) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(iv) All the workers working in excess of nine hours a day or 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.

(v) Every worker shall be given compensatory holiday in accordance with Section 53 of the Act.

Provided that periodical overhaul or repairs to any machinery in a factory shall not be deemed to be "Urgent Repairs".





Rule 83: LOADING AND UNLOADING OF RAILWAY WAGONS AND CERTAIN CATEGORIES OF ELECTRICAL STAFF

The work of male adult workers engaged on loading and unloading of railway wagons, lorries or trucks and that of clerical workers employed in connection with the urgent work of stock taking and the preparation of returns the submission of which could not be foreseen shall be exempt from the provisions of Sections 51, 52, 54, 55 and 56 of the Act, subject to the following conditions :


(i) Where possible a message by telegram or telephone shall be sent immediately after such work has arisen, followed by a notice which shall be sent, within 24 hours of the commencement of the employment of the workers employed to carry out such work, to the Inspector of Factories of the region concerned in writing stating the names of the workers employed, the precise nature of work and the exact time of commencement of such work. A copy of the said notice shall be affixed at the place mentioned in sub-section (2) of Section 108 of the Act before the workers are put on any such work.


(ii) Total daily hours of work shall not exceed 10 the total spread over being limited to 12 hours in any one day and total hours of overtime work shall not exceed 50 in any quarter.


(iii) The weekly hours of work shall not exceed 60.


(iv) A rest period of one hour shall be given as work permits during the working hours.


(v) No worker shall be employed on such work for more than 14 consecutive days without a holiday of 24 consecutive hours.


(vi) All the workers working in excess of 9 hours per day or 48 hours per week shall be paid in respect of such additional hours at the rate of twice the ordinary rate of wages in accordance with the provisions of sub-section (1) of Section 59 of the Act.


(vii) Every worker shall be given a compensatory holidays in accordance with Section 53 of the Act.






Rule 84: MAINTENANCE STAFF

(a) The work of the following classes of adult male workers shall be deemed to be of the nature referred to in clause (b) of sub-section (2) of Section 64 of the Act, and such workers shall be exempt from the provisions of the sections of the Act mentioned against each :

(i) Engine drivers, firemen, coalmen, oilmen, rope and beltmen, fitters, welders, electricians, machine-men, black-smiths, carpenters, masons and their assistants when employed-solely for the purpose of maintenance of a power plant and transmission machinery of a factory, from the provisions of Sections 51, 55 and 56.

(ii) Workers employed solely in water supply, lighting, ventilating, air-conditioning, humidifying fire extinguishing, and the clearing of blow-room flues, from the provisions of Section 56.

Explanation.--- "Maintenance" for the purposes of this rule means the upkeep and repairs to power plant, transmission machinery, electric motors and their switch-gears and cables, but shall not include the repairs or adjustment of manufacturing machines and their ropes and belts.

(b) An exemption under this rule shall be subject to the following conditions :

(i) A period of rest of one hour shall be given during each shift.

(ii) The total hours of overtime work shall not exceed 50 in any one quarter, the total spread-over being limited to 12 hours in any one day.

(iii) All workers working in excess of 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of wages in accordance with the provisions of sub-section (i) of Section 59 of the Act.

(iv) The periods of work of maintenance staff shall be indicated before-hand in Form No. 11.






Rule 85: FOUNDRIES

The work of adult male workers employed in foundries on the cupola and casting on the day cupola is worked, shall be deemed to be of the nature referred to in clause (b) of sub-section (2) of Section 64, and such workers shall be exempt from the provisions of Sections 51, 54, 55 and 56, subject to the following conditions :


Conditions


(i) A notice giving the names of such workers as are employed, showing their working hours on the day on which the exemption is availed of should be displayed before the work beyond the hours fixed in Form No. 11 is commenced and a copy of the same should be sent to the Chief Inspector and the Inspector concerned.

(ii) Total daily hours of work shall not exceed 10 and the total hours of overtime work shall not exceed 50 in any one quarter, the total spread-over being limited to twelve hours in any one day.

(iii) A minimum interval of rest of half on hour shall be given at any time during the working hours.

(iv) The weekly hours shall not exceed 52.

(v) All working in excess of 9 hours a day and 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.





Rule 85A: BRASSWARE FACTORIES

The work of male adult workers employed in Brassware Factories on melting, moulding and rolling process on the day the non-ferrous metal or alloy is melted in crucibles, shall be deemed to be of the nature referred to in clause (b) of sub-section (2) of Section 64 and the provisions of Sections 51, 54, 55 and 56 shall not apply to such workers subject to the following conditions :


Conditions

(i) The notice giving the names of such workers as are employed and showing their working hours on the day on which the exemption is availed of by the occupier of the factory should be displayed before the work beyond the hours fixed in Form No. 11 is commenced and a copy of the same should be sent to the Chief Inspector and the Inspector concerned.

(ii) Total daily hours of work shall not exceed 10 and the total hours of overtime work shall not exceed 50 in any one quarter, the total spread-over being limited to 12 hours on any one day.

(iii) An interval of rest of at least half an hour shall be given at any time during the working hours.

(iv) The weekly hours of work shall not exceed 52.

(v) All workers working in excess of 9 hours a day and 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provision of sub-section (1) of Section 59.






Rule 85B: SHELLAC FACTORIES

The work of adult workers employed in filtering Shellac in Bhattaghar in Shellac Factories shall be deemed to be of the nature referred to in clause (c) of sub-section (2) of Section 64 and shall be exempt from the provisions of Section 55, subject to the condition that facilities for bathing and taking refreshment shall be allowed.






Rule 86: CONTINUOUS PROCESS FACTORIES

The following classes of work in the undermentioned classes of factories shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Sections 51, 52, 54, 55 and 56 of the Act subject to the conditions stated below :



Rule 87: WOOD PRODUCTS (CUTCH AND KATHA) FACTORIES

The work of adult male workers employed on engines, boilers, motors, switch-boards, pumps, mechanical sawing and chipping, auto-claves, evaporation, refrigeration, filtration and drying in wood product factories shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of 54 and 56 subject to the conditions stated below :


Conditions

(i) The total daily hours of work shall not exceed 10 with a spreadover of 12 hours except in an emergency when it is necessary to employ a shift worker for more than 8 hours in any day to enable him to work the whole or part of the subsequent shift. In no case shall the worker be employed for more than 16 hours in a period of 24 hours from the commencement of work and the total number of hours of overtime shall also not exceed 50 in any quarter :

Provided also that where subsequent shift or any part thereof during which a shift worker is employed as aforesaid falls on a weekly holiday, compensatory period of rest shall also be given.

Also, when a worker is so employed the Manager shall, within seven days inform the Inspector of Factories in Form No. 10, and shall intimate the date of compensatory period of rest to be given. The Manager shall also enter the period of extra time worked and the extent of compensatory period of rest in the respective registers and shall note therein the time of commencement of such extra time work before its commencement.

(ii) All the workers working in excess of 9 hours a day or 48 hours a week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.






Rule 88: GLASS WORKS

The work of all adult workers, employed in glass factories on all work and processes from the mixing of the batch to the removal of the manufactured glassware from the lehrs or annealing chamber, shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Sections 51 and 52 subject to the conditions stated below :


Conditions

(i) The daily hours of work shall not exceed 8 and the weekly hours of work 56. The total hours of overtime shall not exceed 50 in any one quarter.

(ii) No person shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(iii) All workers working in excess of 48 hours per week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.

(iv) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.






Rule 89: VEGETABLE OIL MILLS

The work of adult male workers employed on manufacturing processes in oil mills, shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 55 of the Act subject to the conditions stated below :


Conditions

(i) The shifts system shall be approved by an Inspector of Factories.

(ii) A rest period of half an hours shall be given to each worker during each shift.






Rule 89A: RIGID POLYVINYL CHLORIDE PIPE MANUFACTURING FACTORIES

The work of adult male workers employed on manufacturing process in rigid polyvinyl chloride pipe manufacturing factories shall be deemed to be of the nature referred in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Section 55 of the Act subject to the conditions stated below :

Conditions

(1) the shift system shall be approved by an Inspector of Factories.

(2) A rest period of half an hour shall be given to each worker during each shift.





Rule 90: SIZING, DYEING, BLEACHING AND CLOTH PRINTING

The work of adult workers employed on the process of keirboiling, chemicking, scouring, washing, jig and yarn dyeing padding, drying, mercerizing, printing ,colour-mixing, steaming, singeing edging, calendering, sizing and size-mixing, dyeing and bleaching shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act and shall be exempt from the provisions of Section 51 and 55, subject to the following conditions.


Conditions

(i) The daily hours of work shall not exceed 9 and the weekly hours of work 54. A rest interval of half an hour shall be given during each shift. The total hours of overtime shall not exceed 50 in any one quarter.

(ii) All workers working in excess of 48 hours per week in a factory shall e paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.






Rule 91: TANNERIES

The work of adult workers, employed in soaking, liming, washing, bathing, tanning and drying of hides, kipes and skins in tanneries shall be deemed to be of the nature referred to in clause (d) of sub-section (2) of Section 64 of the Act, and shall be exempt from Section 51 and 52 of the Act subject to the conditions stated below :


Conditions

(i) No worker shall be employed for more than 4 hours on any Sunday.

(ii) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(iii) The total hours of overtime work shall not exceed 50 in any one quarter.

(iv) All workers working in excess of 48 hours per week in a factory shall be paid in respect of such additional hours at the rate of twice the ordinary rate of pay in accordance with the provisions of sub-section (1) of Section 59 of the Act.

(v) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.






Rule 92: PREPARATION, PACKING AND DESPATCH OF SERUM AND VACCINE

The work of adult workers, employed in the preparation, packing and despatch of serum and vaccine in factories manufacturing serum and vaccine shall be deemed to be of the nature referred to in clause (e) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 52 subject to the following conditions :


Conditions

(i) No such worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(ii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.






Rule 93: DAIRIES

The work of adult male workers employed in dairy factories other than those engaged in printing and in the manufacturing of containers for milk, cream, cheese and butter shall be deemed to be of the nature referred to in clause (e) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 52 subject to the conditions stated below :


Conditions

(i) No such worker shall be employed for more than 8 hours of Sunday.

(ii) No such worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(iii) Every such worker shall be given a compensatory holiday in accordance with Section 53 of the Act.





Rule 94: RICE MILLS

The work of adult workers employed in moving the railway wagons and on drying platforms in the rice mills shall be deemed to be of the nature referred to in clause (f) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 52 subject to the conditions stated below :


Conditions

(i) No such worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(ii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.





Rule 95: OPIUM FACTORIES

The work of adult workers employed in opium factories and engaged in removing opium from railway wagons to the import shed, from April 1 to June 30, in each year, shall be deemed to be of the nature referred to in clause (f) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Section 52 of the Act, subject to the conditions stated below :


Conditions

(i) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(ii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.





Rule 96: TEA FACTORIES

The work of adult workers attending to boilers or engines or engaged in the processes or rolling, fermenting, firing, sieving, stewing, picking and packing in factories situated on, and used solely for the purposes of, tea plantations shall be deemed to be of the nature referred to in clause (g) of sub-section (2) of Section 64 of the Act, and shall be exempt from the provisions of Sections 52 and 55 from April 1 to November 30, each year, provided that the following conditions are observed :


Conditions

(i) The number of workers employed in a particular piece of work shall always be at least 25 per cent greater than the number actually required to do the work at any given time.

(ii) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(iii) A rest interval of half an hour shall be given during the working hours.

(iv) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.





Rule 96A: KHANDSARI FACTORIES

The work of adult workers employed on drying of sugar in Khandsari Factories shall be deemed to be of the nature referred to in clause (g) of sub-section (2) of Section 64 and shall be exempt from the provisions of Sections 52 and 55 subject to the following conditions :


Conditions

(i) No worker shall be employed for more than 14 consecutive days without a holiday of 24 consecutive hours.

(ii) A rest interval of half an hour shall be given during the working hours.

(iii) Every worker shall be given a compensatory holiday in accordance with Section 53 of the Act.






Rule 96B: PRINTING PRESSES

The work of male adult workers engaged in the printing of news-papers, who are held up on account of break-down of machinery shall be deemed to be of the nature referred to in clause (i) of sub-section (2) of Section 64 and shall be exempt from the provisions of Sections 51, 54 and 56 subject to the conditions stated below :


Conditions

(i) Total hours of work shall not exceed 10 and the total hours of over time work shall not exceed 50 in any one quarter, the total spread-over being limited to 12 hours inclusive of rest interval in any one day.

(ii) All workers working in excess of 9 hours a day or 48 hours a week in a factory, shall be paid in respect of additional hours at the rate of twice the ordinary rate of wages in accordance with the provisions of sub-section (1) of Section 59 of the Act.






Rule 96C: WORK OF NATIONAL IMPORTANCE

The male adult workers, employed in any factory, clause or description of factory and engaged in the work notified in the Official Gazette by the State Government as a work of national importance under (k) of sub-section (2) of Section 64 shall be exempt from the provisions of Sections 51, Section 52, Section 54, Section 55 and Section 56 of the said Act subject to the conditions that :


Conditions

(i) the total number of hours of work, shall not exceed ten hours in any one day;

(ii) the period of work inclusive of intervals for rest shall not spread-over more than twelve hours in any one day;

(iii) the total number of hours of work in any week, including overtime, shall not exceed sixty;

(iv) the total number of hours of overtime shall not exceed fifty for any one quarter;

(v) every worker shall be given compensatory holidays as provided under Section 53 of the Factories Act, 1948;

(vi) an interval for rest of atleast half an hour in a day shall be given to a worker during the working hours after the five hours of work;

(vii) all workers working in a factory for more than nine hours in a day or for more than forty-eight hours in a week shall be paid in respect of such additional hours at the rate of twice his ordinary rate of wage as provided under sub-section (1) of Section 59 of the Factories Act, 1948; and

(viii) no worker shall be employed for more than fourteen consecutive days without a holiday of twenty-four consecutive hours.





Rule 97: Jute and Hemp Baling Factories

The work of adult workers exclusively employed in the process of hemp cleaning, assorting and combing (with the exception of mechanical and press house staff) shall be deemed to be of the nature referred to in sub-section (1) of Section 65 and such workers shall be exempt from the provisions of Section 61 subject to the following conditions :


Conditions

(i) No such adult worker shall be employed on a Sunday.

(ii) The periods of work for adult workers shall be within the limits of 6 a.m. and 6 p.m. or where the Chief Inspector of Factories by order in writing so directs within the limits of 7 a.m. and 7 p.m.

(iii) The manager or occupier of any such factory shall, before the avails himself of an exemption granted under the preceding condition by the Chief Inspector of Factories, serve on the Inspector and display in the factory a notice of his intention to do so, in accordance with the provisions of sub-section (2) of Section 108 of the Act, and shall keep the notice so displayed for such period as he avails himself of the exemption.

(iv) No person shall be allowed to work in a factory until the exact time of commencement of work and its duration has already been posed in the register in Form No. 12 against the name of each worker before its commencement.





Rule 98: PROVISIONS FOR EXCEPTIONAL PRESSURE OF WORK

When a written exemption order is issued by the Chief Inspector under Section 65 (2), he shall at once submit a copy of his order, together with a report of the circumstances, to the State Government, which may confirm or modify or rescind the order.



NOTICE OF PERIODS OF WORK FOR CHILDREN





Rule 99:

The notice prescribed under Section 72 of the Act shall be in Form No. 11.



Rule 100: REGISTER OF CHILD WORKERS

The manager of every factory shall keep legibly written in ink, and, it he so desires, separately by departments, a register in Form No. 13, for child workers, showing the dates, whether Sundays or week days, on which the factory, or any department thereof, is closed and its employees are not working, the hours of work on each day of all the persons working in the factory, the time of commencing work, rest periods, the time of ending work, the days of absence, and the nature of the employment of each person. Entries relating to presence or otherwise of all workers shall be posted in the register within four hours of the starting time of each working period of the factory, except on days when workers have been called to work on weekly holidays fixed under Section 52 when such entries shall be made within two hours but the name of each worker shall invariably be shown on the register before he or she is allowed to work in the factory.



Rule 101: DUTIES OF CERTIFYING SURGEON

(a) The duties of a certifying surgeon appointed under Section 10(1) of the Act, shall comprise the examination of young persons, desirous of being employed, and the re-examination of young persons in respect of whom a notice under Section 75 has been served upon the manager or who desires to be re-employed. Certificate of age and fitness shall be given only to such young persons as are found qualified to receive them, a fee of 50 P. Per young person being charged for such examination from the occupier or manager of the factory.

(b) the certifying surgeon shall fix such date and place and time as may be mutually convenient for the attendance of persons wishing to obtain certificates of age and physical fitness. He shall give notice of the place, date and time thus fixed to the manager of the factory within the local limits for which he is appointed.





LEAVE WITH WAGES





Rule 102: Leave with Wages

(a) The manager shall keep a register in Form No. 14 hereinafter called the Leave with Wages register, which shall be filled weekly or fortnightly or at least once a month :

Provided that, if the Chief Inspector of Factories is of the opinion that any muster roll or register maintained as part of the routine of the factory, or return made by the manager, gives in respect of any or all the workers in the factory the particulars required for the enforcement of Chapter VIII of the Act, he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under this rule in respect of that factory.

(b) The Leave with Wages register shall be prescribed for a period of three years after the last entry in it and shall be produced before the Inspector on demand.





Rule 102A: Manner of choosing representative

The representative of the workers of a committee for the purposes of sub-section (8) of Section 79 shall be chosen by election through ballot



Rule 103: Leave book

(i) The manager shall provide each worker with a book in Form No. 15 (hereinafter called the leave book). The leave books shall be the property of the worker and the manager or his agent shall not demand it except to make entries of the dates of leave of interruptions in service, and shall not keep it for more than a week at a time. Workers shall submit the leave book when required by the manager within three days.

(ii) If a worker loses his leave book, the manager shall provide him with another copy on the payment of 25 P. and shall complete it from his record.





Rule 104: Medical certificate

If any worker is absent from work due to his illness and he wants to avail himself of the leave with wages due to him to cover the whole or a part of the period of his illness under the provisions of clause (7) of Section 79, he shall, if required by the manager produce a medical certificate signed by a registered medical practitioner or by a registered or recognized Vaid or Hakim, stating the cause of the absence and the period for which the worker is, in the opinion of such medical practitioner unable to attend to his work, or other reliable evidence to prove that he was actually sick during the period for which the leave is to be availed of.



Rule 105:

The cash equivalent to the advantage accruing through the concessional sale of foodgrains and other articles, payable to the workers proceeding on leave, shall be the difference between the value at the average market rates, prevailing during the month immediately preceding his leave and the value at the concessional rates of foodgrains and other articles to which he in entitled.

For the purpose of the cash equivalent, monthly average market rates of foodgrains and other articles shall be computed at the end of every month.

The average market rates shall be determined in accordance with the cost of living indices published from time to time by the Labour Commissioner, Uttar Pradesh :

Provided that if retail prices for any particular centre are not published by the Labour Commissioner, Uttar Pradesh, retail prices prevailing in the main market in that centre, or, if there is no market in the centre, the nearest market, shall be taken into account for this purpose.





Rule 106: Grant of leave with wages

A worker may exchange, the period of his leave with another worker, subject to the approval of the Manager.



Rule 107: Payment or wages if the worker dies

(1) Where a worker dies before he resumes work, the balance of his pay, due for period of leave with wages not availed of shall be paid to his nominee within one month of the receipt of intimation of the death of the worker.

(2) Each worker shall submit a nomination in Form No. 16, duly signed by himself or herself and attested by two witnesses. The nomination shall remain in force until it is revised or cancelled by another nomination.





Rule 108: Register for exemption under Section 84

(1) Where an exemption is granted under Section 84, the manager shall maintain a register showing the position of each worker as regards leave due, taken and wages granted.

(2) He shall display at the place indicated in Section 108(2) a notice giving full details of the system established in the factory for leave with wages and shall sand a copy of it to the Inspector.

(3) No alteration shall be made in the scheme approved by the State Government at the time of grating exemption under Section 84 without its previous sanction.





SPECIAL PROVISIONS





Rule 109: Dangerous Manufacturing process or Operation

The following manufacturing processes or operations when carried on in any factory are declared to be dangerous manufacturing processes or operations under Section 87 :

(i) manufacturing of aerated water and processes incidental thereto.

(ii) Electrolytic plating of oxidation of a metal article by use of an electrolyte containing chromic acid or other chromium compounds.

(iii) Manufacture and repair of electric accumulators.

(iv) Glass manufacture.

(v) Grinding or glazing of metal.

(vi) Manufacture and treatment of lead and certain compounds of lead.

(vii) Generation of gas from dangerous petroleum.

(viii) Cleaning or smoothing or roughening etc. of articles, by a jet of sand, metal shot or grit or other abrasive propelled by a blast of compressed air or steam.

(ix) Liming and tanning of raw hides and skins and processes incidental thereto.

(x) Certain lead processes carried on in printing presses and type foundries.

(xi) Dichromate manufacture.

(xii) Chemical works.

(xiii) Manufacture or manipulation of Carcenogenic Dye Intermediates.

(xiv) Manufacture, handling and usage of benzene and substances containing benzene.

(xv) Manufacture of pottery.

(xvi) Manipulation of stone or any other material containing free silica.

(xvii) Handling and processing of asbestos, manufacturing of any article of asbestos and any other processes of manufacture or otherwise in which asbestos is used in any form.

(xviii) Handling or manipulation of corrosive substances.

(xix) Compression of oxygen and hydrogen produced by electrolysis of water.

(xx) Process of extracting oils and fats from vegetable and animal sources in solvent extraction plants.

(xxi) Manufacture or manipulation of manganese and its compounds.

(xxii) Manufacture or manipulation of dangerous pesticides.

(xxiii) Manufacturing process or operation in carbon di-sulphide plants.

(xxiv) Operations involving high noise levels.

(xxv) Manufacture of Rayon by Viscose process.

(xxvi) Highly flammable liquids and Flammable compressed Gases.

(xxvii) Carpet and woollen drugget making or any work incidental thereto or connected therewith.

(xxviii) Brassware making or any work incidental thereto or connected therewith.

(xxix) Lock and hardware making or any work incidental thereto or connected therewith.






ACCIDENTS





Rule 110: Notification of accidents and dangerous occurrences

(1) When any accident which results in the death of any person or which results in such bodily injury to any person as is likely to cause his death, or any dangerous occurrence specified in the Schedule takes place in a factory, the Manager of the factory shall forthwith send a notice thereof by telephone, special messenger or telegram to the Inspector of Factories of the region concerned and the Chief Inspector of Factories.

(2) When any accident or any dangerous occurrence specified in the schedule, which results in the death of any person or which results in such bodily injury to any person as is likely to cause his death, takes place in a factory notice as mentioned in sub-rule (1) shall also be sent to :---

(a) the District Magistrate or Sub-Divisional Officer,

(b) the Officer-in-Charge of the nearest police station, and

(c) the relatives of the injured or deceased person.

(3) Any notice given as required under sub-rules (1) and (2) shall be confirmed by the Manager of the factory to the authorities mentioned in the above sub-rules within 12 hours of the accident or the dangerous occurrence by sending them a written report in Form 18 in the case of an accident or dangerous occurrence causing death or bodily injury to any person and in Form 18-A in the case of a dangerous occurrence which has not resulted in any bodily injury to any person.

(4) When any accident or dangerous occurrence specified in the Schedule takes place in a factory and it causes such bodily injury to any person as prevents the persons injured from working for a period of 48 hours or more immediately following the accident or the dangerous occurrence, as the case may be, the Manager of the factory shall send a report thereof to the Inspector of Factories of the region concerned as well as to the Chief Inspector of Factories in Form No. 18 within 24 hours after the expiry of 48 hours from the time of the accident or the dangerous occurrence :

Provided that if in the case of an accident or dangerous occurrence, death occurs of any person injured by such accident or dangerous occurrence after the notice and reports referred to in the foregoing sub-rules have been sent, the Manager of the factory shall forthwith send a notice thereof by telephone, special messenger or telegram to the authorities and persons mentioned in sub-rules (1) and (2) and also have this information confirmed in a writing within 12 hours of the death :

Provided further that, if the period of disability from working for 48 hours or more referred to in sub-rule (4) does not occur immediately following the accident, or the dangerous occurrence but later, or occurs in more than one spell, the report referred to shall be sent to the Inspector of Factories of the region concerned as well as to the Chief Inspector of Factories in Form No. 18 within 24 hours immediately following the hour when the actual total period of disability from working results from the accident or the dangerous occurrence becomes 48 hours.






Rule 111:

No person shall be allowed to disturb the site at which a fatal accident has occurred or any objects involved in the accident before the arrival of the Inspector, or a police officer, not below the rank of a sub-inspector, or without the consent of such officer, provided that such action may be taken as may be necessary to prevent a further accident or to secure persons from danger.



Rule 112: NOTICE OF POISONING FROM NOTIFIABLE DISEASES

(1) A notice in Form No. 19 should be sent forthwith to the Chief Inspector, the Inspector of Factories of the region concerned and the certifying surgeon of the district by the manager of the factory in which there occurs a case of lead, phosphorus, mercury, manganese, arsenic, carbon-bi-sulphide or benzene poisoning; or poisoning by nitrous fumes, or by halogens or halogen derivatives of the hydrocarbons of the aliphatic series; or of chrome ulceration, anthrax, silicosis, toxic, anaemia, toxic jaundice, primary opitheliomatous cancer of the skin, or pathological manifestations due to radium or other radio active substances or X-rays.

For every report, which, is sent by a medical practitioner to the Chief Inspector in accordance with the provisions of sub-section (2) of Section 89 of the Act, and which is confirmed to the satisfaction of the Chief Inspector by the certificate of a certifying surgeon or otherwise, as required under sub-section (3) thereof, the medical practitioner shall be paid a fee of Rs. 2 by the Chief Inspector.






SUPPLEMENTAL





Rule 113: PROCEDURE IN APPEALS

An appeal presented under Section 107 shall lie to the Chief Inspector or in cases where the order appealed against, is an order passed by that officer, to the Labour Commissioner, U.P., and shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and bearing court-fees stamp in accordance with Article 11 of Schedule II to the Court-Fees Act, 1870, and shall be accompanied by a copy of the order appealed against.



Rule 114:

The Employers' Association of Northern India, Kanpur, Indian Sugar Mills Association, 23-B Netaji Subhash Road, Calcutta, the Upper India Chamber of Commerce, Kanpur the Merchants' Chamber of Commerce Kanpur, the U.P. Chamber of Commerce, Kanpur, the U.P. Glass Manufacturers' Syndicate Shikohabad, the Western U.P. Chamber of Commerce, Meerut, National Chamber of Industries and Commerce, U.P. Agra, Glass Industries Syndicate, Firozabad, Agra, are hereby prescribed as bodies empowered to appoint one of the two assessors referred to in sub-section (2) of Section 107.



Rule 115:

The appellant shall state in the memorandum presented under rule 113 whether he is a member of any of the aforesaid bodies, and if, he is member of two such bodies which of these two bodies he desires should appoint one of the two assessors as aforesaid; and the body empowered to appoint such assessor shall---

(i) if the appellant is a member of one of such bodies, be that body;

(ii) if he is not a member of any of the aforesaid bodies, or is a member of two such bodies, be the body of which the appellant desires should appoint such assessors; and

(iii) if the appellant does not state in the memorandum which of such bodies he desires should appoint the assessor be the body which the appellate authority considers as the best fitted to represent the industry concerned.





Rule 116: APPOINTMENT OF ASSESSORS

On receipt of the memorandum of appeal, the appellate authority may, if it thinks fir, or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body, declared under Rule 115 to be the body representative of the industry concerned under sub-section (2) of Section 107 to appoint an assessor within a period of 14 days. If an assessor is nominated by such body, the appellate authority shall itself appoint a second assessor, who shall be independent. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector whose order is appealed against and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.



Rule 117: REMUNERATION OF ASSESSORS

An assessor appointed in accordance with the provisions of Rules 114 and 115 shall receive for the hearing of the appeal, a fee to be fixed by the appellate authority, subject to a maximum of fifty rupees per diem. He shall also receive reasonable travelling expenses to be fixed by the appellate authority. The fees and the travelling expenses shall ordinarily be paid to the assessor by Government; but where assessor have been appointed at the request of the appellant the fees and travelling expenses of the assessors shall be paid in full by the appellant if the appeal has been decided wholly against the appellant and if the appeal is only partly decided against the appellant, the appellate authority may direct what part of the fees and travelling expenses of the assessors shall be paid by the appellant and what part by Government.



Rule 118: DISPLAY OF NOTICES

The abstract of the Act and the rules required by Section 108(1) to be displayed in every factory shall be in the prescribed Form No. 20.



Rule 119: MANNER OF SERVICE OF NOTICE

The despatch by post, under registered cover, acknowledgement due, of any notice, order or extract of an Inspector's report sent under the Act or under these rules shall be deemed sufficient service on the occupier or manager of the factory of such notice or order or of any directions contained in such extract.



Rule 120: RETURNS

(1) The owner, occupier or manager of every factory shall furnish to the Chief Inspector of Factories and any other officer or officers designated by Government the following returns namely :

(i) On or before January 15, every year an annual return in duplicate in the Form No. 21;

(ii) On or before July 15, each year, a half-yearly return for the period January 1 to June 30 in duplicate in the Form No. 22 :

Provided that in the case of a factory in which work is carried on only during a certain season or seasons of the year, the occupier or manager shall submit the return within 15 days after the close of that season or last of these seasons, as the case may be.





Rule 121: THE INFORMATION REQUIRED BY THE INSPECTOR

The occupier, owner or manager of a factory shall furnish any information that an Inspector may require for the purpose of satisfying himself whether any provision of the Act has been complied with or whether any order of an Inspector has been duly carried out. Any demand carried out by an Inspector for any such information, if made, during the course of an inspection shall be complied forthwith if the information is available in the factory, or, if made in writing, shall be complied with within seven days of receipt thereof.



Rule 122: REGISTER OF ACCIDENTS AND DANGEROUS OCCURRENCES

The manager of every factory shall maintain a register of all accidents and dangerous occurrence, which occur in the factory in Form No. 23.






Rule 123: INSPECTION BOOK

The manager of each factory shall maintain a bound Inspection Book as described below and shall be responsible for its production on demand by an Inspector or a Certifying Surgeon irrespective of the fact whether the manager is present in the factory at the time of the inspection or not. The manager shall also be responsible for any damage to, loss of or tampering with the Inspection Book.

The Inspection Book shall be of the size 13 x 8-1/2 inches. It shall contain at least 180 sheets. Every fourth sheet thereof shall be serially numbered and the two un-numbered sheets, between each two serially numbered sheets, shall have a vertical perforated straight line on the left-hand side at a margin of 1 inch.

It shall also contain in the beginning at least six copies each of form Nos. 1, 4, 6, 8 and 9 prescribed under these rules. Form No. 1, shall be kept posted up to date and Form No. 4, shall be filled in every year or whenever there is change of manager or occupier. Exemption granted to the factories under Rules 22 and 81 shall be posted in Form 6 and entries in Forms No. 8 and 9 shall be made periodically according to the relevant rules.

(b) In case the Inspection Book containing the remark passed by an Inspector or a Certifying Surgeon is lost, the manager of the factory shall within a week report in writing the loss of Inspection Book to the Chief Inspector and the Inspector Incharge of the region stating the circumstances in which it has been lost and shall immediately start maintaining a new Inspecting Book.






Rule 124: PRODUCTION OF REGISTERS AND RECORDS

All registers, records required to be maintained under the Act and these rules shall be produced on demand by an Inspector or Certifying Surgeon.



Rule 125: RECORDS OF INSPECTION

A note of all defects and irregularities discovered at the time of inspection by an Inspector, or a Certifying Surgeon, shall be prepared by him, in triplicate, in the Inspection Book maintained under Rule 123, giving reference to relevant sections of the Act and Rules, the breach of which has been committed. He shall detach the two copies on the un-numbered perforated pages for sending one to the Chief Inspector and retaining the other for record in his office. The original on the numbered pages shall be left intact in the Inspection Book.



Rule 126:

All Additional Inspectors appointed under Section 8 (4) and 8 (5) shall inspect factories for breaches of sections mentioned in Rule 15 (c) and their relevant rules and shall submit their inspection reports to the Chief Inspectors of Factories, who shall pass final orders thereon.



Rule 127: INFORMATION OF CLOSURE OF FACTORIES

The occupier or manager of every factory shall report to the inspector any intended closure of the factory or any section or department thereof immediately it is decided to do so, intimating the reason for the closure, the likely to be affected by the closure and the probable period of the closure. An intimation shall also be sent to the Inspector as soon as the factory or the section or department of the factory, as the case may be starts working again.

Rule 128: Plantation of trees

The occupier of a factory, employing ordinarily 100 or more workers, shall plant and maintain trees within the precincts of the factory. The number, type and layout of the trees to be planted shall be approved by the Forest Officer of the area or any other qualified Horticulturist.