CHAPTER V.-  Welfare

 

Section 42. Washing facilities.­

(1)   In every factory-

 

     (a) adequate and suitable facilities for washing  shall be provided and maintained for use of the workers therein;

     (b) separate and adequately screened facilities shall be provided for the use of male and female workers;

     (c) such facilities shall be conveniently accessible and shall be kept clean.


C2) The State Government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing.

Section 43. Facilities for storing and drying clothing.-

The State Government may, in respect of any factory or class or description of factories make rules requiring the provision therein of  suitable  place  for  keeping  clothing  not worn during working hours and for the drying of wet clothing.

Section 44. Facilities for sitting.-

C 1)  In   every factory suitable arrangements for  sitting shall be provided  and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work.

C2) If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room, are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working.

C3) The State Government may, by notification in the Official Gazette, declare that the provisions of sub-section Cl) shall not apply to any specified factory or class or description of factories or to any specified manufacturing process.

Section 45. First-aid-appliances.-

Cl) There shall, in every factory, be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed at any one time in the factory.

C2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard.

C3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person, who holds a certificate in first-aid treatment  recognized  by  the  State Government and who shall always be readily available during the working hours of the factory.

4) In every factory wherein more than five hundred workers are ordinarily employed there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed and those facilities shall always be made readily available during the working hours of the factory.

Section 46. Canteens.-

Cl) The State Government may make rules requiring that in any specified  factory wherein more than two hundred and fifty  workers  are ordinarily  employed, a canteen  or canteens shall be provided and maintained by the occupier for the  use of the workers.


(2)   Without prejudice in the generality of the foregoing power, such rules may provide for-

     (a) the date by which such canteen shall be provided;

     (b) the standard in respect of construction, accommodation, furniture and other equipment of the canteen;

     (c) the foodstuffs to be served therein and the charges which may be made therefor;

     (d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen;

     (dd) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer;

     (e) the delegation to Chief Inspector subject to such conditions as may be prescribed, of the power to make rules under clause (c).

Section 47. Shelters, rest-rooms and lunch-rooms.-

( l) In every factory wherein more than one hundred and fifty workers are ordinarily employed adequate and suitable shelters or rest-rooms and a suitable lunch-room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers:

Provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this sub-section:

Provided further that where a lunch-room exists no worker shall eat any food in the work-room.

(2)   The shelters or rest-room or lunch-room to be provided under sub-section  (1)  shall  be sufficiently lighted and ventilated and shall be maintained  in a  cool and clean condition.

(3)   The State Government may-

     (a) prescribe the standards, in respect of construction accommodation, furniture and other equipment of shelters, rest-rooms and lunch-rooms to be provided under this section;

     (b) by notification in the Official Gazette, exempt any factory or class or description of factories from the requirements of this section.

Section 48. Creches -

(1)   In every factory wherein more than thirty women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women.

(2)   Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants.

(3)   The State Government may make rules-


     (a) prescribing the location and the standards in respect of construction, accommodation; furniture and other equipment of rooms to be provided, under this section;

     (b) requiring the provision in factories to which the section applies, of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing;

     (c) requiring the provision in any factory of free milk or refreshment or both for such children;

     (d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals.

Section 49. Welfare Officers. -

(1)   In every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of welfare officers as may  be prescribed.

(2)   The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1). 50. Power to make rules to supplement this Chapter. -

The State Government may make rules-

     (a) exempting, subject to compliance with such alternative arrangements for the welfare of workers as may be prescribed, any factory or class or description of factories from compliance with any of the provisions of this Chapter,

     (b) requiring in any factory  or class or  description  of factories  that representatives  of the workers employed in the  factories  shall be associated  with the management of the welfare arrangements of the workers.


CHAPTER VI.- Working Hours of Adults

 

Section 51. Weekly hours. -

No adult worker shall be required or allowed to work in a factory for more than forty­ eight hours in any week.

Section 52. Weekly holidays. -

(1)   No adult worker shall be required or allowed to work in a factory on first day of the week (hereinafter referred to as the said day), unless-

     (a) he has or will have a holiday for whole day on one of three days immediately before or after the said day, and

     (b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,-

o     (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and

o     (ii) displayed a notice to that effect in the factory:


Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.

(2)   Notices given under sub-section (1) may be canceled by a notice delivered at the office of the Inspector and a notice displayed in the factory not  later than  the  day before the said day or the holiday to be canceled, whichever is earlier.

(3)   Where, in accordance with the Provisions of sub-section  (1), any  worker  works  on the said day and has had a holiday on one of the three days immediately before it, that  said day  shall, for  the purpose  of calculating  his weekly  hours of work, be included  in the preceding week.

Section 53. Compensatory holidays. -

(1)   Where, as a result of the passing of an order of the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for  which  provision  is made in sub-section (1) of that section  he shall  be allowed,  within  the month in  which the holidays were due to him or within  the  two  months  immediately  following  that month, compensatory holidays of equal number to the holidays so lost.

(2)   The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed.

Section 54. Daily hours. -

Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day.

Provided that subject to the previous approval of the Chief Inspector the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.

Section 55. Intervals for rest. -

(1)   The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.

(2)   The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reason specified therein, exempt any factory from the provisions of sub-section (1)  so however that the total number of hours worked by a worker without an interval does not exceed six.

Section 56. Spreadover. -

The period of work of an adult worker in a factory  shall be so arranged  that inclusive  of his intervals for rest under section 55,  they  shall  not  spreadover  more than ten and a half hours in any day:

Provided that the Chief Inspector may, for reasons to be specified in  writing, increase the spreadover up to twelve hours.


Section 57. Night shifts. -

Where a worker in a factory works on a shift which extends beyond midnight,-

     (a) for the purposes of sections 52 and 53, a holiday  for a whole day shall mean in  his case a period of twenty-four consecutive hours beginning when his shift ends;

     (b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.

Section 58. Prohibition of overlapping shifts. -

(1)   Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work  of the same  kind at the same time.

(2)   The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).

Section 59. Extra wages for overtime. -

(1)   Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.

(2)   For the purposes of sub-section  (1), "ordinary  rate of  wages"  means  the  basic wages plus such allowances, including the cash equivalent of the advantage accuring through the concessional sale to  workers  of foodgrains  and other articles, as the  worker is for the time being entitled to, but does not include a  bonus and wages  for  overtime work.

(3)   Where any workers in a factory are paid on a piece-rate basis, the time-rate shall be deemed to be equivalent to the daily average of their full- time earnings for the  days on which they actually worked on the same or identical job during the month immediately preceding the calendar months during which the overtime work was done, and such time-rates shall be deemed to be the ordinary rates of wages of those workers:

Provided that in the case of a worker who has not worked in the immediately preceding calender month on the same or identical job, the time-rate shall be deemed to be equivalent to the daily average of the earnings of the worker for the days on which he actually worked in the week in which the overtime work was done.

Explanation. For the purposes of this sub-section  in computing  the  earnings for the days on which the worker actually worked,  such allowances  including the cash equivalent of the advantage accruing  through the concessional  sale  to workers of foodgrains and other  articles,  as the  worker  is for  the  time being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period with reference  to  which  the  earnings  are being computed shall be excluded.


(4)   ) The cash equivalent of the advantage  accruing  through the concessional  sale to  a worker of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family.

Explanation I. "Standard family"  means  a  family  consisting  of the  worker, his or her spouse and two children below  the  age of fourteen  years requiring in all three adult consumption units.

Explanation 2. - "Adult consumption unit" means the consumption  units of a male above the age of fourteen years, and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 8 and 6, respectively of one adult consumption unit.

(5)   The State Government may make rules prescribing-

     (a) the manner in which the cash equivalent of the advantage accruing through  the concessional sale to a worker of foodgrains and other articles shall be computed; and

     (b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.

Section 60. Restriction on double employment. -

No adult worker shall be required or allowed  to  work  in any  factory  on any day  on which he has already been working in any other factory, save in such circumstances as may be prescribed.

Section 61. Notice of periods of work for adults. -

(1)   There shall be displayed and correctly maintained in every factory in accordance with the provisions for sub-section (2) of section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work.

(2)   The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the following provisions of this section, and shall be such that workers working for those periods would not be working in contravention of any of the provisions of sections 51, 52, 54, 55, 56 and 58.

(3)   Where all the adult workers in a factory are required to work during the  same periods, the manager of the factory shall fix those periods for such workers generally.

(4)   ) Where all the adult workers in a factory are not required to work during the same periods, the manager of the factory shall classify them into groups according to the nature of their work indicating the number of workers in such group.

(5)   For each group, which is not required to work on a system of shifts, the manager  of  the factory shall fix the periods during which the group may be required to work.

(6)   Where any group is required to work on system of shifts and the relays are to be subject to pre-determined periodical changes or shifts, the manager of the factory shall


fix the periods during which each relay of the group may be required to work.

(7)   Where any group is to work on a system of shifts and the relays are to be subject to pre-determined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts, whereunder the period during which any relay or group may be required to work and the relay which will be working at any time of the day shall be known for any day.

(8)   The State Government may prescribe forms of the notice required by sub-section

(1) and the manner in which it shall be maintained.

(9)   In the case of a factory  beginning  work after the commencement  of this Act, a copy  of the notice referred to in sub-section (1) shall be sent in  duplicate  to  the Inspector before the day on which work is begun in the factory.

(10)    Any proposed change in the system of work in any factory which Will necessitate a change in the notice referred to in sub-section (1) shall be notified to the Inspector in duplicate before the change is made, and except with the previous sanction of the Inspector, no such change shall be made until one week has elapsed since that last change.

Section 62. Register of adult workers. -

(1)   The manager of every factory shall maintain a register of adult workers, to  be available to the Inspector at all times during working hours, or when any work is being carried on in the factory, showing-

     (a) the name of each adult worker in the factory;

     (b) the nature of his work;

     (c) the group, if any, in which he is included;

     (d) where his group works on shift, the relay to which he is allotted; and

     (e) such other particulars as may be prescribed:

Provided that if the Inspector is of opinion that any  muster-roll  or register  maintained  as a part of the routine of a factory gives in respect of any or all the workers in  the factory the particulars required under this section,  he may, by order in  writing, direct  that such muster-roll or register shall to the corresponding extent  be  maintained  in place of, and be treated as, the register of adult workers in that factory.

(lA) No adult worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of adult workers.

(2)   The State Government may prescribe the form of the register of adult workers, the manner in which it shall be maintained and the period for which it shall be preserved.

Section 63. Hours of work to correspond with notice under section 61 and register under section 62. -

No adult worker shall be required or allowed to work in any factory otherwise than in accordance with the notice of periods of work for adults displayed in the factory and the entries made beforehand against his name in the  register  of  adult  workers  of  the factory.


Section 64. Power to make exempting rule. -

(1)   The State Government may make rules defining the persons who hold positions of supervision or management or are employed in a confidential position in a factory or empowering the Chief Inspector to declare any person, other than a person defined by such rules as a person holding position of supervision or management or employed in a confidential position in a factory if, in the opinion of the Chief Inspector,  such  person holds such position or is so employed and the provision of this Chapter, other than the provisions of clause (b) of sub-section (1) of section 66 and of the proviso to that sub­ section, shall not apply to any person so defined or declared :

Provided that any person so defined or declared shall, where the  ordinary  rate of wages of such person does not exceed the  wage limit specified in sub-section  (6)  of section 1  of the Payment of Wages Act, 1936 (4  of 1936), as amended  from time to time, be entitled to extra wages in respect of overtime work under section 59.

 

(2)   The State Government may make rules in respect of adult workers in factories providing for the exemption, to such extent and subject to such conditions as may be prescribed-

 

     (a) of workers engaged on urgent repairs, from the provisions of sections 51, 52,  54, 55 and 56;

     (b) of workers engaged in work in the  nature of  preparatory  or complementary work which must necessarily be carried on outside the limits laid down for the general working of the factory, from the provisions of sections 51, 54, 55 and 56;

     (c) of workers engaged in work which is necessarily so intermittent that intervals during which they do not work while on duty, ordinarily amount to more than the intervals for rest required by or under section 55,  from the provisions of sections  51, 54, 55 and 56;

     (d) of workers engaged in any work which for technical  reasons must be carried on continuously from the provisions of sections 51, 52, 54, 55 and 56;

     (e) of workers engaged in making or supplying articles of prime necessity  which must be made or supplied every day, from the provisions of section 51 and section 52;

     (f) of workers engaged in a manufacturing process which cannot be carried on except during fixed seasons, from the provisions of section 51, section 52 and section 54;

     (g) of worker engaged in a manufacturing process, which cannot be carried on except at times dependent on the irregular action of natural forces, from the provisions of sections 52 and 55;

     (h) of workers engaged in engine-rooms of boiler-houses or in attending to power­ plant or transmission machinery, from the provisions of section 51 and section 52;

(i) of workers engaged in the  printing of newspapers,  who are  held up on account of the breakdown of machinery, from the provisions of sections 51, 54 and 56.

Explanation. - In this clause the expression "newspapers" has the meaning assigned to it in the Press and Registration of Books Act, 1867 (XXV of 1867);

 

     (j ) of workers engaged in the loading or unloading of railway wagons or lorries or trucks, from the provisions of sections 51, 52, 54, 55 and 561;


     (k) of workers engaged in any work, which is notified by the State Government  in the Official Gazette as a work of national importance,  from  the provisions  of section 51, section 52, section 54, section 55 and section 56.

 

(3)   Rules made under sub-section (2) providing for any exemption may also provide for any consequential exemption from the provisions of section 61 which the State Government may deem to be expedient, subject to such conditions as it may prescribe.

 

(4)   ) In making rules under this section,  the  State  Government  shall  not  exceed, except in respect of exemption  under clause (a)  of  sub-section  (2), the following  limits of work inclusive of overtime : -

 

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

     (ii) the spreadover, inclusive of intervals for rest, shall not exceed twelve hours in any one day;

 

Provided that the State Government may, in respect of any or all of the categories of workers referred to in clause (d) of sub-section (2), make rules prescribing the circumstances in which, and the conditions  subject  to  which, the  restrictions  imposed by  clause (i)  and clause (ii) shall not  apply  in order to enable a shift worker to work the whole or part of a subsequent shift in the absence of a worker who has failed to report for duty;

 

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

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

 

Explanation. - "Quarter" means a period of three consecutive months beginning on the 1st of January, the 1st of April, the 1st of July or the 1st of October.

 

(5)   Rules made under this section shall remain in force for not more than five years.

 

Section 65. Power to make exempting orders. -

(1)    Where the State Government is satisfied that, owing to the nature of the work carried on or to other circumstances, it is reasonable to require that the periods of work of any adult worker in any factory or class or description of factories should be fixed beforehand, it may, by written order, relax or modify the provisions of section 61 in respect of such workers therein, to such extent and in such manner as it may think fit, and subject to such conditions as it may deem expedient to ensure control over periods of work.

 

(2)   The State Government or, subject to the control of the State Government the Chief Inspector may, by written order, exempt on such conditions as it or he may deem expedient, any or all of the  adult workers in any  factory  or group or class or  description of factories from any or all of the  provisions  of sections  51,  52,  54 and  56 on the ground that the exemption is required to enable the factory or factories to deal with an exceptional pressure of work.

 

(5)   Any exemption granted under sub-section (2) shall be subject to the following conditions, namely:


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

     (ii) the spreadover, inclusive of intervals for rest, shall not exceed thirteen  hours in any one day;

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

     (iv) no worker shall be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy-five.

Explanation. In this sub-section "quarter" has the same meaning as in sub­ section ( 4) of section 64.

Section 66. Further restriction on employment of women. -

(1)   The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely:-

     (a) no exemption from the provisions of section 54 may be granted in respect of any woman;

     (b) no woman shall be required or allowed to work in any factory  except between  the hours 6 A.M. and 7 P.M.;

Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories, vary the limits laid down in clause (b), but so that no such variation shall authorise the employment of any woman between the hours of 10 P.M. and 5

A.M..

 

     (c) there shall be no change of shifts except after a weekly holiday or any other holiday.

(2)   The State Government may make rules providing for the exemption from the restrictions set out in sub-section (1), to such extent and subject to such conditions as it may prescribe, of women working in fish-curing or fish- canning factories, where the employment of women beyond the hours specified in the said restrictions, is necessary to prevent damage to, or deterioration in any raw material.

(3)   The rules made under sub-section (2) shall remain in force for not more than three years at a time.


 

CHAPTER VII.- Employment of Young Persons

 

Section 67. Prohibition of employment of young children. -

No child who has not completed his fourteenth year shall be required or allowed to work in any factory.

Section 68. Non-adult workers to carry tokens. -

A child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory, unless -


     (a) a certificate of fitness granted with reference to him under section 69, is in the custody of manager of the factory, and

     (b) such child or adolescent carries while he is at  work,  a token giving a reference  to such certificate.

Section 69. Certificate of fitness. -

A certifying surgeon shall, on the application of any young person or his parent or guardian accompanied by a document signed by the manager of a factory that such person will be employed therein if certified to be fit for work in a factory, or on the application of the manager of the factory, in which any young person wishes to work, examine such person and ascertain his fitness for work in a factory.

(2)   The certifying surgeon, after examination, may grant to such young person, in the prescribed form, or may renew-

     (a) certificate of fitness to work in a factory as a child, if he is satisfied that the young person has completed his fourteenth year, that he has attained the prescribed physical standards and that he is fit for such work;

     (b) a certificate of fitness to work in a factory as an adult, if he is satisfied that the young person has completed his fifteenth year and is fit for a full day's work in a factory:

Provided that unless the certifying surgeon has personal knowledge of the place where the young person proposes to work and of the manufacturing process in which he will be employed, he shall not grant or renew a certificate under this sub-section until he has examined such place.

(3)   A certificate of fitness granted or renewed under sub-section (2)-

     (a) shall be valid only for a period of twelve months from the date thereof:

     (b) may be made subject to conditions in regard to the nature of the work in which the young person may be employed, or requiring reexamination of the young person before the expiry of the period of twelve months.

(4)   A certifying surgeon shall revoke any certificate granted or renewed under sub­ section (2) if in his opinion the holder of it is no longer fit to work in the capacity stated therein in a factory.

(5)    Where a certifying surgeon refuses to grant or renew a  certificate  or a certificate  of the kind requested or revokes a certificate, he shall, if so requested by any person who could have applied for the certificate or the  renewal thereof, state his reasons in  writing  for so doing.

(6)    Where a certificate under this section with reference to  any young  person is granted  or renewed subject to such  conditions  as are  referred  to  in clause  (b)  of  sub-section (3), the young person shall not be required or allowed to work in any factory except in accordance with those conditions.

(7)   Any fee payable for a certificate under this section shall be paid by the occupier and shall not be recoverable from the young person, his parents or guardian.

Section 70. Effect of certificate of fitness granted to adolescent. -


(1)    An adolescent, who has been granted certificate of fitness to work in a factory as an adult under clause (b) of sub-section (2) of section  69,  and  who  while at  work  in a factory carries a taken giving reference to the  certificate,  shall  be  deemed  to  be  an adult for all the purposes of Chapters VI and VIII;

(lA) No female adolescent or a male adolescent who has not attained the age of seventeen years but who has been granted a certificate  of fitness  to  work in a factory  as an adult, shall be required or allowed to work in any factory except between  6 A.M. and 7 P.M.

Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories,-

     (i) vary the limits laid down in this sub-section so, however, that no such  section shall authorise the employment of any female, adolescent between 10 P.M. and 5 A.M.

     (ii) grant exemption from the provisions of this sub-section in case of serious

emergency where national interest is involved. (2) An adolescent who has not been granted a certificate of fitness to work in a factory as an adult under the aforesaid clause (b) shall, notwithstanding his age, be deemed to be a child for all the purposes of this Act.

Section 71. Working hours for children. -

(1)   No child shall be employed or permitted to work in any factory-

     (a) for more than four and a half hours in any day;

     (b) during the night.

Explanation. For the purpose  of this sub-section  "night"  shall mean a  period of at least twelve consecutive hours which  shall include the  interval  between 10 P.M. and 6 A.M.

(2)   The period of work of all children employed in a factory shall be limited to two shifts which shall not  overlap  or spreadover  more than  five hours  each;  and each child shall be employed in only one of the relays which  shall  not, except  with the previous permission in writing of the Chief Inspector, be changed more frequently than once in a period of thirty days.

(3)   The provisions of section 52 shall apply also to child workers and no exemption from the provisions of that section may be granted in respect of any child.

(4)   ) No child shall be required or allowed to  work  in any factory  on any  day on which  he has already been working in another factory.

(5)   No female child shall be required or allowed to  work in any  factory  except between  8 A.M. and 7 P.M.

Section 72. Notice of period of work for children. -

(1)   There shall be displayed and correctly maintained in every factory  in which children are employed, in accordance with the provisions of sub-section (2) of section 108, a


notice of periods of work for children, showing clear}y for every day the periods during which children may be required or allowed to work.

 

(2)   The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the method laid down for adult workers in section 61, and shall be such that children working for those periods would not be working in contravention of any of the provisions of section 71.

 

(3)   The provisions of sub-sections (8), (9) and (10) of section 61 shall apply also to the notice required by sub-section (1) of this section.

 

Section 73. Register of child workers. -

(1)   The manager of every factory in which children are employed shall maintain a register of child workers, to be available to the Inspector at all times during working hours or when any work is being carried on in a factory, showing -

 

     (a) the name of each child worker in the factory,

     (b) the nature of his work,

     (c) the group, if any, in which he is included,

     (d) where his group works on shifts, the relay to which he is allotted, and

     (e) the number of his certificate of fitness granted under section 69.

 

(lA) No child worker shall be required or allowed to work in any factory unless his name and other particulars have been entered in the register of child workers.

 

(2)   The State Government may prescribe the form of the register of child workers, the manner in which it shall be maintained and the period for which it shall be preserved.

Section 74. Hours of work to correspond with notice under section 72 and register under section 73. -

No child shall be employed in any factory otherwise than in accordance  with the notice  of periods of work for children displayed in the  factory  and the  entries  made beforehand against his name in the register of child workers of the factory.

Section 75. Power to require medical examination. -

Where an Inspector is of opinion -

 

     (a) that any person working in factory without a certificate of fitness is a young person, or

     (b) that a young person working in a factory with a certificate of fitness is no longer fit to work in the capacity stated therein, -

 

he may serve on the manager of the factory a notice requiring that such person or young person, as the case may be shall be, examined by a certifying surgeon, and such person or young person shall not, if the Inspector so directs, be employed, or permitted to work, in any factory until he has been so examined and has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be, under section 69, or has been certified by the certifying surgeon examining him not to be a young person.


Section 76. Power to make rules. -

The State Government may make rules-

 

     (a) prescribing the forms of certificate of fitness to be granted under section 69, providing for the grant of duplicates in the event of loss of the original certificate, and fixing the fees which may be charged for such certificates and renewals thereof and such duplicates;

     (b) prescribing the physical standards to be attained by children and adolescents working in factories;

     (c) regulating the procedure of certifying surgeons under this Chapter;

     (d) specifying  other duties  which certifying  surgeons  may  be required  to  perform in connection with the employment of young persons  in  factories,  and fixing  the fees which may be charged for such duties and the persons by whom they shall be payable.

 

Section 77. Certain other provisions of law not barred. -

The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of the Employment of Children Act, 1938 (XXVt of 1938).


 

CHAPTER VIII.- Annual Leave with Wages

 

Section 78. Application of Chapter.-

(1)   The provisions of this Chapter shall not operate to prejudice of any right to which a worker may be entitled under any other law or  under  the  terms of any  award, agreement including settlement or contract of service:

 

Provided that if such award, agreement (including settlement) or contract of service provides for a longer annual leave with wages than provided in this Chapter, the quantum of leave, which the worker shall be entitled to, shall be in  accordance  with such award, agreement or contract of service, but in  relation  to  matters not provided for in such award, agreement or contract of service or matters which are provided for less favourable therein, the provisions of sections 79 to 82, so far as may be,  shall apply.

 

(2)   The provisions of this Chapter shall not  apply  to  workers in any  factory  of any railway administered by the Government, who are governed by leave rules approved by the Central Government

Section 79. Annual leave with wages.-

(1)   Every worker who has worked  for  a period of  240 days or  more in a  factory  during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of -

 

     (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;

     (ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.


Explanation 1. For the purposes of this sub-section-

     (a) any days of lay-off, by agreement or contract or as permissible  under the standing orders;

     (b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and

     (c) the leave earned in the year prior to that in which the leave is enjoyed;

shall be deemed to be days on which the worker has worked in a factory  for the purpose of computation of the period of  240 days or  more, but  he shall not earn leave for these days.

Explanation 2. The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.

(2)   A worker whose service commences otherwise than on the first day of January  shall be entitled to leave with wages  at  the  rate laid down in clause  (t)  or, as the  case may be, clause (ii) of sub-section (1) if he has worked for  two-thirds  of the  total number  of days in the remainder of the calendar year.

(3)   If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death, calculated at the rates specified in sub­ section (1), even if he had not worked for the entire period specified  in sub-section(l)  or sub-section (2) making him eligible to avail of such leave, and such payment shall

be made -

     (i) where the worker is discharged or dismissed or quits employments before the expiry of the second working day from the date of such discharge, dismissal or quitting; and

     (ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.

(4)   ) In calculating leave under this section, fraction  of  leave  of half a  day  or  more shall be treated as one full day's leave and fraction of less than half a day shall be omitted.

(5)   If a worker does not in any one calendar year takes the  whole of the  leave allowed  to him under sub-section (1) or sub-section (2), as the  case  may  be, any  leave not taken by him shall be added to the leave to be allowed to  him  in the  succeeding calendar year:

Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child:

Provided further that a worKer, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit.


(6)   A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes  his leave to  begin, to take all the leave  or any portion thereof allowable to him during the calendar year:

 

Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to  begin, if  he is employed  in a public  utility  service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (XIV of 1947):

 

Provided further that the number of times in which leave may be taken during any year shall not exceed three.

 

(7)   If a worker wants to avail himself of the leave with wages due to  him  to  cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such  a case  wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty  days  from  the  date  of  the  application  for leave.

(8)   For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee for the factory constituted under section 3 of the Industrial Disputes Act, 1947 (XIV of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives oft.he workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of the leave allowable under this section may be regulated.

 

(9)   A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient place in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.

(10)    An application for leave which does not contravene the provisions of sub-section

(6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).

(11)   If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier  before he has taken the entire leave to which he is entitled, or if having applied for and having not  been granted such leave, the worker quits  his employment  before  he has taken  the  leave, the occupier of the factory shall pay him  the  amount payable  under  section 80  in respect of the leave not  taken, and such  payment  shall be made,  where the employment of the worker is terminated by the  occupier,  before  the  expiry  of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.

 

(12)   The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.

Section 80. Wages during leave periods.-


(1)    For the leave allowed to him under section 78 or section 79, as the case may be, a worker shall be entitled to wages at  a  rate equal to  the  daily  average  of his total full time earnings for the day on which he actually worked during the months immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of advantage accruing  through the concessional  sale to the worker of foodgrains and other articles:

Provided that in the case of a worker who has not  worked  on any day  during  the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which  he actually  worked during the last calendar month preceding his leave, in  which  he actually  worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of foodgrains and other articles.]

(2)    The cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles  shall be computed  as often as may  be prescribed, on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family.

Explanation 1. "Standard family"  means a family consisting  of a  worker, his  or her spouse and two children below  the  age of fourteen  years requiring  in all three adult consumption units.

Explanation 2. "Adult consumption unit" means  the  consumption  unit  of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years, and that of a child below the age of fourteen years shall be calculated at the rates of 8 and 6 respectively of one adult consumption unit.

(3)    The State Government may make rules prescribing -

     (a) the manner in which the cash equivalent of the advantage accruing  through the concessional sale to a worker of foodgrains and other articles shall be computed; and

     (b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.

Section 81. Payment in advance in certain cases. -

A worker who has been allowed leave for not less than four days, in the case of an adult, and five days, in the case of a child, shall, before his leave begins, be paid the wages due for the periods of the leave allowed.

Section 82. Mode of recovery of unpaid wages.-

Any sum required to be paid by an employer, under this Chapter but not paid by him, shall be recoverable as delayed wages under the provisions of the Payment of Wages Act, 1936 (IV of 1936).

Section 83. Power to make rules.-


The State Government may make rules directing managers of factories  to  keep registers containing such particulars as may  be prescribed  and requiring  the registers to be made available for examination by Inspectors.

Section 84. Power to exempt factories.-

 

Where the State Government is satisfied that the leave rules applicable to workers in a factory provide benefits which in its opinion, are not  less  favourable  than  those  for which this Chapter makes provisions, it  may by written  order, exempt  the factory  from  all or any of the provisions of this Chapter subject to  such conditions  as  may  be specified in the order.

Explanation. For the purposes of this section, in deciding whether the benefits which are provided for by any leave rules are less favourable than those for which this Chapter makes provision, or not, the totality of the benefits shall be taken into account.


 

CHAPTER IX.- Special Provisions

Section 85. Power to apply the Act to certain premises. -

 

(1)   The State Government may, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with or without the aid of power or is so ordinarily carried on, notwithstanding that -

     (i) the number of persons employed therein is less than  ten, if  working  with the aid of power, and less than twenty if working without the aid of power, or

     (ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner:

Provided that the manufacturing process is not being carried on by the owner only with the aid of his family.

(2)   After a place is so declared, it shall be deemed to be a factory for the purposes of this Act, and the owner shall be deemed to be the occupier, and any person working therein, to be a worker.

Explanation. For the purpose of this section "owner" shall include a lessee or mortgagee with possession of the premises.

Section 86. Power to exempt public institution.-

 

The State Government may exempt, subject to such conditions as it may consider necessary, any workshop or workplace where a manufacturing process is carried on and which is attached to a public institution maintained for the purposes of education training, research or information, from all or any of the provisions of this Act:

Provided that no exemption shall be granted from the provisions relating to hours of work and holidays unless the persons having the control of the institution submit, for the approval of the State Government, a scheme of the regulation of the hours of employment, intervals for meals, and holidays of the persons employed in or attending


the institution or who are inmates for the institution, and the State Government is satisfied that the provisions of the scheme are not less favourable than the corresponding provisions of the Act.

Section 87. Dangerous operations.-

Where the State Government is of opinion that any manufacturing process or operation carried on in a factory exposes any persons employed in it to  a serious risk of bodily injury, poisoning or disease, it may order or  make rules applicable  to  any  factory  or class or description of factories in which manufacturing  process or  operation  is carried on -

 

     (a) specifying the manufacturing process or operation and declaring it to be dangerous;

     (b) prohibiting or restricting the employment of women, adolescents or children in the manufacturing process or operation;

     (c) providing for the periodical medical examination for persons employed or seeking to be employed, in the manufacturing process or operation, and prohibiting the employment of persons not certified as fit for such employment and requiring the payment by the occupier of the factory of fees for such medical examination;

     (d) providing for the protection of all persons employed in the manufacturing process or operation or in the vicinity of the places where it is carried on;

     (e) prohibiting, restricting or controlling the use of any specified materials or processes in connection with the manufacturing process or operation:

     (f) requiring the provision of additional welfare amenities and sanitary  facilities and the supply of protective equipment and clothing, and laying down the standards thereof, having regard to the dangerous nature of the manufacturing process or operation;

Section 87A. Power to prohibit employment on account of serious hazard.-

Cl) Where it appears to the Inspector that conditions in a factory or part thereof are such that they may cause serious hazard by way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed.

 

(2)   Any order issued by the Inspector under sub-section (1) shall have effect for a period of three days until extended by the Chief Inspector by a subsequent order.

 

(3)   Any person aggrieved by an order of the Inspector under sub-section (1), and the Chief Inspector under sub-section (2), shall have the right to appeal to the High Court.

 

(4)   Any person whose employment has been affected by an order issued under sub­ section (1), shall be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him  wherever  possible  and  in  the manner prescribed.


(5)   The provisions of sub-section (4) shall be without prejudice to the rights of the parties under the Industrial Disputes Act, 1947 (14 of 1947)1.

Section 88. Notice of certain accident.-

Cl) Where in any factory an accident occurs which causes death, or which causes any bodily injury by reason of which the person injured is prevented from  working  for  a period of forty-eight hours or more immediately following the accident, or  which  is of such nature as may be prescribed in this behalf, the manager of the factory shall send notice thereof to such authorities, in such form and within such time, as may be prescribed.

(2)    Where a notice given under sub-section (1) relates to  an accident  causing  death, the authority to whom the notice is sent shall  make  an  inquiry  into  the occurrence within one month of the receipt of the notice or if there is no such authority, the Chief Inspector cause the Inspector to make an inquiry within the said period.

(3)   The State Government may make rules for regulating the procedure  inquires under this section.

Section SSA. Notice of certain dangerous occurrences.-

Where in a factory any dangerous occurrence of such nature as may be prescribed, occurs, whether causing any bodily injury or disability,  or  not, the manager  of  the factory shall send notice thereof to such authorities, and in such form and within such time, as may be prescribed.

Section 89.  Notice of certain diseases. -

(1)    Where any worker in a factory contacts any disease specified in the Third Schedule the manager of the factory shall send notice thereof  to  such authorities,  and in  such form and within such time, as may be prescribed.

(2)    If any medical practitioner attends on a person, who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be suffering from any disease specified in the Third Schedule the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating -

     (a) the name and full postal address of the patient,

     (b) the disease from which he believes the patient to be suffering, and

     (c) the name and address of the factory in which the patient is, or was last employed.

(3)    Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector, by the certificate of the certifying surgeon or otherwise, that the person is suffering from a disease specified in the Third Schedule, he shall pay to the medical practitioner such fee as may be prescribed, and the  fee so paid shall be recoverable as  an arrear of land revenue from the occupier  of the  factory  in  which  the  person contacted the disease.

(4)   If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to one thousand rupees.


C5) The Central Government may, by notification in the Official Gazette, and to  or alter the Third Schedule and any such addition  or alteration  shall have effect  as if  it  had been made by this Act.

Section 90. Power to direct inquiry into cases of accident or disease.-

Cl) The State Government may, if it considers  it  expedient  so to  do, appoint  a competent person to inquire into the causes of any  accident  occurring  in a  factory  or into any case where a disease specified in the Third Schedule  has been, or is suspected to have been, contacted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry.

C2) The person appointed to hold an inquiry under this section  shall have all the powers  of a Civil Court under the  Code  of Civil Procedure,  1908  CV  of  1908), for the purposes of enforcing the attendance of witnesses and compelling  the  production  of documents and material objects and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information, shall be deemed

to be legally bound so to do within the meaning of section 176 of the Indian Penal Code CXLV of 1960).

C3) The person holding an inquiry under this section shall make a report to the State Government stating the cause of the accident, or as the case may be, disease, and any attendant circumstances, and adding any observations which he or any of the assessor may think fi to make. C4) The State Governmen may, if i thinks fit, cause to be published any report made under this section or any extracts therefrom.

C5) The State Government may make rules for regulating the procedure of inquires under this section.

Section 91. Power to take samples.-

Cl) An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in-charge of the factory, take, in the manner hereinafter provided, a sufficient sample of any substance used or intended to be used in the factory, such use being -

     Ca) in the belief of the Inspector, in contravention of any of the provisions of this  Act or the rules made thereunder, or

     Cb) in the opinion of the Inspector, likely to cause bodily injury to, or injury to the health of, workers in the factory.

C2) Where the Inspector takes a  sample  under  sub-section  Cl), he shall,  in the presence of the person informed, under that sub-section unless such person wilfully absents himself, divide the sample into three portions and effectively, seal and suitably mark them, and shall permit such person to add his own seal and mark thereto.

C3) The person informed as aforesaid shall, if the Inspector so requires, provide the appliances for dividing, sealing and marking the sample taken under this section.

C4) The Inspecto shall-


     (a) forthwith give one portion of the sample to the person informed under sub­ section (1);

     (b) forthwith send the second portion to a Government analyst for analysis and report thereon;

     (c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance.

 

(5)    Any document purporting to be a report under the hand of any Government analyst upon any substance submitted to  him  for analysis  and  report  under this section,  may be used as evidence in any proceeding instituted in respect of the substance.

Section 91A. Safety and occupational health surveys.-

Cl) The Chief Inspector, or the Director-General of Factory Advice Service and Labour Institutes, or the Director-General of Health Services, to the Government of India, or such other officer as may be authorised in this behalf by the State Government or the Chief Inspector or the Director-General of Factory Advice Service and Labour Institutes or the Director-General of Health Services, may, at any time during the normal working hours of a factory, or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in-charge of the factory, undertake safety and occupational health surveys and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.

 

(2)   For the purpose of facilitating surveys under sub-section (1)  every  worker shall, if  so required by the person conducting the survey, present himself to undergo such medical examinations as may be considered necessary by such person and furnish all information in his possession and relevant to the survey.

 

(3)   Any time spent by a worker for undergoing medical examination or furnishing information under sub-section (2) shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be time during  which such  worker  worked  in the factory.

 

Explanation. For the purposes of this section, the report, if any;  submitted  to the State Government by the person conducting the survey under sub­ section ( 1) shall be deemed to be a report submitted by an Inspector under this Act.


 

CHAPTER X.- Penalties and Procedure

 

Section 92. General penalty for offences.-

Save as is otherwise expressly provided in this Act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier or manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to two years or with fine which may extend to one lakh rupees or with both, and if the contravention is


continued after conviction, with as further fine which may extend to one thousand rupees for each day on which the contravention is so continued.

 

Provided that where contravention of any of the provisions of Chapter IV or any  rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident causing death, and five thousand rupees in the case of an accident causing serious bodily injury.

Explanation. - in this section and in section 94 "serious bodily injury"  means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent  loss of,  or  injury to sight or hearing, or  the fracture of any bone, but shall not include, the fracture of bone or joint (not being fracture of more than one bone or joint) of and phalanges of the hand or foot.

 

Section 93. Liability of owner of premises in certain circumstances. -

(1)    Where in any premises separate building are leased to different occupiers for use as separate factories, the owner of the premises shall be responsible for the provision and maintenance of common facilities and services,  such  as approach  roads,  drainage, water supply, lighting and sanitation.

 

(2)   The Chief Inspector shall have, subject to the control of the State Government, power to issue order, to the owner of the premises in respect of the carrying out of the provisions of sub-section (1).

 

(3)    Where in any premises, independent or self-contained floor or fiats are leased to different occupiers for use as separate factories, the owner of the premises shall be liable as if he was the occupier or manager of a factory, for any contravention of the provisions of this Act in respect of -

 

     (i) latrines, urinals and washing facilities in so far as the maintenance of the common supply of water for those purpose in concerned;

     (ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody or use of an occupier;

     (iii) safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages;

     (iv) precaution, in case of fire;

     (v) maintenance of hoists and lifts; and

     (vi) maintenance of any other common facilities provided in the premises.

 

(4)   The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub-section (3).

 

(5)   The provisions of sub-section (3) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines, urinals and washing facilities are leased to different occupier, for use as separate factories:

 

Provided that the owner shall be responsible also for complying with the requirements relating to the provisions and maintenance of latrines, urinals and washing facilities.


(6)   The Chief Inspector shall have, subject to the control of the State Government, the power to issue orders to the owner of the premises referred to in sub-section (5) in respect of the carrying out of the provisions of section 46 or section 48.

 

(7)    Where in any premises, portions of a room or a shed are leased to different occupiers, for use as separate factories, the owner of the premises shall be liable for any contravention of the provisions of -

 

     (i) Chapter III, except sections 14 and 15;

     (ii) Chapter IV, except sections 22, 23, 27, 34, 35 and 36:

 

Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only in so far as such provisions relate to things under his control:

 

Provided further that the occupier shall be responsible for complying with the provisions of Chapter IV in respect of plant and machinery belonging to or supplied by him;

 

     (iii) section 42.

 

(8)   The Chief Inspector shall have, subject to the control of the State Government, power to issue orders to the owner of premises in respect of the carrying out of the provisions of sub-section (7).

 

(9)   In respect of sub-sections (5) and (7), while computing for the purposes of any  of  the provisions of this Act the total number of workers employed, the whole of the premises shall be deemed to be a single factory.

Section 94.  Enhanced  penalty after previous conviction.-

Cl) If any person who has been convicted of any offence punishable under section 92 is again found guilty of an offence involving a contravention Of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three years or with fine, which shall not be less than ten thousand rupees but which may extend to two lakh rupees or with both;

 

Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than ten thousand rupees:

 

Provided further that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than thirty five thousand rupees in the case of an accident causing death and ten thousand rupees in the case of an accident causing serious bodily injury.

 

(2) For the purpose of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission of the offence for  which the  person  is subsequently being convicted.

Section 95. Penalty for obstructing inspector.-


Whoever wilfully obstructs an Inspector in the exercise of any power conferred on him by or under this Act, or fails to produce on demand by an Inspector any register or other documents kept in his custody in pursuance of this Act or of any rules made thereunder, or conceals or prevents any workers, in a factory from appearing before, or being examined by, an inspector, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

 

Section 96. Penalty for wrongfully disclosing results of analysis under section

91.-

Whoever, except in so far as it may be necessary for the purposes of a prosecution for any offence punishable under this Act, publishes or discloses to any person the  results  of an analysis made under section 91,  shall be punishable  with imprisonment  for  a term, which may extend to six months or with fine, which may extend to ten thousand rupees or with both.

Section 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H.-

(1)   Whoever fails to comply with or contravenes any of the provisions of sections  41B, 41C or 41H or the rules made thereunder, shall, in respect  of such failure or contravention, be punishable with imprisonment for a term which may extend to seven years and with fine which may extend to two lakh rupees, and in case the failure or contravention continues, with additional fine which may extend to five thousand  rupees  for every day during  which such failure or contravention  continues, after the conviction  for the first such failure or contravention.

(2)   If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to ten years.

Section 97. Offences by workers.-

( l) Subject to the provisions of section 111, if any worker employed in a factory contravenes any provision of this Act or any rules or orders made thereunder, imposing any duty or liability on workers, he shall be punishable with fine  which  may  extend  to five hundred rupees.

 

(2) Where a worker is convicted of an offence punishable under sub-section (1) the occupier or manager of the factory shall not be deemed to be guilty of an offence in respect of that contravention, unless it is proved that he failed to take all reasonable measures for its prevention.

Section 98. Penalty for using false certificate of fitness.-

Whoever knowingly uses or attempts to use, as a certificate of fitness granted to himself under section 70, a certificate granted to another person under that section, or who, having procured such a certificate, knowingly allow it to be used, or an attempt to use it to be made by, another person, shall be punishable with imprisonment for a term, which may extend to two months or with fine which may extend to one thousand rupees or with both.


Section 99. Penalty for permitting double employment of child.-

If a child works in a factory on any day  on which  he has already  been  working  in another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct  benefit  from  his  wages,  shall  be  punishable with fine which may extend to one thousand rupees, unless it appears to the  Court that  the child so worked without the consent or connivance of such  parent,  guardian  or person.

Section 100.- Omitted by Act 20 of 1987

Section 101. Exemption of occupier or manager from liability in certain cases.­

Where the occupier or manager  of a  factory  is charged  with an offence  punishable under this Act he shall be entitled, upon complaint  duly  made by  him and  on giving  to the prosecutor not less than  three clear days'  notice in  writing of his intention  so to  do, to have any other person whom he charges as the actual offender brought before  the Court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the occupier or manager of the factory, as the case may be, proves to the satisfaction of the Court -

     (a) that he has used due diligence to enforce the execution of this Act, and

     (b) that the said other person committed the offence in question without his knowledge, consent or connivance,

that other person shall be convicted of the offence and shall be liable to the like punishment as if he was the occupier or manager of the factory, and the occupier or manager, as the case may be, shall be, discharged from any liability under this Act in respect of such offence:

Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the case may be, may be examined on oath, and his evidence and that of any witness whom he calls in his support, shall be subject to cross-examination on behalf of the person he charges as the actual offender and by the prosecutor:

Provided further that, if the person charged as the actual offender by the occupier or manager, cannot be brought before the court at the time appointed for  hearing  the charge, the court shall adjourn the hearing  from  time  to  time  for  a  period  not exceeding three months and if by the end of the said period the person charged as the actual offender cannot still be brought before the court, the court shall proceed to  hear  the charge against the occupier or manager and shall, if the offence be proved, convict  the occupier or manager.

Section 102. Power of court to make orders.-

Cl) Where the occupier or manager of a factory is convicted of an offence punishable under this Act the court may, in addition to awarding any punishment, by  order  in writing require him, within a period specified in the order (which the court  may, if  it thinks fit and on application in such- behalf, from time to time extend) to take such measures as may be so specified for remedying the matters in respect of which the offence was committed.


(2) Where an order is made under sub-section (1), the occupier or manager of the factory, as the case may be, shall not be liable under this Act in respect of the continuation of the offence during the period or extended period, if any, allowed by the court, but if, on the expiry of such period or extended period, as the case may be, the order of the court has not been fully complied with, the occupier or manager, as the case may be, shall be deemed to have committed a further offence, and may be sentenced therefor by the court to undergo imprisonment for a term which may extend to six months or to pay a fine which may extend to one hundred rupees for every day after such expiry on which the order has not been complied with, or both to undergo such imprisonment and to pay such fine as aforesaid.

Section 103. Presumption as to employment.-

If a person is found in a factory at any time, except during intervals for meals or rest, when work is going on or the machinery is in motion, he shall until the contrary is proved, be deemed for the purposes of this Act and the rules made thereunder to have been at that time employed in the factory.

Section 104. Onus as to age.-

(1)   When any act or omission would, if a person was under a certain age, be an offence punishable under this Act, and such person is in the opinion of the  Court  prima  facie under such age, the burden shall be on the accused  to  prove that such person is not under such age.

(2)   A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated in such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker.

Section 104A. Onus of proving limits of what is practicable, etc. -

In any proceeding for an offence for the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or as the case may be, all practicable measures were taken to satisfy the duty or requirement.

Section 105. Cognizance of offences.-

( l) No court shall take cognizance of any offence under this Act except on complaint  by, or which previous sanction in writing of, an Inspector.

(2)   No court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act.

Section 106. Limitation of prosecution.-

No court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which he alleged commission of the offence, came to the knowledge of an Inspector.


Provided that where the offence consists of disobeying a written order made by an Inspector, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed.

Explanation. For the purposes of this section,-

     (a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues;

     (b) where for the performance  of any act time is granted  or extended  on an application made by the occupier or  manager  of a  factory  the  period of limitation shall be computed from the date on  which  the  time  so granted or extended expired.

Section 106A. Jurisdiction of a court for entertaining proceedings, etc., for offence.-

For the purposes of conferring jurisdiction on any  court  in relation to  an offence  under this Act or the rules made thereunder in connection with the operation of any plant, the place where the plant is for the time being  situate, shall be deemed  to  be the  place where such offence has been committed.


 

CHAPTER XI.- Supplemental

 

Section 107. Appeals.-

Cl) The manager of a factory on whom an order in writing by an Inspector has been served under the provisions of this Act or the occupier of the factory may, within thirty days of the service of the order,appeal against it to the prescribed authority, and such authority may subject to rules made in this behalf by the State Government, confirm, modify or reverse the order.

(2)    Subject to rules made in this behalf by the State Government (which may prescribe classes of appeals which shall not be heard with the aid of assessors), the appellate authority may, or if so required in the petition of appeal  shall, hear  the  appeal  with the aid of assessors, one of whom shall be appointed by the  appellate  authority  and  the other by such body representing the industry concerned as may be prescribed:

Provided that if no assessor is appointed by such body before the time fixed for hearing  the appeal, or if the assessor so appointed fails to attend the hearing at such time, the appellate authority may, unless satisfied that the failure to attend is due  to  sufficient cause, proceed to hear the appeal without the aid of such assessor or if  it  thinks fit, without the aid of any assessor.

(3)    Subject to such rules as the State Government  may  make in this behalf  and subject to such conditions as to  partial compliance  or  the  adoption of temporary  measures as the appellate authority may in any  case  think  fit  to  impose,  the  appellate  authority may, if it thinks fit, suspend the order appealed against, pending the decision  of the appeal.

Section 108. Display of notices.-


(1)   In addition to the notices required to  be displayed  in any  factory  by or under this Act, there shall be displayed in every factory a notice continuing such abstracts  of this Act, and of the rules made thereunder as may be prescribed and also the name and address of the Inspector and the certifying surgeon.

(2)    All notices required by or under this Act to be displayed  in  a  factory  shall be in English and in a language understood by the majority of the workers in the factory, and shall be displayed at some conspicuous and convenient place at  or near the  main entrance to the factory, and shall be maintained in a clean and legible condition.

(3)    The Chief Inspector may, by order in writing serve on the manager of any factory, require that there shall be displayed in the factory any other notice or poster relating to the health, safety or welfare of the workers in the factory.

Section 109. Service of notices.-

The State Government may make rules prescribing the manner of the service of orders under this Act on owners, occupiers or managers of factories.

Section 110. Returns.-

The State Government may make rules requiring owners, occupiers or managers of factories to submit such returns, occasional or periodical, as may in its opinion be required for the purpose of this Act,

Section 111. Obligations of workers.-

Cl) No worker in a factory-

    (a) shall wilfully interfere with or misuse any appliance, convenience or other things provided in a factory for the purposes of securing the health, safety or welfare of the worker therein;

    (b) shall wilfully and without reasonable cause do anything likely to endanger himself or others; and

    (c) shall wilfully neglect to make use of any appliances or  other things provided in  the factory for the purposes of securing  the  health  or  safety  of the  workers therein.

(2)   If any worker employed in a factory contravenes any of the provisions of this section or of any rule or order made thereunder, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

Section 111A. Right of workers, etc.-

Every worker shall have the right to -

     (i) obtain from the occupier, information relating to worker's health and safety at work,

     (ii) get trained within the factory wherever possible, or, to get himself sponsored  by the occupier for getting trained at a training centre or institute, duly approved  by the Chief Inspector, where training is imparted for workers' health and safety at work,


     (iii) represent to the Inspector directly or through his representative in the matter of inadequate provision for protection of his health or safety in the factory.

 

Section 112. General power to make rules.-

The State Government may make rule providing for any matter which, under any of the provisions of this Act, is to be or may be prescribed or  which may  be considered expedient in order to give effect to the provisions of this Act.

Section 113. Powers of Centre to give directions.-

The Central Government may give directions to State Government as to the carrying into execution of the provisions of this Act.

Section 114. No charge for facilities and conveniences.-

Subject to the provisions of section  46 no fee or charge shall be realized  from any worker in respect of any arrangement or facilities to be provided, or any equipment or appliances to be supplied by the occupier under the provisions of this Act.

Section 115. Publication of rules. -

(1)   All rules made under this Act shall be published in the official Gazette and shall be subject to the condition of previous publication, and the date  to  be specified  under clause (3) of section 23 of the General Clauses Act, 1897 (X of 1897), shall be not less than forty-five days from the date on which the draft of the proposed  rules  was published.

(2)   Every rule made by the State Government under this Act shall be laid, as soon as may be, after it is made, before the State Legislature.

Section 116. Application of Act to Government factories.-

Unless otherwise provided this Act shall apply to factories belonging to Central or any State Government.

 

Section 117. Protection of the persons acting under this Act.-

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Section 118. Restriction on disclosure of information.-

Cl) No Inspector shall, while in service or after leaving the service disclose otherwise than in connection with execution, or for the purposes, of this Act, any information relating to any manufacturing of commercial business or any working process, which may come to his knowledge in the course of his official duties.

 

(2)    Nothing in sub-section (1) shall apply to any  disclosure  of information  made  with the previous consent in writing of the owner of such business or process or for the purposes of any legal proceeding (including arbitration) pursuant to this Act or of any criminal proceeding which may be taken, whether  pursuant to this Act or otherwise or,  for the purposes of any report of such proceedings as aforesaid.


(3)   If any Inspector contravenes the provisions of sub-section (1) he shall be punishable with imprisonment for a term, which may extend to six months or with fine, which may extend to one thousand rupees, or with both.

Section 118A. Restriction on disclosure of information.-

Cl) Every Inspector shall treat as confidential the source of any complaint brought to his notice on the breach of any provision of this Act.

(2) No Inspector shall, while making an inspection under this Act, disclose to the occupier, manager or his representative that the inspection is made in pursuance of the receipt of a complaint:

Provided that nothing in this sub-section shall apply to any case in which the person who has made the complaint has consented to disclose his name.

Section 119. Act to have effect notwithstanding anything contained in Act 37 of 1970.-

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Contract Labour (Regulation and Abolition) Act, 1970 or any other law for the time being in force.

Section 120. Repeal and savings.-

The enactment set out in the Table appended to this section are hereby repealed:

Provided that anything done under the said enactments, which could have been done under this Act, if it had been in force, shall be deemed to  have been done under this  Act.


 

THE  FIRST SCHEDULE

 

[See section 2 (cb)J

List of Industries involving hazardous processes

1.   Ferrous Metallurgical Industries

    -Integrated Iron and Steel

    -Ferrow-alloys

    -Special Steels

2.   Non-ferrous metallurgical Industries

    -Primary Metallurgical Industries, namely, zinc, lead, copper, manganese and aluminium

3.   Foundries (ferrous and non-ferrous)

    -Castings and forgings including cleaning or smoothening/roughening by sand and shot blasting


4.   Coal (including coke) industries

 

     -Coal, Lignite, Coke, etc.

     -Fuel Gases (including Coal Gas, Producer Gas, Water Gas)

 

5.   Power Generating Industries

 

6.   Pulp and paper (including paper products) industries

 

7.   Fertiliser Industries

 

     -Nitrogenous

     -Phosphatic

     -Mixed

 

8.   Cement Industries

 

     -Portland Cement (including slag cement, puzzolona cement and their products)

 

9.   Petroleum Industries

 

     -Oil Refining

     -Lubricating Oils and Greases

 

10.   Petro-chemical Industries

 

11.   Drugs and Pharmaceutical Industries

 

     -Narcotics, Drugs and Pharmaceuticals

 

12.   Fermentation Industries (Distilleries and Breweries)

 

13.   Rubber (Synthetic) Industries

 

14.   Paints and  Pigment Industries

 

15.   Leather Tanning Industries

 

16.   Electro-plating Industries

 

17.   Chemical Industries

 

     -Coke Oven by-products and Coaltar Distillation products

     -Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon, dioxide, hydrogen, sulphur dioxide, nitrous oxide, halogenated hydrocarbon, ozone, etc.)

     -Industrial Carbon

     -Alkalies and Acids

     -Chromates and dichromates

     -Leads and its compounds

     -Electrochemicals (metallic sodium, potassium and magnesium, chlorates, perchlorates and peroxides)

     -Electrothemal produces (artificial abrasive, calcium carbide)

     -Nitrogenous compounds (cyanides, cyanamides and other nitrogenous compounds)


     -Phosphorous and its compounds

     -Halogens and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine)

     -Explosives (including industrial explosives and detonators and fuses)

 

18.   Insecticides, Fungicides, Herbieides and other Pesticides Industries

 

19.   Synthetic Resin and plastics

 

20.   Man made Fibre (Cellulosic and non-cellulosic) Industry

 

21.   Manufacture and repair of electrical accumulators

 

22.   Glass and Ceramics

 

23.   Grinding or glazing of metals

 

24.   Manufacture, handling and processing of asbestos and its products

 

25.   Extraction of oils and facts from vegetable and animal sources

 

26.   Manufacture, handling and use of henzene and substances containing benzene

 

27.   Manufacturing processes and operations involving carbon disulphide

 

28.   Deys and Dyestuff including their intermediates

 

29.   Highlv fiammable liauids and gases


 

THE SECOND SCHEDULE

 

See section 41E

 

Permissible levels of certain chemical substances in work environment

 

 

 

 

Substance

Permissible limits of exposure

Time Weighted average concentration (8 hrs)

 

Short-term exposure limit (15 min)

ppm

mg/m3

ppm

mg/m3

 

 

I

Acetaldehyde

100

180

150

270

I

I

Acetic Acid

10

25

15

37

I

I

Acetone

750

1780

1000

2375

I

I

Acrelein

0.1

0.25

0.3

0.8

I

I

Acrylonitrile-skin

0.2

4.5

 

 

I

I                                                                                                                                                                                                                                         I


 

Aldrin-skin

 

0.25

 

0.75

Allyl Chloride

1

3

2

6

Ammonia

0.25

18

35

27

Aniline-skin

2

10

5

20

Anisidine (o-P, isomers)-skin

0.1

0.5

 

 

Arsenic compounds (as As)

 

0.2

 

 

Benzene

10

20

25

75

Beryllium

 

0.002

 

 

Bornon Trifluoride

0.1

0.3

 

 

Bromine

0.1

0.7

0.3

2

Butane

800

1900

 

 

2-Butanon (Methylethyle Ketone MEK)

200

590

300

885

n-Butyl acetate

150

710

200

950

n-Butyl alcohol-skin

cso

ClS0

 

 

sec/tert. Butyl acetate

200

950

250

1190

Butyl Mercaptan

0.5

1.5

 

 

Cadmium-dust and salts (as Cd)

 

005

 

0.2

Calcium oxide

 

2

 

 

Carbary! (sevin)

 

5

 

10

Carbofuran (Furadan)

 

0.1

 

 

Carbon disulphide-skin

10

30

 

 

Carbon monoxide

50

40

400

440

Carbonate trachloride-skin

ms

30

20

125

Carbonyl Chloride (Phosgene)

0.1

0.4

 

 

Chlorobenzene (monochloro-benzene)

75

350

 

 

Chloridane-skin

 

0.5

 

2

Chlorine

1

3

3

9

 


 

Chloroform

10

50

50

225

bis-Chloromethyl ether

0.0010.005

 

 

 

Chromic acid and chromates (as Cr)

 

0.05

 

 

Chromous Salts (as Cr)--

0

05

 

 

Copper fume

 

0.2

 

 

Cotton dust, raw

 

0.2

 

0.6

Cresol, all isomers-skin

5

22

 

 

Cyanides (as CN)-skin

 

5

 

 

Cyanogen

10

20

 

 

DDT (Dichlorodiphenyltrichloroethane)

 

1

 

3

Demeton-skin

0.01

0.1

0.03

0.3

Diazinon-skin

 

0.1

 

0.3

Dibutyl Pythalate

 

5

 

10

Dichiorvos (DDVP)-skin

0.1

1

0.3

3

Dieldrin-skin

 

0.25

 

0.75

Dinitrobenzene, all isomers - skin

0.15

1

0.5

3

Dinitrotoluene-skin

 

1.5

 

5

Diophenyl

0.2

1.5

0.6

4

Endosulfan (Thiadon)-skin

 

0.1

 

0.4

Endrin-skin

 

0.1

 

0.3

Ethyl acetate

400

1400

 

 

Etnyl alcohol

1000

1900

 

 

Ethylamin

10

18

 

 

Florides (as F)

 

2.5

 

 

Fluorine

1

2

2

4

Formic Acid

5

9

 

 

Hydrazine-skin

0.1

0.1

 

 

 


 

Hydrogen Chloride                                                   cs               Cl

Hydrogen Cyanide-skin                                          Cl0                 Cl0

Hydrogen Fluoride (as F)

3

2.5

6

5

Hydrogen Peroxide

1

1.5

2

3

Hydrogen Sulphide

10

14

15

21

Gasoline 300

900

500

1500

 

Iodine Co.l

Cl

 

 

 

Irod Oxide Fume (Fe2O3)(as Fe)

 

5

 

10

Isoamyl acetate

100

525

125

655

Isoamyl alcohol

100

300

125

450

Isobutyl alcohol

50

150

75

225

Lead, inorg, fumes and dusts (as Pb)

 

0.15

 

0.45

Lindane-skin

 

0.5

 

1.5

Malathion-skin

 

10

 

 

Manganese (as Mn) dust and compounds

 

cos

 

 

Fume

 

1

 

3

Mercury (as Hg)-skin Alkyl compounds

 

0.01

 

0.03

All forms except alkyl vapour                                                         0.05

Aryl and inorganic compounds                                                        0.1

Methyl alcohol (methanol)-skin

200

260

250

310

Methyl cellosolve-skin (2 methoxy ethanol)

5

16

 

 

Methyl Isobutyl Ketone-skin

50

205

75

300

Methyl Isocyanate

0.02

0.05

 

 

Naphthalene

10

50

15

75

Nickel carbonyl (as Ni)

0.05

0.35

 

 

Nitric acid

2

5

4

10

I


 

Nitric oxide

25

30

35

45

Nitrobenzene-skin

1

5

2

10

Nitrogen dioxide

3

6

5

10

Oil mist, minerals

 

5

 

10

Oxone

0.1

0.2

0.3

0.6

Parathion-skin

 

0.1

 

0.3

Phenol-skin

5

19

10

38

Phorate (Thimet)-skin

 

0.05

 

0.2

Phosgne (Carbonyl Chloride

0.1

0.4

 

 

Phosphine

0.3

0.4

1

1

Phosphorus (yellow)

 

0.1

 

0.3

Phosphorus pentachloride

0.1

1

 

 

Phosphorus trichloride

0.2

1.5

0.5

3

Picric acid-skin

 

0.1

 

0.3

Pyridine

5

15

10

30

Silane (silicon tetrahydride)

5

7

 

 

Sodium hydroxide

 

C2

 

 

Syrene, monomer (phenylethylene)

50

215

100

425

Sulphur dioxide

2

5

5

10

Sulphur hexafluoride

1000

6000

1250

7500

Sulphuric acid

 

1

 

 

Toluene (Tuluol)

100

375

150

560

o-Tuluiodine-skin

2

9

 

 

Tributyl phosphate

0.2

2.5

0.4

5

Trichloroethylene

50

270

200

1080

Uranium, natural (as U)

 

0.2

 

 

Vinyl chloride

5

10

 

 

 


 

I

Welding fumes

 

 

5

I

Xylene ( o-, m, P-isomers)

 

100

435

150

655

I

Zironium compounds (as

Zr)

 

5

 

10

 

C denotes ceiling limit.

 

Not more than 4 times a day with a least 60 min. interval between successive exposures.

 

Substance

Permisible time-weighted average concentration (8 hrs)

(i) Silica

10600 / (% Quartz 10) mg/m

     (a) Crystaline

     (b) Quartz

o    1) In terms of dust count

o    (2) In terms of respirable dust

o    (3) In terms of total

10 / (% respirable quartz 2) mg/mt 10 / (% respirable quartz 3) mg/mt

dust

 

I (ii) Cristabalite                                                   Half the limits given against quartz.

I (iii) Tridymine                                                     Half the limits given against quartz.

I  (iv) Silica fused                                                           Same limit as for quartz.

(v)

 

     (a) Tripoli

     (b) Amorphous

Same limit as in formula in item 2 given against quartz.

 

705 mppcm.


 

THE THIRD SCHEDULE

 

(See sections 89  and 90)

 

List of notifiable diseases

1.   Lead poisoning including poisoning by any preparation or compound of lead or their sequelae.

 

2.   Lead tetra-ethyl poisoning.

 

3.   Phosphorus poisoning or its sequelae.


4.   Mercury poisoning or its sequelae.

 

5.   Manganese poisoning or its sequelae.

 

6.   Arsenic poisoning or its sequelae.

 

7.   Poisoning by nitrous fumes.

 

8.   Carbon bisulphide poisoning.

 

9.   Benzene poisoning, including poisoning by any of its homologues, their nitro or amino derivatives or its sequelae.

 

10.   Chrome ulceration or its sequelae.

 

11.   Anthrax.

 

12.   Silicosis.

 

13.   Poisoning by halogens or halogens derivatives of the hydrocarbons, of the alipathic series.

 

14.   Pathological manifestation due to -

 

     (a) redium or other radioactive substances.

     (b) X-rays.

 

15.   Primary epitheliomatous cancer of the skin.

 

16.   Toxic anaemia.

 

17.   Toxic jaudice due to poisonous substances.

 

18.   Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base.

 

19.   Byssionosis.

 

20.   Asbestosis.

 

21.   Occupational or contract dermatitis caused by direct contract with chemical and paints. These are of types, that is, primary irritants and alergic sensitizers.

 

22.   Noise induced hearing loss (exposure to high noise levels).

 

23.   Berryllium poisoning.

 

24.   Carbon monoxide.

 

25.   Coal miners' pnuomoconiosis.

 

26.   Phosgene poisoning.

 

27.   Occupational  cancer.


28.   Isocynates poisoning.

 

29.   Toxic nephritis.