Did you know about the Madhya Pradesh Factories Rules, 1962?
Let us dive deeper into what rules are applicable and the compliance requirements covered for the workers under the Factories rule of Madhya Pradesh:
1) What is a Factory?
2) What is the Madhya Pradesh factories Rule?
3) Which are the objectives covered under the Madhya Pradesh factories Rule?
4) What are rules and what do they cover under the Madhya Pradesh factories Rule?
5) What is the purpose and significance of the Madhya Pradesh factories Rule?
6) What is the Form 7 record?
What is a Factory?
The factory is an establishment or premises including the precincts thereof, used or intended to manufacture, process, repair, or finish an article. Every employer shall provide and maintain in force a sufficient number of safety devices and measures for protection from fire, accidents, and injuries to persons employed in such a factory.
The definition has been modified to include any premises maintained by an employer to carry out any process or manufacture any goods for sale either by himself or through others whether such premises are used for such purpose at different times or simultaneously.
What is the Madhya Pradesh factories Rule?
The Madhya Pradesh Factories Rules, 1962, help ensure worker safety, regulate the hours of work, and provide for welfare measures. The Code is divided into two parts: General Provisions and Apprenticeship.
The first part deals with definitions of terms used in the Code, regulation of working hours, minimum wages and overtime allowance, health and safety measures, safeguarding against accidents and injuries, fire precautions, provision of canteen facilities and canteens with seating accommodation facility for not less than 10 per cent of the total number of workers in factories containing 50 or more workers.
The second part deals with an apprenticeship in factories. The general regulation concerning apprenticeship is that all indentures must be registered by the Deputy Labour Commissioner within whose factory's jurisdiction lies. Apprentices must be between 12 and 16 years of age to be eligible for training as an apprentice.
Which are the objectives covered under the Madhya Pradesh factories Rule?
The Factories Act, 1948 (Central Act 83 of 1948) was enacted to consolidate and amend the law relating to workers' safety, health, and welfare in factories. The act extends to the whole of Madhya Pradesh.
It was first published in the year 1962 by the Government of Madhya Pradesh in the Gazette of India. It is a set of regulations that every factory must follow to ensure the safety and well-being of their workers and maintain a healthy work environment.
Since its inception, the scope and application of the said set of rules have been widened by way of a large number of amendments and additions to that. The current set of rules is thus a product of a long process of evolution and has a great deal in them borrowed from various other legislations/rules/orders passed by multiple Central and State governments.
The Madhya Pradesh Factories Act, 1958 aims to provide for the safety, health and welfare of persons employed in any factory (from now on referred to as employees) and to prescribe measures to ensure that the working conditions in factories are safe and healthy.
The other objective of this act is to ensure that any structure or machinery put up or installed in a factory will not interfere with employees' safety, health, and welfare. It is also an object of this act to regulate the conditions under which any factory must be kept clean and tidy.
What are rules, and what do they cover under the Madhya Pradesh Factories Rule?
The rules are very comprehensive and cover primary, secondary, and tertiary safety aspects in factories. The regulations contain provisions for organizing factory safety committees, keeping various registers, the appointment of safety officers and inspectors, inspection of factories, and other matters connected with the safety of workers.
They also contain provisions regarding safety measures regarding machinery, processes and operations, constructional features in factories, fire protection measures, first aid to injured persons at the workplace, welfare facilities to workers and so on.
The rules also prescribe the powers and duties of the Chief Inspector of Factories with regard to accident reporting and investigation, prosecution etc. They provide that the owner or occupier shall ensure that the health and safety requirements prescribed under these rules are complied with by the contractor or sub-contractor if engaged by him for carrying out any work in the factory relating to the commissioning, or maintenance of plant or machinery.
The rules also provide general regulations that may be necessary from time to time.
What is the purpose and significance of the Madhya Pradesh Factories Rule?
Section 3 of the MPFR enumerates the objects and reasons for the act, which are:
The general welfare of workers employed in factories ensures their health, safety and working conditions.
- To provide for matters connected with the enforcement of the act
- To provide for matters connected with the establishment of Central Advisory Councils, State Advisory Councils, District Advisory Councils and Local Advisory council under this act
These rules shall apply to every factory defined in rule 2, which carry on any process specified in the schedule and employ more than eight persons.
The owner of a factory shall appoint a duly qualified person as Chief Inspector of Factories who shall be under the direct control of the State Government.
The Chief Inspector shall inspect all categories of factories at least once in three months. The inspection of small factories may be carried out by an inspector who has been specially appointed for this purpose.
What is the Form 7 record?
The State Government may, by notification in the Official Gazette, make rules consistent with this act to provide for all matters relating to safety, health and welfare of workers employed in any factory, including the establishment and maintenance of medical facilities at or near the factory.
They also lay down detailed specifications for each type of machinery used in a factory, including its safety measures. These rules also provide details about electrical equipment used in factories, including their maintenance standards and fire-fighting measures that need to be followed by all establishments.
Form 7 is covered by Rule 21 of the Madhya Pradesh Factories Rule, 1962. It involves a record of the whitewashing and painting of the factories. Every field of the record is significant to the maintenance of the factory environment and is regulated by the rules implemented by the Madhya Pradesh Factories Rule.
There are 7 major fields in the record form, which are as follows:
1) Location and characteristic details like the name of the room within the factory
2) Details of the plans like ceilings, walls, floors etc., undergoing different treatments like painting, application of varnish, etc.
3) Type or Nature of Treatment method where the medium used can vary from paints, varnishes, oils, etc.
4) Details about the Date and Time of the process being taken up for the factory, such as the day, month and year, respectively
5) Important points and remarks to cite and understand whether the factory maintenance standards can aid in the improvement
Below is the table of the Madhya Pradesh Form 7 record of whitewashing, painting, etc.
The publication of the Rules is a significant step towards ensuring a safe, healthy and humane working environment for all workers in the State. We call upon all the workers, employers and policymakers to work together in translating this vision into reality.
- The Government have been carrying out inspections under The Factories Act, 1948 to ensure that all the provisions of The Factories Act, 1948 are complied with by all the factories in the State
- In order to improve inspection work further and give more teeth to inspection activities, it was decided that a separate set of rules should be framed for each industry so that their particular requirements can be met better
- The rules were framed according to the provisions of the Factories Act, 1948 (Act 60 of 1948) (in the future referred to as the "Act"), read with section 41 thereof
- The Rules are applicable to all factories except those specified in Section II of Schedule 'A' appended to the act and those which are owned wholly or principally by a State Government
- The Chief Inspector of Factories appointed by the Government shall be responsible for enforcing these rules in factories. For this purpose, he can enter any factory at any reasonable time and make such inquiries as he deems fit regarding compliance with these rules and order such rectification or measures as may be necessary to ensure compliance with these rules
- He can also call for such information from workers, suppliers or employers as he deems fit for the purposes specified above