The Factories Act is an act of social legislation established to ensure the safety, health, and welfare of workers at work. The Karnataka Factories Rules, 1969, are the rules that the state of Karnataka has formulated in accordance with the Act.
In this guide, we’ll learn about Karnataka Factories Rules, 1969 and the major aspect that we need to understand is muster roll-cum-wages register and its form. Let’s take a look on what we’ll cover ahead:
Chapter VI Working Hours for Adults
Chapter VII Employment of Young Persons
Chapter I Preliminary
1. Title, extent, and commencement
(1) These Rules may be called the Karnataka Factories Rules, 1969.
(2) They shall extend to the whole of the State of Karnataka.
(3) They shall come into force at once.
2. Definitions
In these Rules, unless the context otherwise requires:—
(a) "Act" means the Factories Act, 1948;
(b) "Artificial Humidification" means the introduction of moisture into the air of a room by any artificial means whatsoever except the unavoidable escapes of steam or water vapour into the atmosphere directly due to a manufacturing process:
Provided that the introduction of air directly from outside through moistened mats or screens placed in openings at times when the temperature of the room is 80 degrees or more, shall not be deemed to be artificial humidification;
(c) "Belt" includes any driving strap or rope;
(d) "Degrees" (of temperature) means degrees on the centigrade scale;
(e) "District Magistrate" includes such other officials as may be appointed by Government in that behalf;
(f) "Form" means a form appended to these rules;
(g) "Fume" includes gas or vapour;
(h) "Health Officer" means the Municipal Health Officer or District Health Officer or such other official as may be appointed by the State Government on that behalf;
(i) "Hygrometer" means an accurate wet and dry bulb hygrometer conforming to the prescribed conditions as regards construction and maintenance and;
(k) "Maintained" means maintained in an efficient state in efficient working order and in good repair;
(1) "Manager" means the person responsible to the occupier for the working of the Factory for the purposes of the Act;
(m) "Public Health Authority" means the local Health Officer having jurisdiction over the area and includes the Director of Health Services;
(n) "Section" means a section of the Act.
[3. Approval of site, construction or extension of a factory
(1) No site shall be used for the location of a factory nor shall any building be constructed, reconstructed, or extended or taken into use as a factory or part of a factory, nor shall any manufacturing process be carried on in any building constructed, reconstructed or extended without the previous permission in writing of the Chief Inspector. The previous permission, in writing, of the Chief Inspector shall also be obtained for the installation of additional machinery or for the installation of prime movers exceeding the horse power already installed in the factory.
(2) Application for permission under sub-rule (1) shall be made in Form No. 1 (in triplicate) along with a fee of 2 [rupees two hundred and fifty for factories employing upto 500 workers and rupees five hundred for factories employing above five hundred workers] and shall be accompanied by the following documents, namely.—
(a) A flow chart of the manufacturing process supplemented by a detailed description of the process in its various stages, (including the chemicals used, if any, in the various stages of the process and the steps proposed to be taken for effective removal of dust, fumes, gases and regarding the proper and effective disposal of trade wastes and effluents);
(b) Plans in triplicate drawn to scale showing,—
(i) the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains and the like;
(ii) the plan, elevation and necessary cross-sections of the various buildings, indicating all relevant details relating to natural lighting, ventilation, and means of escape in case of fire; and
(iii) The position of the plant and machinery, aisles and passageways;
(c) A certificate from the Karnataka State Pollution Control Board, to the effect that arrangements are made for the disposal of industrial liquid wastes, effluents and air pollutants in the case of 3 [factories engaged in hazardous processes] and that the steps taken for proper disposal of waste and effluents are effective.
4 [Provided that in respect of industrial undertakings whose projects are approved either by State High Level Clearance Committee or State Level single Window Clearance Committee or District Level Single Window Clearance Committee, application for permission under sub-rule (1) shall be in the Combined Application Form along with the fee and documents specified in this rule.]
(3) The Chief Inspector may call for such other particulars as he may require.
(4) After examination of the documents referred to in sub-rule (2) and particulars called for, if any, under sub-rule (3), 5 [and ensuring the compliance of Building Bye-Laws of the Karnataka Industrial Area Development Board or any Local Authority, as the case may be] the Chief Inspector may accord the permission applied for, subject to such conditions as he may consider necessary.
(5) The fact that the permission applied for is accorded shall be noted on the plans and specifications and shall be signed by the Chief Inspector. One copy of the said plans and specifications shall be returned to the applicant.
(6) (a) A factory or a part of a factory constructed, reconstructed, extended or taken into use as a factory, shall be in accordance with the plans approved by the Chief Inspector, and shall satisfy the conditions subject to which the plans have been approved. (b) No machine or prime mover or a permanent fixture, not shown in the plans approved by the Chief Inspector, shall be installed, fixed or used in any factory except in replacement of any machine, prime mover or permanent fixture not occupying more floor area than that already shown in the approved plans.
(7) The plans and layouts of factory building shall be prepared by a person possessing a degree or a diploma in Civil Engineering or an equivalent qualification.
(8) After the date of commencement of the Karnataka Factories (Amendment) Rules, 1993, no manufacturing process shall be carried on in any factory constructed, extended or taken into use as a factory or part of a factory unless a certificate of stability in Form No. 1-A in respect of the building is issued by a person possessing a degree in Structural or Civil Engineering.
3-A. Recognising a Competent Person
(1) Every person or institution who is desirous of getting recognised as a competent person shall make an application in Form No. 1-B or 1-C as may be appropriate to the Chief Inspector who shall register such application and shall, within a period of 60 days from the date of receipt of such application, either recognise the applicant as a competent person and issue certificate in Form No. 1-D, 2 [for a period of 12 months] or reject the application specifying the reasons therefore.
3 [(2) Every application for recognition or renewal as a competent person in Form No. 1-B or 1-C as the case may be shall be accompanied by a treasury challan for having credited fees as specified in the table below:
Table C
(3) A certificate issued under Rule 3-A(l) shall be renewed for a period of 12 months on payment of a renewal fee as specified at column (5) of the Table C]
4 [(4)] The Chief Inspector may, after giving an opportunity to the competent person of being heard, revoke the certificate of competency if he has reason to believe that a competent person,—
(a) has violated any condition stipulated in the certificate of competency; or
(b) has carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the purpose of this Act or the Rules made there under;
(c) has omitted to act as required by or under the Act. ] 5 [The Chief Inspector may call for such other particulars as he may require.]
1 [4. Application for registration and grant of licence
(1) The occupier of every factory shall submit, to the Chief Inspector, an application in Form No. 2 (in triplicate), for registration of factory and for grant of licence.
(2) No premises shall be used as a factory nor any manufacturing process be carried on in any factory except and in accordance with, the registration and licence granted under these rules.
(3) The plans approved by the Chief Inspector under Rule 3, and the licence granted by him under Rule 5 shall be readily available in the factory for inspection of the Inspector.
[5. Grant of licence
(1) A licence for a factory may be granted by the Chief Inspector in Form No. 3, on payment of fees specified in the Tables A and B annexed to this rule.
(2) A licence may be granted or renewed, under this chapter, for such period not exceeding three years at a time, as may be specified at the time of such grant or renewal.
(3) In case of factories working for part of a year and commencing work on or after First day of July, the fees to be charged for the first time shall be half of that specified in Tables A and B subject to a minimum of rupees forty-five.
(4) Where the Chief Inspector refuses to grant or renew a licence, he shall record, in writing, the reasons for such refusal and communicate the same to the occupier.
(5) If, on an application for registration and grant of licence, sent to the Chief Inspector by registered post, no order is communicated to the applicant within three months from the date on which it is so sent, the registration and grant of licence applied for in the said application shall be deemed to have been granted.
6. Amendment of Licence
(1) A licence granted under rule 5 may be amended by the Chief Inspector.
(2) (a) A licensee shall be required to have his licence amended if there is change in the name of the Factory, or if the Factory for which the licence is granted exceeds 1 [increase or decrease the limits] the limits specified in the licence in regard to horse-power or the number of persons employed. The licensee whose licence is required to be amended shall submit it to the Chief Inspector with an application stating the nature of the amendment sought and reasons therefore.
(b) An application for amendment shall be made at least fifteen days prior to the date on which the licensee desires to increase the amount of horse-power or the number of employees specified in the licence.
(3) The fee for the amendment of licence shall be 2 [rupees one hundred] per change plus the amount (if any) by which the fee that would have been payable if the licence had originally been issued in the amended form exceeds the fee originally paid for the licence.
7. Renewal of Licence
(1) A licence may be renewed by the Chief Inspector; or by an Inspector authorised by the Chief Inspector:
(2) Every applicant for renewal shall be in Form 2 in triplicate and shall be made not less than two months before the date on which the licence expires.
(3) The same fees shall be charged for the renewal of licence as for the grant thereof:
Provided that, if the application is not received within the time specified in sub-rule (2) the licence shall be renewed only on payment of a fee 25 per cent in excess of the ordinarily fee payable for the licence per year.
(4) Where the application for renewal is made the premises shall be held to be duly licensed until such date as the Chief Inspector renews the licence.
(5) Licensee may surrender his licence temporarily due to closure during the ensuing year not less than two months on which the licence expires, for claiming exemption from renewal of licence.
[7-A. Revocation of licence:- The Chief Inspector or the Deputy Chief Inspector may, at any time before the expiry of the period for which the licence has been granted or renewed, revoke the licence on any of the grounds:
Provided before revoking any licence, the licensee shall be given an opportunity to show cause, as to why the licence should not be revoked.]
9. Procedure on death or disability of licensee:-
If a licensee dies or becomes an insolvent, the person carrying on the business of such licensee shall not be liable to any penalty under the Act for exercising the powers granted to the licensee by the licence during such time as may reasonably be required to allow him to make an application for the amendment of the licence under rule 6 for the unexpired portion of the original licence.
10. Loss of Licence:-
Where a licence granted under these rules is lost or accidentally destroyed, a duplicate may be granted on payment of a fee of 1 [rupees two hundred and fifty].
11. Payment of Fees:-
(1) Every application under these rules shall be accompanied by a Treasury Receipt snowing that the appropriate fee has been paid into the local treasury under the head of account 1 [0230 Labour and Employment, 104 fees realised under the Factories Act, 1948.]
(2) Where an application for the grant, renewal, transfer or amendment of a licence is rejected, the fee paid for duration shall be refunded.
(3) It shall be the obligation of the occupier of the factory premises or the licensee, as the case may be, to submit to the Chief Inspector an application for registration and grant of licence or renewal, transfer or amendment of the licence as may be necessary within the time specified in the foregoing rules:
2 [Provided that the appropriate fee may alternatively be paid by a crossed cheque or a bank draft on any nationalised Bank or by a Postal Order drawn in favour of the Chief Inspector of Factories and Boilers.]
12. Notice of occupation and change of Manager:-
(1) The notice of occupation shall be in Form 2.
(2) The notice of Occupation shall be submitted in duplicate to the Chief Inspector and a copy thereof to the Inspector concerned.
(3) The Notice of Change of Manager shall be in Form 1 [3-A.]
Chapter II Inspecting Staff
13. Appointment of Inspectors:-
No person shall be appointed as Inspector for the purposes of the Act, unless he possesses the qualifications prescribed for such Inspectors, in the Factories and Boilers Branch of the Karnataka Labour Service Recruitment Rules of the time being in force.
14. Powers of Inspectors:-
(1) An Inspector shall, in the administration of the Act, nave power to do all or any of the following things, namely:—
(a) to photograph any worker, to inspect, examine, endorse, measure, copy, photograph, sketch or test, as the case may be, any building or room, the plant, machinery, appliance or apparatus, any registers or document or anything provided for the purpose of securing the health, safety or welfare of the workers employed in a factory and require or investigate the cause of any accidents or disease specified in the Schedule;
(b) in the case of an Inspector who is a duly qualified Medical Practitioner, to carry out such medical examinations as may be necessary for the purposes of his duties under the Act;
(c) to prosecute, conduct or defend before a court, any complaint or other proceeding arising under the Act or in discharge of his duties as an Inspector.
(2) The Inspectors shall keep a file of the records of Inspections, visits, enquiries and orders as may be ordered by the Chief Inspector.
(4) Every order passed under the Act and these rules shall be served on the manager of the factory—
(a) by delivering a copy of it to him personally or at his office, or (b) by Registered post with acknowledgement due.
15. Duties of Certifying Surgeons
(1) For the purposes of the examination and certification of young persons who wish to obtain certificates of fitness, the Certifying Surgeon shall arrange a suitable time and place for the attendance of such persons, and shall give previous notice in writing of such arrangements to the managers of factories situated within the local limits assigned to him.
(2) The Certifying Surgeon shall issue his certificates in Form 4. The foil and counterfoil shall be filled in and the left hand thumb mark of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and of fitness of the person examined, he shall sign the foil and initial the counterfoil and shall deliver the foil to the person in whose name the certificate of fitness was granted under section 69. All counterfoils shall be kept by the Certifying Surgeon for a period of at least two years after the issue of the Certificate.
(3) A fee of Rupee one shall be payable for the issue of every certificate of fitness issued under sub-rule (2) and shall be paid by the occupier.
(4) A certifying Surgeon revoking a certificate under sub-section (4) of section 69 shall write the word "Revoked" in red ink on the foil and counterfoil.
(5) Any authority granted by a certifying Surgeon under sub-section (2) of section 10 to a qualified Medical Practitioner (hereinafter referred to as Examining Surgeon) to exercise the powers of the Certifying Surgeon under the Act shall be made in writing and shall state the factories or area to which the jurisdiction of the Examining Surgeon is limited, and any cancellation of such authority shall be made by the Certifying surgeon in writing.
(6) An Examining Surgeon shall grant or reject certificates in the manner provided in subrule (2). The word 'Provisional' shall be printed or stamped in red ink at the top of each foil or counterfoil.
(7) (a) A person who loses a certificate of fitness which has been granted to him may apply to the Surgeon who granted it for a copy of the certificate and the said Surgeon after making such enquiry from such persons (or, if such person is unemployed from his last employer) and from such other sources as he deems fit, may grant a duplicate of the lost certificate. The word "Duplicate" shall be clearly written in red ink across such duplicate certificate and initialed by the said Surgeon. The counterfoil in the bound book of forms shall be similarly marked "Duplicate" and initialed.
(b) For every copy of a duplicate certificate granted under clause (a) a fee of fifty paise shall be charged which shall be paid by the occupier which shall be credited to the Certifying Surgeon or Examining Surgeon.
(c) No duplicate of a certificate shall be granted to any person otherwise than in accordance with the provisions of this sub-rule.
(8) (a) The certifying Surgeon shall visit every factory within the local limit for which he is appointed, in which adolescents or children are known to be employed, at least once in three months and shall give previous notice to the Manager of the Factory concerned of his visit. At each of these visits, the Manager shall produce before him, at such time as the Certifying Surgeon may fix, all adolescents and children employed in the Factory, whether actually at work or not, who are in possession of provisional certificates of fitness.
(b) The Certifying Surgeon shall personally examine every adolescent and child who is in possession of "Provisional Certificate" granted under sub-rule (6) and shall if satisfied that a certificate of fitness should be granted, destroy the provisional certificate and issue certificate of fitness in place of it.
(c) If on such examination, the Certifying Surgeon is of opinion that a person in possession of Child's Provisional Certificate of fitness is under the age of 14 years or is not fit for employment as a child in a factory, or that a person in possession of an adult's "Provisional Certificate" of fitness is less than 15 years of age or is unfit to work as an adult he shall impound the certificate, write on to the word, "cancelled" and sign the same and shall forward the certificate with such remarks, if any, as he may offer to the Inspector of Factories for information and inform the Examining Surgeon who granted such provisional certificate.
(9) If the Certifying Surgeon refuses to grant any person a certificate of fitness, or if he cancels a provisional certificate of fitness, no fresh application for a certificate for such person shall be entertained until after the lapse of three months from the date of such refusal, unless the Certifying Surgeon otherwise gives permission in writing at the time of refusing to grant the certificate or at the time of cancelling the "Provisional Certificate":
Provided that this sub-rule shall not prevent the immediate granting of a certificate of fitness as a child to a person whose certificate of fitness as an adult has been revoked under clause (b) of sub-rule (8) if, in the opinion of the Certifying Surgeon, such person is of age and fit to work in a factory as a child.
(10) The Certifying Surgeon or the Examining Surgeon, as the case may be at his periodical visits shall satisfy himself as to the fitness of all the adolescents and children employed in the factory and shall revoke the certificate of fitness of any one whom he deems to be unfit.
(11) The Certifying Surgeon and the Examining Surgeon shall hand over to the Manager a note in Form 27 detailing the result of each visit to the factory, who shall forward it to the Chief Inspector.
(12) The Certifying Surgeon shall, on the request of the Chief Inspector, carry out such examination and furnish him with such reports as he may indicate, for any factory or class or description of factories, where—
(a) Cases of illness have occurred which, it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions of work prevailing therein; or
(b) By reason of any change in the manufacturing process carried on or in the substance used therein or by reason of the adoption of any new manufacturing process or of any new substance for use in the manufacturing process, there is a likelihood of injury to the health of the workers employed in that manufacturing process; or
(c) Young persons who are about to be employed in any work which is likely to cause injury to their health.
(13) For the purpose of the examination of persons employed in processes covered by these Rules relating to dangerous operations, the Certifying Surgeon shall visit the factories within the local limits assigned to him at such intervals as are prescribed by the Rules relating to such dangerous operations.
(14) At such visits the Certifying Surgeon shall examine the persons employed in such processes and shall record the results of each examination in a Register known as the Health Register in Form 26, which shall be kept by the manager and produced to the Certifying Surgeon at each visit.
(15) If the Certifying Surgeon finds as a result of his examination that any person employed in such process is no longer fit for medical reasons to work in that process, he shall suspend that person from working in that process for such time as he may think fit and no person after suspension shall be employed in that process without the written sanction of the Certifying Surgeon in the Health Register.
(16) For every examination of a worker employed on a dangerous operation under these rules, the occupier shall pay a fee of fifty paise per worker, per examination, to the Certifying Surgeon or Examining Surgeon.
(17) The Certifying Surgeon on his own motion or upon due demand by an Inspector under the Act, may examine any child or adolescent and issue a declaration as to his age.
(18) The manager of a factory shall afford to the Certifying Surgeon facilities to inspect any process in which any person is employed or is likely to be employed.
(19) The Manager of a factory shall provide for the purpose of any medical examination which the Certifying Surgeon wishes to conduct at the factory (for the exclusive use on the occasion of an examination) a room which shall be properly cleaned and adequately ventilated and lighted and furnished with a screen, a table (with writing materials) and chairs.
(20) The Certifying Surgeon or the Examining Surgeon as the case may be shall maintain a register of all fees received by him for issue of certificates or for conducting medical examination in Form No. 26, with initials against each entry; and shall remit the amount of fees collected to a Government Treasury under the Head of Account "087 Labour and Employment (4) Fees realised under the Factories Act, 1948" as may be directed.
Chapter III Health
16. Cleanliness of walls and ceilings (1) Clause (d) of sub-section (1) of Section 11 of the Act shall not apply to the class or description of factories or parts of factories specified in the Table below:
Provided that such factories or classes of factories are kept in a clean state by washing/ sweeping, brushing, dusting, vacuum-cleaning or other effective means: Provided further that the said clause (d) shall continue to apply—
(i) as respects factories or parts of factories in Part A of the Table, to work-rooms in which the amount of cubic space allowed for every person employed in the room is less than 43 cubic metres; (ii) as respects factories or parts of factories specified in Part B of the Table to work rooms in which the amount of cubic space allowed for every person employed in the rooms is less than 70 cubic metres;
(iii) to engine houses, fitting shops, lunch rooms, canteens, shelters, creches, cloak rooms, rest rooms and wash places; and (iv) to such parts of walls, sides and tops of passages and staircases as are less than 3 metres above the floor or stair.
(2) If it appears to the Chief Inspector that any part of a factory to which, by virtue of subrule (1), any of the provisions of the said clause (d) do not apply or apply as varied by sub-rule (1), is not being kept in a clean state, he may, by written notice, require the occupier to whitewash or colourwash, wash, paint or varnish the same, and in the event of the occupier failing to comply with such requisition within two months from the date of the notice, sub-rule (1) shall cease to apply to such part of a factory, unless the Chief Inspector otherwise determines.
Table
Part A—
(1) Blast furnaces.
(2) Brick and tile works in which unglazed bricks or tiles are made.
(3) Cement works.
(4) Chemical works.
(5) Copper mills.
(6) Gas Works.
(7) Iron and Steel Mills.
(8) Stone, Slate and Marble Works.
The following parts of Factories:—
- Rooms used only for the storage of parts.
- Rooms in which the walls or ceilings consists of galvanised iron, glazed bricks, glass, slate, asbestos, bamboo, thatch.
- Parts in which dense steam is continuously evolved in the process.
- Parts in which pitch, tar or like material is manufactured or used to a substantial extent, except in brush works, the parts of a glass factory known as the "Glass house", rooms in which graphite is manufactured or is used to a substantial extent in any process.
- Parts in which coal, coke, oxide of iron, ochre, limestone is crushed or ground.
- Parts of walls, partitions, ceilings, or tops of rooms which are at least 6 metres above the floor.
- Ceilings or tops of rooms in print works, bleach works or dye works with the exception of finishing rooms or warehouses.
- Inside walls of oil mills, below a height of 1.5 metres from the ground floor level.
Part B—
(1) Coach and motor body works.
(2) Electric generating or transforming stations.
(3) Engineering works.
(4) Factories in which sugar is refined or manufactured.
(5) Foundries other than foundries in which brass casting is carried on.
(6) Those parts of factories where unpainted or unvarnished wood is manufactured.
(7) Gun factories and ship building works.
17. Record of whitewashing, etc:- The record of dates on which whitewashing, varnishing, etc., are carried out, shall be entered in a Register maintained in Form 6.
1 [18. Disposal of trade wastes and effluents:- The arrangements made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, shall be in accordance with the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and the rules made there under.]
19. General Ventilation
(1) In every room in a factory in which workers are ordinarily employed and which is not ventilated by Mechanical means, there shall be sufficient openings in the walls or roof, for the admission or egress of air, to maintain the atmosphere in the room in a fresh and reasonably cool condition.
(2) If in any part of a factory, the Inspector having due regard to weather conditions, then prevailing, considers the atmosphere to be unduly vitiated or stagnant and that this is due to insufficient openings, he shall by written order require the Manager to increase the openings in the walls or in the roof to such an extent as he deems reasonable in the circumstances.
20. Measures required for cooling:-
If, in any room of a factory, the cooling properties of the air appear to the Chief Inspector to be at times insufficient to secure workers against injury to health or serious discomfort, and he considers that they can be to a great extent increased at a reasonable cost, he may, by written order, require the Manager to carry out any or all of the following measures before a specified date.—
(a) Electric or other fans to be used to produce adequate movement of air over the workers. The Chief Inspector may require such movement to be such that the rate of cooling by evaporation at the height of 1.5 metres from the floor level, as found by the use of a Kata thermometer, is two and half times what it would be if the air were not moved by such fans.
(b) The height of the room from floor to roof or ceiling to be increased to a height of 5.5 metres or such less height as the Chief Inspector deems reasonable in the circumstances.
(c) A layer of tiles, wood or other substance which is a bad conductor of heat to be added to the roof or substituted for other materials. (d) Sun shades of specified size to be placed before or fitted to such openings as admit direct sunlight upon the workers. 21. Ventilation in new Factories or Rooms (1) If no mechanical means of general ventilation is employed, the ventilating openings in every room where workers are ordinarily employed shall not be less than 15 per cent of floor area.
(2) If the ventilation is by mechanical power, the fans or other means employed shall be of such capacity as to pass through the rooms ten times in every hour a volume of air equal to the cubic capacity of the room.
(3) Where no other room is superimposed, the roof or ceiling shall be adequately high above the floor to reduce heat due to radiation or in the alternative shall have a false ceiling below the roof of suitable insulating material and with an air gap permitting egress either at the eves or at the apex of sloping roof:
Provided that where the Chief Inspector is satisfied that the Rule may be relaxed with due regard to the health of the workers employed, he may, by an order in writing exempt the factory or a specified part thereof from the provisions of this rule to such extent and on such conditions as he considers suitable in the circumstances.
22. When artificial humidification not allowed:-
There shall be no artificial humidification in any room of a cotton spinning or weaving factory—
(a) By the use of steam during any period when the dry bulb temperature of that room exceeds 29.4 degree centigrade:
(b) At any time when the wet bulb reading of the hygrometer is higher than that specified in the Table below in relation to the dry bulb reading of the hygrometer at that time; or as regards a dry bulb reading, intermediate between any two dry bulb readings indicated consecutively in the Schedule when the dry bulb reading does not exceed the wet bulb reading to the extent indicated in relating to the lower of these two dry bulb readings:
Provided however that clause (b) shall not apply when the difference between the wet bulb temperature indicated by the hygrometer in the department concerned and the wet bulb temperature taken with a hygrometer outside in the shade is less than 15.8 degree centigrade.
23. Provision of hygrometer:-
In all departments of cotton, spinning and weaving mills wherein artificial humidification is adopted, hygrometers shall be provided and maintained in such positions as are approved by the inspector. The number of hygrometers shall be regulated according to the following scale:—
(a) Weaving Department:- One hygrometer in departments with less than 500 looms, and one additional hygrometer for every 500 or part of 500 looms in excess of 500.
(b) Other Department:- One hygrometer for each room of less than 8,490 cubic meters capacity and one extra hygrometer for each 5,660 cubic metres or part thereof in excess of this.
(c) One additional hygrometer shall be provided and maintained outside each Cotton Spinning and Weaving Factory wherein artificial humidification is adopted and in a position approved by the Inspector, for taking hygrometer shade readings.
24. Exemption from maintenance of hygrometers:-
When the Inspector is satisfied that the limits of humidity allowed by the table in rule 22 are never exceeded he may, for any department other than the Weaving Department, grant exemption from the maintenance of the hygrometer.
25. Copy of table in rule 22 to be affixed near every hygrometer:-
A legible copy of the table in rule 22 shall be affixed near each hygrometer.
26. Temperature to be recorded at each hygrometer:—
In every hygrometer maintained in accordance with rule 23, correct wet and dry bulb temperature shall be recorded thrice daily during each working day by competent persons nominated by the Manager and approved by the Inspector. Such temperature shall be taken between 7 a.m. and 9 a.m, between 11 a.m. and 2 p.m. (but not in the rest interval) and between 4 p.m. and 5.30 p.m. Such additional readings and between such hours as the Inspector may specify shall also be taken. All temperatures taken shall be entered in a Humidity Register in Form 5. The persons who have actually taken the readings shall sign the register and certify the correctness of the entries therein at the end of each month. The register shall always be available for inspection by the Inspector.
27. Specifications of Hygrometer
(1) Each hygrometer shall comprise of two mercurial thermometers of wet bulb and dry bulb of similar construction and equal in dimensions, scale and divisions of scales. They shall be mounted on a frame with a suitable reservoir containing water.
(2) The wet bulb shall be closely covered with a single layer of muslin, kept wet by means of a wick attached to it and dropping into the water in the reservoir. The muslin covering and wick shall be suitable for the purpose, clean and free from size or grease.
(3) No part of the wet bulb shall be within 7.6 centimeters from the dry bulb or less than 2.5 centimeters from the surface of the water in the reservoir and the water reservoir shall be below it, on the side of it away from the dry bulb.
(4) The bulb shall be spherical and of suitable dimensions and shall be freely exposed on all sides to the air in the room.
(5) The bores of the stems shall be such that the position of the top of the mercury column shall be readily distinguishable at a distance of 61 centimetres.
(6) Each thermometer shall be graduated so that accurate readings may be taken between 10 and 50 degrees centigrade.
(7) Every degree from 10 to 50 degrees shall be clearly marked by horizontal lines on the stem, each fifth and tenth degree shall be marked by longer marks than the intermediate degrees and the temperature marked opposite each tenth degree, i.e.,10, 20, 30, 40, 50, 60, 70, 80.
(8) The markings as above shall be accurate, that is to say, at no temperature between 10 and 8 degrees centigrade shall indicated readings be in error by more than two tenths of a degree.
(9) A distinctive number shall be indelibly marked upon the thermometer. (10) The accuracy of each thermometer shall be certified by the National Physical Laboratory, or some competent authority appointed by the Chief Inspector and such certificate shall be attached to Humidity Register.
28. Thermometers to be maintained in efficient order:-
Each thermometer shall be maintained at all times during the period of employment in efficient working order, so as to give accurate indications and in particular—
(a) The wick and muslin covering of the wet bulb shall be renewed once a week;
(b) the reservoir shall be filled with water which shall be completely renewed once a day. The Chief Inspector may direct the use of distilled water or pure rain water in any particular mill or mills in certain localities.
(c) no water shall be applied directly to the wick or covering during the period of employment.
29. An inaccurate thermometer not to be used without fresh Certificate:-
If an Inspector gives notice in writing that a thermometer is not accurate, it shall not, after one month from the date of such notice, be deemed to be accurate unless and until it has been reexamined as prescribed and a fresh certificate obtained which certificate shall be kept attached to the Humidity Register.
30. Hygrometer not to be affixed to wall, etc., unless protected by wood
(1) No hygrometer shall be affixed to a wall, pillar or other surface unless protected there from by wood or other non-conducting material at least 1.3 centimetre in thickness and distant at least 2.5 centimetres from the bulb of each thermometer.
(2) No hygrometer shall be fixed at a height more than 1.7 metres from the floor to the top of the thermometer stem or in the direct draughts from a fan, window or ventilating opening.
31. No reading to be taken within fifteen minutes of renewal of water:-
No reading shall be taken for record on any hygrometer within fifteen minutes of renewal of water in the reservoir.
32. Introducing steam for humidification:-
In any room in which steam pipes are used for the introduction of steam for the purpose of artificial humidification of the air, the following provisions shall apply:—
(a) the diameter of such pipes shall not exceed 5 centimetres and in the case of pipes installed after the date of commencement of these rules, the diameter shall not exceed 2.5 centimetres:
(b) such pipes shall be as short as is reasonably practicable;
(c) all hangers supporting such pipes shall be separated from the bare pipes by an efficient insulator not less than 1.3 centimetres in thickness;
(d) no uncovered jet from such pipes shall project more than 11 centimetres beyond the outer surface of any cover;
(e) the steam pressure shall be as low as practicable and shall not exceed 4.9 k.G. per sq. cm.;
(f) the pipe employed for the introduction of steam into the air in a department shall be effectively covered with such non-conducting material, as may be approved by the Inspector in order to minimize the amount of heat radiated by them into the department.
34. Lighting of interior parts
(1) The general illumination over such interior parts of a factory where persons are regularly employed shall be not less than 3 footcandles measured in the horizontal plane at level of 1 meter above the floor:
Provided that in any such parts in which the mounting height of the light source for general illumination necessarily exceeds 7.3 meters measured from the floor or where the structure of the room or the portion or construction of the fixed machinery or plants prevent the uniform attainment of this standard the general illumination at the said level shall be not less than one footcandle and where work is actually being done, the illumination shall be not less than 3 footcandles.
(2) The illumination over all other interior parts of the factory, over which persons employed pass, shall, when and where a person is passing, be not less than 0.5 footcandles at floor level.
(3) Lighting in accordance with the following standards shall be provided and used in interior of cotton ginning factories at times when lighting is required and ordinarily used:—
(i) By means of electricity to the satisfaction of the Inspector, one lamp for four gins, each lamp of not less than 40 watts power or fluorescent tube lights of convenient lengths and number may be used.
(ii) By candles placed in glass lanterns of patterns approved by Inspector, not less than one such lantern on each gin should be placed.
(4) The standards specified in these rules shall be without prejudice to the provision of any additional illumination required to render the lighting sufficient and suitable for the nature of the work.
35. Prevention of Glare
(1) Where any source of light in the factory is less than 5 meters above floor level, no part of the light source or of the lighting fitting having a brightness greater than 10 candles per sq.cm. shall be visible to persons whilst normally employed within 30 meters of the source except where the angle of elevation from the eye to the source or part of the fitting, as the case may be, exceeds 20 degrees.
(2) Any local light, that is to say, light designed to illuminate particularly the area or part of the area of work of a single operative or small group of operatives working near each other, shall be provided with a suitable shade of opaque material to prevent glare or with other effective means by which the light source is completely screened from the eyes of every person employed at a normal working place, or shall be so placed that no such persons is exposed to the glare there from.
36. Power of Chief Inspector to exempt:-
Where the chief Inspector is satisfied, in respect of any particular factory or part thereof or in respect of any description of work room or process, that any requirements 1 [of Rules 34 and 35] is inappropriate or is not reasonably practicable, he may, by order in writing exempt the factory or part thereof or description of work room or process from such requirement to such extent and subject to such conditions as he may specify.
38. Quantity of drinking water:-
The quantity of drinking water to be provided for the workers in every factory shall be at least five times as many litres a day as there are workers employed in the factory and such drinking water shall be readily available at all times during working hours.
39. Source of supply.—
The water provided for drinking shall be supplied from,—
any other source approved, in writing by the Health Officer.
40. Storage of water:-
If drinking water is not supplied directly from taps either connected with public water supply system or any other water supply system of the factory approved by the Health Officer, it shall be kept in suitable vessels, receptacles or tanks fitted with taps and having dust proof covers placed on raised stands or platforms in shade and having suitable arrangements of drainage to carry away the spilt water. Such vessels or receptacles and tanks shall be kept clean and the water renewed at least once every day. All practicable measures shall be taken to ensure that the water is free from contamination.
41. Cleanliness of Well or Reservoir
(1) Drinking water shall not be supplied from any open well or reservoir unless it is so constructed, situated, protected and maintained as to be free from the possibility of pollution by chemical or bacterial and extraneous impurities.
(2) Where drinking water is supplied from such well or reservoir, the water in it shall be sterilised once a week or more frequently if the Inspector, by written order, so requires and the date on which sterilising is carried out shall be recorded: Provided that this requirement shall not apply to such well or reservoir if the water therein is filtered and treated to the satisfaction of the Health Officer before it is supplied for consumption.
42. Report from Health Officer:-
The Inspector may, by order in writing direct the Manager to obtain, at such times or at such intervals as he may direct, a report from the Health Officer as to the fitness for human consumption of the water supplied to the workers, and in every case, to submit to the Inspector a copy of such report as soon as it is received from the Health Officer.
43. Cooling of Water:-
In every factory wherein more than two hundred and fifty workers are ordinarily employed:—
(a) the drinking water supplied to the workers shall from the 1st March to the 30th June of every year that is during the hot season, be cooled by ice or any other effective method;
(b) the cooled drinking water shall be supplied in every canteen, lunch room and rest room and also at conveniently accessible points throughout the factory which for the purpose of these rules, shall be called "Water Centers";
(c) the water centers shall be sheltered from the weather and adequately drained;
(d) the number of water centers to be provided shall be one "centre" for every 150 persons employed in the factory at any one time: Provided that in the case of a factory where the number of persons employed exceeds 500 it shall be sufficient if there is one such "Centre" as aforesaid for every 150 persons upto the first 500 persons and one for every 500 persons thereafter: 1 [Provided further that the distance between the place of work of any worker, shall not be more than 50 metres away from the nearest water centre, or any distance as may be specified by the Inspector.]
2 [(e) every water centre shall be maintained in a clean and hygienic condition; and
(f) the means of supply of cooled drinking water shall be, either directly through taps connected to water coolers, or any other system for cooling of water, or by means of vessels, receptacles or tanks fitted with taps, and having dust proof covers, and placed on the raised stands or platforms in shade, and having suitable arrangement of drainage to carry away the spilt water. Such vessels, receptacles or tanks shall he kept clean and the water renewed at least once every day;]
(g) clauses (a) and (b) shall not apply to any factory situated in climatic zones which will keep the water cold enough due to weather, as may be directed by Chief Inspector.
44. Latrine Accommodation
(1) Latrine accommodation shall be provided in every factory on the following scale:—
(a) where women are employed, there shall be at least one latrine for every 25 women;
(b) where males are employed, there shall be atleast one latrine for every 25 males provided that where the number of males employed exceeds 100, it shall be sufficient if there is one latrine for every 25 males up to the first 100 and one for every 50 thereafter.
(2) In calculating the number of latrines required under sub-rule (1), any odd number of workers below 25 or 50, as the case may be, shall be reckoned as 25 or 50 and the maximum number of persons working in the factory at any time and not the total number of persons employed in the factory shall be taken into account.
45. Latrines to conform to Public Health requirements:-
Latrines, other than those connected with an efficient water borne sewage system, shall comply with the requirements of the Public Health Authorities.
46. Privacy of Latrines:-
Every latrine shall be under cover and so partitioned off so as to secure privacy, and shall have a proper door and fastenings.
47. Sign boards to be displayed:-
Where workers of both sexes are employed, there shall be displayed outside each latrine block a notice in the language understood by the majority of the workers indicating "For Men only" and "For Women only" as the case may be. The notice shall also bear the figure of a man or of a woman, as the case may be.
48. Urinal accommodation:-
Urinal accommodation shall be provided for the use of workers and shall not be less than 61 centimeters in length for every 50 workers; provided that, where the number of persons employed exceeds 500, it shall be sufficient if there is one urinal for every 50 workers upto the first 500 employed and one for every 100 thereafter. Where women are employed, separate screened urinal accommodation shall be provided on the same scale as mentioned above.
49. Urinals to conform to public health requirements:-
Urinals, other than those connected with an efficient water-borne sewage system, and urinals in factory wherein more than 250 workers are ordinarily employed shall comply with the requirements of the Public Health authorities.
50. Certain latrines and urinals to be connected to sewerage System
(1) When any general system of underground sewerage with an assured water supply for any particular locality is provided in a Municipality, all latrines and urinals of a factory situated in such locality shall, if the factory is situated within 30 metres of an existing sewer, be connected with that sewerage system.
(2) No worker shall make use of any other place within the factory as latrine or urinal other than the latrine and urinal accommodation provided under these rules.
(3) The design and the site or situation of latrine and urinal accommodation shall be subject to the approval of the Director of Health and Family Planning Services, and the construction shall be subject to the approval of the Chief Inspector.
(4) They shall be situated, unless otherwise approved in writing by the inspector, within the factory precincts and so situated that
(a) every worker may have ready access thereto and
(b) no effluvia there from can arise within a workroom.
51. Whitewashing, colourwashing of latrines and urinals:-
The walls, ceilings and partitions of every latrine and urinal shall be whitewashed or colourwashed and the whitewashing or colourwashing shall be repeated at least once in every period of four months. The walls shall be coal tarred to a height of 1 meter. The dates on which the whitewashing, colourwashing is carried out shall be entered in the prescribed Register in Form 6:
Provided that this rule shall not apply to latrines and urinals, the walls, ceiling of partitions of which are laid in glazed tiles or otherwise finished to provide a smooth, polished impervious surface and that they are washed with suitable detergents and disinfectants at least once in every period of four months.
52. Construction and maintenance of drains:-
All drains carrying waste or sullage water shall be constructed in masonry or other impermeable material and shall be regularly flushed and the effluent disposed off by connecting such drains with a suitable drainage line:
Provided that, where there is no such drainage line, the effluent shall be deodorized and rendered innocuous and then disposed of in a suitable manner to the satisfaction of the Health Officer.
53. Water taps in latrines:-
Where piped water supply is available, a sufficient number of taps, conveniently accessible shall be provided in or near such latrine accommodation. Where there is no continuous supply of water, water cisterns with cans shall be provided for washing purposes.
54. Number and location of Spittoons:-
The number and location of the spittoons to be provided shall be to the satisfaction of the Chief Inspector.
55. Type of Spittoons:-
The Spittoons shall be either of the following types:—
(a) A galvanised iron container with a conical funnel shaped cover. A layer of suitable disinfectant liquid shall always be maintained in the container;
(b) a container filled with dry, clean and sand and covered with a layer of bleaching powder;
(c) any other type approved by the Chief Inspector.
56. Cleaning of Spittoons:-
The spittoons mentioned in clause (a) of rule 55 shall be emptied, cleaned and disinfected at least once every day, and the spittoon mentioned in clause (b) of rule 55 shall be cleaned by scraping out the top layer of sand as often as necessary or at least once every day.
Chapter IV Safety
57. Further Safety Precautions:-
Without prejudice to the provisions of sub-section (1) of section 21 in regard to the fencing of machines, the further precautions specified in the Schedules below shall apply to the machines noted therein:—
[Schedule I Textile machinery except machinery used in jute mills
1. Application:-
The requirements of this schedule shall apply to machinery in factories engaged in the manufacture or processing of textiles other than jute textiles. This schedule shall not apply to machinery in factories engaged exclusively in the manufacture of synthetic fibres.
2. Definitions For the purposes of this schedule,—
(a) "Calender" means a set of heavy rollers mounted on vertical side frames and arranged to pass cloth between them. Calenders may have two to ten rollers, or bowls, some of which can be heated.
(b) "Card" means a machine consisting of cylinders of various sizes — and in certain cases flats — covered with card clothing, and set in relation to each other so that fibres in staple form may be separated into individual relationship. The speed of the cylinders and their direction of rotation varies. The finished product is delivered as a silver. Cards of different types are, the revolving flat card, the roller and clearer card, etc.
(c) "Card clothing" means the material with which the surfaces of the cylinder, doffer, flats, etc., and consists of a thick foundation material made of, either textile fabrics through which of a card are covered, are pressed many fine closely spaced, specially bent wires, or mounted saw toothed wire.
(d) "Comber" means a machine for combing fibres of cotton, wool, etc. The essential parts are devices for feeding forward, a fringe of fibres at regular intervals and an arrangement of combs or pins, which, at the right time, pass through the fringe. All tangled fibres, short fibres, and raps are removed and the long fibres are laid parallel.
(e) "Combing machinery" means a general classification of machinery including combers, sliver lap machines, ribbon lap machines, and gill boxes, but excluding cards.
(f) "Continuous bleaching range" means a machine for bleaching of doth in rope or openwidth form with the following arrangement. The cloth, after wetting out, passes through a squeeze roll into a saturator containing a solution of caustic soda and then to an enclosed J-Box. A V-shaped arrangement is attached to the front part of the J-Box for uniform and rapid saturation of the doth with steam before it is packed down in the J-Box. The cloth, in a single strand rope form, passes over a guide roll down the first arm of the "V" and up the second. Steam is injected into the "V" at the upper end of the second arm so that the cloth is rapidly saturated with steam at this point. The J-box capacity is such that cloth will remain hot for sufficient time to complete the scouring action. It then passes a series of washers with a squeeze roll in-between. The cloth then passes through a second set of saturator, J-box and washer, where it is treated with the peroxide solution. By slight modification of the form of the unit, the same process can be applied to the open-width cloth.
(g) "Embossing Calender" means a calendar with two or more rolls, one of which is engraved for producing figure effects of various kinds on a fabric.
(h) "Garnett machine" means a number of types of machines for opening hard twisted waste of wool, cotton, silk, etc. Essentially, such machines consist of a licker-in; one or more cylinders, each having a competent worker and stripper rolls; and a fancy roll and doffer. The action of such machines is somewhat like that of a wool card, but it is much more severe in that the various rolls are covered with garnett wire instead of card clothing.
(i) "Gill box" means a machine used in the worsted system of manufacturing yarns. Its function is to arrange fibres in parallel order. Essentially, it consists of a pair of feed rolls and a series of followers where the followers move at a faster surface speed and perform a combing action.
(j) "In-running rolls" means any pair of rolls or drums between which there is a "nip".
(k) "Interlocking arrangement" means a device that prevents the setting-in-motion, of a dangerous part of a machine or the machine itself, while the guard, cover or door provided to safeguard against danger is open or unlocked, and which will also hold the guard, cover or door closed and locked, while the machine or the dangerous part is in motion. (1) "Kier" means a large metal vat, usually a pressure type, in which fabrics may be boiled out, bleached, etc.
(m) "Loom" means a machine for effecting the interlocking of two series of yarns crossing one another at right angles. The warp yarns are wound on a warp beam and pass through headless and reeds. The filling is shot across in a shuttle and settled in place by reeds and slay, and the fabric is wound on a doth beam.
(n) "Mercerizing range" means a 3-bowl mangle, a tenter frame, and a number of boxes for washing and scouring. The whole set-up is in a straight line and all parts operate continuously. The combination is used to saturate the cloth with sodium hydroxide, stretch it while saturated, and wash out most of the caustic before releasing tension.
(o) "Mule" means a type of spinning frame having a headstock and a carriage as its two main sections. The headstock is stationary. The carriage is movable and it carries the spindles which draft and spin the roving into yarn. The carriage extends over the whole width of the machine and moves slowly toward and away from the headstock during the spinning operation.
(p) "Nip" is the danger zone between two rolls or drums which by virtue of their positioning and movement create a nipping hazard.
(q) "Openers and pickers" means a general classification of machinery which includes breaker pickers, intermediate pickers, finisher pickers, single process pickers, multiple process pickers, willow machines, card and picker waste cleaners, thread extractors, shredding machines, roving waste openers, shoddy pickers, bale breakers, feeders, vertical openers, lattice cleaners, horizontal cleaners, and any similar machinery equipped with either cylinders, screen section, calender section, rolls or beaters used for the preparation of stock for further processing.
(r) "Paddler" means a trough for a solution and two or more squeeze rolls, between which cloth passes after being passed through a mordant or dye bath.
(s) "Plaiting machine" means a machine used to lay cloth into folds of regular length for convenience of subsequent process or use.
(t) "Ribbon lapper" means a machine or part of a machine used to prepare laps for feeding a cotton comb; its purpose is to provide a uniform lap in which the fibres have been straightened as much as possible.
(u) "Roller printing machine" means a machine consisting of a large central cylinder or pressure bowl around the lower part of the perimeter of which is placed a series of engraved color rollers, (each having a color through), a furnisher roller, doctor blades, etc. The machine is used for printing fabrics.
(v) "Rotary staple" means a machine consisting of one or more rotary blades used for the purpose of cutting textile fibres into staple lengths.
(w) "Sanforising machine" means a machine consisting of a large steam-heated cylinder, and endless, thick, woollen belt blanket which is in close contact with the cylinder for most of its perimeter, and an electrically heated shoe which presses the cloth against the blanket, while the latter is in a stretched condition, as it curves around feed-in roll.
(x) "Shearing machine" means a machine used for shearing doth. Cutting action is provided by a number of steel blades spirally mounted on a roller. The roller rotates in close contact with a fixed ledger blade. There may be from one to six such rollers on a machine.
(y) "Singeing machine" means a machine which comprises of a heated roller, plate, or an open gas flame. The cloth or yarn is rapidly passed over the roller or the plate or through the open gas flame to remove fuzz or hairiness by burning.
(z) "Slasher" means a machine used for applying a size mixture to warp yarns. Essentially, it consists of a stand for holding section beams, a size box, one or more cylindrical dryers or an enclosed hot air dryer, and a beaming and for winding the yarn on the loom beams.
(aa) "Sliver lapper" means a machine or a part of a machine in which a number of parallel card slivers are drafted slightly, laid side by side in a compact sheet, and wound into a cylindrical package.
(bb) "Starch mangle" means a mangle that is used specifically for starching cotton goods. It commonly consists of two large rolls and a shallow open vat with several immersion rolls. The vat contains the starch solution.
(cc) "Tenter frame" means a machine for drying cloth under tension. It essentially consists of a pair of endless travelling chains fitted with dips of fine pins and carried on tracks. The doth is firmly held at the selvages, by the two chains which diverge as they move forward, so that the doth is brought to the desired width.
(dd) "Warper" means a machine for preparing and arranging the yarns intended for the warp of a fabric, specifically a beam warper.
(ee) "Water mangle" means a calendar having two or more rolls used for squeezing water from fabrics before drying. Water mangles also may be used in other ways during the finishing of various fabrics.
3. General safety requirements
(1) Every textile machine shall be provided with individual mechanical or electrical means for starting and stopping such machines. Belt shifter on machines, driven by belts and shafting, should be provided with a belt shifter lock or an equivalent positive locking device.
(2) Stopping and starting handles or other controls shall be of such design and so positioned as to prevent the operator's hand or fingers from striking against any moving part or any other part of the machine.
(3) All belts, pulleys, gears, chains, sprocket wheels and other dangerous moving parts of machinery which either form part of the machinery or are used in association with it, shall be securely guarded.
4. Openers and pickers
(1) In all opening or picker machinery, beaters and other dangerous parts shall be securely fenced by suitable guards so as to prevent contact with them. Such guards and doors or covers or openings, giving access to any dangerous part of the machinery, shall be provided with interlocking arrangement:
Provided that in the case of doors or covers of openings giving access to any dangerous part, other than beater covers, instead of the interlocking arrangement, such openings may be so fenced by guards which prevent access to any such dangerous part, and which is either kept positively locked in position, or fixed in such a manner that it cannot be removed, without the use of hand tools.
(2) The feed rolls on all opening and picking machinery shall be covered with a guard designed to prevent the operator from reaching the nip while the machinery is in operation.
(3) The lap forming rollers shall be fitted with a guard or cover which shall prevent access to the nip at the intake of the lap roller and fluted roller, as long as the weighted rack is down. The guard or cover shall be so locked, mat it cannot be raised until the machine is stopped, and the machine cannot be started until the cover or guard is closed:
Provided that the foregoing provision shall not apply to the machines equipped with automatic lap forming devices: Provided further that any such machine equipped with an automatic lap forming device shall not be used, unless the automatic lap forming device is in efficient working order.
5. Cotton cards
(1) All cylinder doors shall be secured by an interlocking arrangement, which shall prevent the door from being opened until the cylinder has ceased to revolve, and shall render it impossible to restart the machine until the door has been closed:
Provided that the latter requirement in respect of the automatic locking device shall not apply while stripping or grinding operations are carried out: Provided further that stripping or grinding operations shall be carried out, only by specially trained adult workers, wearing tight fitting clothing, whose names have been recorded in the register prescribed in this behalf as required by sub-section (1) of Section 22.
(2) The licker-in shall be guarded so as to prevent access to the dangerous parts.
(3) Every card shall be equipped with an arrangement that would enable the card cylinder to be driven by power during stripping/grinding operations without having to either shift the main belt to the fast pulley of the machine, or to dismantle the interlocking mechanism. Such an arrangement shall be used only for stripping or grinding operations.
6. Garnett machines
(1) Garnett licker-ins shall be enclosed.
(2) Garnett fancy rolls shall be enclosed by guards. These shall be installed in a way that keeps worker rolls reasonably accessible for removal or adjustment.
(3) The underside of the Garnett shall be guarded by a screen mesh or other form of enclosures to prevent access.
7. Gill boxes
(1) The feed end shall be guarded so as to prevent fingers being caught in the pins of the intersecting fallers.
(2) All nips of in-running rolls shall be guarded by suitable nip guards conforming to the following specifications
Any opening, which the guard may permit when fitted in position, shall be so restricted with respect to the distance of the opening from any nip point through that opening, and under any circumstances, the maximum width of the opening
8. Sliver and ribbon lappers (cotton):-
The calender drums and the lap spool shall be provided with a guard to prevent access to the nip between the in-running rolls.
9. Speed frames:-
Jack box wheels at the headstock shall be guarded and the guard shall have interlocking arrangement.
10. Spinning mules:-
Wheels on spinning mule carriages shall be provided with substantial wheel guards, extending to within 6 mm of the rails.
11. Warpers:-
Swivelled double-bar gates shall be installed on all warpers operating in excess of 410 metres/min. These gates shall have interlocking arrangement, except for the purpose of inching or jogging:
Provided that the top and bottom bars of the gate shall be at least 1.05 and 0.53 metres high from the floor or working platform, and the gate shall be located 38 mm from the vertical tangent to the beam head.
12. Slashers
(1) Cylinder dryers
(a) All open nips of in-running rolls shall be guarded by nip guards conforming to the requirements in paragraph 7.
(b) When slashers are operated by control levers, these levers shall be connected to a horizontal bar or treadle located not more than 170 cm above the floor to control the operation from any point.
(c) Slashers operated by push button control shall have stop and start buttons, located at each end of the machine, and additional buttons located on both sides of the machine at the size box and the delivery end. If calender rolls are used, additional buttons shall be provided at both sides of the machine at points near the nips, except when slashers are equipped with an enclosed dryer as specified in paragraph (b).
(2) Enclosed hot air dryer
(a) All open nips of the top squeezing rollers shall be guarded by nip guards conforming to the requirements in sub-paragraph (2) of Paragraph 7.
(b) When slashers are operated by control levers, these levers shall be connected to a horizontal bar or treadle located not more than 170 cm, above the floor to control the operation from any point.
(c) Slashers operated by push-button control shall have stop and start buttons, located at each end of the machine and additional stop and buttons located on both sides of the machines, at intervals, spaced not more than 1.83 metres on centres.
13. Looms
(1) Each loom shall be equipped with suitable guards designed to minimize the danger from flying shuttles.
(2) Beam weights for tension in beam shall be of such construction so as to prevent it railing during its adjustment.
14. Valves of kiers, tanks and other containers
(1) Each valve controlling the flow of steam, injurious gases or liquids into a kier or any other tank or container into which a person is likely to enter in connection with a process, operation, maintenance or for any other purpose, shall be provided with a suitable locking arrangement, to enable the said person to lock the valve securely in the closed position, and retain the key with him before entering the kier, tank or container.
(2) Wherever boiling tanks, caustic tanks and any other containers from which liquids which are hot, corrosive or toxic may overflow or splash, are so located that the operator cannot see the contents from the floor or working area, emergency shut off valves which can be controlled from a point, not subject to danger of splash, shall be provided to prevent danger.
15. Shearing machines:-
All revolving blades on shearing machines shall be guarded so that the opening between the cloth surface and the bottom of the guard will not exceed 10 mm.
16. Continuous bleaching range (cotton and rayon):-
The nip of all in-running rolls on open-width bleaching machine rolls shall be protected with a guard, to prevent the worker from being caught at the nip. The guard shall extend across the entire length of the nip.
17. Mercerizing range (piece goods)
(1) A stopping device shall be provided at each end or the machine.
(2) A guard shall be provided at each end of the frame between the in-running chain and the clip opener.
(3) A nip guard shall be provided for the in-running rolls of the mangle and washers and the guard shall conform to the requirements in sub-paragraph (2) of Paragraph 7.
18. Tenter frames
(1) A stopping device shall be provided at each end of the machine.
(2) A guard shall be provided at each end of the machine frame at the in-running chain and clip opener.
19. Paddlers:-
Suitable nip guards conforming to the requirement in sub/-paragraph (2) of Paragraph 7 shall be provided to all dangerous in-running rolls.
20. Centrifugal extractors
(1) Each extractor shall be provided with a guard for the basket, and the guard shall have interlocking arrangement.
(2) Each extractor shall be equipped with a mechanically or electrically operated brake to quickly stop the basket, when the power driving the basket is shut off.
21. Squeezer or wringer extractor, water mangle, starch mangle, back-washer (worsted yarn) crabbing machines and decanting machines:-
All in-running rolls shall be guarded with nip guards conforming to the requirements in sub-paragraph (2) of Paragraph 7.
22. Sanforizing and palmer machine
(1) Nip guards shall be provided on all accessible in-running rolls, and these shall conform to the requirements in sub-paragraph (2) of Paragraph 7.
(2) Access from the sides to the nips of in-running rolls should be fenced by suitable side guards.
(3) A safety trip rod, cable or wire centre cord, shall be provided across the front and back of all palmer cylinders extending the length of the face of the cylinder. It shall operate readily whether pushed or pulled. The safety trip shall not be more than 170 cm. above the level at which the operator stands and shall be readily accessible.
23. Rope washers
(1) Splash guards shall be installed on all rope washers unless the machine is designed so as to prevent the water or liquid from splashing the operator, the floor, or working surface.
(2) A safety trip rod, cable or wire centre cord shall be provided across the front and back of all rope washers extending the length of the face of the washer. It shall operate readily whether pushed or pulled. This safety trip shall be not more than 170 cm. above the level on which the operator stands and shall be readily accessible.
24. Laundry washer, tumbler or shaker
(1) Each drying tumbler, each double cylinder shaker or clothes tumbler and each washing machine shall be equipped with an interlocking arrangement, which will prevent the power operation of the inside cylinder when the outer door on the case or shell is open, and which will also prevent the outer door on the case or shell, from being opened without shutting off the power and the cylinder coming to a stop. This should not prevent the movement of the inner cylinder by means of a hand operated mechanism or an inching device.
(2) Each closed barrel shall also be equipped with adequate means for holding open the doors or covers of the inner and outer cylinders or shells while it is being loaded or unloaded.
25. Printing machine (roller type)
(1) All in-running rolls shall be guarded by nip guards conforming to the requirement in subparagraph (2) of Paragraph 7.
(2) The engraved roller gears and the large crown wheel shall be guarded. 26. Calenders:-
The nip at the in-running side of the rolls shall be provided with a guard extending across the entire length of the nip, and arranged to prevent the fingers of the workers from being pulled in between the rolls or between the guard and the roll, and so constructed that the cloth can be fed into the rolls safely.
27. Rotary staple cutters:-
The cutter shall be protected by a guard to prevent hands reaching the cutting zone.
28. Plaiting machines:-
Access to the trap between the knife and card bar shall be prevented by a guard.
29. Hand baling machine:-
An angle iron handle-stop guard shall be installed at right angle to the frame of the machine. The stop guard shall be so designed and so located as to prevent the handle from travelling beyond the vertical position till the handle slips from the operator s hand when the pawl has been released from the teeth of the take-up gear.
30. Flat-work ironer:-
Each flat-work or collar ironer shall be equipped with a safety bar or other guard, across the entire front of the feed or first pressure rolls, so arranged that the striking of the bar or guard by the hand of the operator or other person will stop the machine. The guard shall be such that the operator or other person cannot reach into the rolls without removing the guard. This may be either a vertical guard on all sides or a complete cover. If a vertical guard is used, the distance from the floor or working platform to the top of guard shall be not less than 1.83 metres.
1Schedule II Cotton ginning Line shaft:-
The line shaft or second motion in cotton ginning factories, when below floor lever, shall be completely enclosed by a continuous wall or unclimbable fencing with only so many openings as are necessary for access to the shaft, for removing cotton seed, cleaning and oiling; and such openings shall be provided with gates or doors which shall be kept closed and locked. 1Schedule III Wood working machinery
1. Definitions:-
For the purpose of this schedule—
(a) "Band Saw" means a band saw, the cutting portion of which runs in a vertical direction, but does not include a log saw or band re-sawing machine; and
(b) "Circular saw" means a circular saw working in a bench (including a rack bench), but does not include a pendulum or similar saw which is moved towards the wood for the purpose of cutting operation;
(c) "Planing machine" means a machine for overhand planing or for thicknessing or for both operations. (d) "Wood working machine" means a circular saw, band saw, planing machine, chain mortising machine or vertical spindle moulding machine operating on wood or cork.
2. Stopping and starting device:-
An efficient stopping and starting device shall be provided on every wood working machine. The control of this device shall be in such a position as to be readily and conveniently operated by the person in charge of the machine.
3. Space around machine:-
The space surrounding every wood working machine in motion shall be kept free from obstruction.
4. Floors:-
The floor surrounding every wood working machine shall be maintained in good and level condition, and shall not be allowed to become slippery, and as far as practicable shall be kept free from chips or other loose material.
5. Training and supervision
(1) No person shall be employed at a wood working machine unless he has been sufficiently trained to work that class of machine, or unless he works under the adequate supervision of a person who has a thorough knowledge of the working of the machine.
(2) A person who is being trained to work a woodworking machine shall be fully and carefully instructed as to the dangers of the machine and the precautions to be observed to secure safe working of the machine.
6. Circular saws:-
Every circular saw shall be fenced as follows:—
(a) Behind and in direct line with the saw there shall be a riving knife, which shall have a smooth surface and shall be strong, rigid and easily adjustable, and shall also conform to the following conditions:—
(i) The edge of the knife nearer the saw shall form an arc of a circle having a radius not exceeding the radius of the largest saw, used on the bench:
(ii) The knife shall be maintained as close as practicable to the saw, having regard to the nature of the work being done at the time, and at the level of the bench table, the distance between the front edge of the knife and the teeth of the saw, shall not exceed 12 mm and
(iii) For a saw of a diameter of less than 60 centimetres, the knife shall extend upwards from the bench table to within 25 millimetres of the top of the saw, and for a saw of a diameter 60 centimetres or over shall extend upwards from the bench table to a height of at least 23 centimetres:
(b) The top of the saw shall be covered by a strong and easily adjustable guard, with a flange at the side of the saw, farthest from the fence. The guard shall be kept so adjusted that the said flange shall extend below the roots of the teeth of the saw. The guard shall extend from the top of the riving knife to a point as low as practicable at the cutting edge of the saw; and
(c) The part of the saw below the bench table shall be protected by two plates of metal or other suitable material, one on each side of the saw; such plates shall not be more than 15 centimetres apart, and shall extend from the axis of the saw outwards to a distance of not less than 5 centimetres beyond the teeth of the saw. Metal plates, if not beaded, shall be of a thickness of at least2.5 millimetres, or, if beaded be of a thickness of at least 1.25 millimetres.
7. Push sticks:-
A push stick or other suitable appliance shall be provided for use at every circular saw and at every vertical spindle moulding machine to enable the work to be done without unnecessary risk.
8. Band saws:-
Every band saw shall be guarded as follows:—
(a) Both sides of the bottom pulley shall be completely encased by sheet or expanded metal or other suitable material;
(b) The front of the top pulley shall be covered with sheet or expanded metal or other suitable material; and
(c) All portions of the blade shall be enclosed or otherwise securely guarded, except the portion of the blade between the bench table and the top guide.
9. Planing machines
(1) A planing machine (other than a planing machine which is mechanically fed) shall not be used for overhand planing unless it is fitted with a cylindrical cutter block.
(2) Every planing machine used for overhand planing shall be provided with a "bridge" guard capable of covering the full length and breadth of the cutting slot in the bench, and so constructed as to be easily adjusted both in a vertical and horizontal direction.
(3) The feed roller of every planing machine used for thicknessing, except the combined machine for overhand planing and thicknessing shall be provided with an efficient guard.
10. Vertical spindle moulding machines
(1) The cutter of every vertical spindle moulding machine shall be guarded by the most efficient guard having regard to the nature of the work being performed.
(2) The wood being moulded at a vertical spindle moulding machine shall, if practicable, be held in a jig or holder of such construction as to reduce, as far as possible, the risk of accident to the worker.
11. Chain mortising machines:-
The chain of every chain mortising machine shall be provided with a guard which shall enclose the cutters, as far as practicable.
12. Adjustment and maintenance of guards:-
The guards and other appliances required under this schedule shall be—
(a) maintained in an efficient state;
(b) constantly kept in position while the machinery is in motion; and
(c) so adjusted as to enable the work to be done without unnecessary risk.
13. Exemptions:-
Paragraphs 6, 8, 9 and 10 shall not apply to any wood working machine in respect of which it can be proved that other safeguards are provided, maintained and used, which render the machine as safe as it would be if guarded in the manner prescribed in this schedule.
1Schedule IV Rubber Mills
1. Installation of machines:-
Mills for breaking down, tracking, grating, mixing, refining and warming rubber or rubber compounds shall be so installed that the top of the front roll is not less than 105 centimetres above the floor or working level: Provided that in existing installations where the top of the front roll is below the height, a strong-rigid distance-bar guard shall be fitted across the front of the machine, in such a position that the operator cannot reach the nip of the rolls.
2. Safety devices
(1) Rubber mills shall be equipped with:—
(a) Hoppers so constructed or guarded that it is impossible for the operators to come into contact in any manner with the nip of the rolls; or
(b) Horizontal safety-trip rods or tight wire cables across both front and rear, which will, when pushed or pulled, operate instantly to disconnect the power and apply the brakes, or to reverse the rolls.
(2) Safety-trip rods or tight wire cables on rubber mills shall extend across the entire length of the face of the rolls and shall be located not more than 175 centimetres above the floor or working level.
(3) Safety-trip rods and tight wire cables on all rubber mills shall be examined and tested daily, in the presence of the manager or other responsible person, and if any defect is disclosed by such examination and test, the mill shall not be used until such defect has been remedied.
1Schedule V Centrifugal Machines
1. Definition:-
"Centrifugal machines" include centrifugal extractors, separators and driers.
2. Every part of centrifugal machine shall be.—
(a) of good design and construction and of adequate strength;
(b) properly maintained; and
(c) examined thoroughly by a intervals.
3. Interlocking guard for drum or basket:-
(1) The cage housing, rotating drum or basket or every centrifugal machine shall be provided with strong lid. The design and construction of the cage as well as the lid should be such that no access is possible to the drum or basket when the lid is closed.
(2) Every centrifugal machine shall be provided with an efficient interlocking device, that will effectively prevent the lid referred to in sub-paragraph (1) from being opened, while the drum or basket is in motion, and prevent the drum or basket being set in motion, while the lid is in the open position.
4. Braking arrangement:-
Every centrifugal machine shall be provided with an effective braking arrangement capable of bringing the drum or basket to rest within a short period or time as reasonably practicable after the power is cut off.
5. Operating speed:-
No centrifugal machine shall be operated at a speed in excess of the manufacturer s rating which shall be legibly stamped at easily visible places, both on the inside of the basket and on the outside of the machine casing.
6. Exceptions:-
Sub-paragraph (2) of Paragraph 3 and Paragraphs 4 and 5 shall not apply in case of top lung machines or similar machines used in the sugar manufacturing industry.]
[Schedule VI Power Press 1. Application:- This Schedule shall apply to all types of power presses including press brakes, except when used for working hot metal.
2. Definitions:-
For the purpose of this Schedule—
(a) "approved" means approved by the Chief Inspector;
(b) "fixed fencing" means fencing provided for the tools of a power press being fenced which has no moving part associated with, or dependent upon, the mechanism of a power press and includes that part of a closed tool which acts as a guard;
(c) "power press" means a machine used in metal or other industries for moulding, pressing, blanking, raising, drawing and similar purposes;
(d) "safety device" means the fencing and any other safeguard provided for the tools of a power press.
3. Starting and stopping mechanism:-
The starting and stopping mechanism shall be provided with a safety stop so as to prevent overrunning of the press, or descent of the ram during tool setting, etc.
4. Protection of tool and die.
(1) Each press shall be provided with a fixed guard with a slip plate on the underside enclosing the front and all sides of the tool.
(2) Each die shall be provided with a fixed guard surrounding its front and sides, and extending to the back in the form of a tunnel through which the pressed article falls to the rear of the press.
(3) The design, construction and mutual position of the guards referred to in sub-paragraphs (1) and (2) shall be such as to preclude the possibility of the worker's hand or fingers reaching the danger zone.
(4) The machine shall be fed through a small aperture at the bottom of the die guard, but a wider aperture may be permitted for second or subsequent operations if feeding is done through a chute.
(5) Notwithstanding anything contained in sub-paragraphs (1) and (2) an automatic or an interlocked guard may be used in place of a fixed guard, but where such guards are used they shall be maintained in an efficient working condition and if any guard develops a defect, the power press shall not be operated unless the defect of the guard is removed.
5. Appointment of persons to prepare power presses for use
(1) Except as provided in sub-paragraph (4), no person shall set, reset, adjust or try out the tools on a power press or install or adjust any safety device thereon, being installation or adjustment preparatory to production of die proving, or carry out an inspection and test or any safety device thereon required by Paragraph 8, unless he:
(a) has attained the age of eighteen years;
(b) has been trained in accordance with the sub-paragraph (2); and
(c) has been appointed by the occupier of the factory to carry out those duties in respect of the class or description or power press, or the class or description of safety device to which the power press or the safety device (as the case may be) belongs; and the name of every such person is entered in a register in Form No. 30.
(2) The training shall include suitable and sufficient practical instruction in the matters in relation to each type of power press and safety device, in respect of which it is proposed to appoint the person being trained.
6. Examination and testing of power presses and safety devices
(1) No power press or safety device shall be taken into use in any factory for the first time in that factory, and no safety device shall be taken into use for the first time on any power press unless there was a thorough examination and test of the power press, after its installation in the factory and that of the safety device when in position on the power press in connection with which it is to be used.
(2) No power press shall be used unless it has been thoroughly examined and tested by a competent person, within the immediately preceding period of twelve months.
(3) No power press shall be used unless every safety device (other than fixed fencing) thereon has, within the immediately, preceding period of six months, when in position on that power press, been thoroughly examined and tested by a competent person.
(4) The competent person carrying out an examination and test under the foregoing provisions shall make a report of the examination and test containing the following particulars and every such report shall be kept readily available for inspection:
(a) Name of the occupier of the factory;
(b) Address of the factory;
(c) Identification number or mark sufficient to identify the power press or the safety device;
(d) Date on which the power press or the safety device was first taken into use in the factory;
(e) The date of each periodical thorough examination carried out as per requirements of sub-paragraph (2) above;
(f) Particulars of any defects effecting the safe working of the power press or the safety device found at any such thorough examination and steps taken to remedy such defects.
7. Defects disclosed during a thorough examination and test
(1) Where any defect is disclosed in any power press or in any safety device by any examination and test under Paragraph 6 and in the opinion of the competent person carrying out the examination and test, either:—
(a) the said defect is a cause of danger to workers and in consequence, the power press or safety device, as the case may be, ought not to be used until the said defect has been remedied; or
(b) the said defect may become a cause of danger to workers and in consequence the power press or the safety device, as the case may be ought not to be used after the expiration of a specified period unless the said defect has been remedied, such defect shall, as soon as possible, after the completion of the examination and test, be notified in writing by the competent person to the occupier of the factory and, in the case of a defect falling within clause (b) of this sub-paragraph such notification shall include the period within which, in the opinion of the competent person, the defect ought to be remedied.
(2) In every case where notification has been given under this Paragraph, a copy of the report made under sub-paragraph (4) of Paragraph 6 shall be sent by the competent person to the Inspector of the area, within fourteen days of the completion of the examination and test.
(3) Where any such defect is notified to the occupier in accordance with the foregoing provisions of this paragraph, the power press or safety device, as the case may be having the said defect, shall not be used—
(a) in the case of a defect falling within clause (a) of sub-paragraph (1) until the said defect has been remedied; and
(b) in the case of defect falling within clause (b) of sub-paragraph (1), after the expiration of the period notified under sub-paragraph (1) and till the defect has been remedied.
(4) As soon as is practicable after any defect of which notification has been given under subparagraph (1) has been remedied, a record shall be made by or on behalf of the occupier, stating the measures by which, and the date on which, the defect was remedied.
8. Inspection and test of safety devices.—
(1) No power press shall be used after the setting, resetting or adjustment of the tools thereon unless a person appointed or authorised for the purpose under Paragraph 5 has inspected and tested every safety device thereon while it is in position on the said power press:
Provided that an inspection, test and certificate as aforesaid shall not be required where any adjustment of the tools has not caused or resulted in any alteration to, or disturbance of any safety device on the power press and in the opinion of such a person as aforesaid, the safety device remain in efficient working order even after the adjustment of the tools.
(2) Every power press and every safety device thereon shall, while it is in position on the said power press, shall be inspected and tested by a trained person every day.
9. Defects disclosed during an inspection and test:-
(1) Where it appears to any person as a result of any inspection and test carried out by him under Paragraph 8 that any necessary safety device is not in position or is not properly in position on a power press or that any safety device which is in position on a power press is not in his opinion suitable, he shall notify the same to the Manager forthwith.
(2) Except as provided in sub-paragraph (3), where any defect is disclosed in a safety device by any inspection and test under Paragraph 8, the person carrying out the inspection and test shall notify the same to the Manager forthwith.
(3) The requirement in sub-paragraph (2) of this paragraph shall not be applicable to the defect notified under sub-paragraph (1) of Paragraph 7 till the period specified therein has expired.
10. Identification of power presses and safety devices:-
Every power press and every safety device shall be distinctively and plainly marked, for the purpose of identification.
11. Training and instructions to operators:-
The operators shall be trained and instructed in the safe method of work before starting work on any power press.
12. Exemptions
(1) If in respect of any factory, the Chief Inspector is satisfied that, owing to the circumstances or infrequency of the processes or for any other reason, all or any of the provisions of this schedule are not necessary for the protection of the workers employed on any power press, or any class or description of power press or in the factory, the Chief Inspector may, by a certificate in writing (which he may in his discretion revoke at any time), exempt such factory from all or any of such provisions subject to such conditions, if any, as he may specify therein.
(2) Where such exemption is granted, a legible copy of the certificate showing the conditions, if any, subject to which it has been granted, shall be kept posted in the factory in a position where it may be conveniently read by the persons employed. 1 schedule VII Shears, Slitters and Guillotine Machines
1. Definitions For the purpose of this Schedule:—
(a) "Guillotine" means a machine ordinarily equipped with straight, bevel-edged blade operating vertically against a stationery resisting edge, and used for cutting metallic or non-metallic substances;
(b) "Shears" or "Shearing machine" means a machine ordinarily equipped with straight, bevel-edged blades operating vertically against resisting edges, or with rotary, overlapping cutting wheels, and used for shearing metals or non-metallic substances;
(c) "Slitter" or "Slitting machine" means a machine ordinarily equipped with circular disc-type knives, and used for trimming or cutting into metal or non-metallic substances or for slitting them into narrow strips; and includes bread or other food slicers equipped with rotary knives or cutting discs.
2. Guillotine and Shears
(1) Where practicable, a barrier metal guard of adequate strength shall be provided at the frame and shall be so fixed as to prevent any part of the operator's body to reach the descending blade from above, below or through the barrier guard or from the sides:
Provided that in case of machines used in the paper printing and allied industries, where a fixed barrier metal guard is not suitable on account of the height and volume of the material being fed, there shall be provided suitable starting devices which require simultaneous action of both the hands of the operator or an automatic device which will remove both the hands of the operator from the danger zone at every descent of the blade.
(2) At the back end of such machines, an inclined guard shall be provided over which the slit pieces would slide and be collected at a safe distance in a manner as would prevent a person at the back from reaching the descending blade.
(3) Power-driven guillotine cutters, except continuous feed trimmers, shall be equipped with:—
(a) starting devices which require the simultaneous action of both hands to start the cutting motion and of at least one hand on a control during the complete stroke of the knife; or
(b) an automatic guard which will remove the hands of the operator from the danger zone at every descent of the blade, used in conjunction with one-hand starting devices which require two distinct movements of the device to start the cutting motion, and so designed as to return positively to the non-starting position after each complete cycle of the knife.
(4) Where two or more workers are employed at the same time on the same power-driven guillotine cutter equipped with two-hand Control, the device shall be so arranged that each worker shall be required to use both hands simultaneously on the safety trip to start the cutting motion, and at least one hand on a control to complete the cut.
(5) Power-driven guillotine cutters, other than continuous trimmer, shall be provided, in addition to the brake, or other stopping mechanism, with an emergency device which will prevent the machine from operating in the event of failure of the brake when the starting mechanism is in the non-starting position.
3. Slitting Machines
(1) Circular disc-type knives on machines for cutting metal and leather, paper, rubber, textiles or other non-metallic substances shall, if they due within reach of operators standing on the floor or working level, be provided with guards enclosing the knife edges at all times as near as practicable to the surface of the material, and which may either:—
(a) automatically adjust themselves to the thickness of the material; or
(b) be fixed or manually adjusted so that the space between the bottom of the guard and the material will not exceed 6 mm at any time.
(2) Portion of blades underneath the tables or benches of slitting machines shall be covered by guards.
4. Index cutters and vertical paper slotters:-
Index cutters, and other machines for cutting strips from the ends of books, and for similar operations, shall be provided with fixed guards, so arranged that the fingers of the operators cannot come between the blades and the tables.
5. Corner cutters:-
Corner cutters, used in the manufacture of paper boxes, shall be equipped with,—
(a) suitable guard, fastened to the machines in front of the knives and provided with slots or perforations to afford visibility of the operations; or
(b) other guards equally efficient for the protection of the fingers of the workers.
6. Band knives:-
Band Wheels on Band Knives and all portions of the blades except the working side between the sliding guide and the table on vertical machines, or between the wheel guards on horizontal machines, shall be completely enclosed with hinged guards of sheet metal not less than 4 mm in thickness or of other material of equal strength.]
58. Register of specially trained adult workers:-
Register of workers attending to machinery in motion, as provided under sub-section (1) of Section 22 shall be in Form No. 33, supported by declaration in Form No. 30 at the time of first appointment by the Manager.
59. Employment of young persons on dangerous Machinery:-
The following machines shall be deemed to be of such dangerous character that young persons shall not work at them unless the provisions of Section 23(1) are complied with:—
- Power presses other than hydraulic presses;
- Milling Machines used in metal trades;
- Guillotine machines;
- Circular saws;
- Platen printing machines;
- Decorticators;
- Oil expellers;
- Band saws used in wood working;
- Planning machines used in wood working.
60. Guarded Machinery:-
The following parts of machines shall be deemed to be machinery to be guarded by the makers for the purpose of Section 26(1):—
(1) Back gears, wheels and head stock gears of lathes.
(2) Back gears and bevel gears of drilling machines.
(3) Gear wheels and bevel gear drives of planning, shaping, slotting and milling machines.
(4) All spur gear drives and bevel gears of oil expellers. 61. Hoists Examination—Particulars of:-
A register shall be maintained to record particulars of Examination of hoists or lifts and shall give particulars as shown in Form 31.
62. Exemption of certain Hoists and Lifts:-
In pursuance of the provisions of sub-section (4) of Section 28, in respect of any class or description of hoist or lift specified in the first column of the following schedule, the requirements of Section 28 specified in the column of the said table and set opposite to that class or description of hoist or lift shall not apply:—
63. Cranes and other lifting machinery:-
A register shall be maintained to record particulars of examinations of cranes and other lifting machinery and shall give particulars in Form No. 32 and shall be available to the Inspector.
64. Examination required.—
(1) No lifting machine and no chain-rope or lifting tackle, except a fibre rope or rope sling shall be taken into use in any factory for the first time in that factory unless it has been thoroughly examined by a competent person and a certificate of such a test or examination specifying the safe working load or loads, signed by the person making the test and the examination, has been obtained and is Kept available for inspection.
(2) (i) Every jib-crane so constructed that safe working load may be varied by the raising or lowering of the jib, shall nave attached thereto either an automatic indicator of safe working loads or an automatic jib angle indicator and a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load.
(ii) A table showing the safe working loads of every kind of chain, rope or lifting tackle in use and in the case of a multiple sling, the safe working loads at different angles of the legs, shall be posted in the store-room or place where or in which, chains, ropes or lifting tackles are kept, in prominent positions on the premises and no chain, rope or lifting tackle not shown in the table shall be used. The foregoing provisions of this paragraph shall not apply in respect of any lilting tackle if the safe working load thereof, or in the case of a multiple sling, the safe working load at different angles of the legs, is plainly marked upon it.
(3) The register to be maintained under clause (a) (iii) of sub-section (1) of Section 29 of the Act shall be in Form 32. The register shall be kept readily available for inspection.
(4) All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface and every such rail or track shall be properly laid adequately supported and properly maintained.
(5) All chains and lifting tackle, except a rope sling shall unless they have been subjected to such other heat treatment as may be approved by the Chief Inspector, be effectively annealed under the supervision of a competent person at the following intervals:—
(i) All chains, slings, rings and hooks, shackles and swivels used in connection with molten metal or molten slag or when they are made of half inch bars or smaller, once at least in every six months;
(ii) All other chains, rings, hooks, shackles, and swivels in general use, once at least in every twelve months: Provided that chains and lifting tackle not in frequent use shall, subject to the chief Inspector's approval, be annealed only when necessary. Particulars of such annealing shall be entered in a register in Form 32.
(6) Nothing in the foregoing sub-rule (5) shall apply to the following clauses and lifting tackles:—
(i) Chains made of malleable cast iron;
(ii) Plate link chains;
(iii) Chains, rings, hooks, shackles and swivels made of steel or of an non-ferrous metal;
(iv) Pitched chains, working on sprocket or pocketed wheels;
(v) Rings, hooks, shackles and swivels permanently attached to pitched chains, pulley blocks or weighing machines;
(vi) Hooks and swivels having screw threaded parts or ball bearing or other case hardened parts;
(vii) Socket shackles secured to wire ropes by white metal capping;
(viii) Bordeaus connections. Such chains and lifting tackle shall be thoroughly examined by a competent person once at least in every twelve months and particulars entered in Form 32.
(7) All lifting machines, chains, ropes and lifting tackle, except a fibre rope or fibre rope sling, which have been lengthened, altered or repaired by welding or otherwise, shall before being taken into use again, be adequately re-tested and re-examined by a competent person and a certificate of such test and examination be obtained, and particulars entered in the register kept in accordance with Rule 64(3).
(8) No person under 18 years of age and no person who is not sufficiently competent and reliable shall be employed as driver of a lifting machine whether driven by mechanical power or otherwise, or to give signals to a driver.
(9) Passage ways for cranes.—
(i) To provide access to rail tracks of over-head travelling cranes suitable passage-ways of at least 50 cm. (20 in.) width, toe boards, and double hand rail 90 cm. (3ft.) high shall be provided alongside, and clear of, the rail tracks of over-head travelling cranes, such that no moving part of the crane can strike persons on the ways, and the passageway shall be at a lower level than the crane track itself. Safe access ladders shall be provided at suitable intervals to afford access to these passage-ways and from passage-ways to the rail tracks.
1 [(10) The Chief Inspector may for reasons to be specified in writing exempt any factory in respect of any over head travelling cranes from the operation of any provision of clause (1) subject to such conditions as he may specify]
2 [(11) Where the Chief Inspector of Factories is satisfied that in a factory due to shut down or for any other reason it is not practicable to maintain a minimum distance of twenty feet between the person employed or working on or near the wheel track of a travelling crane and the crane, he may on the request of the Manager, reduce the distance to such extent as he may consider necessary and also prescribe further precautions indicating appointment of suitable number of Supervisors to ensure the safety of the persons while they are employed or working on or near the track.]
1 [65. Pressure vessels or plant:-
(1) Interpretation in this rule,—
(a) "Designed pressure" means the maximum pressure, that a pressure vessel or plant is designed to withstand safely when operating normally;
(b) "Maximum permissible working pressure" means the maximum pressure at which a pressure vessel or plant is permitted to be operated or used under this rule and is determined by the technical requirements of the process;
(c) "Plant" means a system of piping that is connected to a pressure vessel and is used to contain a gas, vapour or liquid under pressure greater than the atmospheric pressure, and includes the pressure vessel;
(d) "Pressure vessel" means a vessel that may be used for containing, storing, distributing, transferring, distilling, processing or otherwise handling any gas, vapour or liquid under pressure greater than the atmospheric pressure and includes any pipeline fitting or other equipment attached thereto or used in connection therewith.
(2) Nothing in this rule shall apply to—
(a) vessels made of ferrous material having an internal operating pressure not exceeding 1 kilogram per square centimeter;
(b) steam boilers, steam and feed pipes and their fittings coming under the purview of Boilers Act, 1923;
(c) metal bottles or cylinders used for storage or transport of compressed gases or liquefied or dissolved gases under pressure covered by the Gas Cylinder Rules, 1981 made under the Explosives Act, 1884;
(d) vessels in which internal pressure is due solely to the static head of liquid;
(e) vessels with a nominal water capacity not exceeding 500 litres connected in a water-pumping system containing air that is compressed to serve as a cushion;
(f) vessels for nuclear energy application;
(g) refrigeration plant having a capacity of 3 tons or less of refrigeration in 24 hours; and
(h) working cylinders of steam engines or prime movers, feed pumps and steam traps, turbine casings, compressor cylinders, steam separators on dryers, steam strainers, steam de-super-heaters, oil separators, air receivers for fire sprinkler installations, air receivers of monotype machines, provided the maximum working pressure of the air receiver does not exceed 1.33 kilograms per square centimetre and the capacity of 85 litres air receivers of electrical circuit breakers, air receivers of electrical relays, air vessels on pumps, pipe coils, accessories of instruments and appliances such as cylinders and piston assemblies used for operating relays and^ interlocking type of guards, vessels with liquids subjected to static head only and hydraulically operating cylinders other than any cylinder communicating with an air loaded accumulator.
(3) Every pressure vessel or plant used in a factory shall be,—
(a) properly designed on sound engineering practice,
(b) of good construction, sound material, adequate strength and free from any patent defects, and
(c) properly maintained in a safe condition: Provided that the pressure vessel or plant in respect of the design and construction of which there is an Indian Standard or a standard of the country of manufacture or any other law or regulation in force, shall be designed and constructed in accordance with the said standard, law or regulation, as the case may be, and a certificate thereof shall be obtained from the manufacturer or from the competent person which shall be kept and produced on demand by an Inspector.
(4) Every pressure vessel shall be fitted with,—
(a) a suitable safety valve or other effective pressure relieving device of adequate capacity to ensure that the maximum permissible working pressure of the pressure vessel shall not be exceeded and shall be set to operate at a pressure not exceeding the maximum permissible working pressure and when more than one protective device is provided, only one of the devices need be set to operate at the maximum permissible working pressure and the additional device shall be set to discharge at a pressure not more than 5 per cent in excess of the maximum permissible working pressure;
(b) a suitable pressure gauge with a dial range not less than 1.5 times the maximum permissible working pressure, easily visible and designed to show at all times the correct internal pressure and marked with a prominent red mark at the maximum permissible working pressure of the pressure vessel;
(c) a suitable nipple and globe valve connected for the exclusive purpose of attaching a test pressure gauge for checking the accuracy of the pressure gauge referred to in clause (b);
(d) a suitable stop valve or valves by which the pressure vessel may be isolated from other pressure vessels or plant or source of supply of pressure and such a stop valve or valves shall be located as close, to the pressure vessel as possible and shall be easily accessible; and
(e) a suitable drain cock or valve at the lowest part of the pressure vessel for the discharge of the liquid or other substances, that may collect in the pressure vessel:
Provided that it shall be sufficient for the purpose of this sub-rule ii the safety valve or pressure relieving device, the pressure gauge and the stop valve are mounted on a pipeline immediately adjacent to the pressure vessel and where there is a range of two or more similar pressure vessels served by the same pressure lead, only one set of such mountings need be fitted on the pressure lead immediately adjacent to the range of pressure vessels, provided they cannot be isolated.
(5) (a) Every pressure vessel which is designed for a working pressure less than the pressure at the source of supply, or less than the pressure which can be obtained in the pipe connecting the! pressure vessel with any other source of supply, shall be fitted with a suitable pressure reducing valve or other suitable automatic device to prevent the maximum permissible working pressure of the pressure vessel being exceeded.
(b) To further protect the pressure vessel in the event of failure of the reducing valve or device, at least one safety valve having a capacity sufficient to release all the steam, vapour or gas without undue pressure rise as determined by the pressure at the source of supply and the size of the pipe connecting the source of supply, shall be fitted on the low pressure side of the reducing valve.
(6) (a) No new pressure vessel or plant shall be taken into use in a factory after coming into force of this rule unless it has been hydrostatically tested by a competent person at a pressure at least 1.3 times the design pressure, and no pressure vessel or plant which has been previously used or has remained isolated or idle for a period exceeding two months or which has undergone alterations or repairs shall be taken into use in a factory unless it has been thoroughly examined by a competent person externally and internally, if practicable, and has been hydrostatically tested by the competent person at a pressure which shall be 1.5 times the maximum permissible working pressure:
Provided, that the pressure vessel or plant which is so designed and constructed that it cannot be safely filled with water or liquid or is used in service when even some traces of water cannot be tolerated, shall be pneumatically tested at a pressure not less than 1.3 times the design pressure or 1.5 times the maximum permissible working pressure, as the case may be:
Provided further that the pressure vessel or plant which is lined with glass shall be tested hydrostatically or pneumatically as required at a pressure not less than 1.3 times the design pressure or 1.5 times the maximum permissible working pressure, as the case may be.
Note:- (a) Design pressure shall be not less than the maximum permissible working pressure and shall take into account the possible fluctuations of pressure during actual operation.
(b) No pressure vessel or plant shall be used in a factory unless there has been obtained from the maker of the pressure vessel or plant or from the competent person a certificate specifying the design pressure or maximum permissible working pressure thereof, and stating the nature of tests to which the pressure vessel or plant and its fittings (if any) have been subjected, has been obtained from the maker of the pressure vessel or plant, from the competent person.
(c) Every pressure vessel or plant used in a factory shall be marked so as to enable it to be identified as to be the pressure vessel or plant to which the certificate relates, and the certificate shall be kept available for perusal by the Inspector.
(d) No pressure vessel or plant shall be permitted to be operated or used at a pressure higher than its design pressure, or the maximum permissible working pressure as shown in the certificate.
(7) (a) Every pressure vessel or plant in service shall be thoroughly examined by a competent person:
(i) externally, once in every period of six months;
(ii) internally, once in every period of twelve months:
Provided that, if by reason of the construction of a pressure vessel or plant, a thorough internal examination is not possible, this examination may be replaced by a hydrostatic test which shall be carried out once in every period of two years: Provided further that in case of a pressure vessel or plant which is in continuous process and cannot be frequently opened the period of internal examination may be extended to four years;
(iii) hydrostatically tested once in every period of four years: Provided that, in respect of a pressure vessel or plant with thin walls, such as sizing cylinder made of copper or any other non-ferrous metal, periodic hydrostatic test may be dispensed with subject to the condition that the requirements laid down in sub-rule (8) are fulfilled:
Provided further that when it is impracticable to carry out thorough external examination, of any pressure vessel or plant every six months as required in sub-clause (i) or if owing to its construction and use a pressure vessel or plant cannot be hydrostatically tested as required in sub-clauses (ii) and (iii) of this clause, a thorough external examination of the pressure vessel or plant shall be carried out at least once in every period of two years, and a thorough systematic non-destructive test like ultrasonic test for metal thickness or other defects of all parts, the failure of which might lead to eventual rupture of the pressure vessel or plant shall be carried out at least once in four years. (b) The pressure for the hydrostatic test to be carried out for the purpose of this sub-rule shall be 1.3 times the design pressure or 1.5 times the maximum permissible working pressure, whichever is less.
(8) (a) In respect of any pressure vessel or plant of thin walls such as sizing cylinder made of copper or any other non-ferrous metal, the maximum permissible working pressure shall be reduced at the rate of five per cent of the original maximum permissible working pressure for every year of its use after the first five years, and no such cylinder shall be allowed to continue to be used for more than twenty years after it was first taken into use.
(b) If any information as to the date of construction, thickness of walls, or maximum permissible working pressure is not available, the age of such pressure vessel or plant shall be determined by the competent person in consultation with the Chief Inspector, from the other particulars available with the manager.
(c) Every new and second hand pressure vessel or plant of thin walls to which repairs likely to affect its strength or safety have been carried out, shall be tested before use to at least 1.5 times its maximum permissible working pressure.
(9) (a) If during any examination any doubt arises as to the ability of the pressure vessel or plant to work safely until the next examination, the competent person shall enter in the relevant register, his observations, findings and conclusions with other relevant remarks with reasons and may authorise the pressure vessel or plant to be used and kept in operation, subject to a lowering of maximum permissible working pressure, or to more frequent or special examination or test, or subject to both of these conditions.
(b) A report of every examination or test carried out shall be completed in Form No. 7 and shall be signed by the person making the examination or test, and shall be kept available for perusal by the Inspector at all hours when the factory or any part thereof is working.
(c) Where the report of any examination under this rule specifies any condition for securing the safe working of any pressure vessel or plant, the pressure vessel or plant shall not be used unless such, condition is fulfilled.
(d) The competent person making report of any examination under this rule, shall within seven days of the completion of the examination, send to the Inspector a copy of the report in every case where the maximum permissible working pressure is reduced, or the examination shows that the pressure vessel or plant or any part thereof cannot continue to be used with safety, unless certain repairs are carried out, or unless any other safety measure is taken.
(10) (a) The requirements of this rule shall be in addition to and without any prejudice, to and not in derogation of the requirements of any other law in force.
(b) Certificates or reports of any examination, or test of any pressure vessel or plant (to which sub-rules (7), (8) and (9) do not apply) conducted or required to be conducted under any other law in force, and other relevant record relating to such pressure vessel or plant, shall be properly maintained as required under the said law and shall be produced on demand by the Inspector]
1 [65-A. Reaction vessels and Kettles
(1) This rule applies to reaction vessels and kettles (hereinafter referred to as reaction vessels) which normally work at a pressure not above the atmospheric pressure but in which there is likelihood of pressure being created above the atmospheric pressure due to reaction getting out of control or any other circumstances.
(2) In the event of the vessel being heated by electrical means a suitable thermostatic control device shall be provided to prevent the temperature exceeding the safe limit.
(3) Where steam is used for heating purpose in reaction vessels it shall be supplied through a suitable pressure reducing valve or any other suitable automatic device to prevent the maximum permissible steam pressure reducing valve or any other suitable automatic device to prevent the maximum permissible steam pressure being exceeded, unless the pressure of the steam in the supply line itself cannot exceed the said maximum permissible pressure.
(4) A suitable safety valve or rupture disc of adequate size and capacity shall be provided to effectively prevent the pressure being built up in the reaction vessel beyond the safe limit. Effective arrangements shall be made to ensure that the released gases, fumes, vapours, liquids or dusts as the case may be are led away and disposed of through suitable pipes without causing any hazards, where inflammable gases or vapours are likely to be vented out from the vessel the discharge shall be provided with a flame arrestor.
(5) Every reaction vessel shall be provided with a pressure gauge having the appropriate range.
(6) In addition to the devices as mentioned in the foregoing provisions, means shall be provided for automatically stopping the feed into the vessel as soon as process conditions deviate from the normal limits to an extent which may be considered as dangerous.
(7) Where necessary, an effective system for cooling, flooding or blanketing shall be provided, for the purpose of controlling the reaction and process conditions with the safe limits of temperature and pressure.
(8) Automatic auditory and visual warning device shall be provided for clear warning wherever process conditions exceed the present limits. This device wherever possible, shall be integrated with automatic process correction systems.
(9) A notice pointing out the possible circumstances in which pressures above atmospheric pressure may be built up in the reaction vessels, the dangers involved and the precautions to be taken by the operations shall be displayed at a conspicuous place near the vessel.]
1 [65-B. Examination of eyesight of certain workers.—
(1) No person shall be employed to operate a crane, locomotive or fork-lift truck, or to give signals to a crane or locomotive operator unless his eyesight and colour vision have been examined and declared fit by a qualified ophthalmologist to work whether with or without the use of corrective glasses.
(2) The eyesight and colour vision of the person referred to in sub-rule (1) shall be examined at least once in every period of twelve months upto the age of forty-five years, and once in every six months beyond that age.
(3) Any fee payable for an examination of a person under this sub-rule shall be paid by the occupier and shall not be recoverable from that person.
(4) The record of examination or re-examination carried out as required under sub-rule (1) shall be maintained in Form No. 39.
65-C. Railways in factories
(1) This rule shall apply to Railways in the precincts of a factory which are not subject to Indian Railways Act, 1890.
(2) A gateway through which a railway track passes shall not be used for the general passage of workers entering into or going out of factory.
(3) (a) Where the building or walls contain doors or gates which open to a railway track, a barrier of about one metre high shall be fixed parallel to and about 60 cm. away from the building or wall outside the opening and extending several metres beyond it at either end, so that any person passing out may become aware of an approaching train when his pace is checked at the barrier.
(b) If the traffic on the nearest track is all in one direction, the barrier shall be in the form of an "L" with the end of the short leg abutting on to the wall and the other end opening towards the approaching train.
(c) If the distance between wall and track cannot be made to accommodate such a barrier, the barrier or a turngate shall be placed at the inside of the opening.
(d) Where a footway passes close to a building or other obstruction as it approaches a railway track, a barrier or a turngate shall be fixed in such a manner that a person approaching the track is compelled to move away from the building or obstruction, and thus obtain timely sight of an approaching locomotive or wagon.
(4) (a) Workers, pay-windows, first-aid stations and other points where a crowd may collect shall not be placed near a railway track. (b) At any time of the day when workers are starting or ending work, all railway traffic shall cease for not less than five minutes.
(5) (a) No locomotive shall be used in shunting operations unless it is in good working order.
(b) Every locomotive and tender shall be provided with efficient brakes, all of which shall be maintained in good working order. Brake shoes shall be examined at suitably fixed intervals and those that are worn out replaced at once.
(c) Water-guage glasses of every locomotive, whatever its boiler pressure, shall be protected with substantial glass or metal screens.
(d) Suitable steps and handholds shall be provided at the corners of the locomotive for the use of shunters.
(e) Every locomotive crane shall be provided with lifting and jacking pads at the four corners of the locomotive for assisting in re-railing operations.
(f) It shall be clearly indicated on every locomotive crane in English and in languages, understood by the majority of the workers in the factory, for what weight of load and at what radius the crane is safe.
(6) (a) Every wagon (and passenger coach, if any) shall be provided either with selfacting brakes capable of being applied continuously or with efficient hand brakes which shall be maintained in good working order. The hand brakes shall be capable of being applied by a person on the ground and fitted with a device for retaining them in the applied position.
(b) No wagon shall be kept standing within three metres of any authorised crossing.
(c) No wagon shall be moved with the help of crow bars or pinch bars.
(7) No person shall be permitted to be upon (whether inside or outside) any locomotive, wagon or other rolling stock except where secure foothold and handhold are provided.
(8) (a) No locomotive, wagon or other rolling stock shall be kept standing unless its brakes are firmly applied and, where it is on a gradient, without sufficient number of properly constructed scotches placed firmly in position.
(b) No train shall be set in motion until the shunting Jamadar has satisfied himself that all wagon doors are securely fastened.
(9) (a) If the load on a wagon projects beyond its length, a guard or dummy-truck shall be used beneath the projection.
(b) No loco-crane shall travel without load unless the jib is completely lowered and positioned in line with the track.
(c) When it is necessary for a loco-crane to travel with a load, the jib shall not be swung until the loco-crane has come to rest.
(10) Loose-shunting shall be permitted only when it cannot be avoided. It shall never be performed on a wagon not accompanied by a man capable of applying and pinning down the brakes. A wagon not provided with brakes in good working order and capable of being easily pinned down shall not be loose-shunted unless there is attached to it at least another wagon with such brakes. Loose-shunting shall not be performed with or against a wagon containing passengers, livestock or explosives.
(11) Fly-shunting shall not be permitted on any factory railway.
(12) (a) Every locomotive or wagon in motion in a factory shall be in charge of properly trained Jamadar.
(b) Before authorising a locomotive or wagon to be moved, the shunting Jamadar shall satisfy himself that no person is under or in between or in front of the locomotive or wagon.
(13) The hand signals used by the shunting Jamadar by day and night shall be those specified by the shunting rules of railways, working under the Indian Railways Act (Central Act IX of 1890).
(14) (a) In factories where persons work at night, no movement of locomotive, wagon or other rolling stock otherwise than by hand, shall be permitted between sunset and sunrise, unless the tracks and their vicinity are lighted on a scale of not less than ten lux as measured at the horizontal plane at the ground level.
(b) A locomotive or train shall not be moved between sunset and sunrise or when there is fog, unless it carries a white headlight and a red rear light.
(15) (a) A locomotive or train shall not be permitted to move at a speed greater than seven kilometers per hour.
(b) A train, locomotive, wagon or other rolling stock shall not be moved by mechanical or electrical power unless it is preceded at a distance of not less than ten metres during the whole of its journey by a shunting Jamadar. He shall be provided with signaling flags or lamp and whistle necessary for calling the attention of the driver.
(16) (a) The distance between—
(i) Tracks from centre to centre of parallel tracks shall not be less than the overall width of the widest wagon of that guage plus twice the width of the door of such a wagon when opened directly outward plus one metre.
(ii) Tracks and buildings one blind wall or other structures from a building or structure other than a loading platform to the centre of the nearest tracks shall be not less than half the overall width of the widest wagon of that guage plus the width of its door opened outward, plus 1.5 metres.
(iii) Tracks and materials stacked or deposited on the ground from material, material stacked or deposited alongside the track; on the ground or on a loading platform to the centre of the nearest track shall be not less than half the overall width of the widest wagon of that guage, plus half the width of its door when opened directly outward, plus 1 metre.
(b) Sleepers of a track shall be in level with the ground and at the crossings of the track with a road or walkway, the surface of the road or walkway shall be in level with the top of the rails.
(c) All track ends shall be equipped with buffer stops of adequate strength.
(d) Barriers of substantial construction shall be securely and permanently fixed across any doorway or gateway in a building or in a wall which conceals an approaching train from view, between the building and the track as specified in clause (a) of sub-rule (3).
(e) Where track are carried on a gantry or other elevation, a safe footway or footways with handrails and toe-boards shall be provided at all positions where persons work or pass on foot; and where there is an opening in the stage of a elevated track for the dropping of material to a lower level/ the position shall Ix adequately fenced or the opening itself provided with a grill through which a person cannot fall.
(f) All point levers shall have their movements parallel to, not across, the direction of the track.
(g) All loading platforms which are more than 60 cm. above the level of the ground on which the track is laid and more than fifteen metres in length, shall be provided with stops at intervals not greater than fifteen metres apart to enable the platform to be easily mounted from the track.
(h) Turn tables on plant railways shall be provided with locking devices which will prevent the tables from turning while locomotives or wagons are being run on or off the tables.
(i) Workers shall be prohibited from passing under, between or above railway wagons.
(17) (a) At all crossings of a track with a road or walkway, danger or crossing signs and wherever reasonably practicable, blinking lights or alarm lights shall be provided. At all important crossings, gates or barriers manned by watchmen shall be provided. Swinging gates and barriers shall be secured against inadvertent opening or closing.
(b) All crossings, warning signs, gates and barriers shall be illuminated during hours of darkness.
(18) It shall be the duty of every driver of a locomotive or a shunter including a shunting Jamadar, to report without delay to their superior any defect in permanent way, locomotive or rolling stock.
(19) No person who is under eighteen years of age and no person who is not sufficiently competent and reliable, shall be employed as a driver of a locomotive or as a shunter.
(20) The Chief Inspector may, by an order in writing, exempt a factory or part of it, from all or any of the provisions of this rule to such extent and on such conditions as he deems necessary."
65-D. Quality of personal protective equipment:-
All personal protective equipments provided to workers as required under any of the provisions or the Act or the rules shall have certification by I.S.I, or any equivalent standard approved by the State Government.
65-E. Protective equipment:-
The Inspector may, having regard to the nature of the hazards involved in work and process being carried out, order the occupier or the Manager in writing to supply to the workers exposed to particular hazard any personal protective equipment as may be found necessary.]
[66. Excessive weights (1) No woman or young person unaided by another person, shall lift, carry or move by hand or on head, any material, article, tool or appliance exceeding the maximum limit in weight specified in the table below:
Table
(2) No woman or young person shall engage, in conjunction with others, in lifting, carrying, or moving by hand or on head, any material, article, tool or appliance, if the weight thereof exceeds the lowest weight fixed in sub-rule (1) for any of the persons engaged, multiplied by the number of persons engaged.]
67. Protection of Eyes:-
Effective screens or suitable goggles shall be provided for the protection of persons employed in or in the immediate vicinity of the following processes:—
(a) The process specified in Schedule I to this Rule, being processes which involve risk of injury to the eyes from particles or fragments thrown in the course of the process.
(b) the processes specified in Schedule II to this rule, being processes which involve risk of injury to the eyes by reason of exposure to excessive light.
68. Minimum Dimensions of Manholes.—
Every chamber, tank, vat, pipe, flue or other confined spaces in which persons may have to enter and which may contain dangerous fumes to such an extent as may involve risk of the person being overcome thereby, shall unless there is other effective means of egress, be provided with a manhole which may be rectangular, oval or circular in shape and which shall:—
(a) in the case of a rectangular or oval shape, be not less than 40 centimeter long and 30 centimeter wide.
(b) in the case of a circular shape, be not less than 40 in centimeter in diameter.
69. Water sealed Gasholder
(1) The expression “gasholder" means a water-sealed gasholder which has a storage capacity of not less than 150 cubic meters (5,000 cubic feet).
(2) Every gasholder shall be of adequate material and strength, sound construction and shall be properly maintained.
(3) Where there is more than one gasholder in the factory, every gasholder shall be marked in a conspicuous position with a distinguishing number or letter.
(4) Every gasholder shall be thoroughly examined externally by a competent person at least once in a period of 12 months.
(5) In the case of gasholder of which any lift has been in use for more than 10 years, the internal state of the sheeting shall, within one year of the coming into operation of these rules and thereafter at least once in every period of four years, be examined by a competent person by means of electronic or other accurate devices: Provided that if the Chief Inspector is satisfied that such electronic or other accurate devices are not available, he may permit the cutting of samples from the crown and the sides of the holder: Provided further, that if the above inspection raises a doubt, an internal visual examination shall be made.
(6) All possible steps shall be taken to prevent or minimize ingress of impurities in the gasholder.
(7) No gasholder shall be repaired or demolished except under the direct supervision of a person who, by his training and experience and his knowledge of the necessary precautions against risks of explosion and of persons being overcome by gas, is competent to supervise such work.
(8) (i) All sample discs cut under sub-rule 5 above, shall be kept readily available for inspection.
(ii) A permanent register in Form 34 duly signed by the occupier or manager shall be maintained giving the following particulars;
(a) The serial number of the gasholder, vide sub-rule 3 above and the particulars of manufacture, i.e., maker's name, date of manufacture, capacity, number of lifts, pressure shown by holder when full of gas.
(b) The date of inspection carried out as required under sub-rules 4 and 5 above and by whom carried out.
(c) The method of inspection used.
(d) Date of painting, etc.
(e) Nature of repairs and name of persons carrying out repairs, and
(f) Remarks. (iii) The results of examinations by a competent person carried out under sub-rules 4 and 5 shall be in the Form
35. (9) The Inspector shall inspect the gasholder at least once in a period of 12 months.
70. Exemptions:- The requirements of sub-section (4) of Section 37 shall not apply to the following processes carried on in any factory:—
(a) The operation of repairing a water-sealed gasholder by the electric welding process subject to the following conditions.—
(i) the gasholder shall contain only the following gases, separately or mixed at a pressure greater than atmospheric pressure, namely, town gas, coke oven gas, producer gas, blast furnace gas, or gases, other than air, used in their manufacture: Provided that this exemption shall not apply to any gasholder containing acetylene or mixture of gases to which acetylene has been added intentionally.
(ii) Welding shall only be done by the electric welding process and shall be carried out by experienced operatives under constant supervision of a competent person.
(b) The operations of cutting or welding of steel or wrought iron gas mains and service pipes by the application of heat, subject to the following conditions.—
(i) The main or service pipe shall be situated in the open air and it shall contain only the following gases, separately or mixed at a pressure greater than atmospheric pressure namely, town gas, coke oven gas, producer gas, blast furnace gas, or gases other than air, used in their manufacture.
(ii) the main or service pipes shall not contain acetylene or any gas or mixture of gases to which acetylene has been added intentionally.
(iii) the operation shall be carried out by an experienced person or persons and at least two persons (including those carrying out the operations) experienced in work on gas mains and over eighteen years of age shall be present during the operation.
(iv) the site of the operation shall be free from any inflammable or explosive gas or vapour.
(v) where acetylene gas is used as a source of heat in connection with an operation, it shall be compressed and contained in a porous substance in a cylinder; and
(vi) prior to the application of any flame to the gas main or service pipes, they shall be pierced or drilled and the escaping gas ignited.
(c) The operation of repairing an oil tank by the Electric Welding process, subject to the following conditions:—
(i) The only oil contained in the tank shall have a flash point of not less than 150 degree F (close test) and a certificate to this effect shall be obtained from a competent analyst;
(ii) The analyst's certificate shall be kept available for inspection by an Inspector.
(iii) The welding operation shall be carried out only on the exterior surface of the tank at a place
(a) which is free from oil or oil leakage in inflammable quantities and
(b) which is not less than one foot below the nearest part of the surface of the oil within the tank; and
(iv) Welding shall be done only by the electric welding and shall be carried out by experienced operatives under the constant supervision of a competent person.
1 [71. Fire protection:- (1) Processes, equipment, plant, etc., involving serious explosion and serious fire hazards.—
(a) All processes, storages, equipments, plants, etc., involving serious explosion and flash fire hazard shall be located in segregated buildings where the equipment shall be so arranged that only a minimum number of employees are exposed to such hazards at any one time.
(b) All industrial processes involving serious fire hazard should be located in buildings or work places separated from one another by walls of fire-resistant construction.
(c) Equipment and plant involving serious fire or flash fire hazard shall, wherever possible, be so constructed and installed that in case of fire, they can be easily isolated.
(d) Ventilation ducts, pneumatic conveyers and similar equipment involving a serious fire risk should be provided with flame-arresting or automatic fire extinguishing appliances or fire resisting dampers electrically interlocked with heat sensitive or smoke detectors and the air-conditioning plant system.
(e) In all work places having serious fire or flash fire hazards, passages between machines, installations or piles of material should be at least 90 cm., wide. For storage piles, the clearance between the ceiling and the top of the pile should not be less than 2 m.
(2) (a) Buildings and plants shall be so laid out and roads, passageways, etc., so maintained as to permit unobstructed access for fire fighting.
(b) Doors and window openings shall be located in suitable positions on all external walls of the building to provide easy access to the entire area within the building for fire fighting.
(3) Protection against lightning shall be provided for,—
(a) buildings in which explosive or highly flammable substances are manufactured, used, handled or stored;
(b) storage tanks containing oils, paints, or other flammable liquids;
(c) grain elevators;
(d) buildings, tall chimneys or stacks where flammable gases, fumes, dust or lint are likely to be present; and
(e) substation buildings and outdoor transformers and switch yards.
(4) Wherever there is danger of fire or explosion from accumulation of flammable or explosive substances in air,—
(a) all electrical apparatus shall either be excluded from the area of risk or they shall be of such construction and so installed and maintained as to prevent the danger of their being a source of ignition;
(b) effective measures shall be adopted for prevention of accumulation of static charges to a dangerous extent;
(c) workers shall wear shoes without iron or steel nails or any other exposed ferrous materials which are likely to cause sparks by friction;
(d) smoking, lighting or carrying of matches, lighters or smoking materials shall be prohibited;
(e) transmission belts with iron fasteners shall not be used; and be (f) all other precautions, as are reasonably practicable, shall b taken to prevent initiation of ignition from all other possible sources such as open flames, frictional sparks, overheated surfaces of machinery or plant, chemical or physical-chemical reaction and radiant heat.
(5) Where materials are likely to induce spontaneous ignition, care shall be taken to avoid formation of air pocket and to ensure adequate ventilation. The material susceptible to spontaneous ignition should be stored in dry condition and should be in heaps of such capacity and separated by such passage which will prevent fire. The materials susceptible to ignition and stored in the open shall be at a distance not less than ten metres away from process or storage buildings.
(6) Cylinders containing compressed gas may only be stored in open if they are protected against excessive variation of temperaturey direct rays of sun, or continuous dampness. Such cylinders shall never be stored near highly flammable substances, furnaces or hot processes. The room where such cylinders are stored shall have adequate ventilation.
(7) (a) The quantity of flammable liquids in any workroom shall be the minimum required for the process or processes carried on in such room. Flammable liquids shall be stored in suitable 4 containers with close fitting covers: Provided that not more than twenty litres of flammable liquids having a flash point of 21 degree centigrade or less shall be kept or stored in any work room.
(b) Flammable liquids shall be stored in closed containers and in limited quantities in well ventilated rooms of fire resisting construction which are isolated from the remaining of the building by fire walls and self closing fire doors.
(c) Large quantities of such liquids shall be stored in isolated adequately ventilated building of fire resisting construction or in storage tanks, preferably underground and at a distance from any building as required in the Petroleum Rules, 1976.
(d) Effective steps shall be taken to prevent leakage of such liquids into basements, sumps or drains and to confine any escaping liquid within safe limits.
(8) (a) Effective steps shall be taken for removal or prevention of the accumulation in he air of flammable dust, gas, fume or vapour to an extent which is likely to be dangerous.
(b) No waste material of a flammable nature shall be permitted to accumulate on the floors and shall be removed at least once in a day or shift, and more often, when possible. Such materials shall be placed in suitable metal containers with covers wherever possible.
(9) (a) In this sub-rule,—
(i) "Horizontal exit" means an arrangement which allows alternative egress from a floor area to another floor at or near the same level in an adjoining building or an adjoining part of the same building with adequate separation; and
(ii) "travel distance" means the distance an occupant has to travel to reach an exit.
(b) An exit may be a doorway, corridor passageway to an internal or external stairway or to a verandah or to an internal stairway segregated from the rest of the building by fire resisting walls which shall provide continuous and protected means or egress to the exterior of a building or to an exterior open space. An exit may also include a horizontal exit leading to an adjoining building at the same level.
(c) lifts, escalators and revolving doors shall not be considered as exists for the purpose of this sub-rule.
(d) In every room of a factory, exits sufficient to permit safe escape of the occupants in case of fire or other emergency shall be provided which shall be free of any obstruction.
(e) The exits shall be clearly visible and suitably illuminated with suitable arrangement. Artificial lighting shall be adopted for this purpose, to maintain the required illumination in case of failure or the normal source of electric supply.
(f) The exits shall be marked in a language understood by the majority of the workers.
(g) Iron rung ladders or spiral staircases shall not be used as exit staircases.
(h) Fire resisting doors or roller shutters shall be provided at appropriate places along the escape routes to prevent spread of fire and smoke, particularly at the entrance of lifts or stairs where funnel or flue effect may be created inducing an upward spread of fire.
(i) All exits shall provide continuous means of degree to the exterior of a building or to an exterior open space leading to a street.
(j) Exits shall be so located that the travel distance to reach at least one of them on the floor shall not exceed thirty metres.
(k) In case of those factories where high hazard materials are stored or used, the travel distance to the exit shall not exceed 22.5 metres and there shall be at least two ways of escape from every room, however small, except toilet rooms, so located that the points of access thereto are out of, or suitably shielded from areas of high hazard.
(l) Wherever more than one exit is required for any room space or floor, exits shall be placed as remote from each other as possible and shall be arranged to provide direct access in separate directions from any point in the area served.
(m) The unit of exit width used to measure capacity of any exit shall be 50 cm. A clear width of 25 cm. shall be counted as an additional half unit. Clear width of less than 25 cm., shall not be counted for exit width.
(n) Occupants per unit width shall be fifty for stairs and seventy-five for doors.
(o) For determining the exits required, the occupant load shall be reckoned on the basis of actual number of occupants within any floor area or ten square metres per person, whichever is more.
(p) There shall not be less than two exits serving every floor area above and below the ground floor, and at least one of them shall be an internal enclosed stairway.
(q) Every building or structure used for storage only, and every section thereof considered separately, shall have access to at least one exit so arranged and located as provide to a suitable means of escape for any person employed therein, and in any such room wherein more than ten persons may be normally present, at least two separate means of exit shall be available, as remote from each other as practicable.
(r) Every storage area shall have access to at least one means of exit which can be readily opened.
(s) Every exit doorway shall open into an enclosed stairway, a horizontal exit on a corridor or passageway providing continuous and protected means of egress.
(t) No exit doorway shall be less than one hundred cm. in width. Doorways shall be not less than two hundred cm. in height.
(u) Exit doorways shall open outwards, that is, away from the room but shall not obstruct the travel along any exit. No door when opened, shall reduce the required width of stairway or landing to less than ninety cm. Overhead or sliding doors shall not be installed for this purpose.
(v) An exit door shall not open immediately upon a flight of stairs. A landing at least 1.5 m x 1.5 m in size shall be provided in the stairway at each doorway. The level of landing shall be the same as that of the floor which it serves.
(w) The exit doorways shall be open able from the side which they serve without the use of a key.
(x) Exit corridors and passageways shall be of a width not less than the aggregate required width of exit doorways leading from there in the direction or travel to the exterior.
(y) Where stairways discharge through corridors and passageways, the height of the corridors and passageways shall not be less than 2.4 metres.
(z) A staircase shall not be arranged around a lift shaft unless the latter is totally enclosed by a material having a fire resistance rating not lower than that of the type of constructions of the former.
(aa) Hollow combustible construction shall not be permitted.
(bb) The minimum width of an internal staircase shall be one hundred cm.
(cc) The minimum width of treads without nosing shall be twenty-five cm., for an internal staircase. The treads shall be constructed and maintained in a manner to prevent slipping.
(dd) The maximum height of a riser shall be nineteen cm. and the number of risers shall be limited to twelve per flight.
(ee) Handrails shall be provided with a minimum height of one hundred centimetres and shall be firmly supported.
(ff) The use of spiral staircase shall be limited to low occupant load and to a building of height of nine metres, unless they are connected to platforms such as balconies and terraces to allow escapes to pause. A spiral staircase shall be not less than three hundred centimetres in diameter and have adequate head room. (gg) The width of a horizontal exit shall be same as for the exit doorways.
(hh) The horizontal exit shall be equipped with at least one fire door of self closing type.
(ii) The floor area on the opposite or refuge side of a horizontal exit shall be sufficient to accommodate occupants of the floor areas served, allowing not less than 0.3 square metre per person. The refuge area shall be provided with exits adequate to meet the requirements of this sub-rule. At least one of the exits shall lead directly to the exterior or street.
(jj) Where there is difference in level between connected areas for horizontal exit, ramps not more than one in eighth slope shall be provided for this purpose steps shall not be used.
(kk) Doors in horizontal exits shall be open able at all times.
(11) Ramps with a slope of not more than one in ten may be substituted for the requirements of staircase. For all slopes exceeding one in ten and wherever the use is such as to involve danger of slipping, the ramp shall be surfaced with non-slipping material.
(mm) In any building not provided with automatic fire alarm a manual fire alarm system shall be provided if the total capacity of the building is over five hundred persons, or if more than twenty-five persons are employed above or below the ground floor. No manual fire alarm shall be required in one-storey buildings where the entire area is undivided and all parts thereof are clearly visible to all occupants.
(10) (a) In every factory there shall be provided and maintained, adequate and suitable fire fighting equipment for fighting fires in the early stages, those being referred to as first-aid fire fighting equipment in this rule.
(b) The types of first-aid fire fighting equipment to be provided shall be determined by considering the different types of fire risk which are classified in clause (i),—
(i) "Class A fire".—Fire due to combustible materials such as wood, textiles, paper, rubbish and the like.
(1) "Light hazard" — Occupancies like offices, assembly halls, canteens, restrooms, ambulance rooms and the like;
(2) "Ordinary hazard" — Occupancies like saw mills, carpentry shop, small timber yards, book binding shop, engineering workshop and the like;
(3) "Extra hazard" — Occupancies like large timber yards, godowns storing fibrous materials, flour mills, cotton mills, jute mills, large wood working factories and the like;
(ii) "Class B fire" — Fire in flammable liquids like oil, petroleum products, solvents, grease, paint, etc.
(iii) "Class C fire" — Fire arising out of gaseous substances.
(iv) "Class D fire" — Fire from reactive chemicals, active metals and the like.
(v) "Class E fire" — Fire involving electrical equipment and delicate machinery and the like.
(c) The number and types if first-aid fire fighting equipments to be provided for “light hazard” occupancy shall be as given in Schedule I. This rule for “Ordinary hazard or extra hazard” occupancies equipments as given in Schedule II shall be provided in addition to that given in Schedule I.
(d) The first aid fire fighting equipments shall conform to the relevant Indian Standards.
(e) As far as possible all the first-aid fire fighting equipments shall be all similar in shape and appearance and shall have the same method of operation.
(f) All first aid fire fighting equipments shall be placed in a conspicuous position and shall be readily and easily accessible for immediate use. Generally, these equipments shall be placed as near as possible to the exits or stair landing or normal routes of escape.
(g) All water buckets and bucket pump type extinguishers shall be filled with clean water. All sand buckets shall be filled with clean, dry and fine sand.
(h) All other extinguishers shall be charged appropriately in accordance with the instructions of the manufacturer.
(i) Each first aid fire fighting equipments shall be allotted a serial number by which it shall be referred to in the records. The following details shall be painted with white paint on the body of each equipment. 1. Serial number; 2. Date of last filling; and 3. Date of last inspection.
(j) First aid fire fighting equipment shall be placed on platforms or in cabinets in such a way that their bottom is 750 mm above the floor level. Fire buckets shall be placed on hooks attached to a suitable stand or wall in such a way that their bottom is 750 mm above the floor level. Such equipment if placed outside the building, shall be under sheds or covers.
(k) All extinguishers shall be thoroughly cleaned and recharged immediately after discharge. Sufficient refill material shall be kept readily available for this purpose at all times.
(l) All first-aid fire fighting equipments shall be subjected to routine maintenance, inspection, and testing to be carried out by properly trained persons. Periodicity of the routine maintenance, inspection and test shall conform to the relevant Indian Standards.
(11) (a) In every factory, adequate provision of water supply for fire fighting shall be made and where the amount of water required in litres per minute as calculated from the formula A+B+C+D divided by 20 (twenty) is 550 (five hundred and fifty) or more, power driven trailer pumps of adequate capacity to meet the requirement of water as calculated above shall be provided and maintained. In the above formula— A = The total area in square metres of all floors including galleries in all buildings of the factory; B = The total area in square metres of all floors and galleries including open spaces in which combustible materials are handled or stored; C = The total area in square metres of all floors over 15 metres above ground level and D= The total area in square metres of all floors of all buildings other than those of fire resisting construction: Provided that in areas where the fire risk involved does not require use of water, such areas under B, C or D may, for the purpose of calculation, be halved: Provided further that where the areas under B, C or D are protected by permanent automatic fire fighting installations approved by any fire association or fire insurance company, such areas may, for the purpose of calculation, be halved: Provided also that where the factory is situated at not more than three kilometres from an established city or town fire service, the pumping capacity based on the amount of water arrived at by the formula above may be reduced by 25% but no account shall be taken of this reduction in calculating water supply required under clause (a).
(b) Each trailer pump shall be provided with equipment as per Schedule II appended to this rule. Such equipment shall be conform to the relevant Indian Standards.
(c) Trailer pumps shall be housed in a separate shed or sheds which shall be sited close to a principal source of water supplies in the vicinity of the main risks of the factory.
(d) In factories where the area is such that it cannot be reached by man-hauling of trailer pumps within reasonable time, vehicles with towing attachment shall be provided at the scale of one for every four trailer pumps with a minimum of one such vehicle kept available at ail times.
(e) Water supply shall be provided to give flow of water as required under clause (a) for at least one hundred minutes. At least fifty per cent of this water supply or 4,50,000 litres whichever is less, shall be in the form of static tanks of adequate capacities (not less than 4,50,000 litres each) distributed round the factory with due regard to the potential fire risks in the factory, (where piped supply is provided, the size of the main shall not be less than fifteen centimetres diameter and it shall be capable of supplying a minimum of 4,500 litres per minute at a pressure of not less than seven kilograms per square centimetre).
(f) All trailer Pumps including the equipment provided with them and the vehicles for towing them shall be maintained in good condition and subjected to periodical inspection and testing as required.
(12) (a) The first aid and other fire fighting equipment to be provided as required in subrules (10) and (11) shall be in charge of a trained responsible person.
(b) Sufficient number of persons shall be trained in the proper handling of fire fighting equipment as referred to in clause (a) and their use against the types of fire for which they are intended to ensure that adequate number of persons are available for fire fighting both by means of first-aid fire fighting equipment and others. Such persons shall be provided with clothing and equipment including helmets, belts and boots, preferably gumboots. Wherever vehicles with towing attachment are to be provided as required in clause (d) of sub-rule (11) sufficient number of persons shall be trained in driving these vehicles to ensure that trained persons are available for driving them whenever the need arises.
(c) Fire fighting drills shall be held as often as necessary and at least once in every period of two months.
(13) Automatic sprinklers and fire hydrants shall be in addition and not in substitution of the requirements in sub-rules (10) and (11).
(14) If the Chief Inspector is satisfied in respect of any factory or any part of the factory that owing to the exceptional circumstances such as inadequacy of water supply or infrequency of the manufacturing process or for any other reason, to be recorded in writing, all or any of the requirements of the rules are impracticable or not necessary for the protection of workers, he may by order in writing (which he may at his discretion revoke) exempt such factory or part of the factory from all or any of the provisions of this rule subject to the conditions as he may by such order specify. Schedule I
80. Belts, etc., to be regularly examined:-
All belts shall be lat the joints are safe and the belts are at Proper tension.
81. Tight fitting clothing:-
(1) A dhoti wrapped round the body in any manner shall not be deemed to be tight fitting clothing within the meaning of sub-section (1) of Section 22.
(2) A worker required to wear tight fitting sub-section (1) of Section 22 shall be provided by the clothing which shall consist of at least a pair of closely fitting shorts and a closely fitting half sleeve shirts or vest. Such clothing shall be returned to the Occupier on the termination of service or when new clothing is provided.
82. Service Platforms, etc:-
(1) Whenever practicable and demanded necessary by the Inspector, service platforms and gang-ways shall be provided for overhead shafting, and where required by him these shall be securely fenced with guard-rails and toe-boards.
(2) Safe access shall be provided to all bearings, clutches, belt shifting levers and all such other appliances which are required to be handled or operated while the machinery is in motion.
(3) All ladders used in replacing belts or in attending similar overhead machinery shall be specially made for that work and provided with hooks or an effective non-skid device.
(4) No transmission machinery in motionery in waste, rags or similar materials held in hand.
(5) Every such person while oiling or attending to a prime movers shall wear tight fitting clothing.
(6) Each water-gauge glass of a boiler shall be fitted with an efficient guard.
83. Machinery and Plant:-
No machinery, plant, or equipments shall be constructed, situated, operated or maintained in any factory in such a manner as to cause risk of bodily injury.
84. Methods of work:-
No process of work shall be carried on in any factory in such a manner as to cause risk of bodily injury.
85. Stocking and storing of materials, etc:-
No material or equipment shall be stocked or stored in such a manner as to cause risk of bodily injury.
86. Electricity:-
1 [(1)] No electric installation shall be provided in a factory, so as to be dangerous to human life or safety in the opinion of the Inspector: Provided that the Inspector may issue an order in writing, specifying the arrangements necessary for adequate safety, in addition to what is provided under the provisions of Indian Electricity Act or Rules there under.
2 [(2) In the main switch board or switch boards of factories, there shall be provided earth leakage and over load relays. The earth leakage relay shall be so provided that the leakage current shall not cause electrocution or other hazard.]
87. Motor Vehicles Speed and light:-
(1) No Motor vehicle shall be permitted to be driven at a speed exceeding 16 k.m. per hour within the precincts of a factory: Provided that in case of large factories separated by considerable distances and having roads of ample width, the Chief inspector may grant exemption by an Order in writing from this rule, to such extent and on such terms as he deems suitable.
(2) No motor vehicle shall be driven at night within the precincts of a factory unless it confirms in respect of lights to the law in force on public roads in that locality.
88. Means of internal transport and layout:-
No railway or other electrical or mechanical means of transport or system of roadways or railways within the precincts of a factory, shall be constructed, situated, operated or maintained in such a manner as to cause risk or bodily injury to workers:
Provided that the Inspector may issue an order in writing, when he has reason to believe that there is imminent danger to human life, prohibiting use of such railway or roadways, till it is proved to his satisfaction that the danger is eliminated, not withstanding the provisions of any other Act. 1 [88.-A.
(1) Qualifications
(a) A person shall not be eligible for appointment as a Safety Officer unless he—
(i) Possesses a recognised degree in any branch of engineering or technology and has had practical experience of working in a factory in a Supervisory capacity for a period of not less than 2 years, or a recognised degree in physics or chemistry and has had practical experience of working in a factory in a supervisory capacity for a period of not less than 5 years, or a recognised diploma in any branch of engineering or technology and has had practical experience of working in a factory in a supervisory capacity for a period not less than 5 years;
(ii) Possesses a degree or diploma in industrial safety recognised by the State Government in this behalf; and
(iii) has adequate knowledge of the language spoken by majority of the workers in the region in which the factory where he is to be appointed is situated.
(b) Notwithstanding the provisions contained in clause (a), any person who
(i) possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5 years in a department of the Central or State Government which deals with the administration of the Factories Act, 1948, or the Indian Dock Labourers Act, 1934, or
(ii) possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5 years, full time, on training, education, consultancy, or research in the field of accident prevention in industry or in any institution; shall also be eligible for appointment as a Safety Officer:
Provided that the Chief Inspector may, subject to such conditions as he may specify, grant exemption from the requirements of this sub-rule, if in his opinion, suitable person possessing the necessary qualification and experience is not available for appointment:
Provided further that, in the case of a person who has been working as a safety officer for a period not less than 3 years on the date or commencement of this rule, the Chief Inspector may subject to such conditions as he may specify relax all or any or the above said qualifications.
(2) Conditions of Service
(a) Where the number of safety officers to be appointed in a factory as required by notification in the official gazette exceeds one, one of them shall be designated as the Chief Safety Officer and shall have a status higher than that of the others. The Chief Safety Officer shall be in overall charge of the Safety functions as envisaged in sub-rule (3) of the other safety officer working under his control.
(b) The Chief Safety Officer or the Safety Officer in the case of factories where only one Safety Officer is required to be appointed; shall be given in status of a senior executive and he shall work directly under the control of the Chief Executive of the factory. All other Safety Officers shall be given appropriate status to enable them to discharge their functions effectively.
(c) The scale of pay and the allowance to be granted to the Safety Officers including the Chief Safety Officer, and the other conditions of their service shall be the same as those of the other officers of corresponding status in the factory. (d) In the case of dismissal or discharge, a Safety Officer shall have a right to appeal to the State Government whose decision thereon shall be final.
(3) Duties of Safety Officers
(a) The duties of Safety Officers shall be to advise and assist the factory management in the fulfillment of its obligations, statutory or otherwise, concerning prevention of personal injuries and maintaining a safe working environment. Those duties shall include the following, namely—
(i) to advise the concerned departments in planning and organising measures necessary for the effective control of personal injuries;
(ii) to advise on safety aspects in all job studies and to carry out detailed job safety studies of selected jobs;
(iii) to check and evaluate, the effectiveness of the action taken or proposed to be taken to prevent personal injuries;
(iv) to advise the purchase and stores departments in ensuring high quality and availability of personal protective equipment;
(v) to provide advice on matters related to carrying out plant safety inspections;
(vi) to carry out plant safety inspections in order to observe the physical conditions or work and the work practices and procedures followed by workers and to render advice on measures to be adopted for removing the unsafe physical conditions and preventing unsafe action by workers;
(vii) to render advice on matters related to reporting and investigation of industrial accidents and diseases;
(viii) to investigate selected accidents;
(ix) to investigate the cases of industrial diseases contacted and dangerous occurrences reportable under rule 131.
(x) to advise on the maintenance of such records as are necessary relating to accidents, dangerous occurrences and industrial diseases;
(xi) to promote setting up of Safety Committees and act as adviser and catalyst to such committees;
(xii) to organise in association with the concerned departments, campaigns, competitions, contests and other activities which will develop and maintain the interest of the workers in establishing and maintaining safe conditions of work and procedure; and
(xiii) to design and conducting either independently or in collaboration with the training department, suitable training and educational programmes for the prevention of personal injuries.
(4) Facilities to be provided to safety officers:-
An occupier of the factory shall provide each safety officer with such facilities, equipment and information as are necessary to enable him to discharge his duties effectively.
(5) Prohibition of performance of other duties:-
No safety officer shall be required or permitted to do any work which is inconsistent with or detrimental to the performance of the duties prescribed in sub-rule (3).]
[88-B. Ovens and driers (1) This rule shall apply to ovens and driers, except those used in laboratories or Kitchens of any establishment, and those which have a capacity below three hundred and twenty-five litres.
(2) For the purpose of this rule, oven or drier means any enclosed structure, receptacle, compartment or box which is used for baking, drying or otherwise processing of any article or substance at a temperature higher than the ambient temperature of the air in the room or space in which the oven or drier is situated, and in which a flammable or explosive mixture of air and a flammable substance, is likely to be evolved, within the enclosed structure, receptacle, compartment or box or part thereof on account of the article or substance which is baked, dried or otherwise processed within it.
(3) Electrical power supplied to every oven or drier shall be by means of a separate circuit provided with an isolation switch.
(a) Every oven or drier shall be properly designed on sound engineering practice and be of good construction, sound materials and adequate strength, free from any patent defects and safe, if properly used.
(b) No oven or drier shall be taken into use in a factory for the first time unless a competent person has thoroughly examined all its parts and carried out the tests as are required, to establish that the necessary safe systems and controls provided for safety in operation for the processes for which it is to be used, and a certificate of such examination and tests signed by that competent person, has been obtained and is kept available for inspection.
(c) All parts of an oven or drier which has undergone any alteration or repair which has the effect of modifying any of the design characteristics, shall not be used unless a thorough examination and tests referred to in clause (b) have been carried out by a competent person, and a certificate of such (5) (a) Every oven or drier shall be provided with a positive and effective safety ventilation system using one or more motor-driven centrifugal fans, so as to dilute any mixture of air and any flammable substance that may be formed within the oven or drier and, maintain the concentration of the flammable substance in the air at a safe level of dilution. (b) The safe level of dilution referred to in clause (a) shall be to achieve a concentration of the concerned flammable substance in air of not more than twenty-five per cent of its lower explosive limit:
Provided that a level of concentration in air upto fifty per cent of the lower explosive limit of the concerned flammable substance may be permitted to exist subject to installation and maintenance of an automatic device which,—
(i) shows continuously the concentration of the flammable substances In air present in the oven or drier at any instant;
(ii) sounds an alarm when the concentration of the flammable substance in air in any part of the oven or drier reaches a level of fifty per cent of its lower explosive limit; and
(iii) shuts down the heating system of the oven or drier automatically when the concentration in air or the flammable substance in any part of the oven or drier reaches a level of sixty per cent of its lower explosive limit, is provided to the oven or drier and maintained in efficient working condition.
(c) No oven or drier shall be operated without its safety ventilation system working in an efficient manner.
(d) No oven or drier shall be operated with a level of dilution less than what is referred to in clause (b).
(e) Exhaust ducts of safety ventilation systems should be so designed and placed that their ducts discharge the mixture of air and flammable substance away from the workrooms, and not near windows or doors or other openings from where the mixture could re-enter the workrooms.
(f) The fresh air admitted into the oven or drier by means of the safety ventilation system shall be circulated adequately, by means of circulating fan or fans through all parts of me oven or drier, so as to ensure that there are no locations where the flammable substance can accumulate in the air or become pocketed to any dangerous degree.
(g) Throttling dampers in any safety ventilation system should be so designed by cutting away a portion of the damper or otherwise that, the system will handle at least the minimum ventilation rate required for safety, when they are set in their maximum throttling position.
(6) (a) Every oven or drier having an internal total space of not less than half cubic metre shall be provided with suitably designed explosion panels so as to allow release of the pressure of any possible explosion within the oven or drier through explosion vents. The area of openings to be provided by means of such vents together with the area of openings of any access doors which are provided with suitable arrangements for their release in case of an explosion, shall be not less than 2,200 square centimetres for every one cubic metre of volume of the oven or drier. The design or the explosion panels and doors as above said shall be such as to secure their complete release under an internal pressure of 0.25 Kg. per square centimetre.
(b) The explosion releasing panels, shall as far as practicable, be situated at the roof of the oven or drier or at those portions of the walls where persons do not remain in connection with operation of the oven or drier.
(7) In each oven or drier, efficient interlocking arrangements shall be provided and maintained to ensure that;
(i) all ventilating fans and circulating fans whose failure would adversely affect the ventilation rate or flow pattern, are in operation before any mechanical conveyer that may be provided for feeding the articles or substances to be processed in the oven or drier, is put into operation;
(ii) failure of any of the ventilating or circulating fans will automatically stop any conveyor as referred to in clause (i) and also stop fuel as may be provided as well as stop the fuel supply by closing the shut off valve and by shutting off the ignition in the case of gas or oil fired ovens, and switch off the electrical supply to the heaters in the case of electrically heated ovens;
(iii) the mechanical conveyor is set in operation before the above said shut off valve can be energised; and
(iv) the failure of the above said conveyor will automatically close the above said shut off valve in the case of ovens and driers heated by gas, oil or steam and deactivate the ignition system, or out off the electrical heaters in the case of electrically heated ovens or furnace.
(8) Every oven or drier heated by oil, gas, steam, or electricity shall be provided with an efficient arrangement for automatic ore-ventilation consisting of at least three volume changes with fresh air by operation of the safety ventilation fans and the circulating fans (if used) so as to effect purging of the oven or drier of any mixture of air and a flammable substance before the heating system can be activated and before the conveyor can be placed in position.
(9) Every oven or drier shall be provided with an automatic arrangement to ensure that the temperature within does not exceed a safe upper present limit to be decided in respect of the particular processing being carried on.
(10) Wherever materials are to be processed in ovens or driers in successive operations, suitable arrangement should be provided to ensure that the operating temperatures necessary for safe operation at each stage are maintained within the design limits.
(11) Effective arrangements shall be provided in every oven or drier to prevent dripping of combustible substances on electric heaters or burner flame used for heating.
(12) (a) All parts of every oven and drier shall be properly maintained and thoroughly examined and the various controls as mentioned in this rule, and the working of the oven or drier tested at frequent intervals to ensure its safe operation by a responsible person designated by the occupier or manager, who by his experience and knowledge of necessary precautions against risks of explosion, is fit to undertake such work;
(b) A register shall be maintained in which the details of the various tests carried out from time to time under clause (a) shall be entered and every such entry made shall be signed by the person making the tests.
(13) No person shall be assigned any task connected with operation of any oven or drier unless he has completed eighteen years of age and he is properly trained.
(14) (a) Printed fabric shall be thoroughly dried by passing them over drying cans or through hot flue or other equally effective means, before the same is allowed to pass through polymerising machines.
(b) Infra-red ray heaters of polymerising machines shall be cut off while running the prints. 1
[88-C. Safety Commitee (1) In every factory the Safety Committee shall consist of the following persons, namely.—
(2) The tenure of the Committee shall be for two years.
(3) Safety Committee shall meet as often as necessary but at least once in three months. The minutes of the meeting shall be recorded and produced before the Inspector on demand. The copy of the minutes of the meeting shall be furnished to the Inspector.
(4) Safety Committee shall have the right to be adequately and suitably informed of:—
(a) Potential safety and health hazards to which the workers may be exposed at workplace.
(b) Data on accidents as well as data resulting from surveillance of the working environment and of the health of workers exposed to hazardous substances so far as the factory is concerned, provided that the committee undertakes to use the data on a confidential basis, and solely to provide guidance and advice on measures to improve the working environment and the health and safety of the workers.
(5) Functions and duties of the Safety Committee shall include.— (a) assisting and co-operating with management in achieving the aims and objectives outlined in the 'Health and Safety Policy' of the occupier;
(b) dealing with all matters concerning health, safety and environment, and to arrive at practicable solutions to problems encountered;
(c) creating safety awareness amongst all workers;
(d) undertaking educational, training and promotional activities; (e) discussing reports on safety, environmental and occupational health surveys, safety audits, risk assessment, emergency and disaster management plans and implementation of "the recommendations made in the reports;
(f) carrying out health and safety surveys and identifying, the causes of accidents; looking into any complaint made on the likelihood of an imminent danger to the safety and health of the workers and suggesting corrective measures; and
(h) reviewing the implementation of the recommendations made by it. 1 [88-D. Application to Site Appraisal Committee:- Applications for appraisal of sites in respect of the factories covered under clause (cb) of Section 2 of the Act shall be submitted to the Chairman of the Site Appraisal Committee in Form No. 41 along with fifteen copies thereof.
1 [88-E. The Health and Safety Policy:-
(1) The occupier of every factory except the factories referred to in sub-rule (2), shall prepare a written statement of his policy in respect of health and safety of workers at work.
(2) All factories,—
(a) covered under Section 2(m)(i), but employing less than fifty workers;
(b) covered under Section 2(m)(ii), but employing less than hundred workers are exempted from requirements of sub-rule (1):
Provided that they are not covered under the First Schedule under Section 2 (cb) or carrying out process or operations declared to be Dangerous Operations under Section 87 of the Act.
(3) Notwithstanding anything contained in sub-rule (2), the Chief Inspector may require the occupiers of any of the factories or class or description or factories to comply with the requirements of sub-rule (1), if, in his opinion, it is expedient to do so.
(4) The health and safety policy should contain or deal with:
(a) declared intention and commitment of the top management to health, safety and environment and compliance with all the relevant statutory requirements;
(b) organizational set up to carry out the declared policy clearly assigning the responsibility at different levels; and
(c) arrangements for making the policy effective.
(5) In particular, the policy should specify the following:—
(a) arrangements for involving the workers;
(b) intention of taking into account the health and safety performance of individuals at different levels while considering their career advancement;
(c) fixing the responsibility of the contractors, subcontractors, transporters and other agencies entering the premises;
(d) providing a resume of health and safety performance of the factory in its Annual Report;
(e) relevant techniques and methods, such as safety audits and risk assessment for periodical assessment of the status on health, safety and environment and taking all the remedial measures;
(f) stating its intentions to integrate health and safety, in all decisions including those dealing with purchase of plant, equipment, machinery and material as well as selection and placement of personnel; and
(g) arrangements for informing, educating and training and retraining its own employees at different levels and the public, wherever required.
(6) A copy of the declared Health and Safety Policy signed by the occupier shall be made available to the Inspector having jurisdiction over the factory and to the Chief Inspector.
(7) The policy shall be made widely known by:—
(a) making copies available to all workers including contract workers, apprentices, transport workers, suppliers, etc.;
(b) displaying copies of the policy at conspicuous places; and
(c) any other means of communication in a language understood by majority of workers.
(8) The occupier shall revise the Safety Policy as often as may be appropriate, but it shall necessarily be revised under the following circumstances:—
(a) whenever any expansion or modification having implications on safety and health of persons at work is made; or
(b) whenever new substance(s) or articles are introduced in the manufacturing process having implications on health and safety of persons exposed to such substances.
1 [88-F. Collection and development and dissemination of information (1) The occupier of every factory carrying on a 'hazardous process' shall arrange to obtain or develop information in the form of Material Safety Data Sheet (MSDS), in respect of every hazardous substance or material handled in the manufacture, transportation and storage in the factory. It shall be accessible upon request to a worker for reference.
(a) Every such Material Safety Data Sheet shall include the following information:—
(i) The identity used on the label;
(ii) Hazardous ingredients of the substance;
(iii) Physical and Chemical characteristics of the hazardous substance;
(iv) The physical hazards of the hazardous substance, including the potential for fire, explosion and reactivity;
(v) The health hazards of the hazardous substance, including signs and symptoms of exposure, and any medical conditions which are generally recognised as being aggravated by exposure to the substance;
(vi) The primary route(s) of entry;
(vii) The permissible limits of exposure prescribed in the Second Schedule under Section 41-F of the Act, and in respect of a Chemical not covered by the said Schedule, any exposure limit used or recommended by the manufacturer, importer or occupier;
(viii) Any generally applicable precautions for safe handling and use of the hazardous substance, which are known, including appropriate hygienic practices, protective measures during repairs and maintenance of contaminated equipment, procedures for clean-up of spills and leaks;
(ix) Any generally applicable control measures, such as appropriate engineering controls, work practices, or use of personal protective equipment;
(x) Emergency and first aid procedures;
(xi) The date of preparation of the material safety data sheet, or the last change to it; and
(xii) The name, address and telephone number of the manufacturer, importer, occupier or other responsible party preparing or distributing the material safety data sheet, who can provide additional information on the hazardous substance and appropriate emergency procedures, if necessary.
(b) The occupier, while obtaining or developing a material safety data sheet in respect of a hazardous substance shall ensure that the information recorded, accurately reflects the scientific evidence used in making the hazard determination. If he becomes newly aware of any significant information regarding the hazards of a substance, or ways to protect against the hazards, this new information shall be added to the material safety data sheet as soon as practicable.
(c) An example of such material safety data sheet is given in the schedule to this rule.
(2) Labelling:- Every container of a hazardous substance shall be clearly labelled or marked to identify:
(a) the contents of the container;
(b) the name and address of the manufacturer or importer of the hazardous substances;
(c) the physical and health hazards; and
(d) the recommended personal protective equipment needed to work safely with the hazardous substance
1 [88-G. Disclosure of information to workers
(1) The occupier of a factory carrying on a 'hazardous process' shall supply to all workers the following information in relation to handling of hazardous materials or substances in the manufacture, transportation, storage and other processes, namely:—
(a) Requirements of Sections 41-B, 41-C, and 41-H of the Act;
(b) A list of Hazardous processes' carried on in the factory;
(c) Location and availability of all material safety data sheets as per Rule88-F;
(d) Physical and health hazards arising from the exposure to or handling of substances;
(e) Measures taken by the occupier to ensure safety and control of physical and health hazards;
(f) Measures to be taken by the workers to ensure safe handling, storage and transportation of hazardous substances;
(g) Personal Protective Equipment required to be used by workers employed in 'hazardous process' or 'dangerous operations';
(h) Meaning of various labels and markings used on the containers of hazardous substance as provided under Rule 88-F; (i) Signs and symptoms likely to be manifested on exposure to hazardous substances and to whom to report;
(j) Measures to be taken by the workers in case of any spillage or leakage of a hazardous substance;
(k) Role of workers vis-a-vis the emergency plan of the factory, in particular the evacuation procedures.
(1) Any other information considered necessary by the occupier to ensure safety and health of workers.
(2) The information required by sub-rule (1) shall be compiled and made known to workers individually through supply of booklets or leaflets and display of cautionary notices at the work places.
(3) The booklets, leaflets and cautionary notices displayed in the factory shall be in the language understood by the majority of the workers, and shall also be explained to them.
(4) The Chief Inspector may direct the occupier to supply further information to the workers as deemed necessary.
1 [88-H. Disclosure of Information to the Chief Inspector
(1) The occupier of every factory carrying on 'hazardous process' shall furnish, in writing, to the Chief Inspector a copy of all the information furnished to the workers.
(2) A copy of compilation of material safety data sheets in respect hazardous substances used, produced or stored in the factory shall be furnished to the Chief Inspector, and the local Inspector.
(3) The occupier shall also furnish any other information asked for by the Chief Inspector from time to time for the purpose of the Act and these rules.
1 [88-I. Information on Industrial Wastes (1) The information furnished under Rules 88-G and 88-H shall include the quantity of the solid and liquid wastes generated per day, their characteristics and the method of treatment such as incineration of solid wastes, chemical and biological treatment of liquid wastes, and arrangements for their final disposal.
(2) It shall also include information on the quality and quantity of gaseous waste discharged through the stacks or other openings, and arrangements such as provision of scrubbers, cyclone separators, electrostatic precipitators or similar such arrangements made for controlling pollution of the environment. (3) The occupier shall also furnish the information specified in sub-rules (1) and (2) to the State Pollution Control Board.
1 [88-J. Review of the Information furnished to workers, etc
(1) The occupier shall review once in every calendar year and modify, if necessary, the information furnished under Rules 88-G and 88-H to the workers and the Chief Inspector.
(2) In the event of any change in the process or operations or methods of work or when any new substance is introduced in the process or in the event of a serious accident taking place, the information so furnished shall be reviewed and modified to the extent necessary.
1 [88-K. Confidentiality of Information (1) The occupier of a factory carrying on 'hazardous process' shall disclose all information needed for protecting safety and health of the workers to:—
(a) his workers and
(b) Chief Inspector as required under Rules 88-G and 88-H.
(1) If the occupier is of the opinion that the disclosure of details regarding the process and formulations will adversely affect his business interests, he may make a representation to the Chief Inspector stating the reasons for withholding such information. The Chief Inspector shall give an opportunity to the occupier of being heard and pass an order on the representation.
(2) An occupier aggrieved by an order of Chief Inspector may prefer an appeal before the State Government within a period of 30 days. The State Government shall give an opportunity to the occupier of being heard and pass an order. The order of the State Government shall be final.
1 [88-L. Medical Examination
(1) Workers employed in a 'hazardous process' shall be medically examined by a qualified Medical Practitioner hereinafter referred to as Factory Medical Officer, in the following manner:—
(a) Once before employment, to ascertain physical fitness of the person to do the particular job;
(b) Once in a period of six months, to ascertain the health status of all the workers in respect of occupational health hazards to which they are exposed; and in cases wherein the opinion of the Factory Medical Officer it is necessary to do so, at a shorter interval in respect of any workers;
(c) The details of pre-employment and periodical medical examinations carried out as aforesaid shall be recorded in the Health Register in Form No. 16;
(d) The Manager of every hazardous factory shall maintain a sickness, absenteeism register in the Form No. 40 in duplicate;
(e) The copy of Form No. 40 shall be furnished to the Inspector for each calendar month on or before 15th of succeeding month.
(2) No person shall be employed for the first time without a Certificate of Fitness in Form No. 4 granted by the Factory Medical Officer. If the Factory Medical Officer declares a person unfit for being employed in any process covered under sub-rule (1), such a person shall have the right to appeal to the Inspector who shall refer the matter to the Certifying Surgeon whose opinion shall be final in this regard. If the Inspector is also a Certifying Surgeon, he may dispose of the application himself.
(3) Any findings of the Factory Medical officer revealing any abnormality or unsuitability of any person employed in the process shall immediately be reported to the Certifying Surgeon examine the concerned worker and communicate his findings to the occupier within thirty days. If the Certifying Surgeon is of the opinion that the worker so examined is required to be taken away from the process for health protection, he will direct the occupier accordingly, who shall not employ the said worker in the same process. However, the worker so taken away shall be provided with alternate placement unless he is, in the opinion of the Certifying Surgeon, fully incapacitated in which case the worker affected shall be suitably rehabilitated.
(4) A Certifying Surgeon on his own motion or on a reference from an Inspector may conduct medical examination of a worker to ascertain the suitability of his employment in a hazardous process or for ascertaining his health status. The opinion of the Certifying Surgeon in such a case shall be final. The fee required for this medical examination shall be paid by the occupier.
(5) The worker taken away from employment in any process under sub-rule (2) may be employed again in the same process only after obtaining the Fitness Certificate from the Certifying Surgeon and after making entries to that effect in the Health Register.
(6) The worker required to undergo medical examination under these rules and for any medical survey conducted by or on behalf of the Central or the State Government shall be not refuse to undergo such medical examination.
1 [88-M. Occupational Health Centres (1) In respect of any factory carrying on "hazardous process", there shall be provided and maintained in good order an Occupational Health Centre with the services and facilities as per scale laid down hereunder:—
(a) For factories employing upto fifty workers:—
(i) the services of a Factory Medical Officer on retainer ship basis, in his clinic to be notified by the occupier. He will carry out the pre-employment and periodical medical examination as stipulated in Rule 88-L and render medical assistance during any emergency.
(ii) a minimum of five persons trained in first-aid procedures amongst whom at least one shall always be available during the working period. (iii) a fully equipped first-aid box.
(b) For factories employing 51 to 200 workers:—
(i) an Occupational Health Centre having a room with a minimum floor area of 15 sq. m., with floors and walls made of smooth and impervious surface and with adequate illumination and ventilation as well as equipment as per the schedule annexed to this rule.
(ii) a part-time Factory Medical Officer shall be in overall charge of the Centre who shall visit the factory at least twice in a week and whose services shall be readily available during medical emergencies;
(iii) one qualified and trained dresser-cum-compounder on duty throughout the working period;
(iv) a fully equipped first aid box in all the departments; Explanation:- The room facilities include those required under sub-section (4) of Section 45 of the Act read with Rule 92.
(c) For factories employing above 200 workers:—
(1) (i) One full time Factory Medical Officer for factories employing upto 500 workers and one more Medical Officer for every additional 1000 workers or part thereof;
(ii) An Occupational Health Centre having at least 2 rooms each with a minimum floor area of 15 sq. metres with floors and walls made of smooth and impervious surface and adequate illumination and ventilation as well as equipment as per the schedule annexed to this rule.
(iii) There shall be one nurse, one dresser- cum-compounder and one sweeper-cumward boy throughout the working period;
(iv) The Occupational Health Centre shall be suitably equipped to manage medical emergencies.
(2) The Factory Medical Officer required to be appointed under sub-rule (1) shall have qualifications included in schedule to the Medical Degrees Act, 1916 or in the schedules to the Medical Council Act, 1956 and shall possess a Certificate of Training in Industrial Health of minimum three months duration recognised by the State Government:
Provided that:—
(i) a person possessing a Diploma in Industrial Health or equivalent shall not oe required to possess the certificate of training as aforesaid;
(ii) the Chief Inspector may, subject to such conditions as he may specify, grant exemption from the requirement of this sub-rule, if in his opinion, a suitable person possessing the necessary qualification is not available for appointment;
(iii) in case of a person who has been working as a Factory Medical Officer for a period of not less than three years on the date of commencement of this rule, the Chief Inspector may, subject to the condition that the said person shall obtain the aforesaid certificate of training within a period of three years, relax the qualification.
(3) The syllabus of the course leading to the above certificate, and the organisations conducting the course shall be approved by the Directorate General of Factory Advice Service and Labour Institutes or the State Government in accordance with the guidelines issued by the DG FASLI.
(4) Within one month of the appointment of Factory Medical Officer, the occupier of the factory shall furnish to the Chief Inspector the following particulars:—
(a) Name and address of the Factory Medical Officer;
(b) Qualifications;
(c) Experience, if any; and
(d) The provision under which he is appointed. Schedule Under Rule
1 [88-M Equipment for Occupational Health Centre in Factories
1. A glazed sink with hot and cold water also available
2. A Table with a smooth top atleast 180 cm x 105 cm.
3. Means for sterlising instruments
4. A couch
5. Two buckets or containers with close fitting lids
6. A kettle and spirit stove or other suitable means of boiling water
7. One bottle of spifitws ammoniac aromaticus (120 ml.)
8. Two kidney trays
9. Two medium size sponges
10. Four cakes of toilet, preferably antiseptic soap
11. Two glass tumblers and two wine glasses
12. Two clinical thermometers
13. Two teaspoons
14. Two graduated (120 ml.) measuring glasses
15. One wash bottle (1000 cc.) for washing eyes
16. One bottle (one litre) carbolic lotion 1 in 20
17. Three Chairs
18. One screen
19. One electric hand torch
20. An adequate supply of tetanus toxoid
21. Coramine liquid (60 ml.)
22. Tablets — antihistaminic, antispasmodic (25 each) 22. Syringes with needles - 2 cc, 5 cc. and 10 cc.
23. Two needle holders, big and small
24. Suturing needles and materials
25. One dissecting forceps
26. One dressing forceps
27. One scapel
28. One stethoscope
29. Rubber bandage—pressure bandage
30. Oxygen cylinder with necessary attachments
31. One blood pressure apparatus
32. One patellar hammer
33. One peak-flow metre for lung function measurement
34. One stomach wash set
35. Any other equipment recommended by the Factory Medical Officer according to specific need relating to manufacturing process.
36. In addition—
(1) For factories employing 51 to 200 workers:
1. Four plain wooden splints 900 mm. x 100 mm. x 6 mm.
2. Four plain wooden splints 350 mm. x 75 mm. x 6 mm.
3. Two plain wooden splints 250 mm. x 50 mm. x 12 mm.
4. One pair artery forceps
5. Injections — morphia, pethidine, atropine, adrenaline, coramine, novocan (2 each)
6. One surgical scissor (2) For factories employing above 200 workers:
1. Eight plain wooden splints 900 mm. x 100 mm. x 6 mm.
2. Eight plain wooden splints 350 mm. x 75 mm. x 6 mm.
3. Four plain wooden splints 250 mm. x 50 mm. x 12 mm.
4. Two pairs artery forceps
5. Injections - morphia, pethidine, atropine, adrenaline, coramine, novocan (4 each)
6. Two surgical scissors
1 [88-N. Ambulance Van
(1) In every factory carrying on 'hazardous process', there shall be provided and maintained in good condition, a suitably constructed ambulance van equipped with items under sub-rule (2) and manned by a full-time Driver cum Mechanic and a Helper, trained in first-aid, for the purposes of transportation of serious cases of accidents or sickness. The ambulance van shall not be used for any purpose other than the purpose stipulated herein and shall normally be stationed at or near to the Occupational Health Centre: Provided that a factory employing less than 200 workers, may make arrangements for a procuring such facility at short notice from a nearby hospital or other places, to meet any emergency.
(2) The Ambulance should have the following equipment:
(a) General — A wheeled stretcher with folding and adjusting devices, with the head of the stretcher capable of being tilted upward; — Fixed suction unit with equipment; — Fixed oxygen supply with equipment; — Pillow with case, Sheets, Blankets and Towels; — Emesis bag, Bed pan, Urinal and Glass.
(b) Safety Equipment — Flares with life of 30 minutes;—Floodlights; — Flashlights and Fire extinguisher dry powder type; — Insulated gauntlets.
(c) Emergency Care Equipment (i) Resuscitation — Portable suction unit, Portable oxygen units; — Bag-valve-mask, hand operated artificial ventilation unit; — Airways, Mouth gags, Tracheostomy adaptors; — Short spine board — I.V. Fluids with administration unit; — B.P. Manometer, Cugo and Stethoscope. (ii) Immobilization — Long and short padded boards — Wire ladder splints; — Triangular bandage — Long and short spine boards. (iii) Dressings — Gauze pads — 100 mm. x 100 mm. — Universal dressing 25 mm. x 900 mm. — Roll of aluminium foils; — soft roller bandages 150 mm. 5 mts.;, Adhesive tape in 75 mm. roll, Safety pins; — Bandage sheets, Burn jelly. (iv) Poisoning — Syrup of Ipecae and Activated Charcoal — Pre-packeted in doses and Snake-bite Kit; — Drinking water. (v) Emergency Medicines — As per requirement (under the advice of Medical Officer only)
[88-O. Decontamination facilities.—In every factory, carrying out 'hazardous process', the following provisions shall be made to meet emergency:—
(a) fully equipped first aid box;
(b) readily accessible means of drenching with water for washing by workers as well as for drenching the clothing of workers who have been contaminated with hazardous and corrosive substance; and such means shall be as per the scale
(c) a sufficient number of eye wash bottles filled with distilled water or suitable liquid, kept in boxes or cupboards conveniently situated and dearly indicated by a distinctive sign which shall be visible at all times.
1 [88-P. Making available Health Records to workers
(1) The occupier of every factory carrying out 'hazardous process' shall make available the health records including the record of worker's exposure to hazardous process or, as the case may be, under the following conditions:—
(a) Once in every six months or immediately after the medical examination whichever is earlier;
(b) If the Factory Medical Officer or the Certifying Surgeon, as the case may be, is of the opinion that the worker has manifested signs and symptoms of any notifiable diseases as specified in the third schedule of the Act;
(c) If the worker leaves the employment;
(d) If any one of the following authorities so direct;
(i) The Chief Inspector
(ii) The Health Authority of the Central or State Government
(iii) Commissioner of Workmen's compensation
(iv) The Director General, Employees State Insurance Corporation (v) The Director, Employees State Insurance Corporation; (Medical Benefits); and
(vi) The Director General, Factory-Advice Service and Labour Institutes. (2) A copy of the up-to-date health records including the record of worker's exposure to hazardous process or, as the case may be, the medical records shall be supplied to the worker on receipt of an application from him. X-ray plates and other medical diagnostic reports may also be made available for reference to his Medical Practitioner.
1 [88-Q- Qualifications, etc., of Supervisors (1) All persons who are required to supervise the handling or hazardous substances shall possess the following qualifications and experience, namely:—
(a) (i) A degree in Chemistry or Diploma in Chemical Engineering or Technology with 5 years experience; or
(ii) A Master's Degree in Chemistry or a Degree in Chemical Engineering or Technology with 2 years experience. The experience stipulated above shall be in process operation and maintenance in the Chemical Industry.
(b) The Chief Inspector may require the supervisor to undergo training in Health and Safety.
(2) The syllabus and duration of the above training and the organisations conducting the training shall be approved by the DGFASLI or the State Government in accordance with the guidelines issued by the DGFASLI.]
Chapter V Welfare
89. Washing Facilities:-
(1) There shall be provided and maintained in every factory for the use of employed persons adequate and suitable facilities for washing which shall include soap and nail brushes or other suitable means of cleaning and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.
(2) Without prejudice to the generality of the foregoing provisions, the washing facilities shall include:—
(a) a trough with taps or jets at intervals of not less than 61 cms., or
(b) wash-basins with taps attached thereto, or
(c) taps on stand-pipes, or
(d) showers controlled by taps, or
(e) circular trough of the fountain type, provided that the Inspector may, having regard to the needs and habits of the workers, fix the proportion in which the aforementioned types of facilities shall be installed.
(3) (a) Every trough and basin shall have a smooth impervious surface and shall be fitted with a waste-pipe and plug.
(b) the floor of ground under and in the immediate vicinity of every trough tap, jet, wash-basin, stand pipe and shower shall be so laid or finished as to provide a smooth impervious surface and shall be adequately drained.
(5) If female workers are employed, separate washing facilities shall be provided and so enclosed or screened that the interiors are not visible from any place where persons of the other sex work or pass. The entrance to such facilities shall bear conspicuous notice in the language understood by the majority of the workers "for Women only" and this shall also be indicated pictorially.
(6) The water supply to the washing facilities shall be capable of yielding at least 27 litres a day for each person employed in the factory and shall be from a source approved in writing by the Health Officer: Provided that where the Chief Inspector is satisfied that such an yield is not practicable, he may by certificate in writing permit the supply of a smaller quantity not being less than 4.54 litres per day for every person employed in the factory.
90. Facilities for storing and drying clothing:-
In all classes of factories specified in the Table below facilities for keeping clothing not worn during working hours and for the drying of wet clothing shall be provided. Such facilities shall include the provisions of separate rooms, pegs, lockers or any other suitable arrangement approved by Chief Inspector in each case.
Chapter VI Working Hours for Adults
105. Compensatory Holidays
(1) Except in the case of workers engaged in any work which for technical reasons must be carried on continuously throughout the day, the compensatory holidays to be allowed under subsection (1) of Section 53 of the Act shall be so spaced that not more than two holidays are given in one week.
(2) The Manager of the factory shall display, on or before the end of the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the following month and of the dates thereof, at the place at which the notice or periods of work prescribed under Section 61 is displayed. Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday. Compensatory holidays not granted within, the succeeding calendar month shall be paid in lieu of if workers desires.
(3) Any compensatory holidays to which a worker is entitled shall be given to him before he is discharged or dismissed or paid in lieu of and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal.
(4) (a) The Manager shall maintain a Register in Form 8, Showing compensatory holidays granted:
Provided that, if the Chief Inspector of Factories is of the opinion that any muster roll or Register maintained as part of the routine of the factory or return made by the Manager, gives in respect of any or all of the workers in the factory the particulars required for the enforcement of Section 53, he may, by order in writing, direct that such muster roll or register or return shall to the corresponding extent, be maintained in place or and be treated as the register or return required under this Rule for that Factory.
(b) The Register maintained under clause (a) shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand. 106.
Exemption from Section 58.—
(1) The following classes of adult workers are exempted from the provisions of Section 58, namely:— (1) Watch and Ward and Fire protection staff in all factories
(2) All workers in Newspaper Presses
(3) All workers in Iron and Steel, Aluminium Copper and Brass Rolling Mills
(4) All workers in Hotels and Restaurants
(5) Workers in public utility transport workshops (Where this exemption is considered necessary by the Chief Inspector)
(6) Any other classes of workers in the auxiliary sections of large factories where steam or electricity is generated or transformed for use in the factory, who may be declared to be so exempted in writing by the Chief Inspector on application by the Manager, in consideration of the essential or continuous nature or the duties involved.
(7) All workers in Tea Factories
(8) Any special class of workers in any other factory where overlapping shifts are considered necessary by the Chief Inspector. (2) Workers exempted under sub-rule (1) shall wear badges showing the ticket number, in distinctive colour supplied by the Manager while at work. A reference of the badges and their colour should be noted in the Register of adult workers and notice of periods of work.
Form T: Karnataka Form T Combined Muster Roll Cum Register Wages
107. Muster Roll for exempted factories:-
The Manager of every factory in which workers are exempted under Section 64 or 65 from the provisions of Section 51 or 54 shall keep a 1 [register of overtime and payment] in Form No. 9, showing the normal piece-work rate of pay, or the rate of pay per hour, of all exempted employees. In this muster roll the overtime hours of work and payments therefore of all exempted workers shall be correctly entered. The muster roll shall always be available to the Inspector.
(1) The cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed at the end of every wage period fixed under the provisions of the Payment of Wages Act, 1936.
(2) For the purpose of computing cash equivalent of the advantage accruing through the concessional sale of a worker or foodgrains and other articles, the difference between the value of foodgrains and other articles at the average rates in the nearest market during the wage period in which overtime was worked and value of foodgrains and other articles supplied at concessional rates shall calculated and allowed for the number of overtime hours worked.
(3) The provisions of this rule shall not apply to any Railway Factory whose alternative method of computation has been approved by the State Government.
109. Overtime work:-
The period of overtime, worked shall be entered in overtime slips in duplicate a copy of which duly signed by the Manager, or by a person duly authorised by him, shall be given to the worker immediately after completion of the overtime work.
110. Restriction of double employment:- An adult worker may be employed in more than one factory on the same day, with the previous approval of the Inspector subject to the following conditions:—
(1) He shall not be employed foe more than nine hours in all on any one day.
(2) He shall receive a weekly holiday in accordance with the provisions of Section 52.
111. Notice of periods of work:-
1 [(1)] The notice of periods of work for adult workers shall be in Form 10 on the commencement of the rules or of any change in notice.
2 [(2) The notice of displayed under sub-rule (1) shall be both in English and Kannada.]
112. Register of Adult Workers:-
The register of Adult Workers shall be in Form 11 and shall be maintained in accordance with the following provisions:—
(1) Where a worker is transferred from one group to another, or from one relay to another, the particulars or his transfer shall be entered against his name before hand: Provided that in case sufficient details of transfer of worker from one group or relay to another are shown in the muster roll, such entries need not be shown in this register.
(2) Where a worker is discharged from or leaves his employment the date of his leaving or discharge as the case may be, shall be entered against his name in the "Remarks" column.
(3) All entries in the register shall be in ink and shall be legible.
[116. Exemption of certain adult worker (1) Adult workers engaged in the factories specified in column (3) of the Schedule below, on the specified column (4) shall be exempted as specified in columns (5) and (6) thereof.
Chapter VII Employment of Young Persons
117. Notice of periods of work for children:-
The Notice of periods of work for child workers shall be in Form 12, and it shall be displayed in the manner prescribed in sub-section (2) of Section 108 of the Act.
118. Register of child workers:-
The register of child workers shall be in Form 13 and shall be maintained in accordance with the following provisions:—
(1) Where a child is transferred from one group to another, or from one relay to another, the following particulars of his transfer shall be entered against his name:—
(a) under the group or- relay from which he has been transferred — the date and actual time of finishing work in the group or relay; and
(b) under the group or relay to which he has been transferred — the date and actual time of commencing work in the group or relay.
(2) Where a child is discharged from or leaves his employment, the date of his leaving or discharge, as the case may be, shall be entered against his name in the 'Remarks" column.
(3) All entries in the Register shall be made in ink and shall be legible.
Chapter VIII Leave with wages
119. Leave with Wages Register
(1) The Manager shall keep a register in Form 14, hereinafter called the Leave with Wages Register:
Provided that if the Chief Inspector is of the opinion that any muster roll or register maintained as a part of the routine of the factory, or return made by the Manager, gives, in respect of any or all of the workers, in the factory, the particulars required for the enforcement of Chapter VIII of the Act, he may, by order in writing, direct that such muster roll or register or return shall to the corresponding extent, be maintained in place of and treated as the register or return required under this Rule in respect of that Factory:
Provided further that in case of a worker who is discharged from service at the end of his work every year, the Inspector by written order, may accept any other abridged form of leave with wages register, so that wages in lieu of leave with wages accrued may be readily foreseen.
(2) The cash equivalent of the advantage accruing through the concessional sale of foodgrains and other articles, payable to workers proceeding on leave shall be the difference between the value of the average rates in the nearest market prevailing during the month immediately preceding his leave and the value at the concessional rates allowed of foodgrains and other articles he is entitled to. For the purpose of each cash equivalent, monthly average market rate of foodgrains and other articles shall be computed at the end of the month.
120. Preservation of Register:-
The Leave with Wages Register shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.
121. Leave Book
(1) The Manager shall provide each worker who has become entitled to leave during a calendar year, with a book in Form 15 (hereinafter called the leave book) not later than the 31st January of that year. The leave book shall be the property of the worker and the Manager or his agent shall not demand it except to make entries of the dates of holidays or interruptions in service, and shall not keep it for more than a week at a time:
Provided that in the case of a worker who is discharged or dismissed from service during the course of the year who is covered by. Sub-section (3) of Section 79, the Manager shall issue an abstract from the" "Register of Leave with Wages" (Form 15) within a week from the date of discharge or dismissal as the case may be. (2) If a worker loses his leave book, the Manager shall provide him with another copy on payment of fifteen paise, and shall complete it from his record.
122. Medical Certificate:-
If any worker is absent from work due to his illness and he wants to avail himself of the leave with wages due to him to cover the whole or part of the period of his illness, under the provisions of clause (7) of Section 79, he shall, if required by the Manager, produce a Medical Certificate signed by a registered Medical Practitioner or by a registered or recognised Vaia or Hakim stating the cause of absence and the period for which the worker is in the opinion of such Medical Practitioner, Vaid or Hakim, unable to attend to his work, or other reliable evidence to prove that he was actually sick during the period for which leave is to be availed of.
123. Notice to Inspector of involuntary unemployment:-
The Manager shall give, as soon as possible, a notice to the Inspector of every case of involuntary unemployment of workers, giving numbers of unemployed and me reason for their unemployment. Entries to this effect shall be made in the Leave with Wages Register and the Leave Book in respect of each worker concerned.
124. Notices by worker and Manager
(1) Before or at the end of every calendar year, a worker, who may be required to avail in accordance with sub-section (8) of Section 79 of the Factories Act, 1948, may give notice to the Manager of his intention not to avail himself of the leave with wages falling due during the following calendar year. The Manager shall make an entry to that effect in the Leave with Wages Register and in the Leave Book of the worker concerned.
(2) The Manager shall cause a notice to be displayed giving the names of all workers whose leave, which has been carried forward, has reached the maximum limit allowed under the first proviso to sub-section (5) of Section 79, as soon as possible in the first quarter of each calendar year. The notice shall state that no further leave can be carried forward and that application for leave shall be made within one month from the date of the notice. A copy of the notice shall be given to each worker concerned. A copy shall also be delivered at the Office of the Inspector of Factories.
125. Suitability of Leave period
(1) As far as circumstances permit, members of the same family, comprising husband, wife and children, shall be allowed leave on the same date.
(2) A worker may exchange the period of his leave with another worker, subject to the approval of the Manager.
126. Payment of Wages if a worker dies:-
If a worker dies before he resumes work, the balance of his pay due for the period of leave with wages not availed of shall be paid to his nominee within one week of the intimation of the death of the worker. For this purpose, each worker shall submit a nomination in Form 25 duly signed by himself and attested by two witnesses. The nomination shall remain in force until it is cancelled or revised by a fresh nomination.
127. Register to be maintained in case of exemption under Section 84
(1) Where an exemption is granted under Section 84, the Manager shall maintain a register showing the leave due, the leave taken and wages granted in respect of each worker.
(2) He shall display, at the main entrance of the factory, a notice giving the full details or the system established in the factory for leave with wages and shall send a copy of it to the Inspector.
(3) No alteration shall be made in the scheme approved by the State Government at the time of the granting of exemption under Section 84 without its previous sanction.
128. Exemption from the provisions of Rules 119 to 127:-
The Chief Inspector may grant exemption from all or any of the provisions of Rules 119 to 127 in respect of all or any of the workers in any factory subject to such conditions as he may impose.
Chapter IX Special Provisions
129. Dangerous manufacturing processes or operations
(1) The following manufacturing processes or operations when carried on in any factory are declared to be dangerous manufacturing processes or operations under Section 87, namely:—
(i) Manufacture of aerated water and processes incidental thereto.
(ii) Electrolytic plating or oxidation of metal articles by use of an electrolyte containing acids, bases or salts of metals such as chromium, nickel, cadmium, Zinc, Copper, Silver, Gold, etc.
(iii) Manufacture and repair of electric accumulators,
(iv) Glass Manufacture,
(v) Grinding or glazing of metals.
(vi) Manufacture and treatment of lead and certain compounds of lead.
(vii) Generating petrol gas from petrol.
(viii) Cleaning or smoothing, roughening, etc., of articles by a jet of sand, metal shot or grit or other abrasive propelled by blast of compressed air or steam.
(ix) Liming or tanning of raw hides and skins and processes incidental thereto.
(x) Certain lead processes carried on in printing presses and type foundries.
(xi) Manufacture of pottery,
(xii) Chemical works
(xiii) Manipulation of stone or any other materials containing free silica.
(xiv) Handling and processing of asbestos, manufacture of any article of asbestos and any other process of manufacture or other wise in which asbestos is used in any form.
(xv) Handling or manipulation of corrosive substances.
(xvi) Compression of oxygen and hydrogen produced by the electrolysis of water.
(xvii) Process of extracting oils and fats from vegetable and animal sources in solvent extraction plants.
(xviii) Manufacture of manipulation of manganese and its compounds.
(xix) Manufacture or manipulation of dangerous pesticides. (xx) Manufacture, handling and usage of benzene and substances containing benzene.
(xxi) Manufacturing process or operations in Carbon-di- sulphide plants.
(xxii) Manufacture or manipulation of carcinogenic dye intermediates.
(xxiii) Operations involving high noise levels, (xxiv) Manufacture of rayon by viscose process,
(xxv) Highly flammable liquids and flammable compressed gases. (xxvi) Operations in Foundries. Explanation:- For the purpose of this rule: "first employment" means employment for the first time in a hazardous process or operation so notified under Section 87, or re-employment therein after cessation of employment in such process or operation for a period exceeding three calendar months.
(2) The provisions contained in the schedule annexed to this rule (hereinafter referred to as 'the schedules') shall apply to every class or description of factory wherein dangerous manufacturing processes or operations specified in each of the schedule are carried on.
(3) (a) The occupier of every factory shall, for the purpose of medical examinations of workers to be carried out by the Certifying Surgeon as required by the provisions in the schedules shall pay fees at the rate of rupees five per examination of each worker every time he is examined.
(b) The fees payable under clause (a) shall be exclusive of any charges for biological, radiological or other tests which may have to be carried out in connection with the medical examinations. Such charges shall also be payable by the occupier;
(c) The fees payable for medical examinations shall be paid into local treasury under the head of account "087 Labour And Employment, (4) Fees Realised under the Factories Act, 1948".
(4) Notwithstanding anything contained in the schedules the Inspector may, by issue of orders in writing to the Manager or occupier, or both, direct them to carry out such measures and within such time, as may be specified in such order, with a view to removing conditions dangerous to the health of the workers or to suspend any process where such process constitutes in the opinion of the Inspector, an imminent danger of poisoning or toxicity.
(5) Any register or record of medical examinations and tests connected therewith required to be carried out under any of the schedules in respect of any worker shall be kept readily available to the Inspector and shall be preserved till the expiry of one year after the worker ceases to be in employment of the factory.
Chapter X
132. Procedure in appeals
(1) An appeal presented under Section 197 shall lie to the Chief Inspector, or in cases where the order appealed against is an order passed by that officer, to the State Government or to such authority as the Government may appoint in this behalf and shall be in the form of a memorandum setting forth concisely the grounds of objections to the order and bearing court fees stamps in accordance with Article 11 of Schedule II to the Karnataka Court Fees and Suits Valuation Act, 1958 and shall be accompanied by a copy of the order appealed against.
(2) On receipt of the memorandum of appeal, the appellate authority shall, if it thinks fit or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body declared under sub-rule (3) to be representative of the industry concerned, to appoint an assessor within a period of 14 days. If an assessor is nominated by such body, the appellate authority shall appoint a second assessor itself. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector whose order is appealed against, and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal.
(3) The appellant shall state in the memorandum presented under sub-rule (1) whether he is a member of one or more of the following bodies:—
(1) The Karnataka Chamber of Commerce
(2) The Karnataka State Estate Labour Relations Organisation (MPA), Kumergode Estate, Mudigere
(3) The Indian Planters, Association, Chikkamagalur, or
(4) Other organisation of employees in the Industry concerned if any
(5) Karnataka Chamber of Commerce, Hubli
(6) South Kanara Chamber of Commerce, Mangalore
(7) Bellary Chamber of Commerce, Bellary. The body empowered to appoint the assessor shall;
(a) if the appellant is a member of one such bodies, be the body; (b) if he is a member of two such bodies, be the body which the appellant desires should appoint such assessor, and
(c) if the appellant is not a member of any of the aforesaid bodies or if he does not state in the memorandum which of such bodies, he desires should appoint the assessor, be the body which the appellant authority considers as the best fitted to represent the industry concerned.
(4) An assessor appointed in accordance with the provisions of sub-rule 2 and 3 shall receive for the hearing of the appeal, a fee to be fixed by the appellate authority, subject to a maximum or fifty rupees per diem. He shall also receive the actual travelling expenses. The fees and travelling expenses shall be paid to the assessors by Government, but where assessors have been appointed at the request of the appellant or the appeal has been decided wholly or partly against him the appellate authority may direct that the fees and travelling expenses of the assessors shall be paid in whole or in part by the appellant.
133. Display of notices
(1) The abstract of the Act and of the rules required to be displayed in every factory shall be in form 19.
(2) All the registers and forms prescribed to be maintained under these rules shall be maintained in English or in Kannada. 134. Returns:-
The Manager of every factory shall furnish to the Inspector or other officer appointed by the State Government having jurisdiction over the area in which the factory is situated the following returns:—
(1) Combined Annual Return:- On or before 1st February of each year, a combined annual return, in duplicate in Form 20.]
(2) Annual return of holidays:- Before the end of each year, a return giving notice of all the days on which it is intended to close the factory, during the next ensuing year. If in any year a factory is newly started or re-started after a closure during the previous year such return shall be submitted before the date of such starting or restarting for the remaining period of year. This return shall be submitted whether the factory is or is not working during the year preceding the year to which the return relates:
Provided that the Chief Inspector may dispense with this return in the case of any specified factory or of any class of factories or of factories in any particular area: Provided further that the annual return of holidays shall be dispensed with in case of all factories: (a) which regularly observe Sundays as holidays, or
(b) which regularly observe a fixed day in the week as a holiday, or (c) which observe holidays according to a list approved by the Chief Inspector: Provided, also where the Manager of any factory makes any departure from such a holiday or list of holidays as aforesaid prior intimation shall be given to the Chief Inspector.
(3) Half year return:- The Manager of every factory shall furnish to the Inspector on or before the 15th July, of each year, a half-yearly return in duplicate in Form No. 21.
(4) Leave with Wages:- Annual Returns: The Manager of every factory shall furnish to the Inspector not later than the 1st February of the year subsequent to that to which it relates a return in Form No. 20.
(5) Compensatory holidays:- Annual Returns: The Manager of every factory shall furnish to the Inspector not later than the 1st February of the year subsequent to that which it relates a return in Form No. 20.
(6) Canteen:- Annual Return: The Manager of every factory notified by the State Government wherein more than 250 workers are ordinarily employed shall furnish to the Inspector not later than the 1st February of the year subsequent to that to which it relates a return in Form No. 20.
(7) Creche:- Annual Return: The Manager of every factory wherein more than 50 women workers are ordinarily employed and provided creches shall furnish to the Inspector not later than 1st February of the year subsequent to that to which it relates a return in Form No. 20.
(8) Shelter, Rest-rooms and Lunch rooms:- Annual return: The Manager of every factory wherein more than 150 workers are ordinarily employed shall furnish to the Inspector not later than the 1st February of the year subsequent to that to which it relates a return in Form No. 20.
(9) Accident Annual Return:- The Manager of every factory shall furnish to the Chief Inspector not later than the 1st February of the year subsequent to that to which it relates a return in Form No. 20:
Provided that in the case of factory in which work is carried on only during certain period or periods of the year, the Manager shall if so required by the State Government or if the State Government so directs, through the Chief Inspector of Factories, submit the annual or half-yearly return as the case may be within 15 days after the dose of that period or after close of the last of those periods in the year as the case may be.
136. Information required by the Inspector:-
The occupier, owner or manager of a factory shall furnish any information that an Inspector may require for the purpose of satisfying himself whether any provision of the Act has been complied with or whether any order of an Inspector has been duly carried. Any demand by an Inspector for any such information, if made, during the course of an inspection, shall be complied forthwith if the information is available in the factory, or, if made in writing shall be complied within seven days of receipt thereof.
137. Muster Roll
(1) The Manager of every factory shall maintain a muster-roll 1 [cum-register of wages/salary] of all the workers employed in the factory in Form No. 22 showing.— Inserted by Notification No. L (a) the name of each worker (b) the nature of his work, (c) groups and relays if any, and (d) the daily attendance of the worker:
Provided that if the daily attendance is noted in the Register of Adult workers in Form 11 or the particulars required under this rule are noted in any other register a separate muster-roll required under this Rule need not be maintained.
(2) The 2 [muster-roll-cum-register of wages/salary] shall be written up afresh each month and shall be preserved for a period of 3 years from the date of last entry in it: Provided that if the daily attendance is noted in respect of Adult and Child Workers in the Register of workers in Forms 11 and 13 respectively, or the particulars required under sub-rule (1) are noted in any other register, and such registers are prperved for a period of 3 years from the date of last entry in them, a separate 3 [muster-roll-cum-register of wages/salary] required under sub-rule (1) shall not be maintained.
138. Register of accidents and dangerous occurrences
(1) The Manager of every factory shall maintain a register of all accidents and dangerous occurrences which occur in the factory in Form 23 showing the: (a) Name of injured person (if any). (b) Date of accident or dangerous occurrence. (c) Date of report in Form No. 17 to Inspector. (d) Nature of accident or dangerous occurrence. (e) Date of return of injured person to work. (f) Number of days of absence from work of injured person.
(2) The manager shall furnish to the Inspector at the end of every month a return snowing name of injured person, date of accident, number of days of absence from work if he returned to work.
139. Maintenance of Inspection Book
(1) The Manager of every factory shall maintain a bound Inspection Book of the Size 34 cm. x 22 cm, containing the following particulars and shall produce it when so required by the Inspector or certifying Surgeon for recording his observations: (a) the exemptions granted or available of by the factory in Form 28. (b) the particulars of rooms in the factory in Form 29. (c) the particulars of lime washing, colour-washing, painting, varnishing or tarring as the case may be, in Form 6. (d) The Inspection Book shall contain at least 180 pages, every third page thereof shall be consecutively numbered and the other two un-numbered pages between each two consecutively numbered pages shall have a vertical perforated straight line on the margin side at a margin of 2.5 cm.
(2) In case the Inspection Book containing remarks passed by the Inspector or Certifying Surgeon is lost the manager of the factory shall forthwith report in writing the loss of the Inspection Book to the Inspector in charge of the area and immediately maintain a new inspection Book.
(3) The Manager shall obtain as early as possible copies of all available remarks from the factory Inspection Officer concerned at his cost on payment of necessary typing charges as prescribed.
140. The particulars of measurements of each room in the factory in which workers are employed shall be entered in Form 29.
141. (1) The maximum number of workers who may be employed in each work-room or workhall shall be posted prominently by means of a notice painted on the internal wall in each such room or hall. When determining the maximum number of persons permissible in addition to the breathing space required to be provided by Section 16(2), floor space of 2.3 square metres in the case of existing factors and 3.3 square metres in factories built after the commencement of the Act, shall also be provided for each worker working at any one time in the room but such floor space shall be exclusive of the space occupied by machinery, fixtures and materials in the room.
(2) The chief inspector may for reasons to be recorded in writing relax the provisions of this rule to such extent as he may consider necessary where in his opinion, such relaxation can be made having regard to the health of the persons employed in any room.
142. Intimation of intended closure of factory:-
The occupier or manager of every factory shall report to the inspector, any intended closure of the factory or any section or department thereof immediately it is decided to do so, intimating:—
(i) the reason for the closure;
(ii) the number of workers on the register on the date of report;
(iii) the number of workers likely to be affected by the closure;
(iv) the probable period of the closure; and [(iv) (a) The particulars and quantity of chemicals stored and action taken or proposed to be taken to ensure safety for those chemicals while in storage during such closure;]
(v) details and arrangements of payments in lieu of leave with wages to workers whose services are terminated. An intimation shall also be sent to the inspector before the factory or the section or the department thereof, as the case may be, starts working again.
How Deskera Can Assist You?
Deskera People has the tools to help you manage your payroll, leaves, employee onboarding process, and managing employee expenses, all in a single system. Features like a flexible payment schedule, custom payroll components, detailed reports, customizable pay slips, scanning and uploading expenses, and creating new leave types make your work simple.
Key Takeaways
We've reached the conclusion of this guide. Let's go through some of the most crucial factors to keep in mind:
- The Factories Act is an act of social legislation established to ensure the safety, health, and welfare of workers at work. The Karnataka Factories Rules, 1969, are the rules that the state of Karnataka has formulated in accordance with the Act.
- If the Chief Inspector of Factories is of the opinion that any muster roll or Register maintained as part of the routine of the factory or return made by the Manager, gives in respect of any or all of the workers in the factory the particulars required for the enforcement of Section 53, he may, by order in writing, direct that such muster roll or register or return shall to the corresponding extent, be maintained in place or and be treated as the register or return required under this Rule for that Factory.
- The Register maintained under clause (a) shall be preserved for a period of three years after the last entry in it and shall be produced before the Inspector on demand.In this muster roll the overtime hours of work and payments therefore of all exempted workers shall be correctly entered. The muster roll shall always be available to the Inspector.
- Where a worker is transferred from one group to another, or from one relay to another, the particulars or his transfer shall be entered against his name before hand: Provided that in case sufficient details of transfer of worker from one group or relay to another are shown in the muster roll, such entries need not be shown in this register.
- The Manager shall keep a register in Form 14, hereinafter called the Leave with Wages Register: Provided that if the Chief Inspector is of the opinion that any muster roll or register maintained as a part of the routine of the factory, or return made by the Manager, gives, in respect of any or all of the workers, in the factory, the particulars required for the enforcement of Chapter VIII of the Act, he may, by order in writing, direct that such muster roll or register or return shall to the corresponding extent, be maintained in place of and treated as the register or return required under this Rule in respect of that Factory
- Muster Roll (1) The Manager of every factory shall maintain a muster-roll 1 [cum-register of wages/salary] of all the workers employed in the factory in Form No. 22 showing.— Inserted by Notification No. L (a) the name of each worker (b) the nature of his work, (c) groups and relays if any, and (d) the daily attendance of the worker:
- Provided that if the daily attendance is noted in the Register of Adult workers in Form 11 or the particulars required under this rule are noted in any other register a separate muster-roll required under this Rule need not be maintained.
Related Articles
RVJ
RVJ
RVJ
Nalini
