Kashyap has recently joined an establishment in Maharashtra that is involved with lime washing, painting, etc. While he is aware that he will be required to fill out one or several compliance forms in regards to the service he delivers in this genre, he fails to understand the nuances of Form 8: Record of Lime Washing, Painting, etc.
What would you recommend him to do next?
To answer this question, I have written this article, elaborating on some key points of Maharashtra Factories Rules, 1963 and the Form 8: Record of Lime Washing, Painting, etc. within it.
In order to comply with all the statutory requirements as per the Maharashtra Factories Rules, Form 8 needs to be filled. Form 8 will be where a record of dates on which white-washing, color-washing, varnishing, etc., was carried out will be entered in a register maintained in Form 8.
Considering that Form 8 is a matter of compliance, it is important to better understand the Act of which it is a part. To help you with it, this article will be covering the following topics:
- Maharashtra Factories Rules, 1963
- Applicability of the Maharashtra Factories Rules, 1963
- Compliance Forms under Maharashtra Factories Rules, 1963
- Rules of Maharashtra Factories Rules, 1963 that Requires Form 8
- Exemption of Certain Adult Workers Related to Lime-Washing, Painting, etc. under Maharashtra Factories Rules, 1963
- What is Form 8: Record of Lime-Washing, Painting, etc., under the Maharashtra Factories Rules, 1963?
- How Can Deskera Help You?
- Key Takeaways
- Related Articles
Maharashtra Factories Rules, 1963
The Maharashtra Factories Rules Act is social legislation that was enacted to ensure the occupational safety, health, and welfare of workers at their workplace. The provisions and the rules of this Act extend to the whole state of Maharashtra.
In these rules, unless the context otherwise requires,
- “act” means the Factories Act, 1948
- “Form” means a form appended to these rules.
The Maharashtra Factories Rules, 1963 comprises 9 chapters and 32 forms, of which 5 forms are now omitted. The provisions that this Act consists of are:
- Chapter I - Title descriptions, definitions
- Chapter II - The inspecting staff
- Chapter III - Health
- Chapter IV - Safety
- Chapter IV A
- Chapter V - Facilities and amenities to workers, including women
- Chapter VI - Working hours of adults
- Chapter VII - Employment of young persons
- Chapter VIII - Annual leave with wages
- Chapter IX - Special provisions
As the above-mentioned heads of the provisions show, the Maharashtra Factories Rules, 1963, did indeed lay down a strong foundation to ensure the overall safety and well-being of its workers. In its provisions lay the rules that regulate the working hours and conditions, rules for employment of younger individuals and children, annual leaves and wages including overtime pay, holidays, and many more such relevant aspects.
Applicability of the Maharashtra Factories Rules, 1963
This Act is applicable to all the factories, including those owned and operated by the State Government and Central Government, on the premises wherein:
- There are at least 10, or more workers are employed for a manufacturing activity with the use of power
- 20 or more workers are employed for a manufacturing activity without the use of power
- Less than 10 workers who are engaged in manufacturing activity, and if the activity is notified by the State Government
Compliance Forms under Maharashtra Factories Rules, 1963
The forms that need to be filled under this Act to ensure compliance and fulfill the main purpose of this Act are:
- Form 8: Record of Lime Washing, Painting, etc.
- Form 10: Register of Worker attending to machinery
- Form 17: Register of Adult Workers
- Form 20: Leave with Wages
- Form 29: Muster Roll
- Form 30: Accidents and Dangerous Occurrences
Rules of Maharashtra Factories Rules, 1963 that Requires Form 8
Under the Maharashtra Factories Rules, 1963, the rules which require Form 8: Record of Lime Washing, Painting, etc. are:
- Rule 20: Record of White-Washing, etc. - This requires a record of dates to be maintained on which color-washing, white-washing, varnishing, etc., was carried out. The entry for the same needs to be made in a register maintained in Form 8. This rule is prescribed under sub-section (1) of section 11 and section 12 of the Maharashtra Factories Rules, 1963.
- Rule 51: White-washing, color-washing of latrines and urinals - At least once in every period of four months, the ceiling, walls, and partition of every urinal and latrine shall be color-washed or white-washed, only to be repeated again in the next period of four months. The dates on which the color-washing or white-washing is carried out need to be entered in the prescribed register in Form 8.
Note: Rule 51 does not apply when the urinals and latrines, and the ceilings, walls, or partitions are laid in glazed tiles or otherwise finished to provide a smooth, polished impervious surface. These then need to be washed with suitable disinfectants and detergents at least once in every period of four months for rule 51 to continue being inapplicable.
- Rule 79 (8-a): In every canteen,
- All the inside rooms or walls and all passages, ceilings, and staircases shall have to be color-washed or lime-washed at least once in each year, or they need to be painted at least once in three years, dating from the period when it was last painted or lime-washed, as the case may be.
- All the woodwork shall be painted or varnished once in every three years, dating from the period when it was last painted or varnished.
- All the internal structural steel or ironwork must be painted or varnished once in three years, dating from the period when it was last painted or varnished. The condition here, however, is that the inside walls of the kitchen shall be lime-washed once in every four months.
- Rule 79 (8-b): In the prescribed register in Form 8- Record of lime-washing, painting, etc., the dates on which color-washing, painting, lime-washing, or varnishing was carried out will have to be maintained properly.
Exemption of Certain Adult Workers Related to Lime-Washing, Painting, etc. under Maharashtra Factories Rules, 1963
The exemption of certain adult workers related to lime-washing, painting, etc., are:
However, these exemptions are subject to the following conditions:
- No woman worker shall be required or allowed to work for more than nine hours in any day.
- Except in respect of exemption under clause (a) of sub-section (2) of section 61 of the Maharashtra Factories Rules, the following limits of work inclusive of overtime shall be observed, namely:
- The total number of hours or work on any day shall not exceed ten.
- The spread over, inclusive of intervals for rest, shall not exceed twelve hours on any one day.
- The total number of hours in a week, including the overtime hours, shall not exceed sixty.
- The total number of hours of overtime shall not exceed fifty for any one quarter.
Note: The limits imposed by clauses 1 and 2 above will not be applicable in the case of a shift worker engaged in factories specified against some categories as exemptions under the Maharashtra Factories Rules, and the said worker is allowed to work the whole or part of the subsequent shift in the absence of a worker who has failed to report for duty.
What is Form 8: Record of Lime-Washing, Painting, etc., under the Maharashtra Factories Rules, 1963?
Form 8 under the Maharashtra Factories Rules, 1963 is a record of lime-washing, painting, etc., that must be maintained by all the employers, as assigned to the managers of their establishment.
Form 8: Record of Lime-Washing, Painting, etc., requires the following details to be filled out in order to comply with the Maharashtra Factories Rules:
- Parts of the factory. E.g. name of the room - canteen
- Parts lime-washed, painted, varnished, or oiled. E.g. ceilings, walls, woodwork, etc.
- Treatment given- whether it was painted, lime-washed, varnished, or oiled.
- The date on which lime-washing, painting, oiling, or varnishing was carried out with the specifications of the date, month, and year. This should be written as per the English calendar.
- Remarks, if any, should be given.
- Signature of the manager.
Form 8: Record of Lime-Washing, Painting, etc.
(See rules 20 and 51)
Record of lime-washing, painting, etc.
Parts of factory, e.g. name of room
Parts lime- washing, painted, varnished or oiled, eg.
Walls, ceilings woodwork, etc.
Treatment, whether lime- washed, painted, vanished or oiled
Date on which lime-washing, painting, varnishing or oiling was carried out (according to the English calendar)
Signature of Manager_______________________________
How Can Deskera Help You?
It is Deskera People, a cloud-based, automated HR software that will be the most useful to you in complying with the provisions of the Maharashtra Factories Rules and filling all its forms of compliances, including Form 8: Record of Lime-Washing, Painting, etc. This is because it comes with an inbuilt statutory and tax compliance system for India.
Through Deskera People, you would be able to add your employees under one team and assign them to their manager, who will be responsible for their workflow, leave approval, attendance, and overtime as well.
This manager will also be keeping a register as required in the prescribed form of Form 8 for recording all the painting, varnishing, oiling, lime-washing, color-washing, etc. tasks completed by his or her team employees.
Additionally, they will also be able to maintain detailed records of each of the employees in their team, including their personal details, as required by the Maharashtra Factories Rules.
By imbibing the provisions of the Maharashtra Factories Rules, you would be able to ensure that your factory or industrial set-up has a conducive working environment, with the health and well-being of your employees ensured.
While the Act comprised 32 forms originally, the one discussed here is Form 8, which is aimed at keeping a record of all the color-washing, lime-washing, varnishing, oiling, painting, etc., tasks carried out in the factory or manufacturing unit.
This will ensure that not only the time periods related to the same are maintained, whether it be once in every four months period, or once in three years, but also that your production is carried forward seamlessly (like in cases of exemptions for adult workers) and that the working environment of your employees continues being conducive, like a well-maintained urinal or canteen. Form 8 needs to be filled by the manager.
To digitize as well as automate several of such HR processes, Deskera People is your go-to software. In fact, by using Deskera People Direct Deposit Service, you will be able to pay your employees as per their custom pay schedules as soon as their payroll is processed after considering their custom pay components.