In exercise of the powers conferred by Section 112 read with Section 49 of the Factories Act, 1948 (LXIII of 1948)

the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by Section 115 of the Said Act namely: 1. Short title and extent

(1) These rules may be called the Maharashtra Welfare Officers (Duties, Qualifications and Conditions of Service) Rules, 1966. (2) 2. They extend to the whole of the State of Maharashtra. Number of Welfare Officers to be employed in factories

(1) The occupier of every factory wherein five hundred or more workers are ordinarily employed, shall appoint at least one Welfare Officer. (2) Where the number of workers ordinarily employed in any factory exceeds the number specified in column 1 of the Table hereto but does not exceed the number specified against it in column 2 thereof, the occupier of that factory shall also appoint Additional Welfare Officers or Assistant Welfare Officers as indicated in column 3 of the said Table. Table Where the number But does not of workers exceeds exceed 1 2 2,500 3,500 4,500 6,500 8,500 10,500 3. etc.3,500 4,500 6,500 8,500 10,500 Number of Assistant or Additional Welfare Officers 3 One Assistant Welfare Officer One Additional Welfare Officer One Additional Welfare Officer one Assistant Welfare Officer Two Additional Welfare Officer Two Additional Welfare Officers and one Assistant Welfare Three Additional Welfare Officers

Qualifications and disqualifications for appointment as Welfare Officers,

(A) A person shall not be eligible for appointment as a Welfare Officer, Additional Welfare Officer or Assistant Welfare Officer, unless he,(1) has obtained a degree or diploma in social science recognised by the State Government in this behalf, has qualified at a viva voce test conducted, by the [Chief Inspector of Factories] Bombay, as provided in Rule 3-A; and has got himself enrolled in the list maintained by the (1) [Chief Inspector of Factories] Bombay, under Rule 5; and]

Footnote:

1. 2. 3. 4.

Subs, by G.N. of 2.8.1989 Subs, by G.N. of 2.8.1989 Subs, by G.N. of 22.9.1971 Subs, by G.N. of 2.8.1989

[(b) has adequate knowledge of Marathi language.] (2) No person who is directly or indirectly interested in any factory or in any patent or machinery connected with it shall be appointed as a Welfare Officer, Additional Welfare Officer or Assistant Welfare Officer or shall be allowed to hold such office after he becomes so interested in the factory. Explanation.- For the purpose of this sub-rule, any person holding less than two per cent of the shares of a company owning the factory shall not be deemed to be directly or indirectly interested in such factory. (3) The State Government may, subject to such conditions as it may specify, relax all or any of the qualifications laid down in this rule in respect of any class of persons. [3. [(A)]. Provision for viva-voce test:- (1) The viva voce test shall consist of a test of general knowledge and in particular of labour problems pertaining to the State of Maharashtra. Three chances will be given to the candidates to appear for the viva- voce test. The fee for each such test shall be [twenty rupees]. (2) The said test shall be conducted at the beginning of every quarter by a 6 Committee consisting of the [Chief Inspector of Factories], Bombay, [or his nominee] as the Chairman, and such other Officers not exceeding two, nominated by Government in this behalf. Explanation.- For the purpose of this rule."quarter" means a period of three consecutive months beginning on the 1st of January, 1st of April, 1st of July, or the 1st of October. 4. Recruitment of Welfare Officer, etc.-

(1) The post of a Welfare Officer, Additional Welfare Officer and Assistant Welfare Officer to be filled in any factory shall be advertised in at least two newspapers circulating in the region in which the factory is situated, out of which one shall be in an English newspaper. (2) The selection shall be made from among the candidates applying for the post, by a Committee appointed by the occupier of the factory. (3) The appointment when made shall be notified by the occupier of the State Government or such other authority as the State Government may specify for the purpose, giving full details of the qualifications of the persons appointed and the conditions of the service. 5. Maintenance of list of candidates

(1) For the purpose of facilitating the recruitment of qualified persons to the posts of Welfare Officers, Additional Welfare Officers and Assistant Welfare Officers, the Commissioner of Labour, Bombay, shall maintain a list of candidates suitable for appointment to those posts, have due regard to the qualifications laid down in these rules. Such list shall be open for inspection to any occupier of a factory. (2) Any person desiring to get himself enrolled in the list maintained under sub-rule (1) may apply in that behalf to the [Chief Inspector of Factories] in such form as the Commissioner of Labour may determine. Footnote:1. 2. 3. 4. 5. 6. 7. Subs, by G.N. of 22.9.1971 Subs, by G.N. of 14.3.1969 Subs, by G.N. of 14.9.1992 Subs, by G.N. of 19.3.1991 Subs, by G.N. of 2.8.1989 Ins. by G.N. of 11.5.1975 Subs, by G.N. of 2.8.1989

(3) On receipt of an application under Sub-rule (2), the 1[Chief Inspector of Factories] may, if satisfied that the applicant is qualified under these rules for appointment to the post of a Welfare Officer, Additional Welfare Officer, or Assistant Welfare Officer in factories, include, his name in the list maintained under Sub-rule (1) and grant him a. certificate of enrolment. 6. Filling of vacancy

Every, vacancy in the post of Welfare Officer, Additional Welfare Officer or Assistant welfare Officer caused by death, dismissal or discharge of the person holding such post or by any other cause shall be forthwith notified by the occupier to the Chief Inspector of Factories and shall be filled up within six months of the occurrence of the vacancy. 7. Conditions of service of Welfare Officers, etc

(1) The Welfare Officer and the Additional Welfare Officer, if any, appointed in any factory shall be deemed to hold the rank equal to that of a head of any department in that factory working under the Chief head of the factory. (2) The Assistant Welfare Officer appointed in any factory shall be deemed to hold the rank equal to that of any officer immediately subordinate to the head of a department of that factory.

(3) The conditions of service of a Welfare Officer, Additional Welfare Officer and Assistant Welfare Officer shall be the same as those of officers with whose ranks their ranks are equated by Sub-rules (1) and (2). 8. [Chief Inspector of Factories] to be informed of any action proposed against Welfare Officer, etc.Whenever any occupier intends to dismiss or to terminate the service of any Welfare Officer, Additional Welfare Officer or Assistant Welfare Officer, he shall in advance communicate his intention to do so and the reasons for such dismissal or termination of service to the 3[Chief Inspector of Factories] Bombay and shall not take any action for such dismissal or termination of service before the expiry of thirty days from the date of receipt of the communication by the 4 [Chief Inspector of Factories] and without taking into consideration any advice tendered by the 5 [Chief Inspector of Factories] within the said period. 9. (1) Duties of Welfare Officer, etc. The duties of the Welfare Officer, Additional Welfare Officer and Assistant Welfare Officer, shall be,to establish contacts and hold consultation with a view to maintaining harmonious relations between the factory management and workers; to bring to the notice of the factory management the grievances of workers, individual as well as collective, with a view to securing their expeditious redress; to study and understand the point of view of labour in order to help the factory management to shape and formulate labour policies and to interpret these policies to the workers in a language they can understand; to watch industrial relations with a view to using his influence to prevent a dispute arising between the factory management and workers and in the event of a dispute having arisen to help bring about a settlement by persuasive efforts; to advise workers against going on illegal strikes and to advise the management against declaring illegal lock-outs and to help in preventing anti-social activities;

(i)

(ii)

(iii)

(iv)

(v)

Footnote:1. 2. 3. 4. 5. (vi) Subs, by G.N. of 2.8.1989 Subs, by G.N. of 2.8.1989 Subs, by G.N. of 2.8.1989 Subs, by G.N. of 2.8.1989 Subs, by G.N. of 2.8.1989 to maintain an impartial attitude during lawful strikes or lock-outs and to help bring about a peaceful settlement;

(vii)

to advise and assist the factory management in tie fulfillment of obligations, statutory or otherwise, concerning the application of the provisions of the Factories Act, 1948, and the rules made there under and to establish liaison with the factory Inspector and the Medical Service, concerning medical examinations of workers, health records, supervision of hazardous jobs, sick-visiting and convalescence, accident, prevention and supervision of safety committee, systematic plant inspection, safety education, investigation of accidents, maternity benefits and workmen's compensation; to promote good relations between factory management and workers so as to ensure productive efficiency as well as amelioration in the working conditions and to help workers to adjust and adapt themselves to their working environments; to encourage the formation of works and joint production committees, cooperative societies and safety first and welfare committees, and to supervise their work; to advise and assist factory management in making provision for amenities, such as canteens, shelters for rest, creches, adequate latrine facilities, drinking water, sickness and benevolent scheme payments, pension and superannuation funds, and gratuity payments; to help the factory management in regulating the grant of leave with wages and explain to workers the provisions relating to leave with wages and other leave privileges and to guide the workers in the matter of submission of application for grant of leave for regulating authorised absence; to advise and assist factory management in providing welfare facilities such as housing facilities, foodstuff, social and recreational facilities, sanitation, education of children and to advise on individual personal problems; to advise the factory management on questions, relating to training of new starters, apprentices, workers on transfer and promotion instructors and supervisors, supervision and control of notice-board and information bulletins to further education of workers and to encourage their attendance at technical institutes;

(viii)

(ix)

(x)

(xi)

(xii)

(xiii)

[(xiv) to suggest measures, such as, an education training in higher skills, propagation of family programme which will serve to raise the standard of living of workers and in general promote their well-being]; to bring to the notice of workers their rights and liabilities under the Standing Orders of the factory and other rules which grant rights to, and define the duties of workers or which are directed to the discipline, safety and protection of workers and the factory. No Welfare Officer, Additional Welfare Officer or Assistant Welfare Officer shall deal with disciplinary cases against workers or appear in courts on behalf of the management against the workers in labour disputes. Welfare Officer, etc. not to be required or permitted to do work

(xv)

(2)

10.

inconsistent with his duties If it comes to the notice of the Chief Inspector of Factories, Bombay, that any Welfare Officer, Additional Welfare Officer or Assistant Welfare Officer is required or is permitted by an occupier to do any work which is inconsistent with or detrimental to the performance of his duties laid down by Rule 9, he may, by an order in writing, direct that such Welfare Officer, Additional Welfare Officer, or, as the case may be, Assistant Welfare Officer shall not be required or permitted to do such work. Footnote: 1 11. (i) Subs, by G.N. of 2.8.1989 Repeal and saving:- On the commencement of these rules,the Welfare Officers (Recruitment and Conditions of Service) Rules, 1952, as in force in the Bombay area of the State of Maharashtra; the Factory Welfare Officers (Conditions of Service) Rules, 1952, as in force in the Vidarbha region of the State of Maharashtra; and the Hyderabad Factory Welfare Officers (Recruitment and Conditions of Service) Rules, 1956, as in force in the Hyderabad area of the State of Maharashtra;

(ii)

(iii)

shall stand repeated, .except as respects things done or omitted to be done under the rules repealed. Maharashtra Labour Welfare Fund Act, 1953
1

(a) Exemption under the Act.- The Government of Maharashtra, Industries, Energy and Labour Department has in exercise of the powers conferred by Section 22 of the said Act (Bom. XI of 1953), exempted Mabanagar Telephone Nigam Ltd. situated in the State of Maharashtra from all the provisions of the said Act with retrospectively effect from 1st April, 1986. Footnote: 1 Vide G.N.MLW. 1090/(118)-Lab-12, dt. 9.1.1995,-MGG Pt.IL, dated 23.2.1995 page no.223.