No. $-25012/1/96-ISH-IE (Vol. XI) GOVERNMENT OF INDIA, MINISTRY OF LABOUR AND EMPLOYMENT SHRAM SHAKTI BHAVAN, RAFI MARG, NEW DELHI — 110 001, Dated:- 05.06.2014 OFRICE MEMORANDUM SEECE MEMORANDUM Subject Inviting comments/suggestions on the proposed amendments to the Factories Act, 1948, The Ministry of Labour and Employment Proposes to amend the Factories Act, 1948. In this regard, important developments and main features alongwith the tabulated statement (Annexure-F) on comprehensive amendments to the Factories Act, 1948 have been uploaded on the website of Ministry of Labour and Employment i.e. http:/labour. 2. It is requested that the comments on the proposed amendments may be sent to Deputy Secretary (ISED, Ministry of Labour and Employment, Room No. 303, Shram Shakti Bhawan, Rafi Marg, New Delhi, 110001 within 30 days, Deputy Secretary Tele fax No. 01 1-23717275 NICBrief on Factories (Amendment) Bill, 2014 The Pactories Act 1948 is an Act to consolidate and amend laws regulating labour in Factories. It is a Central Act which is enforced by the State Governments, The Act was last amended in 1987 after the Bhopal Gas Tragedy, ‘The Ministry has prepared a comprehensive proposal for amending the Factories Act which is still under consideration ‘THE FACTORIES (AMENDMENT) BILL, 2014 The present proposed amendments have emanated from the following ° Recommendations / suggestions given by the Conference of Chief Inspectors of Factories, ° Recommendations of the Expert Committees, ° Need to be in line with various ILO Conventions, . Judgments of Supreme Court / High Courts, ° Need for synchronization with Environment Protection Act, 1986 and rules made thereunder. These proposals were also discussed in the meeting of the Committee of Secretaries and based on the decisions taken therein, the amendments were further modified. ‘The proposed amendments deal with 61 Sections and two Schedules, Important Developments: - i) A Cabinet Note for amendments in the Factories Act, 1948 was submitted in October 2008 which was referred to the Committee of Secretaries, it) The Committee of Secretaries examined the matter in January 2009 and made some important recommendations. The proposal was revised accordingly.iti) iv) y) vi) (vii) ‘The proposal was re-circulated/modified and re-submitted to the Cabinet Secretariat in November 2010. An Expert Committee consisting of Dr. Narendra Jadhav, Member Planning Commission (Chairman), Dr. Kaushik Basu and Shri P.C. Chaturvedi (Members) was constituted to examine the proposal. The Committee held extensive discussions with various stakeholders and submitted its report on 23 June 2011, The report was examined and requisite amendments were made in the draft proposal, The same were uploaded on the Ministry's Website on 06.09.2011 for seeking comments/suggestions. The report of the Expert Committee was also re-circulated to the Central Ministries/Departments and State Governments and Union Territories. After incorporating these suggestions/observations, the draft Cabinet Note was Prepared. Thereafter, the Cabinet Note was referred to the Ministry of Law and Justice for vetting by the Legislative Department and clearance from legal angle by Department of Legal Affairs. (vili) As per the decision of the Committee of Secretaries on 10.01.2014, the proposed (ix anendments in the Factories Act, 1948 are being placed in public domain (website of Ministry of Labour and Employment) for a period of 30 days for proactively sharing them with public. Statement showing existing Provisions, proposed amendments and reasons thereof is annexed. -D-No. $-29012/1/96-ISH-I (Vol. XI) MINISTRY OF LABOUR®& EMPLOYMENT SECRET ‘Statement showing existing Provision, proposed amendments and reasous thereof Sr, No, Existing Provision ‘Contents oF proposed Amendaents Reason for proposed Anrendment® ety “hazardous process” means any process cor activity in retation to an industry specified in the First Schedule where unless, speviat care is taken, raw materials used therein or the intermediate or finished — produets, bye products, wastes. or efiluents thereof would - @ cause material impairment to the health of the persons engaged or connected thevewith, or Gi) result in the pollution of the general environment: Provided that the State Govemmeat may, by notification inthe Official Gazette, amend the First Schedule by way of addition, omission or variation, any industry specified in the sald Schedule, T. The existing section 2(@b) shall be substituted by the following, namely - (cb) “hazardous process” means any process where, unless special care is taken, raw materials, hazardous substances used therein or the intermediate or finished products, bye products, wastes or effuents thereof ‘wrould- {A) cause material impairment ta the health of the persons engaged in or connected therewith; or (B) result in the potiution of the general environment; The tenn “hazardous process has to be redefined as a procass in which 2 hazardous substance is used ‘Tho present definition of “hazardous process industry” tinks it with the First Schedule under the Factories Act owing to the notation fo the effect that “hazardous Process means any process or activity in relation to @ industry specified in the First Schedule” The issues relating to the restrictive soope of the frst Schedule and some of the hazardous process activities being left out of the Fist Schedule, have been discussed at length in various Conferences uuamely, the 40", 41 and 42" conference of Chief Inspectors of Factories. On further examination of the issues involved under this sub- Section, and in the light of frequent teferences from the factories, directly to Directorate General in segard to considering their process a hazardous process’ it is considered not essential to retain the First Schedule. Since the term “hazardous substance’ is also proposed to be defined as per the Environment {Protection} Act by introducing a new sub-section 260), Wilh this amendment, the hazardous process will be identified by use of hazardous substance which will be duly notified fom ime to time under new clause 2{6c). In view of the above, the Fitst Schedule is deleted, Further, the words ‘as preseribed by Central ‘or State Government” in the Riles No, $-29012/1/96-ISH-U (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT SECRET Page nn. OFNo, $-29012/1/96-ISH-II (Vol. XI) MINISTRY OF LABOUR®& EMPLOYMENT SECRET have beon added in view of the comments of various Ministries and Departments of Government of Tndia, ‘This has been done bring in more clarity based on the comments received by Cental Ministries of Government of India 2. | Nil- New Seetion 2(¢e) ‘After the clause 2(cb), a new clause 2{ee) isto be aided, namely, - “2{0¢) “hazardous substance” means any substance as prescribed ot preparation of which by reason of its chemical oF physio-chemical properties ‘or handling fs liable to cause physical or Trealth hazards to human being or may ‘cause harm to other living creatures, plants, micro-organisms, property or the environment; The tem “nuzardous substance? had not been earlier defined though it has been used ‘at a number of places in Chapter IVA of the Act which was introduced by the Factories (Amendment) Act, 1987. It is now proposed to define ft in a mannet similar to that in the Environment (Protection) Act, 1986 approved by the 47 Conference of Chief Inspectors of Factories. Based on the decision of the Commitice of Secretaries the proposal has been modified. (Please see Item 1 oF Annextre-V) 3. NiENew Section 3¢ea) ‘After the clause 2(@), a new clause 2(e3) ‘sto be added, namely - ‘2(ea) “disability” shall have the meaning as assigned to it in efause (9) of Such @ definition’ is necessary in view of proposed amendments coneeraing persons with disabilities, section 2 of the Persons With Disabilities Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" 4 [3G week’ aneans a | In the existing elause (9, afler tho words | At_presont under Section 2) the period of — seven days | “pacticular area”, the words “or a{ Chief Inspector of Factories may beginning at midnight on | factory" shall be inserted, silow all factories located in one Samiday night or such area to observe a day other than other night as may be Sunday a3 the weekly holiday. approved in wrling for a particular area by the Chief Inspector of Factories ‘The proposed amendment would enable factories located in one area to observe difisrent days as their weekly holiday. This has become necessary in view of shortage of power. Approved by the 41% Conference of Chief Inspectors of Factors. ‘No. $-29012/1/96-1SHAI (Vol. XD MINISTRY OF LABOURS& EMPLOYMENT “hea SECRET Page‘No. $-29012/1/96-ISH-II (Vol. X1) MINISTRY OF LABOUR& EMPLOYMENT. SECRET 3 po, process” process for - “manvfacturing ‘means any (ix), composing types for printing, printing by letterpress, lithography, photogravure or other similar process or book-binding; or Ta Section 209, the existing sub- clause iv) shall be substituted by the folowing, viz, (iv) composing and processing for printing, printing By letter press, lithography, offset, photogravure, screen printing, flexography, or other ‘similar process or bindings or"; The Governmcat of india set “up an Empowered Committee to process the Recommendations of the Expert Commitee for Newspaper Employees, One of the recommendations of the Expert Committee was to amend Section 2(K} (Ww) of the Factories Act relating to the dofinition of ‘Maruficnuing Process" covering printing presses so that all workers engaged in the factory side of the news-paper establishments are covered under the Factories Act and the Workmien’s Compensation Act. ‘This recommendation has been secepted by the — Empowered Commities "and —_aceordingty, definition of the manufecturing process is proposed tobe amended to also. cover certain types of printing processes such asthe off-set printing, Screen printing, lexography, ad processes and operations incidental thereto 9s they are presently not covered. Approved by the 41" Conference of Clef Inspectors of Factories, [Ray “occupier” of a factory means tho person ‘who has ulimate control over the affairs of the factory. Provided that — Qo x mx x Gx ow Gil) in the case of a factory ‘owned oF controlled by the Central Government, or any State Government, ‘or any Toca authority, the person or persons appointed to manage the affairs of the factory by the Central Govemment, the State Goverment or the local Clause (iit) oF sub- section (a) nay be substituted by the following = (iif) iv the case of 2 factory owned or controlled by the Central Government, or any State Goverment, or any tocal authority, the person | or persons appoinied to manage the factory by the Central Government, the State Government or the local authority as ‘may be proscribed, as the case may be shall be deemed to be the occupier.” “The above proposal has been modified as given below:- “in the case of a factory owned or} controlled by the Central Goverament, o| any State Goverumént, or any local authority, as the case may | authority, the person or persons be, shall be deemed to be { appointed to manage the factory by the the occupier. Cemiral__Governmeni, the State Keeping in view the comments received ftom the Central Ministries of Government of India the existing definition has been retained with only 2 modification in the proviso relating tothe Government owned factories, preseribing the definition of the ccupier through the Rules to be notified for such purposes. ‘No, $-29012/1/96-I8H-H (Vol. X01) MINISTRY OF LABOUR& EMPLOYMENT. SECRET PageNo. §-29012/1/96-ISH-Il (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT SECRET Gaveramenl or the local aullority as may] bbe prescribed, as the case may be shall be} Asetned to be the occupier;", Wionce the earlier proposal of incorporating ‘having ultimate control over the affairs of the factory” has been dropped replecement of any plant or smackinery, or within such limits 2s may be. preseribed, of the addition of any plant or machinery, if such replacement or addition Goes not reduce the rminimum clear space required for sade working around the plant or achinery/or adversely alfect the environmental conditions from the evolution or emission of steam, heat or dust or Furnes injurious to heatth, safe working around the plant or machinery or result in hazardous conditions likely to cause accident, angerous occurrence or injuries 10 Freaith of workers or pub or adversely affect the environmental concitions from the evolution or emission of steam, est or dust or fumes, or chemical or biological wastes injurious to health and 2 certificate in. writing shall be given by @ competent person to this effect”, Provided that till the certificate, as referred ( in the Explanation, is given by a Competent person a extifieate in ‘writing given by the occupier by himsel€ may be accepted Bip) _ prescribed —ineans [After the word “by” the words “ihe Based on the decision of tie prescribed by rules made | Central Government —or° shall be | Committee of Secretaries - the by the State Government | inserted, proposed deficition hasbeen ‘unier this Act. modified, (Please see Ttem 3 of ‘Annexure-V) % Approval, liccasing and | The explanation clause shall be | Im teria of Section 6 of the Act registration of | substituted by the following, nemely, | an Cceupier is not required 9 take Factories - permission from the State “Esplanation— A factory shall | Government for expansion of & Q).. not be deemed to be extended within | factory within certain prescribed Dion wee the meaning of this section by reason | limits. It is, however, possible ® only of the replacement of any plant or | Hat, such expansion | may. involve hazards to the sefety of Explanation A factory | M#ehinery or within euch limits as may | yorkers as well as the people in shall not be deemed to be | be prescribed, or she addition of any | the vicinity. It is, therefore, extended within the | plant or machinery, if such replacement | proposed to amend the Explanation meaning of this Section by | or addition does not reduce the|t 6 so that it would be reason only of the ! minimum clear space required for | necessary for an Occupier to obtain permission of the State Government before making such an expansion, Approved by the 41 Conference of Inspectors of Factories. Further, as suggested by the Ministry of Health and Family Welfare the words, “biological wastes” wore also added Based on the decision of the Commitice of Secretaries the proposal hes been modified io provide for certificates being given by the competent person. Please see Kern 8 of Anmexure-V) Based on the comments received from Minisy of Heavy Industries following sentence “has been added: Provided that till the certificaze, as referred t9 in the Explanation, is No. $-29012/1/96-JSH-II (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT ~o given by 2 competent_person_2 SECRET Page . oF_ No. -29012/1/96-ISH-U (Vol. X1) MINISTRY OP LABOUR& EMPLOYMENT. SECRET ‘certificate in viting given by the occupier by himself may de accepted.” 3 | 7. Notice by occupier () The Occupier shall, at least fifteen days before he begins to occupy or use any promises as a feotory, send to the Chief Inspector ‘written notice costaining, @ ©) . () @ . © horse-power installed or to be installed in the factory, which shall not inchde the rated horse- Tn sub-section (7), in elause (@), for the words “horsepower” at both the places where it occurs, the words “power it Kilowatts” shall be substituted. This is due 10 conversion of unit Bom the British to the Metic System, Approved by the 41" Conference of Chief Inspectors of Factories, power of any separate standby pleat; oO @ @ oe 1S [7B Gonerat ‘duties | (A) for sub-section (5), the following sub- | Section 7B imposes of manufacturers, ete., | section shatl besubstituted, namely:— | responsibility on the as regards articles manufacturer to ensure, inter and substances for use | “(5) Itshall be the duty ofa person, — | alia, that plant and machineries in factories. are so manufactured as to be {@) who etects or installs any article foruse | safe and without risk to the 6) Where a person designs, manufactures, imports or suppliss an ssticle on the basis of @ ‘writen undertaking by the user of such article to take the stone specified in suck undertaking to ensure, so far as is reasonably practicable, thatthe anticle will be safe eud without risks to the heaith of the workers when properly used, the undertaking shat! have the ina factory, to ensure, 9 far as practicable, that such article so erevied oF installed does ‘not make it unsafe ora risk to health wher that article is usec by the persons in such aetorys (©) who manuftenures, import or supplies any substance for use in any factory — (10 coswe, so far as practicable, that such substance is safe and bas no risks involved to health of persons working in such factory; to catry out orarange for carrying: out of such tests and examination in relation to such substonce as may be necessary, kealth of the workers. It is proposed to extend the provisions of the section to hazardous substances, In fact the ttle of the section mention both articles tnd substances though provisions of the section deat ony with the atticle Approved by the 4J# Conference of Chief Inspectors of Factories. ‘The proposed emendment was examined with reference to provisions existing in other countries and was found that similar provisions in the safety ancl health statutes co exist in the eveloped as_well_as_developins ‘No. $-29012/1/96-ISH-I (Vol. XI) ‘MINISTRY OF LABOUR& EMPLOYMENT -J- SECRET Page. of‘No, $-29012/1/96-1SHAT (Vol. XT) MINISTRY OF LABOUR& EMPLOYMENT SECRET eiiect of relieving de person designing, manufacturing, importing, of supplying the article from the duty imposed by clause () of sub-section (1}c0 such extent as is reasonable having regard tothe terms. of the undertaking. (6) For the purpose of this Section, an article is not to be regarded as properly used if it is used without regard to eny information or advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the article Explanation For the purpose of this Section, “article” shall include plant and machinery. Gi to ke such steps as aro nevessary To secure that she information about the results of tests carried out in connection with the use ofthe substance os referred to in sub-clause (iis available ina factory along with conditions necessary to ensue ts safe use snd no risks to health: (6) who undertakes the manufacture of any substance for use in any factory to camry ‘ut or aminge for the carrying out of any necessiry research with a view © Siscover and, 50 far as practicable, to ensure the elimination or minimisation of any risks to health or safety to which the substance may give rise ant of such rmienuueture or research"; ®) in sb-section (©, for the word “aisle” at both the place where t occurs, the words “article or substance” shall be substtated; (C) for the Explanation, the following Explanation shall be substituted, namely “Explanation— For the purposes of this section = (@) “aricle” shall machinery, include plant and (8) substance” means ony natura or autiicial substance whether in a solié ot Figuid form or in the form of a gas ox vvepour, an (©) “Substance for use in_any factory means any substance whether or not intended for use by persons working in a factory.” ‘counties. No, $-29012/1/96-ISH-U (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT SECRET Page‘No. $-20012/1/96-1SH-U (Vol. XD) MINISTRY OF LABOUR& EMPLOYMENT SECRET TE._| New proposal Tn Sections 15, 17, 21, 2, 23,28, 25, 3435, 37, 38, 408, 41 AL AT GA5,87,88. and 90 the words “Siete Government” may be substituted by the words“ Central Goverment or the State Government” Based on the decision oF the Committee of Sooreiaries the proposal has been modified. (Please see ftem 3 of Annexure-V) 12,_| 18Drinking water @ roy ~ G) In every factory wherein more than two hundred and. fifty workers are ordinarily employed provision shall be made for ool drinking water ducing, hot weather by effective reins and for distribation ‘The subsection @) shai be sobstkured by the following - "G) in every. factory, provision shall be made for cool and sei drinking water during hot weather by effective means and for the distribution thereof?” Even in the factories oF other places where 5 or more workers sre ordinarily employed they are also used 10 taking cool drinking water after taking the meals. Approved by the 41" Conference ‘of Chief Inspectors of Factories, thereof. 13. | 20, Spittoons. = ‘The sub-section (4) may be omitted. This is consequential to qd) .. introduction of a new Section ®. 52-8 conolidating the penalty G) provisions. G8)" Wiioever spits in contravention, of sub- Approved by the 41" Conference section (3) shall be of Chief Inspectors of Factories. punishable with fae not exceeding five rupees. 14 [22 Work on or near machinery in motion. (1) White the machinery is inmotion, such examination of operation shall be made or eared out only by & specialty trained adult male worker wearing tight fitting clothing (which shall Be supplied by the ‘cccupier) whose name has been recorded ia the register prescribed in this bbahalf and sho has been furnished with a cerifiate of his appointment. 2) No woman or ® young etson shall be allowed to clean, tbricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is ia motion, or Tp section 23 ofthe principal Act, — (in sub-section (1), for the words and braciets "adult mal: worker wearing, light fiting clothing (which shall be ‘supplied by the occupies)” the words and brackets “adult male worker wearing tight fing clothing or adult female worker ‘wearing tight fitting clothing (which shall be supplied by the occupier), covering Joose iit” shail be substivated for the word “woman” at bor the places where it occurs, the words “pregnant woman er a. person with disability shell be substituted, ‘The Sub Group | of Task Force on women and child development recommended for restricting the employment only for pregnant ‘women, person with disability and young person belovr the age of 18 years. This was suggested in order to promote gender equality at the work place, ‘No. $-29012/1/96-1SH-U (Vol, XD) MINISTRY OF LABOURS& EMPLOYMENT yo SECRET Page eceenee OFNo, $-29012/1/96-ISH-II (Vol. XD) MINISTRY OF LABOUR& EMPLOYMENT SECRET to clean, luivicale or adjust any part of any machine if the cleaning, lubrication oF adjustment thereof would expose the woman oF young, person to risk of injury from say moving part either or that mac or of any adjacent machinery. G) The Gtate Goverament) ‘may, by notification in the Oficial Gazette, prohibit, in any specified aetory oF ‘lass or description of factories, the cleaning, lubricating or adjusting by ‘any person of specified parts of machinery when {hase parts ate in motion. {©)in sub-section (3), for the words “The State Goverment”, the words, “The Contral Govemment or the State Govemment” shall be substitured, 15/26 Casing of new machinery (xx exe Qxx ow ox GB) mx xx. Section 26 may be omitted The provisions under Section 7-B of die Factories Act places the responsibility on the manafacturer, supplier, importer of the equipment to design, consiruct any article so 25 to be safe and without risk (0 the healt of worker when properly used. In view of this, the specific esponsibility cast onthe manufacturer under Section 26 becomes redundant. The amendment was eppraved in the 42! Conterenee of Chie? Inspectors of Factories, 16 [37 Prohibition of employment of women ‘and children near eotton- openers. = No woman oF child shall be employed in auy part of a factory for pressing colton in which a cofiotopener is at work: Provided that if the feed- tend of a cotton-opener is in a room separated from the delivery end by a partition extending, to the roof or to such height a5 the Ingpector nay in any paticular case specify in writing, women and ‘chiléren may be employed on the side of the partion where the feed- end ig situated, For Section 37, following section shall bbe substituted namely- “No young person or pregnant woman or a person with disebllity shall be ‘employed in any part of factory for pressing cotton in which 2 cotton ‘opener is et work.” “The Sub Group T of Task Force om women and child development recommended for resisting the employment only for pregnant women, person with disability and young person below the age of 18 Years. This was suggested in order to promote gender equality at che work place, No. $-29012/1/96-1SH- (Vel. XO) MINISTRY OF LABOURS: EMPLOYMENT. ~fo~ SECRET Page cess oeNo. $-29012/1/96-1SHIl (Val. XD) MINISTRY OF LABOUR& EMPLOYMENT SECRET Tr Nil- New Soction 35-A ‘After section 33 of the principal Ac, the following section shall be insested, hnamely: - “35A, {1) The occupier, having, regard to the nature of the hazards. involved in the work and processes being carried ‘out, shall supply to the workers exposed © ‘such hazards, suitable personal protective equipment and protective clothing as may be necessary (2) The personal protective equipment and protective clothing supplied to te ‘workers as required under sub-section (1) shall conform to. an intemational standard where national standard. for such protective equipment or clothing is not available, 3) The occupier shall maintain all tems of personal protective equipment and protective clothing referred to in sub- section (1) in @ clean and hygienic condition and in good repair, (A) The State Government or the Central Government may tke rules preseribing the standards of maintenance, ise of personal protective equipment and protective clothing with a view to ensure their effectiveness in relation tothe sonditions of use and conformity to their quality standards.” Section 35 of the Act pro measures only to protect the eye of a worker in certein circumstances, It is proposed to extend the coverage of ihe provisions to include measures for protection of cther parts of the body as weil, “Approved by the 41"Confetence of Chief inspectors of Factories, 18, 36. "“Precauiions against dangerous fumes, gases, ete ©) No person shall be required or allowed to enter any chamber, tank, vat, pi, pipe, flue ot ‘other confined space in any factory in which any gas, fume, vapour or dust is likely to be present t9 such an extent as to involve risk to persons Being overcome thereby unless it is provided manhole of adequate size or other effective means of ogress. 2) No_person_shali be, For section 36 of the principal Act, the following section shell be substituted, namely — *36. (1) No person shall be required or altowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume vapoor or dust is likely 1 be present such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective meens of egress or wherein the oxygen content is less than the prescribed content of oxygen. “Explanation. — for the purpose of this sub-section, the expression “adequate size” means, — (@) in the case of rectangular shape manhole, of not less than $0 emis. x 30 i the existing Section 36, there is no provision to prohibit a person fiom eniering 2 confined space such as boiler, fumace, flue, atc, while it is hot. Also tate is no provision for checking deficiency of oxygen in 8 confined space. The State Governments have also no power to make mites uncer this Section, Jtis proposed to remove these Tcunae. Approved by the 41 Conference of Chiof Inspectors of Factories. No. $-28012/1/56-ISH-IL (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT te SECRET PageNo. 8-29612/1/96-1SH.II (Vor. XI) MINISTRY OF LABOUR& EMPLOYMENT. SECRET Tequired or allowed to enter any confined space as is relerred to in sub- section (1), until ail Practicable measures have been taken to remove any 8s, fume, vapor or dust, ‘which may be present, so as to bring its level within the permissible Emits and to prevent eny ingress of such gas, fume, vapour, or dust and untess (@) certificate in writing has been given by a competent person based on 2 test carried out by himself that the space is reasonably fee fom dangerous gas, fume, ‘Vapour or dust 0” (b) such person fs wating. suitable breathing apparatus and a belt securely attached to 2 rope, the free end of which is beld by a person outside the confined space, emis, (6) in the case of oval shape manhole, of not fess than 50 cms major axis and 30 cenis minor axis; (0) in caso of ciroular shape manhele, of rot fess than 50 cms diameter (2) No person shall be required or allowed t0 enter in any boiler furnace, boiler fue, chamber, tank, vat, pipe or ‘other confined space in any factory for the purpose of working or making any examination therein until — @) it has been sufficientiy cooled, by ventilation or otherwise, and is safe for persons to enter; and {b) wherever there is likelihood of deficiency of oxygen, - (0 @ cestificare in’ writing has been given by a competent person, based on test carried out by himscl&, that the space fs rot deficient in oxygen so as to be unsafe for persons to enter; ot Gi) the worker is wearing suitable breathing apparatus and a safety harness for confined spaces securely attached to ‘rope Is available of which the free end is held by a person standing outside the confined space. (3) No porson with disability, or, any pregnant woman, shall be required or allowed to enter any chamber, tank, vat, pil, pipe, fue ot ather confined space in any factory as referred to in sub- seetion(1) and in any boiler farnace, boiler flu, chiaenber, tank, vat, pipe ot ther confined space in any factory as referred to in sub-Section(2) @ The suttable breathing apparetas, reviving apparatus and safety haraass and ropes, shall be kept for instant use in every factory and in every such confined space es referred to in sie seotion (1) of in clause (b) of sxb- section (2), which eny person may enter, and all such apparatus shall be periodically examined and certified by a competent person to be fit for use; and_a sufficient mumber of persons Based on the decision of the Committee of Secretaries the proposal has been modified. (Please see Item 7 of Annexure-V) ‘There wes a typographical error at the end of first paragraph which has been corrected. ‘An additional sub-section (3) has boeen added based on the suggestion from CIF Puducherry, No, $-29012/1/96-ISH-Il (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT 13 SECRET POE veereeeeens OFNo. $-29012/1/96-ISH-I (Vol. XT) MINISTRY OF LAROUR& EMPLOYMENT SECRET ‘emplayed in every Tctory shall be trained aad practiced in the use of ail such apparatus and in the method of restoring respiration, () The Ste Government may, by order in writing, exempt, subject to such wenditions as it may think fit to impose, any factory or class or description of factories from compliance with any of the provisions of this section, 1 L ‘Section 37. Explosive or inflammable dust, as, ete. ~ Q) Where in any factory any manufacturing process produces dust, 1g3s, fume or vapour of such character and to such extent as w be likely to explode on ignition, atl practicable ‘measures shall be taken to prevent any such explasioa by- () effective enclosure of the plant or machinery used in the process; (®) removal" or prevention of the accumulation of such dust, gas, fume or vapour; (©) exclusion or effective enclosure of all possible soutees of ignition, Qe we (2) 00x xx, (2) 2000 xx. (5) xx xx, In section 37 ofthe principal Ace -™ @) (0 in sub-seotion (1), for the portion boginning with the words “any manufacturing proves produces” and ‘ending with the words “any such explosion by—”, de fotlowing shall be substituted, namely : = “any manufactaring process, storage or handling of, raw material, intermediate product or finished product produces lust, ges, flmes of vapour to suc am extent 26 to be likely fo result fn fire or ‘explosion on ignition of otherwise, all practicable measures shall be taken 10 prevent any such fire or expfosion by— (fi) affer clause (¢), the following clause shall be inserted, namely:- “(@) explosive gas measurement by suitable and calituated instrument, at such intervals as may be preseribed.”, @) after sub-section (4), the following ‘sub-sections shall be insezted, namely : = “(@A) In any factory if eny flammable 205, fume or dust is likely to be present in any area, the electrical equiptment, apparatus and Bitings in that aca shall be selected, installed and maintained as per the National Electrical Code and shall conform 0 the relevant National Standards, or to en Iniernational Standard where National Standard is wot available. (4B) The electrical equipment, apparatus and fittings referred to in sub section (4A), shell be duly approved before use in factories by the “Dirsctorato General of Occupational Safety and Health” ‘The provisions of sub-section (I) oF Section 37 require that all practical measures should be taken in any Rectory casrying on manufacturing process which products dust, gas, fame or vapour of such character and to such an extent te be likely to explode on ignition. There are situations in which vapours or fumes. or even flammable dusts on contact with hot surface may eatch fire without an explosion, Such accidents have occured in some factories. As difficulties are experienced to apply the provisions of this Section 37, if it does not result ia an explosion, but only tire, owing to the lack of legal validity ‘of applying the provisions for situations involving five, the necessity has arisen to amend sub- section (1) of Section 37 to include in its scope fire also. ‘The above amendment was considered duritig the 41" Conference wach decided ‘hat the provisions of Seation 37(1) feed to bo ameuded and this was referred 10 the Working Group of CIF, The Working Group finalized the draft and the draft amendments have been approved by the 42” Conference of CiFs, Presently there is ne provision stating clearly that the use of fameproof equipment in hazardous areas should be tested and certified and approved by competent authorities. As a result the users are net aware of such certification, ‘The inspecting authority isnot aware of such equipment bein: No, $-29012/1/96-ISH-II (Vol, XI) MINISTRY OF LABOURS. EMPLOYMENT ~ fur SECRET Page . ofNo. $-29012/1/96-ISH-H (Vol, XI) MINISTRY OF LABOUR& EMPLOYMENT. SECRET sed in hozardous locations ll their inspection. As such it cannot be fully ensured that oniy cestified and approved equipment are used. In view of the above, the amendinent is proposed. Proposed amendment has been recast by the Working Group constituted by the 41” Conference and approved by the 42" Conference 20. Taba Tn section 478 of the principal Aci= _ | Section 4iB réquires Compulsory — Disclosure | (i) For sub section (4, the following subd | submission of emergency plans of Teformation.- section shal! be substituted namely for all hazardous factories Qo irrespective of the quantity of @ “(8 (@. The ovcupier of 2 fectory | the hazardous substances @ involved in manufacture, storage or | handled by them. it is (4) Every occupier | handling such hazardous substances in | proposed io —timit’ the shall, with the approval of the Chief Inspector, draw up an on-site emergency plan and detailed disaster control measures for his factory and make known fo the workers employed therein and to the generat public living in the vicinity of the factory the safety measures required fo be taken in the event ofan accident taking place, quanttis equal to. or more. than such quantities 25 may be prescribed, shall “draw up in consultasion with workers representatives an onsite emosgency plan and detailed disaster control measures for his factory and submit the same for information of Chief Inspector and other authorities as may be prescribed. (©) The occupier of the factory shall ‘make known to the workers employed in the factory and to the general public ia the vicinity of the factory, the safety measures required to be taken in aceondance with the on-site emergency plan and detailed disaster control measures drawn under sub-clause (a) above in the event of an accider taking place. Provided that the Contral Government or the Stale Government oF the Chief Inspector may, subject to the prior approval of the Central Government ot the ‘State Government, by order in ‘writing, require any factory carrying on hazardous process, imespective of the quantity of hazardous substances in the Premises, t0 draw up an on-site emergency plan and disaster contral measures”, Fequirement of emergency plan to the factories using hazardous substance beyond a prescribed threshold quantity. Consultations with workers’ representative is envisoged under the iLO ‘Convention No.i74 which has been recently ratified by the Government of India, Approved by the 41 Confezence No, $-29012/1/96-ISH-MI ¢Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT 1S SECRET Page ... ofNo. $-29012/1/961SHAI (Vol. XD MINISTRY OF LABOUR& EMPLOYMENT SECRET 2. aL BS) (8) Every occupier of a factory stall, ~ @) if such fictory engaged in a hazardous process the commencement of the Factories (Amendment) Act, 1987 within @ period ofthity days of such ‘commencement and ©) if such factory proposes to engege in a hazardous process at_any tims after such, commencement, within a period of 30 ‘days before the commencement of sue process, inform the Chief Inspector of the ane and details of the process in such form and insuch mauner as may. be prescribed. ©. Tn Sib-ééetion (3) (2) in olaase (2), forthe words “factory engaged”, the words “factory is engaged” shall be substituted; 2s clause {b}, before the words within a period of” the words “at least” shall be inserted, This was aa error im the mended in 1987. ‘The purpose of clause (b) of sub- section (5) ist inform the Chief Inspector 30 days prior tothe commencement of the hazardous process, As such the 2mendment is necessary. aa Approved by the 41 Conference of Chief Inspectors of Factories. . | are. Specific responsibility of the occupier in retation to hazardous processes.- Every occupier of a factory involving ny hazardous process shal - (@) maintsin aceurate and up-to-date health records or, as the case may be, medical records, of the workers in the Factory who ate exposed to any chemical, toxic, or any oder harmful substances Whick are manufactured, sored, handied of ae aes records shatl be accessible fo the workers subject to such conditions as may be preseribed. In seelion 41C of the principal Act, in clause (a), for the words “chemical, taxi, or any other harmful substances”, the words “hazardous substances" shill be substtnted Sines “the “Term “hazardous substance’ is proposed tobe defined, the section should be reeast accordingly, Approved by the 41" Conference of Chief Inspectors of Factories, No, $-29012/1/96-ISH-N (Vol. X1) MINISTRY OF LABOUR& EMPLOYMENT 16- SECRET Page vocesNo. $-29012/1/96-1SH-I (Vol. X0) MINISTRY OF LABOUR& EMPLOYMENT. SECRET Oo © 2 | 40D. Power of Central Government to appoint Inquiry Committee. The Contra Government may, in the event of the occurrence oF an extraordinary situation involving a factory engaged ina hazardous process, appoint aa Tuguiry Committee 10 inquire into the standards of health and safety observed in the factory with a view to finding out the causes of ‘any failure or negtect in the adoption of any measures or standards prescribed for the health and safety of the workers ‘employed in the factory or the general public affected, or likely to be atfected, due to such failure or neglect and for the prevention and, securence of such extta-ordinary situations fe future in such factory (or elsewhere, Oren ce Tm section 41D of the principal Act, in sub-section (i), fer the words “prevention and recurrence”, the words “prevention of recurrence” shall be substituted, ‘This "was an inadvertent ewor im the Factories (Amendment) Act, 1987, Approved by the 41" Conference of Chief Inspectors of Factories. a Standards Q) Where the Centrat Government is satisfied that a0 standards of safety have been prescribed in respect of a hazardous process or class of hazardous process, or where the standards so prescribed or inadequate, ‘Emergency Th section TE of the principal Aa, in sub-section (), for the words “Director- General of Factory Advice Service and Labour Institutes”, the words "Director General of Occupational Safety and ‘Health shall be substitute. ‘A change ia the name of the organisation is necessitated in view ofthe. follo 1) The names DGFASU, CLL aad RLIS do not reflect properly the activities undertaken by them resulting in erroneous vaderstanding of the fanetions of the organisation, AC times, the functions of tho Lebour Institutes sre associated with No. $-29012/1/96-ISH-IT (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT fR- SECRET PageNo. $-29012/L/96-ISH-II (Vol. X1) MINISTRY OF J.ABOUR& EMPLOYMENT SECRET may direst Directorate Factory Advice Service & Labour Institutes or aay institution specialised in matters relating to standards of safety in hazardous processes, to ley down emergency standards for enforcement of suitable standards ia respect of such hazardous processes. the General Qxxx ‘makers concerned with relations for whic institutions are available, labour separate 2) Various National Intemational agencies of referred to this organisation, other Iabour related" matters fio concerning with Safety, Health as the existing name gives a ifferent perception akiogetber and does not tly reflect the nature or setvities catied cut bythe organisation, and repute 3) the name of the organisation is changed 1o reflect properly the activities and fonctions of the organisation, then the services ofthe corganisttion ean be utilised by all who need safety-related services thereby fulfilling the pumpose and objectives of the organisation. 25. [4-F-Permissibie Timits of exposure of chemical and foxie substances.- () The maximum permissible threshold Emits of exposure of chemical and toxi substances in manufacturing processes (whedier hazardous or otherwise) in any factory shall be of the value indicated in the Second Schedule Qn. In section 41F of the principal Aci, i sub-section (/}, for the words and brackets “threshold limit of exposure of chemieal and toxic substances in manufacturing processes (whether hazardous or otherwise)", the words “mits of exposure of chemical and toxie substances in manutzcturing proves” shall be substituted The term process” is presently defined it relation to industries specified iwthe First Schedule. The scope of Section 41-F goes beyond “hazardous process” and encompasses all tpxie sutstenccs included in the Second Schedule inespective of whether “hazardous it is used in a “hazardous process”. Since it is proposed fo define the term “hazardous process” more broadly as one in which any hazardous subsiatee 's used, this. amendment becontes necessary. Approved by the 41% Conference of Chief Inspectors of Factores. 26._| Nil New Section 4-1 “fier section 411i of the principal Act, the following section shall be insered, amely:~ “41-1, The Centrat Government or State Government may make rules — ‘AC present, under Chapler IVA of the Act the State Governments have ne power to formulate safety standards or to make roles for regulating the employment of women or young persons in hazardous processes. It is proposed 10 No. $-29012/1/96-ISH-II (Vol, XD} MINISTRY OF LABOUR& EMPLOYMENT SECRET Page ofNo. $-29012/1/96-ISH-I (Vol. XD) MINISTRY OF LABOURS: EMPLOYMENT. SECRET @ specifying standards of health and safely to be followed in hazardous process; (prohibiting or restricting employment of young persons, Pregnant women, and any class of adult workers in manufacture, storage or handling involving hazardous process; (©) prohibiting, restricting or controlling the use of hazardous substances, confer rule making power on the Centrat/ State Governments for these purposes, Approved by the 41* Conference of Chief Inspectors of Factories. Parther, it was opined that giving powers (0 state and central goverment on same subject or imder the same enabling provisions, may lead 0 conflicts. Therefore it fs proposed to retain the power with Siate Governments in respect of specific provision and empower central government with general mule making powers under New Section 112-A. 7, ‘Section 46 For the section 46 of the principal Act the following section shall be substituted, narnely; — “46. (1) In every factory wherein two hundred or more workers are ordinarily employed, there shall be provided and ‘maintained @ catteca or canteens by ‘he occupier for the use of the workers. (2) The State Goverarment may prescribe (2) te standards in respect of constuction, location, accommodation, funiture, cleanliness and other equipment of the canteen (0) he foodstuffs to be served therein and the charges which may be made thorefone; (©) the consttation of managing committee for the canteen and representation of the workers in the management of the canteen; G) the items of expendtione inthe ruming ofthe canteen which are not ro be taken into account in fixing the cost of foodstwils end tho expenditore of the items shall be borne by the cecupier, (2) the periodical medical examination ‘of enttcen employees; anet the delegation to the Chief Inspector, subject fo such conditions, as may be 1. The National Commission on Labour in its report submitted to the Govt. of India in 1969, had observed — that in a unit where there is am established demand for a canteen from majoriiy of workers, the employment limit should “be brought down to 200 workers 2. The issue was discussed in 208, 21% 22 and 23 Conferences ‘O€Chief Inspectors of Factories freld in 1970,1971,1972 and 1973 respectively. twas decided to draft an amendment in light of ‘the recommendations of National Commission on Labour the proposed amendment was sent to te Minisny for ig consideration, 3. The Section 46(1) requires State Government to issue notification inthe Official Gazete specifying the factories, where canteen fheilities are 10 he provided. ‘The notification as well as alteration if any in the notification require considerable time and administrudve formalities and workers are deprived of such facilities il then, la other welfare provisions such No. $-29012/1/96-1SHEIE (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT. SECRET Page ofNo. §-20012/1/96-ISH-H (Vol, X1) MINISTRY OF LABOUR®& EMPLOYMENT SECRET prescribed, of the power to” make rules under clause (6), (2) The Chief Inspector may, subject to such conditions as may be specitied by rim, after recording the reasons in writing relax the requirement of sub- section (1) for a period not exczeding ‘welve months for existing factories to provide the facility of canteen.” as "those under Sections 45, 47 and 48 0f the Act in respect of ambulance room, shelter, rest room, lurch room and creche, the “Act itself stipulates the requirement in specified factories, The issue wes again discussed in 36" and 37° Conferences of ClEs held in 1987 and 1988-89 respectively. However, singe the last amendments were cartied out OR in 1987 only, the issue was deferred tll next datch of amendments, 47. Shelters, rest rooms | In section 47 ofthe principal Ac, — | 1. night of the proposed and lunch rooms, (1) In every faceory wherein ‘more than one hundred and fity workers are ardivaily employed, edequaie and suitable sheers oF rest roams and a suitable lunch room, with provision for drinking ater, where workers can eat reals brought by them, shal be provided and mainlained far the use of he workers; Provided that eny canteen tmaintsined ia accordance wit the provisions of section 46 shall be regarded a5 pact of the requirements of the sub-set: Provided futher thar where a lunch room exists no worker shall eat any food in the ‘workroorn, (cin sub-section (2),— (for the words “one hundred and fifty”, the word “seventy five” shall be subtitteds Gi) for the words “suitable shelters or Fest rooms", the words “suitable and ‘Separate shelters or rest rooms for mate and female shall be substituted; workers” tf) in the Gist proviso, for the words “as part of the requirements”, the words “as part of requirement relating to the lunch room shall be substituted. (@) after sub-section (3), the following sub-section shall be inserted, namely = “(A The Chief Inspector may, subject to such constions as may be specified by him, after recording the reasons, relax the requirement of sub-section (J), for & period nat exceeding twelve months for existing factories 10 provide the facility of sholtrs, restrooms andl anch rooms”, amendments 10 the provisions under Section 46, reducing the applicability of canteen requirement from the present 250 or more workers to 100 or more workers, it was felt necessary t0 revise the limit, for rest room, Shelter and hunch room, The issue was discussed in the 44" Conference and it was approved to reduce the limit to 50 workers. 2. The Sub-Group I of Task Force on women and child development recommended separate shelters / reat rooms for male and female workers to ensure privacy and better relaxation amongst the workers of both sex “This is also inline with the separte facies for urinals, washing. places as provided under Sections 19 and 42 ofthe Factores Act 3. The expression ‘as part of the Tequirement was nat explanatory enough to specify it as "hunch room. Approved by the 41" Conference of Chief Inspectors of Factories. No. $-29012/1/96-ISELIE (Vol. XD) MINISTRY OF LABOUR& EMPLOYMENT dee SECRET Page . of‘No, $.28012/1/96.ISH-lI (Vol. XD MINISTRY OF LABOUR& EMPLOYMENT. SECRET, B, 36.” Spreadover ~The periods of work of an adult worker in a factory shall be 80 arranged thet inclusive Of his intervals for rest under section 55, they shall ot spreadover more than fen and a half hours in any day, Provided that the Chief Inspector may, for ressons to be specified in writing increased the spreadover upto uwelve hours, in Section 5, fu the provito clause , the fitst proviso would be inserted as nde “Provided that where the State Government is. satisfied, it may, by aotification in the Official Gazete, increase the pesiod of spreadover upto twelve hours in a factory or group or lass or description of factories ” ‘This provision needs to be kept i view of the special zequirement of certain classes of industry. 30 ‘New Insertion in Section 39 In section 59 of the principal Act, aller sub-section (5), the following Explanation shali be inserted, namely:- ‘Explanation — For the purposes of this section, the term “such allowances” means allowances exept those of complimentary in nature such as house Font allowance, transport and. small family allowance’. 31 64. Power to make ‘exempting rules.- wom ox x x ox GB) we oxox 4) ex xk, Gi) axe Giyex xx xx (iv) the total number of hhoots of overtime shall not exceed fy for amy one quarter, (5) Rutes made ander this seotion shall remain in force for not more than five vyeus. In section 64 of the principal Acl, — (@) in sub-section (4), in sub-clause (iv), for the word “ify”, the words “one hundred shall be substituted; (6) in sub-section (5), for the words “Rules made”, the words, brackets and figures “Rules made before the conminencement of the Factories (Amendment) Aci, 2014” shalt be substituted, 1 The nesd for inereasing the Tint of overtime work beyond 75 per quarter prescribed under sub- section (2) of Section 65. was discussed in the 43" Conference of ClFs, Tae maximum permissible overtime work up to 75 hours pet arter was felt inadequete for Some exceptional work such as in Govt, presses where the workers ate pressed in service for completion of urgent jobs tike printing of ballot papers, budget books, annual plan and five year plan documents, ete. within a short period of time, Tt was decided ta enhance the limit under Section 65(2) trom 75 up to 100 hovrs per quarter with exempting powers to Stato Governments / CIFs subject to the control of Siate Govt. Further extension of overtime up 10 120 ours pec quarter for the ocpose oF national imperative 2s Dreseribed was also proposed in the Act, in tight of this decision in the 43" No. $-29012/1/96-ISHLII (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT. =Sbo SECRET PARE eereceeee OFNo. $-29012/1/96-ISH-IT (Vol. XI) MINISTRY OF LABCUR® EMPLOYMENT SECRET Conference, It is Felt necessary to enhance the limit of overtime prescribed in Section 64(4) also, 2. The need for deleting the valicity period of the Rules mado under Section 64(5) was discussed during the 41" Conference and 42 Conference, The deiay caused due to administrative exigencies in renotifying the set of Rules at the end of five years or making changes in that and the iegal implications of the delay resulting in the rules losing its force of law was deliberated. In view of this, it was decided for deleting the requirements under sub-section (5) of Section 64, As such this ean bs deleted from the Act in order to prevent any legal implication, Accordingly the OT limit is proposed to be increased from 50 fs t 100 brs with deletion of sub- seetion(S), 32. 65. Power to make exempting orders. ox xm Q xox x QO xx xx x Gi) xx xx (ix mx xe (8) no worker shall be allowed to work overtime, for more than sever days at a sietch andthe total number of hours of overtime work in any quarier shall not exceed soventy-fve. In section 65 of the principal Act, sub-section (3), in clause (iv), — (@) for the words “seventy-five”, the words “one hundred and fifteen” shall be substituted; ®) alter Explanation, she. following proviso shal! be inserted, namely; — “Provided that the State Government or the Chief Inspector may, subject to the prior approval of the State Government, by order further eahance the total number of hours of overtime work ia any quarter to one hundred and twenty- five in the public intevest.”. The need for increasing the Fimit of overtime work beyond 75 per quarter preserited under’ sub section Q) of Section 65 was discussed in the 43” Conference of CIPS, ‘The meximom permissible overtime work up to 75 hours per quarier was feht inadequate for some exceptional work such as in Govt, press where the workers are pressed in service for completion of urgent fobs like printing. of ballot papers, budget books, annual plan and five year plan documents, exc, within « short period of time, 1b was decided to enhance the limit Under Section 65(2) from 75 up to 100 hows per quarter with exempting powers to State Goveruments! CIFs subject to the control of Staie Govt, Furthar extension of overtime up to 120 hours per quarter for the purpose of national imperative ns. prescribed vvas also proposed in the Act. Further the matter was discussed in depth _and_it_was proposed _to ‘No, $-29012/1/96-ISH-U (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT. AL SECRET Page ...No. $-29012/1/96-ISHII (Vol. X) MINISTRY OF LABOUR® EMPLOYMENT SECRET increase tke OT Timit under Section 65 from 75 per quarter 0 115 per quarter. 33. | Section-66 restrict on employment of women: — chapter shall, in their application to women in frctories, bs supplemented by the following further restrictions, namely’ @ 90 exemption fom the provisions of Section SA may be ranted in respact of any women, (©) 0 women shall be required or allowed co work in any factory except between the hours of6 AM. and 7 P.M. Provided that the State Goverment may, by notitication {a the Oficial Gazette, in respect of any factory or group ar class oF description of factories, vary the limits laid down in clause (b), but so thet a0 sush variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 AM. © there stall be no change of shift except after a weekly holiday or ‘ny other holiday, @ Tre |_| Seeman may — make For deotion 56 ofthe principal At, the following section shall be substituted, namely: “G6. The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following finther restrictions, namely, — (@) no exemption from the provisions of section $4 may be granied in respect of any women; (®) there shail be no change of shifts except after s weekly holiday or any other holiday; and (©) 0 woman shall be requited or allowed to work in any factory except botween the hours of 6 A.M, and 7.P.M: “Provided that where the State Government or eny person, authorised by it im this behalf, is satisfied that adequate safeguards exist in a factory or gxoup or class or description of factories as regsrds occupational safety and health, provision of shelter, rest rooms, lunch rooms, night créches and ladies’ toilets, equal opportunity for ‘women workers, adequate protection of their dignity, honour and safety, protection from sexual harussment, end their transportation fiom the factory premises 49 the nearest point of their residence, it may, by notifleation in the Official Gazette, after due consultation with, and obtaining the consent of the ‘women workers, workers, the employer, representative organisation of the employer and __ representative Many women's organisations have filed’ writ petitions in High Courts of Chennai, Andhra Pradesh, Maharashtra challenging that the Provisions contained ip Section 66 fare discriminatory and biased. Some of the High Courts have sliowed employment of women during night shifts, The iLO hed adopted a protocol relating to Night Work — (Women) Convention (Revised), 1948, under the provision of the protocol the Competent authority is @ country under the ational law and regulation is authorized to modify the duration of the night shifts or io introduce exemption fhom provisions within certain limits, ‘This will also provide flexibility in the matter of employment of women duting night No. $-29012/1/96-1SH-N (Vol. XL) MINISTRY OF LABOUR& EMPLOYMENT —I3- SECRET Page ofNo. $-29012/1/96-ISH-It (Vel. XT) MINISTRY OF LABOUR& EMPLOYMENT secret Tales providing fer ihe | organkuaion of workers of he exemption from the | concerned factory, allow women to restrictions set out in sub- } work between 7.00 P.M. and 6.00 A.M. Seo,(1), to such extent and | in such factory subject to such subject to such conditions | conditions as may be specified therein: sit rescribe, of women ‘woring.in he | Poviled fer tht no such curing or fish-canning | Petméssion shall be granted to a woman factories, where the | Worker during a pesicd of sixteen weeks employment of women | before and after her childbieth, of which beyond the hours specified | at least cight weeks shall be before the im the said restrictions is | ©XPected childbirth, and for such evessary 10 prevent | Additional period, ffany, as specitied in damage to, er detetioration | thé medical certificate stating that it is in any ray materi necessary for the health of the woman worker or er child Provided also that the resiiction @) Theres made | contained in the preceding proviso may under sub-section (2) be relaxed at the express request of a shall remain in force for | woman worker on the basis of the not more thaa three medical certificate stating that neither yours ata time, her healta nor thst of her child will be endangered.” 34] 76. Power to make | Clauss (6) may be onalted The issue relating to the rules prescription of physical siandards ‘The State Goverament to be attained by children and may make rules adolescents working in factories, have been carethlly examined in. (@) preseribing the forms the light of the need expressed of centficates of fitness to Goring the 1" Conference of ‘be granted under seotion CIs.” Based on the medical 69, providing for the grant opinion, the 42" Conferenca of duplicates in the event decided that it woutd ot be of loss of the original possible i _preseribe such certificates, and fixing the Physical standacds in view of the fees which may be differing nature of — work in charged for such tories and certificates and renewals anthropological and physiological there? and such, conditions” obtaining in the Splicates; country. ©) prescribing the Accordingly, the clause (b) of physical standards to be Section 76 will be deleted. attained by children and adolescents working factories; (©) regulating the procedure of certifying sugons der this Chapcer; L No. $-29012/1/96-ISH-II(Vol. XI) MENISTRY OF LABOUR& EMPLOYMENT. SECRET ate Page . ofNo. $-29012/1/96-ISH-MI (Vol. XD, MINISTRY OF LABOUR& EMPLOYMENT. SECRET (OD speciifing other duties which certifying surgeons ‘may be required to perforin in connection with the employment of young person it factories and fixing the fees which may be charged for such duties ‘and the persons by whom they shal be payable, A] 7 Certain other [Tr fhe existing provision, tle words, | “Employment of CHWS Aes provisions of law not | figures and bracket “Employment of | 1928" has been repealed nd barred.- ‘The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of "the Employment of Children Act, 1938 (XXVI of 1938), Children Act, 1938 (XXVI of 1938)" may be substituted by the words, figures and bracket “the Chile Labour (Prohibition aad Regulation) Act, i9g6”, he new Act has come into force. Approved by the 41° Conference of Chief Inspectors of Factories, 36. /79. Annual Leave with wages (I) Every worker who has worked for a period of 240 days or more ina factory during a celendar year shall be allowed “during tive subsequent calendar year leave with wages for a number of days calculated atthe rate of - @ if an adult, one day for every twenty days of work performed by him during the previous calendar year; GH a child, one day for every fifteen days of wark performed by him during, the previous calendar eat. Exptanaion 1 For the Purpose of this Section ~ (@) any days of lay-off by agreement oF contract or as, permissible under the standing orders; (0) in the case of female worker, maternity eave for any umber of days got exceeding welve weeks: 1. Ia Sub-section (1), for the’ words "280" the words “99” may be substituted 2, In the last para below explanation 1(@) “240” shalt be substituted with “96 3. In Sub-Section (2), for the words “ovo third”, the words “one fowth” may bbe substituted, The “issues relating” to he walifying period of 240 days was discussed during the Working “Group mecting at Hyderabad as well as during the 41° Conference and it was decided that lot_ of dificuties are caused 10 the Badli_ workers who are unable to enjoy. the leave with wages for not being able to perform the required number ofdays of work for no fault of theits. Further, other situations also necessitate that the qualifving period need to be deleted. yen though the provisions of Seetion 79 ere in line with the ILO Convention on Molidays with Pay, the amendment deleting he qualifying period of 240 days would be @ progressive one and ot in any way be derogatory to the basic objective and spirit of ILO Convention on “Holidays with pay The 41" Conference decided to delete it Further in the meeting held in the Ministry of Labour & Employment on 16.7.2007, it was opined that removal of qualifying period would aot be a desirable No. $-29022/1/96-ISH-H (Vol. XT) MINISTRY OF LABOUR& EMPLOYMENT —OF- SECRET Pape vee rcsesans OfNo. $-29012/1/96-ISH-II (Vol. XI) MINISTRY OF LABOUR® EMPLOYMENT SECRET ane (©) the feave earned in the year prior to that in which the Ieave is enjoyed; shall be deemed (o be days fon Which the worker has worked in a factory for the purpose of computation of the petied of 240 days or ‘more, but he shall not earn leave for these days. 2) A worker whose service commences otherwise than om the first day of Tanuary, shall be entivied to leave with wages at the rate laid down in clause (i) or as the case may be, clause (Hi) of Sub- Section (1) if he has Worked for two thirds of the total number of days in the remainder of the calendar step. Tt would be betier If some reasonable period is prescribed. yar, 37] Section 87. Dangerous | For dase i) of Secon 87 the folowing | The Sib Group 1 oF Tak Forse or operations. ‘lst will be substcuted: Women and child development Where the State Government is of pinion that’ any ranutictoring process or operation carried on Jn @ factory exposes any persons employed in it to a serious risk of injury, potsoning may order or make rules applicable (o any factory of class of description of factories in which manufacturing process of opetation is cartied on - (specifying the manufacturing process or operation and declaring it to be dangerous; (©) prohibiting or resiticting the employment of women, adolescents or children in recommended for restricting the Ir clause (b) for the words “women, | employment aly for pregnant adolescents or ehiltien” the words, | women, person with disability end “young person or a woman or a person | young person below the age of 18 ‘with disabilitis” shall be substiuted. | years. ‘This was suggested in order to promote gender equality at the work plaes. However based on the comments received from various Ministries! Departments and States, it is felt that the power for restriction / prohibition may be in respect of ait women workers rather thaa only for pregnant wornen workers ‘No, $-29012/1/96-I8H-IE (Vol. XD} MINISTRY OF LABOUR® EMPLOYMENT SECRET Page vesecsesans OF 26No, $-29012/1/96-ISH-II (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT SECRET [ite anioncing proms or operation; 38.) 89. “Notice of certain | Sub-seotion (4) tay be omited, ‘This iS consequential to diseases. introduction of new Section 92-B where consolidated penal provisions are available, : Approved by the 41" Conference of (4) TF any medical Cite? Inspectors of Factories, Practitioner fails 10 comply with the provisions of subsection Q), he shail be punishable ‘with fine which may extend to one thousand rupees. () S| Sta Safety” and “in “Sub-Seation (forthe words | A lange ln the lame oF he Occupational Health | “Director General of Factory Advice | organisation is Surveys Service & Labour Insticures”, the words | necessitated in view of the “Ditector General of Occupational | following (1) The Chief Inspector, or | Safety and Health” may be substituted. the Director General 1. The name DGPASLI, CLI end Factory Advice Service RLIs do not refiect properly the and Labour Institutes or activities undertaken by them the resulting fm erroneous Director-General Health understanding of the function Serviees, tothe of the organisation, At times, Government of India, or the function of the Labour such other persons as may Instittes are associated with be authorised in this matters concemed with Labour behalf by the Stace relations for which separate Government or the Chiet institutions are available. Inspector o the Director General of Factory 2. Vatious National and. Advice Servieo and Intemational agencies of repute Labour Institutes or referred to this onganisatfon, other the Director-General of Ikbour relmed matters" not Health concerning with Safety, Health Services may, at any time as existing name gives a during the normal working ifferem pereeption sltopeiher hows. of a factory, or at and does not truly reflect the aay other tite as is found . nature or aotivities. cairied out by him to be necessary, by the organisation after giving notice in writlag 10 the occupier or 3 If the mame of the manager of the factory or organisation is changed to reflect any other person who for properly the sctivities and No. &-29012/1/961SH-I (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT SECRET Page. ofNo. $-29012/1/964SH-It (Vol. XI) MINISTRY OF LABOUR®& EMPLOYMENT SECRET [7] ie tine being panparis te fineilons of the organisation, hen be in charge of the the services of the factory, underiake safety organisation can be utilized ‘and occupational health by all who need safety related surveys and such occupier services thereby fulfilling the or manager or ether person purpose and objectives of the shall affoed ail actties organisetion, for suck survey, including hicilties forthe examination aad testing of plant and machinery and collection of samples and aither cata relevant 20 the smnvey. 40." [92 General penalty for | T The existing Section DS may be CIF, UP raised the Teove regarding offences. as is otherwise expressly provided in this Aet and subject 10 the provisions of section 93, if in, or in respect of any factory there is any contrevention of any of the provisions of this Act or of any rule made thereunder or oF any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with Imprisonment for aterm which may extend to to years or with fine which tay extend 1 one lakh rupees or with botk and if the contravention is continued after conviction, with a further fine which Save. may extend to one thousand rupees for each day on which the contravention is $9 continued, Provided that where vontravention of any of the provisions of Chapter TV or amy tule mede thereunder or under section 87. has resulted in an ccident causing death or serious bodily injury, the fins shat] ot be less than twenty-five substituted by the following : 92. General penaliy for offences. (Save as otherwise expressly provided in this Act and subject to the provisions of section 93, if fa, or in respect of aay factory thete is any contravention of the Provisions of Chapters 1, TU. (except sections 11, 18, 19 and 29}, IV, IVA (exvept sewtions 418, 41C and 41M), VE sed IX (except section 89) ofthis Act or of fay rules made thereunder or any onder in waiting given thereunder, the occupier and the: manager of the fictory shall each be gailty of an offeace and punishable with imprisonment for a tenm which may extenci to two years or with fine which may extend to thtee Inks rupees or wrth both, and in any case it shall not be less ‘han thirty thousand rupees: Provided that where the contravention of any of the provisions of the Chapters tefteted to in sub-section (J) of rules fede there under hes resulted tn an accident causing death or serious bodily injury, the Gne shall not be less than seventy-five thousand rupees, Qi the contravention is continued after conviction unwler sub-section (2), then {he occupier and manager of the factory shall each be guilty of ax of¥enee end punishable with 2 further fine which shall not be less than two thousand rupees for each day on which the contravention is so gontinued, imposition of lass penalty by the Courts in the cases filed under Section 92 of the Factories Act to the 41* Conference of Cis snd expressed desirability of Preseribing minim penalty in the case of contravention to certain Provisions relating to safery and health of the workers, ‘The matter was discussed in the 41 and 428 Conferences and 8 Working Group was set up by the 42"! Conference, The Working Group discussed the criteria for classification of offences and conesponding Penalties and it was devided that the offences should be classified into to categories — (1) with fine and (2) with fine and” imprisonment ‘The Working Group drafted the Proposed amendment, which was approved by the 434 Conference of Chief taspectors of Factories. In addition to the above, the Ministry of Labour constituted a Committee for review of administrative laws concerning Ministry of Labour. The Committee submitted report regarding amendments t0 the Factories Act ‘and recommended that Section 92 and 93 of the Factories Act may be amended suitably regarding classification’ compounding, oF offences. It fs proposed to vonsolidate the provistons relating to penalties for violation of vatious No. $-29012//96-ISH-I! (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT -Ja- SECRET PARE onsen OFNo, $-29012/1/96-ISH-U (Vol, XI) MINISTRY OF LABOUR& EMPLOYMENT. SECRET thousand rupees inthe case of an accident death, and five thousand rupees in the ease of an accident causing serious bodily injury. Explenation- In this section and in section 94 “serious bodily injury means an injury which involves, or in all Probability will involve, the permanent loss of the use of, oF permanent injury 10, any limb or the permanent toss of, ot injury to, sight or hearing, or the facture of any bone, but shall not include the facture of bone ‘oF joint (not being fracture of more than one bone or joiu) of any phalanges of the baad or foot, L (3) In respect of any contravention of any of the provisions of this Act or of amy rules made there under or any order in writing given there under othe than those mentioned under sub-section (7), for which no penalty fizs been provided the occupier end manager of the faciory shall each be guilty of an offence and punishable with fine which may extend 40 one lakh fifly thousend rupees and if the contravention is continued after conviction, with a further fine which shall_not be ess than one thousand Tupees for each day on which the ‘contravention is so continued. Explanation. For the purposes of this section “serious body injury” means an injury which involves, or in all probability will involve, the permanent loss of the use of, oF permanent injury to, any limb or the permanent loss of, or inimy %, sight or hearing, or the fracture of any bone, but shall not include the fracture of bone 0” joist (oot being fracture of more than one bone or Joint) of any phalanges of the hand or Poot, 2. After Section 92, the following sections may be inserted:- 92, Penalties for offences by persons other than occupier, If any person, who designs, mannfecteres imports or supplies say auticie or substance for use in a factory and contravenes any of the provistons of section 7B, he shall be punishable with ‘imprisonment for a term which may ‘extend t0 six months or with fine which ‘may oxtend to three lak rupees or with both, 92B. Penalties in certains other cases. (2) Itany worker employed in a factory provisions of the Act by @ person ‘other than an ovcupler in Chapter X Wenaltios and Procedures). It is also proposed to impose a penalty for smoking ia contravention of the Provisions “of the proposed new Seotion 204, Similarly, penalty provision for ‘contravention of Section 7B is also provided. Opportunity is also taken to enhance the penalty in case of breach of Section 2003), Approved by the 41* Conference of Chief Inspectors of Factories, Based on the decision of the Committee of Secretaties the proposal has been modified. (Please see Item 10 of Annexure-V) No, S-29012/1/96-ISH-M (Vol, x1) MINISTRY OF LABCUR& EMPLOYMENT. SECRET‘No, $-29012/1/96-ISH-H (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT SECRET Spits in contravention oF sub-section Gy of section 20, he shall be punishable with fine not exceeding one hundred rupees. (2) If any medical practitioner fails 10 comply with the provisions of sub- section (2) of seotion 89, he shall be punishable with fine which may extend to thtee thousand rupees. G) any worker empioyed in & factory contravenes the provisions of sub- section (2} of section 97 or section 111 or of any rule or order made thereunder, ho shall be punishable with fine which may extend to one thousand five hundred rupees. 92 C. Compounding of certain offences (GZ) The Central Government and State Government may, by notification in the Oficial Gazette, preseribe in respect of the offences specified in the Fourth Scheele, which may before the instituion of the prosecution, be compounded by such officers or authorities and for such amount as prescribed: Provided that the Central Government or the State Government, as the case may be, may, by notification in the official Gazette, amend the Fourth Schedule ay way of addition, omission or variation of any offence specified in the said Schedule, @) Whore an offence has been sompounded under sub-section (2), no further proceedings shall be taken against the offender in respect of such offence, ‘The word ‘and’ has boen replaced with the word ‘or’ to correet the mistake, No. $-29012/1/96-ISH-H (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT Page SECRET ofNo, $-29012//96-ISH-tI (Vol. x1) MINISTRY OF LABOUR& EMPLOYMENT SECRET 41793. Liability of owner of premises in certain circumstances.~ ) Where in any premises separate buildings are leased 10 different occupiers fer use as separate _fuctories, the owner of the premises shall be responsible for the provisions and maintenance of common facilities and services such as approach reas, drainage, water supply, lighting and sanitation, @) The Chief Inspector shall have, subject to. the contol of the State Government, power to issue orders to the owner of fhe premises in respect of the cartying out of the provisions of sub-section 2). @) Where in any premises, independent or sel contained, floors or flats are leased ‘to different occupiers for use as separate factories, the owner of the premises shall be liable os if he were the occupier or manayer of a factory, of any. contravention of the provisions of this Act in respect of - @ latrines, urinals and washing Tacitites in so fac asthe ‘maintenance of the common supply of water for these purposes is concerned; 44) fencing of machinery and plant belonging to the “owner and net specifically entrusted to the custody or use of an oceupier, ‘The existing’ “Seotion 93 may be substituted by the following : 93. Liabitity of owner of premises in certain circumstances — () Where in leased to different occupiers for use as Separate factories, the owner oF the premises chafi be responsible for provision and misintenance of — ( common facilities and services such approseh roads, drainage, water supply, lighting and sanitation; (i) adequate stercases; (il procention in case of fre; i) ensuring structural stability; (@) hoists and lifts; and (+8 any other common feitities. (2) Whece in eay premises, independent or self-contained floors ot fats, compartments, rooms, galas, sheds are used as separate factories, the owner of ‘he premises shall be responsible for the provision and maintenance of - © latrines, urinals and washing feetlities, (@ satety of machinery and plant installed in the commen place or location of an occupier; Git) safe means of access t0 floors oF flats, compartments, rooms, galas, sheds and maintenance and cleaniiness of staircases and common passages; Gs) precautions in case of fire; (hoists and tits; {) probibition of the common passages, baleonies, verandas, access space, staircases and such other ‘common spaces for use of any activity ‘he sue relating Yo inclusion of tented or otherwise ls out or given buildings to different o2cupiets for use as “factory” was raised by the CIF, West Bengal in the 41" Conference, The matter was discussed in the 41" and 42! Conferences and was referred t9 2 Working Group constituted by the 42 Conference. "The Working Group drafted the proposed amendment, which wes. approved by the 43" Confesence, In addition to the above, the Ministry of Labour constituted a Committee for review of administrative laws concerning Ministry of Labour, The Committee submitted its report regarding amendment 10 the Factories Act and recommended thot Sections 92 and 93 of the Factories Act may be amended suitably regarding classification’ ‘compounding of offences, No. $-29012/1/96-1SH-II (Vol. x1) MINISTRY OF LABOUR& EMPLOYMENTNo, $-29012/1/96ISH-Ii (Vol. XT} MINISTRY OF LABOUR& EMPLOYMENT SECRET [7] Gi sate means of access to the Roors of fats and maintenance and cleantiness of stuireases and comon passages; {&) precautions ip caso of fire; (9) maintenance of hojsts and lifts; end (i) maintenance of any other common facilities provided in the premises. @ The Chief Inspector shall have, subject to the control of the State Government power to issue orders t0 the owner of the premises in respact of the camying out the provisions of sub-section (3). (9) The provisions of sub- section (3) relating to the lisbility of tae owner shall apply where in any Dremises independent rooms with common latrines, urinals and, washing facilities sre leased fo different occupiers for use as separsie factories Provided thet the owner shall be responsible also for complying with the roirements relating to the provisions and maintenance of latrines, urinals and washing facilities ©) The Chief Inspector shall have, subject to the contol of the State Government, the power to issue order to the owner of the premises referred to it sub-section (5) in respect of the catrying out of the provisions of section 46 or section 48. noi ingended in ach spacesy (vif) ensuring structural stability; amd Gu) any other common facilities provided in the premises. ©) The ovmer of premises shell be responsible fer provision, maintenance or arrangement for any other feeility which may be required but not specified in sub- sections (7) and (2) above, () ‘The Chief Inspector shall have, subject 1 the control of the State Government, the power to issue orders to the owner of the premises referred to in subsections (7) and (2) in respect of the carying out of the provisions of seotion 46 or section 47 or section 48, {9) In respect of sub-section (2) white computing for the purposes of any of the provisions of this Act, the total number of workers employed in the whole of the premises shall be deemed (o be ina single factory. @ The owmer of the promises shall be Mable for any contravention of any of the provisions of this section, a8 if he were the occupier or manager of a Rectory, and shall be punishable in aceordanee with the provisions of section 92, Explanation—For the purposes of this section, “owner” shall inclade promoter, co-operative society, trust, receiver, special officer, as the ease may be." No, $-20012/1/96-ISH-II (Vol. X1) MINISTRY OF LABOUR& EMPLOYMENT 32 - SECRET Page oFNo. $-29012/1/96-1SH-if (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT SECRET (7) Where in any premises oF a room or 4 shed are leased 10 different occupiers for use as separate factories, the owner of the premises shat! be linbie for any Sonttavention of the provistons of — @® Chapter Ht, except sections 14 and 15; @ Chapter IV, except sections 22,423,27,34,35 and 36; Provided that in respect of the provisions of sections 21, 24 and 32 the owner's liability shall be only ia so fae as such provisions relate ‘o things under his control; Provided further that the couples shall be responsible for complying With the provisions of Chapter IV'in respect of plant and machinery belonging to or supplied by bi, (8) ‘The Chief Inspector Shall have, subject to the control of the State Government, power 10 issue order to the ovmer of the premises in respect of camying out the provision of sub-section (7). (©) In respect of sub-section 6) and) while Computing for the purposes of any of the provisions of (his Act the total number of ‘workers employed, — the whole of the premises shalt bbe deemed to be @ single Factory. No. $-29012/1/96-ISHHII (Vol. ]) MINISTRY OF LABOUR& EMPLOYMENT SECRET PORE voernnecis OFNo. $-29012/1/96-ISHAI (Vol, XI) MINISTRY OF LABOUR®& EMPLOYMENT SECRET, 42. T 94, Entaneed penalty after | Tnsub-section (1), —— ‘Consequential eineridment to previous convietion.- enhance fine amount. (9 for the words “ten thousand rupees (2) If any on who hes | but which may extend to two lakh been convicted of any ©, the words “forty thousand rupees", the words “forty thousan Caer punishable der | rupees which may extend to six leh fon 92 aa gui a Sie 2B ae lo est stall boca Prisons he cha Re | Gi) in the fist proviso, forthe words Dinishabie on a subsequent | “ten sbousand rupecs”, the words "fomry conviction ‘with | thousand rupees” shall he substituted; imprisonment for a term which may extend to aree | (Wf) for the second proviso, the yes or with fine which skal | following proviso shall be substituted, "os be less than ten thousand | yamely.« rupees but which may extend to two Jakks cupees or with | “provided farther that where both contravention of any of the provisions Provided that the court | of the Chapters mentioned. in sub. may, for any adequate ad | section (J) of section 92 or of any rules Special reasons to be | rade there under has resulted. ian ‘mentioned ia the judgement | accident causing death or serious bodily impose a fue of Tess hen | injury, he fine sal noe less thw one ton thousand rupees: lalhpees:™ Provided furtes that where | (2) after sub-section (1), as so amended, conraventon of any of the | 2 Nay sutauton a5 90.0 provision of chapter 1V or | {lowing sub-section chal be any rule made thereunder | inserted, namely — or under section 87 bas resulted in an accident | "C24 If any person who has been causing death or serious | Convicted of any offence punishable bodity injury, the fine shail | under section 92A is again guilty of an not be less than thirty-five / offence involving a contravention of the Rousing fupess inthe | same provision, he shall be punishable case of an accident causing subsequent conviction = death and ten thousand | °” #S¥Oseavent conviction, rupees incase of 511 (p in caso of contraventi - accident causing serious Oe of contravention of ‘sub iy inj section (1) of section 92A, with Posty fjury. imprisonment for a term which may (@) For the purposes of sub- | extend to one yoar or with fine which section (1), mo cognizance { shall not be less than forty thousand shall be taken of any | ropeas but which may extend to five conviction made more than | lakh rupees or with both; and wo years before the fammission of the offence | (in in case of contravention of sub- for which the person is bony Ting | Seton (2) of section 92, with conviceed, imprisonment for a teem which may extend to six months or with fine which may extend io five hundred rupees or ‘No, $-29012/1/96-1ISH-H (Vol. XI) MINISTRY OF LABOURS& EMPLOYMENT SECRETNo. 8-29012/1/96-ISH-II (Vol, x1) MINISTRY OF LABOUR& EMPLOYMENT SECRET with both (©)_im sub-section (2), after the words, bracket and figure “sub-seotion (1)", the words, bracket, gure and letter “and sub-section (/4)" shalt be inserted. # 95. Penalty for obstructing inspector Whoever wilfully obstructs «an Inspector in the exercise of any power conferred on him by or under this Act, oF fails {0 produce on demand by an Inspector any regisier or other documents in his custody kept in pursuance of this Act or of any rules made thereunder, or conceals or prevents any workers, ina fretory from — appearing before, or being examined by, an_ inspector, shall be unistable wih Imprisonment for aterm which may extend to. six ronths or with fine which may extend fo tem thousand rupees or with both, Section 95 miay be substituied as foltows:- “Whoever willy obsinicts aa. Inspector in the exercise of any power conferred on him by or under this Ac o fails to produce con demand by an Inspector any regisers or other documents in his custody kept in pursuance ofthis Aet or of eny rules made thereunder or conceals or prevents aay ‘worker ina factory from appearing before, cor being exemined by en Inspector, or does vot provide reasonable and necessary assistance oF co-operasion to an Inspector Jn reaching the concen spot, branch, section, department in a factery, of conceals aay tact at figures required for ffseive implementation of the provisions ‘of the Act, shall be punishable with imprisonment for a term which may ‘ecend to six months or with fine which may extend ( thity thousand mypees or with bos” It is necessary for the occupier to provide necessary assistance in camying out the cuties by the inspector. It is a consequential amendmen, raising the fine amount, 36. Penally for wrongfully disclosing resulls of analysis under section 91 Whoever, except in so far 4s it may be necessary for the purposes of a prosecution for any offence unishable under this Act, publishes or discloses. Any person the results of an analysis made under section 9t, shal be punishable with imprisonment for a. term, which may extend six montis or with fine, which may extend ten thousand rupees or with both, 96, Penalty for wrongfully disclosing results of analysis under seetion 91 In the last sentence of the provision, for the words “ten thousand rupees",’ the words “thirty thousand rupees” inay be substituted, Tis a consequential amendment, raising the fine amount, ws. 96-4. Penalty for contravention of the provisions of Section 41 B, 41 Cand 41 96-A, Penalty for contravention of the provisions of Section 41 B, 41 C and a1 Tis @ consequendal amendment, rising the fins amount, No. $-29012/1/96-ISH-II (Vol, X1) MINISTRY OF LABOUR& EMPLOYMENT. SECRET Page...No, $-29012/1/96-ISH-II (Vol. XI) MINISTRY OF LABOUR& EMPLOYMENT SECRET (2) whoever fails to comply ‘with or contravenes any of the provisions of sections 41B, 41C oF 41H ot the oles made thereunder, shall, ip respect of such failure or contravention, be unishable with, imprisonment for 2 term which may extend to seven. yews and with fine with may extend to two lakh rupees, and in ease the failure’ or conta continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues afier the conviction for the first such fislure or contravention. @) If the failure or contravention referred to in sub-cection (1) continues. beyond a period of one year after the date of conviction, the offender shall be. punishable with imprisonment for a term which may extend to ten years, For the words “iwo lakh rupees” the words “six lakh rupees may be substituted, And for the words “five thousand rupees,” the words “ifteea thousand rupees” may be substituted 46, | 7. Offences by Workers (1). Subject 10 the provisions of Section 111, iT any worker employed i factory contravenes any provision of this Act or amy rules or orders made Giereunder, imposing. any uy of liability on workers he shall be Punishable with fine which smay extend to five huncred rupees. In Section 97, the existing sub-section (I) shall be substituted by tho following, namely = “(1)_ Subject tothe provisions of Section 111, no worker employed in ‘ectory shall contravene any provisions of this Act or any rule or order made thereunder, imposing any duty or liability on the workers” “All_the penalty provisions are being brought ander one Section, Section 92, 92-4 & 92-B. ‘The penalty provisions of this Section has also been incarporsted thee. Ta view of this it became necessary to recast this Section. Approved by the 41° Conference of Chief Inspectors of Factories. No. $-29012/1/96-ISH-II (Vol, XI) MINISTRY OF LABOUR& EMPLOYMENT SECRET Page ofNo. $:29012/1/96-1SH- (Vol. XD) MINISTRY OF LABOUR# EMPLOYMENT SECRET 41-98. Penalty for using false | 98. Penalty for using false cerdifeats » | consoquaivial ‘amendment, certificate of fitness of itness raising the fine amount, Whoever keowingly uses or ‘attempts tise, a5 | Im the Ist seutence, for the words “one veitficate of fitness granted | thousand rupees”, the words “three ‘o biinself under section 70, a | thousand rupees" may be substituted. certificate granted to another person under that section, o who, having procured suc a certificate, mowingly allow itto bo used, at an atterapt fo Use it to be made by, another Person, shall be punishable swith imprisonment for a fem, which may extend 0 ftvo months or with fine which may extend to one thousand rupees or with both, “8-99. Penalty for permidiing [59, Penalty Tor permitting Jouble |W is-@ Somsequenlal wacko double employment of” | employment of child raising he fine amount hid Ia child works ina factory con any day on which he has | In the fast sentence, for the words “one already been working in thousand rupees”, she words “three smother factory, the parent | thousand rupees” may be substituted or guardian of the child or the person heving custody of oF covtrol over him or obtaining eny direet benefit fiom his wages, shall be penishable with fine which may exiend to one thousand rupees, unless it appears to the Court that the child so worked without the consent or connivance of such parent, guardian or person 49. | Section 102 Gx Power of | It sestion 102 G) the words “one pin Raioa 102, relating to Power oF Ga, 1 make ordets- | hundred rupess” msy be substituted by | Court to make ‘orien the enone Where an order is made | the words “three hundred rupees” ©), stipulates that if the occupier or under sub-section (} the manager donot comply with the occupier or manager of the conditions specified inthe Court factory, as the case may be, Order, within the stipulated. peiod, shall be not be Tiable-— they “shall be punishable with sto pay such fine, as Jeaprisonment fora term which may aforesaid, extend six months or wih @ fine which may extend t one hundred ‘rupees per day or both. Inadvertetly, the amount of fine spesified was not revised as done ia other sections, Therefore it is proposed 10 revise the No, $-29012/1/96-1SHAI (Vol. XI} MINISTRY OF LABOUR& EMPLOYMENT SECRET, Page: of Ze -No. $-29012/1/96-SH-H (Vol. XD MINISTRY OF LABOUR& EMPLOYMENT SECRET ‘amount under Section 107) to rupees three hundced, ‘30. 104. Onad as to age-tiy When any act or omission would, if a person were under a certain age, be an offence putishable ander this Act, and such person 4s in the opinion of the Court prima facie under such age, the butden shell be on the accused to prove that such persons is not under such age, 2) A declaration in writing by a certifying surgeon relating to worker that he has personally examined him and believes him to be under the age stated in such declaration shall, for the purposes of this Act andthe rules made therender, be admissible 8s evidence of the age of Sub-section (2) of Section Tod aiay be substituted by the following - “@) A declaration in writing by a certifying surgeon or any other medical auctorty notified in this behalf by State Government under sub-section @) of section 16 of Child Labour (Prohibition and Reguistion) Act, 1986 relating to a worker stating therein tat be has personally examined such worker 10 be under or over the age stated as such in the declaration shall, for the Purposes of this Act and rutes made there under, be conclusive evidence as to the age of that workes.”. This amcadment wis also discussed during the Working Group meeting and a GR amendment was examined by a core group and discussed during the = 42" Conzerence. It was farther vetied by DGFASLL This amendment is of very urgent nature a5 this relates 10 the employment of child tabour and" certificate of age, as courts fa some instances did not accept the cortficate of age issued by the Certifying Surgeon as a final and conclusive root as to the ago ofa child. A draft amendment was framed by the Working Group constituted by the 41" Conferonee of Chie? Inspectors of Factories and the amendment has been approved by the 42™ Conference of Chief Inspectors of Factories, that worker. 31 | ML. Obligation” of in Section TH, aubseclion Q) Gall Tle consequent’ to workers. be omiteed Introduction of new Section 92-B, Q @ If any worker employed in a factory contravenes any. of ‘the provisions of this section or of any male or order msde thereunder, he shall be punishable with imprisonment for a term which may extend to three sonths, or wth fine which may "extend to" one hundred rupees, or with both. Approved. Conference, by the 43 No. $-29012/1/96-4SH-II (Vol. X1) MINISTRY OF LABOUR®& EMPLOYMENT ~B - SECRET Page vee seers OFNo. §-29012/1/96-ISH-II (Vol. XT) MINISTRY OF LABOUR& EMPLOYMENT SECRET % Wil New Section 112A, ‘ARer_ Section” 113, 2A to empower the Government to make rules inserted es follows: @ new Section Central maybe “IZA. Power to make rales by the Central Government “112A, (2) The Central Govemment ry, by notification, aad subject 1 the condition of previous publication, rake rales to carry out the provisions ofthis Act, @) Every rule made by the Central Government shall be laid, as soon as, may be alter it is made, before each House of Parliament, while it is in session, for a tozsl period of thity days which may be comprised in one session ‘or in two oF more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agres in making any ‘modification ia the rule or both Houses agree that the Tule should not be made, the male shall thereafter have effect only in such modified form or be of no effect, as the ease may be; so, however, that any suck modification or annulment shall be without prejudice to the validity of anything previously done under that role.” ‘The Conference of State Labour “Ministers held in November 7, 1988 felt that there should e uniform rules under the Act throughout the country fon important aspects of occupational safety and health. ‘The Central Government should therefore have the power to frame rules under the Act apart for the State Governments which hava power under Section 112 of the Act. The Contral Government should, however, finalise the Rules after consultation with the State Government, ‘The Conference also recommended that provisions should be made to avoid confliet between the Central and the State Rules (ia the saine manner as legislation inthe concurrent field). Approved by the 41° Conference 0 Chief Inspectors of Factories Based on the decision of the Commitee of Secretaries the proposal has been modified. (Please see item 3 of Annexute-V) 3. First Schedule Fist Schedule may be omitied, ‘in light of the proposed amendment to the definition of hazardous process under Section 2(cb), the First Schedule is omitted New proposal The “Fourth Schedule om Compoundable Offences” may be added. Based on the decision of the Commitee of Secretaries the proposal has beon modified. (Pease see Item 10 of Annexure-V) ‘No, $-29012/1/96-ISH-I (Vel. XT) MINISTRY OF LABOUR& EMPLOYMENT. ye - SECRET Page ofNeo, $-29012/1/96-1SH-Ml (Vol. XT} MINISTRY OF LABOURS& EMPLOYMENT SECRET 33. [Nil- New Section 1124 ‘Riler Section 13, a new Section 1i2A to empower the Central Government to make rules may be inserted as follows: “112A. Power te make rules by the Central Government. “112A, (2) The Comital Government may, by notification, and subject to the condition of previous publication, rake rules to camry out the provisions ofthis Act. (2) Beery rule made by she Central Government shall be laid, as soon 35, rnay be after it is made, before each House of Parliament, while it is in session, for @ total period of thirty days ‘which may be comprised in one sossion cr in two oF more successive sessions, and if, before the expiry of the session immediately following the session or the svocessive sessions aforesaid, both Houses agree in making sny ‘modification in the rule or both Houses agree thatthe rule should not be made, the tule shail thereafter have effect only in such modified form or be of no ffect, as the case may be; 50, however, that any such modifieetion or analmaeat shalt be without prejudice to the validity of anything previously done under thet nite,” The Conference “of Stale Labour Ministers nel in November 7, 1988 felt tat there should be uniform rules under te Act throughout the eountry on important aspects of toecupational safety and health The Central Government shovld therefore ave the power to frame rules under the Act apart fiom the State Governments have power Section 112 of the Act Central Government however, finalise the Rules after consultation with the State Govemment, The Conference aise recommended that provisions should be made to avoid contict between the Ceatral_ and the State Rules (in the same manner as legislation inthe oucurrent Held). under The should, “Approved by the 41% Conference ‘of Chief Inspectors of Factories. Based on the decision of the Committee of Secretaries the proposal has been modified. (Please see Item 3 of Annexure-V) 33. | First Schedule First Schedule may be omitted. Tn light of te proposed arsendient to the definition of hazardous process under Section 2(cb), the Fist Schedule is omitted. 34,_| New proposal The Fourth ‘Schedule on “Compoundable Offences" may be added. Based on the decision of the Committee of Secretaries the ‘proposal has keeu modified. (Please see Ttem 10 of Annexure-V) No. $-29012/1/96-1SHHIE (Vol. XD) MINISTRY OF LABOUR& EMPLOYMENT lp - SECRET Page of