Legislation Affecting Conditions of Work

BHARATI VIDYAPEETH DEEMED UNIVERSITY, PUNE
School of Distance Education
DIPLOMA IN LABOUR LAW &

LABOUR WELfARE
(DLL & LW)
PAPER - IV
LEGISLATIONS AFFECTING
CONDITIONS OF WORK
“Only for Private Circulation”

BHAR ATI VID YAPEETH UNIVERSIT Y, PUNE
Prof. Dr. Patangrao Kadam Prof. Dr. Shivajirao Kadam
Founder, Bharati Vidyapeeth Vice-Chancellor
Chancellor, Bharati Vidyapeeth Deemed University, Pune Bharati Vidyapeeth Deemed University, Pune
Bharati Vidyapeeth which is parent body of Bharati Vidyapeeth Deemed University, is one of the largest networks of educational
institutions in India. It was established by Hon’ble Dr. Patangrao Kadam in 1964 in Pune, with a focused objective of bringing about
intellectual awakening of people. In the last 43 dynamic years more than 160 educational institutions are fully established.
Bharati Vidyapeeth Deemed University located in Pune is multi-campus, multi-disciplinary and is one of the largest universities
established under the UGC Act, 1956 in India, was established in the year 1996 and is known for its academic excellence and for its
certain distinctive features. Its administration is ‘student’s-service-oriented’.
It conducts colleges/institutes where as many as 234 academic programmes of almost all the conventional, as well as emerging
disciplines including Medicine, Dentistry, Ayurved, Homoeopathy, Pharmacy, Nursing, Engineering, Law, Management Education,
Environment Science, Information Technology, Biotechnology, Computer Science, Social Science, Physical Education, Arts, Science,
Commerce, Hotel Management and Catering Technology etc. are proficiently implemented. The University is known for its academic
excellence across the country as well as abroad, has enrollment of 14372 students from all corners of India and also from other
countries.
The thirty-two constituent educational institutes of Bharati Vidyapeeth Deemed University, Pune, are strategically located in important
mega cities namely New Delhi, Mumbai and Pune so also for the benefit of rural and semi urban students of Maharashtra at convenient
centres like Kolhapur, Solapur, Karad, Sangli and other places.
In appreciation of the academic excellence achieved and the potential for further development, the Association of Indian Universities
has rated this University as one of the top ten universities in the country. The University has been given a permanent membership by
the Association of Indian Universities, which is the national level organization for Indian Universities. The University is also a
Member of Association of Commonwealth Universities.
The National Assessment and Accreditation Council (NAAC) has awarded the most prestigious 'A' grade to the University and to all
its constituent units. The University has already prepared its 'Vision 2020 Document', keeping in view the dreams put forth by
former President of India Dr. A.P.J.Abdul Kalam, in his 'Perspective Vision Document'. The University has committed itself to put
his dreams into reality.
Today, the access to higher education is limited to 9 per cent of the students in the age group of 17-23 years. The students belonging
to socially disadvantageous classes of the society and those in remote areas have almost no access to higher education. With the rise
in tuition fees and related expenses, the access to higher education is being denied to the economically weak but academically bright
students.
One of our objectives is to provide educational facilities to poorer and weaker sections of the society. Our aim is to reach the unreached
and so Bharati Vidyapeeth has been proposing to reach the distant learner through its School of Distance Education. The Bharati
Vidyapeeth Deemed University has committed itself to provide quality education to the prospective students through this alternate
mode of learning.
I N S T I T U T I O N S
PUNE : RESEARCH INSTITUTES
HEALTH SCIENCE INSTITUTES • Research & Development Centre in Pharmaceutical
• Medical College Sci. & Applied Chemistry
• Dental College & Hospital • Rajiv Gandhi Institute of Information
• College of Ayurved Technology & Biotechnology
• Homoeopathic Medical College • Interactive Research School for Health Affairs (IRSHA)
• College of Nursing NEW DELHI
• Institute of Management & Research
• Poona College of Pharmacy • College of Engineering
TECHNICAL INSTITUTES • Institute of Computer Application & Management
• College of Architecture MUMBAI
• College of Engineering • Medical College
MANAGEMENT INSTITUTE • Dental College & Hospital
• Institute of Management and Entrepreneurship Development • Nursing College
LIBERAL EDUCATION INSTITUTES KOLHAPUR
• Yashwantrao Mohite College of Arts, Sci. and Comm. • Institute of Management
(Jr., Sr. and Post-graduate) KARAD
• Social Science Centre • Yashwantrao Mohite Institute of Management
SANGLI
• Yashwantrao Chavan Institute of Social Sciences, • Medical College
Studies & Research • Dental College & Hospital
• College of Physical Education • Nursing College
• The Institute of Environment Education & Research • Institute of Management & Rural Development Administration
• Institute of Hotel Management and Catering Technology SOLAPUR
• New Law College • Abhijit Kadam Institute of Management and Social Sciences

ExPERT COMMITTEE
SR. NO. NAME DESIGNATION ORGANIZATION
1 Dr.S.B.Sawant Director BVDU, SDE, Pune
2 Prof. Dr. Mukund Sarda Principal & Dean BVDU, NLC, Pune
Chanakya National Law

3 Prof.Dr.A.Lakshminath Vice Chancellor
School, Patna.
4 Dr. Ujwala Bendale Asst. Professor BVDU, NLC, Pune
5 Dr. Sapna Deo Asst. Professor BVDU, NLC, Pune
Former District Judge &

6 Dr. R.M Khan BVDU, NLC, Pune
Senior Lecturer
7 Dr. Rajendra Anbhule Advocate on Record Supreme Court of India
8 Prof. U.S.Dive Senior Lecturer BVDU, NLC, Pune
9 Dr. Adish Agarwala Member Bar Council of Delhi
REVIEW COMMITTEE
COURSE SUBJECT FACULTY
DLL & DL Legislations Affecting Prof. U.S. Dive

Conditions Of Work
Dr. U.S. Bendale
Dr. Jyoti S. Dharm
Prof. Anisa Shaikh
Prof. Tanzima Contractor

CONTENTS
SR. NO. TOPIC PAGE NO.
UNIT - 1 fACTORIES ACT, 1948 1 - 40

1 Introduction
2 Objectives of the Act
3 Health, Welfare and safety provisions under the Act
4 Employers liability for hazardous and inherently dangerous
industries
5 Conclusion
UNIT - 2 PLANTATIONS LABOUR ACT, 1951 41 - 51

1 Introduction
3 Registration of plantation
4 Inspecting staff-their power and liability
5 Hours and limitation of employment, leave with wages ,
accident
6 Penalties and procedure
7 Conclusion
UNIT - 3 DOCK WORKERS (REGULATION Of EMPLOYMENT)

ACT, 1948 52 - 60
1 Introduction
3 Establishment and Constitution of first advisory committee
and Dock Labou Board-their power and functions
4 Dock worker scheme
5 Power of the Inspector
6 Conclusion
UNIT - 4 MINES ACT, 1952 61 - 71

1 Introduction
2 Inspector and certifying Surgeon, Committee -Powers and
Function
3 Mining operations and Management of Mines
4 Hours and limitation of employment, leave with wages
6 Conclusion
SR. NO. TOPIC PAGE NO.
UNIT - 5 MINES AND MINERALS (REGULATIONS AND 72 - 79

DEVELOPMENT) ACT, 1957
1 Introduction
2 Procedure for obtaining prospective licenses and mining leases
in respect of land
3 Restriction on the grant of prospective licenses
4 Conclusion
UNIT - 6 THE BOMBAY SHOPS AND ESTABLISHMENTSACT 1948 80 - 104
1 Introduction
2 Definition of commercial establishment shop
3 Registration of establishment, working hours of shops.
Restaurant, theatres
4 Employment of women and children, health and safety,
obligation of employer’s
5 Conclusion
UNIT - 7 THE CONTRACT LABOUR (REGULATION AND ABOLITION)
ACT, 1970 105 - 123
1 Introduction
2 Central and state advisory board, power to constitute
committee
3 Registration of establishments employing contract Labour,
Licensing of contractors
4 Welfare and health of contract Labour
6 Conclusion
UNIT - 8 CHILD LABOUR (PROHIBITION AND REGULATION)
ACT, 1986 124 - 132
2 Prohibition of employment of children in certain occupation
and processes
3 Regulation of condition of work of children
4 Penalties
5 Conclusion
UNIT - 9 THE MOTOR TRANSPORT WORKER’S ACT, 1988 133 - 146
1 Introduction
2 Registration of motor transport undertakings
3 Inspecting staff and their powers
4 Welfare and health provisions
6 Conclusion
Legislations Affecting Conditions Of Work
UNIT - 1
fACTORIES ACT, 1948
NOTES
SYNOPSIS
1 Introduction
3 Health, Welfare and safety provisions under the Act
4 Employers liability for hazardous and inherently dangerous
industries
5 Conclusion
Objects Of The Act:

1 To afford protection to human beings from long hours of work.
2 To provide for healthy and sanitary conditions in the factories.
3 To take precautions for the safety of the workers.
4 To provide for the prevention of accidents on machines and other
equipments.
5 To regulate and control its working by appointment of Inspectors by
the State Government.
In short, this is a labour regulating measures designed primarily for the
welfare of the factory workers. The Factories Act is a piece of social welfare
legislation. It governs the working conditions of workmen in factories. It
deals mainly with health, welfare and safety of workmen; working hours
of adults and annual leave with wages and employment of women and
young persons.
Definitions: Section 2
factory-[Section 2(m)]:
Factory means any premises including the premises including the precincts
thereof:
i) Whereon ten or more workers are working, or were working on any
day of the preceding twelve months, and in any part of which a
manufacturing process is being carried on with the aid of power, or is
ordinarily so carried on.
Factories Act, 1948 1

ii) Whereon twenty or more workers are working, or were working on

any day of the preceding twelve months, and in any part of which a
manufacturing process is being carried on without the aid of power, or
NOTES is ordinarily so carried on.
In simple words factory means any premises where twenty or more persons
are engaged in a manufacturing process without aid of power. Precincts
mean an open space enclosed by wall or fences.
Factory does not include a mine subject to the operation of the Mines Act,
1952 or a mobile unit belonging to the armed forces of the Union, a railway
running shed or hotel, restaurant or eating place. Mere fact that power is
used in the premises is not the deciding factor; the power must be used in
the aid of the manufacturing process
In order that any premises maybe held as a factory the follow: conditions
must be fulfilled:
a) A manufacturing process must be carried on in any part of premises of
the establishment; and
b) Where manufacturing process carried on with the power ten or more
workers must be working and where manufacturing process is carried
on without the aid of power twenty or more workers must be working
in that establishment. But the mere factor that the power is used in the
aid of the manufacturing process.
The following have been held to be factories:

a) Establishment which prepare articles of food and drink and cater them
to members of public who visit them. b) Salt workers which consist
merely of open stretch of large areas of land with temporary shelters.
A premise where the manufacturing process is going on with seven persons
employed permanently and three persons employed on temporary basis in
repairing of machinery is a factory.
Occupier-[Section 2(n)]:
Occupier means the person who had ultimate control over the affairs of the
factory: provided that –
i. in the case of a firm or other association of individuals, any one of the
individual partners or members thereof shall be deemed to be the
occupier;

ii. in the case of a company, any one of the directors, shall be deemed to
be the occupier;
iii. in the case of a factory owned or controlled by the Central Government
or any State Government, or any local authority, the person or persons NOTES
appointed to manage the affairs of the factory by the Central
Government, the State Government or the local authority, as the case
may be, shall be deemed to be the occupier.
Provided further that in the case of a ship which is being repaired, or on
which maintenance work is being carried out, in a dry dock which is
available for hire the owner of the dock shall be deemed to be the occupier
for the purposes of any matter provided for by or under-
a. Sections 6, 7, 7A, 7B, 11 or 12;
b. Section 17 in so far as it relates to the providing the maintenance
of sufficient and suitable lighting in or around the dock;
c. Sections 18, 19, 42, 46, 47 or 49 in relation to the workers
employed on such repair or maintenance; The owner of the ship
or his agent or master or other officer-in-charge of the ship or any
person who contracts with such owner, agent or master or other
officer-in-charge to carry out the repair or maintenance work shall
be deemed to be occupier for the purposes of any matter provided
for by or under Sections 13, 14, 16 or 17 (save as otherwise
provided in this proviso) or Chapter IV (except Section 27)
orSections 43, 44, or 45, Chapter VI, VII, VIII or IX or Sections
108, 109 or 110, in relation to (a) theworkers employed directly
by him, or by or through any agency, and (b) the machinery, plant
or premisesin use for the purpose of carrying out such repair or
maintenance work by such owner, agent, master orother officer-
in-charge or person. An occupier may be a owner, a lessee or a
mere license but he must have the right to occupy the property and
dictate terms of management.
“Manufacturing Process”-[Section 2 (k)] means any process for –

i. making, altering, repairing, ornamenting, finishing, packing, oiling,
washing, cleaning, breaking up, demolishing, or otherwise treating or
adapting any article or substance with a view to its use, sale, transport,
delivery or disposal; or
ii. pumping oil, water, sewage or any other substance; or
iii. generating, transforming or transmitting power; or

iv. composing types for printing, printing by letter press, lithography,

photogravure or other similar process or book binding; [or]
v. Constructing, reconstructing, repairing, refitting, finishing Or
NOTES
breaking up ships or vessels: [or]
vi. preserving or storing any article in cold storage;
Note : Extraction of salt from sea water and bidi making, have been held to
be a manufacturing process. Whereas, converting high voltage electricity
into low voltage is not a manufacturing process.
“Worker”-[Section 2(10]
Worker means a person [employed, directly or by or through any agency
(including a contractor) with or without the knowledge of the principal
employer, whether for remuneration or not] in any manufacturing process,
or in cleaning any part of the machinery or premises used for a
manufacturing process, or in any other kind of work incidental to, or
connected with, the manufacturing process, or the subject of the
manufacturing process [but does not include any member of the armed
forces of the Union];
“Hazardous Process”-[Section 2 (cb)]:

Hazardous Process means any process or activity in relation to an industry
specified in the First Schedule where, unless special care is taken, raw
materials used therein or the intermediate or finished products, by products,
wastes or effluents thereof would.]
i. causes material impairment to the health of the personsengaged in of
connected there with, or
ii. result in the pollution of the general environment: Provided that the
State Government may be notification in the Official Gazette amend
the First Schedule by way of addition, omission or variation to any
industry specified in the said schedule. ]
Different departments to be separate factories or two or more factories

to be a single factory –[Section 4]:
An occupier may apply to the State Government that the different
departments or branches of the factory be treated as separate factories, or

that two or more factories of the occupier be treated as a single factory. The
State Government may accept the applicant’s request and make an order to
that effect.
The State Government may make similar order on its own motion, after NOTES
allowing the occupier an opportunity of being heard.
Obligations Of Employers:
Compulsory Approval:
The occupier of any factor has to obtain prior approval of the State
Government for the site on which the factory is to be situated and for the
construction of extension of any factory.
For this purpose an application in the prescribed form along with
a. a flow chart of the manufacturing process with a brief description
of the various stages of the process.
b. plans and specifications for construction in duplicate and
c. such other particulars as may be required is to be submitted to the
Chief Inspector of Factories. However, mere replacement or addition of any

plant or machinery shall not require prior approval (or licence) unless such
replacement or addition reduces the space considered necessary for safe
working, or affects the environmental conditions of the factory.
Grant of Approval (Section 6(2):

If on an application for approval, no order is communicated to the applicant
within 3 months from the date on which it is sent, the approval shall be
deemed to have been granted.
If the State Government or the Chief Inspector refuses to grant the approval
the applicant may, within 30 days of the date of such refusal, appeal to the
Central Government.
Registration/ License and Notice by Occupier: Section 6 and 7:

The occupier of factory is also required to get the factory registered for
obtaining a licence for operating it and send a notice of occupation to the
Chief Inspector of Factories, at least 15 days before he begins to occupy
the factory. The application for registration and notice of occupation shall
be submitted in triplicate in the prescribed form along with the proof of

payment of the prescribed fee and such other information as may be required
by the licensing authority.
The licence fee shall be paid with a treasury challan under tt.1e appropriate
NOTES head of account. The Application-cum-Notice generally contains the name
and situation of the factory; name and address of the owner, occupier and
manager of the factory; address to which communications relating to the
factory may be sent; nature of the manufacturing process; total rated horse
power installed or to be installed in the factory, excluding the rated horse
power of any stand-by plant; number of workers likely to be employed in
the factory; average number of workers per a day employed during the last
12 months, etc.
All establishments which come within the scope of-the Act for the first time
are required to send the above notice within 30 days from the date the Act
becomes applicable to them. ‘Besides, factories which carryon
manufacturing process for less than 180 working days during the year, are
required to send such notice at least 30 days before resuming work. Section
7(2).’
Grant and Renewal of Licence:

If the Chief Inspector is satisfied about the particulars submitted in the
application, the Lincence for operating factory shall be granted which shall
be –valid up to next 31st Dec. Renewal of Licence shall be applied every
year, in the prescribed form at lest 30 days before its expiry, along with the
prescribed fee (which is same as for grant of licence).
Notice of Change of Manager-[Section 7 (4)] :

Whenever a new manager is appointed, the occupier must intimate the
inspector and the Chief Inspector in the prescribed form, within 7 days from
the date he takes over the charge.
General Duties as to Health, Safety and Welfare of Workers-[Section 7

(A)]: Every Occupier shall –
a) ensure, so far as is reasonably practicable, the health, safety and welfare
of all workers while they are at work in the factory.
b) provide and maintain plant and systems of work in the factory that are
safe and without risks to health;
c) make arrangements for ensuring safety and absence of risks to health
in connection with the use handling, storage and transport of articles

and substances;
d) provide necessary information, instruction, training and supervision
for the health and safety of all workers;
NOTES
e) maintain all places of work in the factory in a condition that is safe and
without risks to health;
f) provide and maintain such working environment in the factory that is
safe, without risks to health and with adequate facilities and
arrangements for the welfare of workers.
General Duties as regards Articles and Substances for use in factories-

[Section 7 (B)] :
Every person who designs, manufactures, imports or supplies any article
for use in any factory shall –
(a) ensure, so far as is reasonably practicable, that the article so designed
and constructed as to be safe and without risks to the health of the
workers when properly used;
(b) carry out or arrange for the carrying out of necessary tests a
examination for the effective implementation of duty specified in clause
(a) above;
(c) take necessary steps to ensure that adequate information will be
available in connection with the use of the article and conditions
necessary to ensure that the article, when put 10 such use, will be safe
and without risks to the health of the workers;
(d) carry out or arrange for the carrying out of necessary research for the
discovery and the elimination or minimization of any risks to the health
or safety of the workers to which the design or article may give rise.
Health Measures
To Provide Health Measures:
The occupier of factory is obliged to undertake following measures for
ensuring good health and physical fitness of workers.
(a) Cleanliness and disposal of wastes and effluents – [Section 11 & 12] :
The occupier is required to keep the factory premises clean and free
from waste and effluvia. He shall make arrangements for sweeping and
removing dirt and refuse daily, cleaning with disinfectant, effective

treatment and disposal of wastes and effluents and maintaining proper

drainage. All inside walls, partitions, staircases and roofs shall be
whitewashed once in 14 months, revarnished and painted once in three
NOTES years with washable paint or once in five years with washable paint.
Besides, all doors, window frames, other wooden or metallic
framework and shutters should be painted or varnished at least once in
five years.
The dates of white-washing, painting or varnishing etc. should be
recorded in the prescribed register.
(b) Ventilation, Temperature and Humidity : [Section 13 & 15 ]:
The factory premises should be adequately ventilated by circulation of
fresh air and comfortable temperature should be maintained in every
workroom. Besides, artificially increased humidity should be
controlled by use of purified water.
(c) Prevent Dust and Fume-[Section14 ]:
Accumulation and inhalation of dust and fumes or other impurity of
such a nature as is likely to be injurious to health of workers should be
prevented by use of exhaust fans and other safeguards.
(d) Avoid Overcrowding – [Section 16] :
The workplace should not be overcrowded by workers and minimum
space of 14.2 cubic mtrs. per workers in a new factory and 9.9 cubic
mtrs. per workers in an existing factory should be provided.
(e) Lighting and Drinking Water: [Section 17 & 18] :
Sufficient and suitable natural and artificial lights, wholesome drinking
water at suitable points and during hot season, cool water_in factories
employing 250 or more workers, should also be provided.
(f) Latrines, urinals and spittoons-[Section 19 & 20] :
Every factory should provide and maintain adequately lighted and
ventilated latrines and urinals, in sufficient numbers, for male and
female workers separately, and spittoons at suitable locations. Further,
the latrines, urinals and spittons should be washed and cleaned with
detergents and disinfectants.
Safety Measures
fencing Of Machinery-[Section 21]:
1. In every factory the following, namely-

i. every moving part of a prime-mover and every fiywheel

connected to a prime-mover, whether the prime-mover or flywheel
is in the engine-house or not;
ii. the headrace and tailrace of every water-wheel and water-turbine; NOTES
iii. any part of a stock bar which projects beyond the head stock of a
lathe; and
iv. unless they are in such position or of such construction as to be
safe to every person employed in the factory as they would be if
they were securely fenced, the following, namely:-
a. every part of an electric generator, a motor or rotary
convertor;
b. every part of transmission machinery; and
c. every dangerous part of any other machinery; shall be
securely fenced by safeguards of a substantial construction
which shall be constantly maintained and kept in position
while the parts of machinery they are fencing, are in motion
or in use: Provided that for the purpose of determining
whether any part of machinery in such position or is of such
construction as to be safe as aforesaid, account shall not be
taken of any occasion when-
i. it is necessary to make an examination of any part of the
machinery aforesaid while it is in motion or, as a result
of such examination to carry out lubrication or other
adjusting operation while the machinery is in motion,
being an examination of operation which it is necessary
to be carried out while that part of the machinery is in
motion. or
ii. in the case of any part of a transmission machinery used
in such process as may be prescribed (being a process
of a continuous nature, the carrying on of which shall be
or is likely to be substantially interfered with by the
stoppage of that part of the machinery), it is necessary
to make an examination of such part of the machinery
while it is in motion or, as a result of such examination,
to carry out any mounting or shipping of belts or
lubrication, or other adjusting operation while the
machinery is in motion, and such examination or
operation is made or carried out in accordance with the
provisions of sub-section (1) of section 22.

2. The State Government may by rules prescribe such further precautions

as it may consider necessary in respect of any particular machinery or
part thereof or exempt, subject to such condition as may be prescribed,
NOTES for securing the safety of the workers, any particular machinery or part
thereof from the Provisions of this section.
Work on or near machinery in motion-[Section 22]:

1. Where in any factory it becomes necessary to examine any part of
machinery referred to in section 21, while the machinery is in motion,
or, as a result of such examination, to carry out-
a. in a case referred to in clause (i) of the proviso to sub-section (1)
of section 21, lubrication or other adjusting operation; or
b. in a case referred to in clause (ii) of the proviso aforesaid, any
mounting or shipping of belts or lubrication or other adjusting
operation, while the machinery is in motion.
such examination or operation shall be made or carried out only
by a specially trained adult male worker wearing tight fitting
clothing (which shall be supplied by the occupier) whose name
has been recorded in the register prescribed in this behalf and who
has been furnished with a certificate of his appointment, and while
he is so engaged-Such worker shall not handle a belt at a moving
pulley unless-
i. the belt is not more than fifteen centimeters in width;
ii. the pulley is normally for the purpose of drive and not merely
a fiy-wheel or balance wheel (in which case belt is not
permissible);
iii. the belt joint is either laced or flush with the belt;
iv. the belt, including the joint and the pulley rim, are in good
repair;
v. there is reasonable clearance between the pulley and any
fixed plant or structure;
vi. secure foothold and, where necessary, secure handhold, are
provided for the operator; and
vii. any ladder in use for carrying out any examination or
operation aforesaid is securely fixed or lashed or is firmly
held by a second person; without prejudice to any other
provision of this Act relating to the fencing of machinery,
every set screw, bolt and key on any revolving shaft, spindle,

wheel or pinions and all spur, worm and other toothed or

friction gearing in motion with which such worker would
otherwise be liable to come into contact, shall be securely
fenced to prevent such contact. NOTES
2. No woman or young person shall be allowed to clean, lubricate or
adjust any part of a prime-mover or of any transmission machinery
while prime-mover or transmission machinery is in motion, or to
clean, lubricate or adjust any part of any machine if the cleaning,
lubrication or adjustment thereof would expose the woman or young
person to risk of injury from any moving part either of that machine or
of any adjacent machinery.
3. The State Government may, by notification in the Official Gazette
prohibit, in any specified factory or class or description of factories,
the cleaning, lubricating or adjusting by any person of specified parts
of machinery when those parts are in motion.
Employment of young person’s on dangerous machines-[Section 23]:

1. No young person shall be required or allowed to work at any machine
to which this section applies, unless he has been fully instructed as to
the dangers arising in connection with the machine and the precautions
to be observed, and-
a. has received sufficient training in work at the machine, or
b. is under adequate supervision by a person who has a thorough
knowledge and experience of the machine.
2. Sub-section (1) shall apply to such machines as may be prescribed by
the State Government, being machines which in its opinion are of such
a dangerous character that young persons ought not to work at them
unless the foregoing requirements are complied with.
Striking gear and devices for cutting off power-[Section 24]:

(1) In every factory-
a. suitable striking gear or other efficient mechanical appliance shall
be provided and maintained and used to move driving belts to and
from fast and loose pulleys wnich form part of the transmission
machinery, and such gear or appliances shall be so constructed,
placed and maintained so as to prevent the belt fiom creeping back
on to the first pulley;

b. driving belts when not in use shall not be allowed to rest or ride
upon shafting in motion.
(2) In every factory suitable devices for cutting off power in emergencies
NOTES from running machinery shall be provided and maintained in every
workroom: Provided that in respect of factories in operation before the
commencement of this Act, the provisions of this sub-section shall
apply only to workrooms in which electricity is used as power.
(3) When a device, which can inadvertently shift from "off" to "on"
position, is provided in a factory-to cut off power, arrangements shall
be provided for locking the device in safe position to prevent accidental
starting of the transmission machinery or other machines to which the
device it fitted.
Self-acting machines-[Section 25]:

No traversing part of a self-acting machine in any factory and no material
carried thereon shall, if the space over which it runs is a space over which
any person is liable to pass, whether in the course of his employment or
otherwise, be allowed to run on its outwards or inward traverse within a
distance forty-five centimeters from any fixed structure which is not part
of the machine:
Provided that the Chief Inspector may permit the continued use of a
machine installed before the commencement of this Act which does not
comply with the requirements of this section on such conditions for ensuring
safety as he may think fit to impose.
Casing of new machinery-[Section 26]:

1. In all machinery driven by power and installed in any factory after the
commencement of this Act,
a. every set screw, bolt or key on any revolving shaft, spindle, wheel
or pinion shall be so sunk, encased or otherwise effectively
guarded as to prevent danger;
b. all spur, worm and other toothed or friction gearing which does
not require frequent adjustment while in motion shall be
completely encased, unless it is so situated as to be as safe as it
would be if it were completely encased.
2. Whoever sells or lets on hire or, agent of a seller or hirer, causes or
procures to be sold or let on hire, for use in a factory any machinery
driven by power which does not comply with the provisions of sub-

section (1) or any rules made under sub-section (3), shall be punishable
with imprisonment for a term which may extend to three months or
with fine which may extend to five hundred rupees or with both.
3. The State Government may make rules specifying further safeguards NOTES
to be provided in respect of any other dangerous part of any particular
machine or class or description of machines.
Prohibition of employment of women and children near cotton-

openers-[Section 27]:
No woman or child shall be employed in any part of a factory for pressing
cotton in which a cotton-opener is at work: Provided that if the feed-end of
a cotton-opener is in a room separated from the delivery end by a partition
extending to the roof or to such height as the Inspector may in any particular
case specify in writing, women and children may be employed on the side
of the partition where the feed-end is situated.
Hoist and lifts-[Section 28]:

1. In every factory-
a. every hoist and lift shall be-
i. of good mechanical construction, sound material and
adequate strength;
ii. properly maintained, and shall be thoroughly examined by a
competent person at least once in every period of six months,
and a register shall be kept containing the prescribed
particulars of every such examination;
b. every hoist way and lift way shall be sufficiently protected by an
enclosure fitted with gates, and the hoist or lift and every such
enclosure shall be so constructed as to prevent any person or thing
from being trapped between any part of the hoist or lift and any
fixed structure or moving part;
c. the maximum safe working load shall be plainly marked on every
hoist or lift, and no load greater than such load shall be carried
thereon;
d. the cage of every hoist or lift used for carrying persons shall be
fitted with a gate on each side from which access is afforded to a
landing;
e. every gate referred to in clause (b) or clause (d) shall be fitted with

inter-locking or other efficient device to secure that the gate cannot

be opened except when the cage is at the landing and that the cage
cannot be moved unless the gate is closed.
NOTES 2. The following additional requirements shall apply to hoists and lifts
used for carrying persons and installed or reconstructed in a factory
after the commencement of this Act, namely:-
a. where the cage is supported by rope or chain, there shall be at least
two ropes or chains separately connected with the cage and
balance weight, and each rope or chain with its attachments shall
be capable of carrying the whole weight of the cage together with
its maximum load;
b. efficient devices shall be provided and maintained capable of
supporting the cage together with its maximum load in the event
of breakage of the ropes, chains or attachments;
c. an efficient automatic device shall be provided and maintained to
prevent the cage from over-running.
1 The Chief Inspector may permit the continued use of a hoist
or lift installed in a factory before the commencement of this
Act which does not fully comply with the provisions of sub-
section (1) upon such conditions for ensuring safety as he
may think fit to impose.
2 The State Government may, if in respect of any class or
description of hoist or lift, is of opinion that it would be
unreasonable to enforce any requirements of sub-sections (1)
and (2), by order direct that such requirement shall not apply
to such class or description of hoist or lift.
Explanation.-For the purposes of this section, no lifting
machine or appliance shall be deemed to be a hoist or lift
unless it has a platform or cage, the direction or movement
of which is restricted by a guide or guides.
Lifting machines, chains, ropes and lifting tackles-[Section 29]:

1. In any factory the following provisions shall be complied with in
respect of every lifting machine (other than a hoist and lift) and every
chain, rope and lifting tackle for the purpose of raising or lowering
persons, goods or materials:-
a. all parts, including the working gear, whether fixed or movable,
of every lifting machine and every chain, rope or lifting tackle

shall be- iii. thoroughly examined by a competent person at least

once in every period of twelve months, or at such intervals as the
Chief Inspector may specify in writing, and a register shall be kept
containing the prescribed particulars of every such examination; NOTES
b. no lifting machine and no chain, rope or lifting tackle shall, except
for the purpose of test, be loaded beyond the safe working load
which shall be plainly marked there on together with an
identification mark and duly entered in the prescribed register; and
where this is not practicable, a table showing the safe working load
of every kind and size of lifting machine or chain, rope of lifting
tackle in use, shall be displayed in prominent position on the
premises;
c. while any person is employed or working on or near the wheel
track of a travelling crane in any place where he would be liable
to be struck by the crane, effective measures shall be taken to
ensure that the crane does not approach within six metres of that
place.
i. of good construction, sound material and adequate strength
and free from defects;
ii. properly maintained; and
2. The State Government may make rules in respect of any lifting machine
or any chain, rope or lifting tackle used in factories-
a. prescribing further requirements to be compiled with in addition
to those set out in this section ;
b. providing for exemption from compliance with all or any of the
requirements of this section, where in its opinion, such compliance
is unnecessary or impracticable.
3. For the purposes of this section a lifting machine or a chain, rope or
lifting tackle shall be deemed to have been thoroughly examined if a
visual examination supplemented, if necessary, by other means and by
the dismantling of parts of the gear, has been carried out as carefully
as the conditions permit in order to arrive at a reliable conclusion as to
the safety of the parts examined.
Explanation.-In this section,-

a. "lifting machine" means a crane, crab, winch, teagle, pully block, gin
wheel, transporter or runway;

b. "lifting tackle" means any chain sling, rope sling, hook, shackle,
swivel, coupling, socket, clamp, tray or similar appliance, whether
fixed or movable, used in connection with the raising or lowering of
NOTES persons, or loads by use lifting machines.
Revolving machinery-[Section 30]:

1. In every factory in which the process of grinding is carried on there
shall be permanently affixed to or placed ear each machine in use a
notice indicating the maximum safe working peripheral speed of every
grindstone or abrasive wheel, the speed of the shaft or spindle upon
which the wheel is mounted, and the diameter of the pulley upon such
shaft or spindle necessary to secure such safe working peripheral speed.
2. The speeds indicated in notices under sub-section (1) shall not be
exceeded.
3. Effective measure shall be taken in every factory to ensure that the safe
working peripheral speed of every revolving vessel, cage, basket,
flywheel pulley, disc or similar appliance driven by power is not
exceeded.
Pressure plant-[Section 31]:

1. If in any factory, any plant or machinery or any part thereof is operated
at a pressure above atmospheric pressure, effective measures shall be
taken to ensure that the safe working pressure of such plant or
machinery or part is not exceeded.
2. The State Government may make rules providing for the examination
and testing of any plant or machinery such as is referred to in sub-
section (1) and prescribing such other safety measures in relation
thereto as may in its opinion, be necessary in any factory or class or
description of factories.
3. The State Government may, by rules, exempt, subject to such
conditions as may be specified therein, any part of any plant or
machinery referred to in sub-section (1) from the provisions of this
section.
floors, stairs and means of access – [Section 32]:

In every factory-
a. all floors, steps, stairs, passengers and gangways shall be of sound

construction, and properly maintained and shall be kept free from

obstructions and substances likely to cause persons to slip and where
it is necessary to ensure safety, steps, stairs, passages and gangways
shall be provided with substantial handrails; NOTES
b. there shall, so far as is reasonably practicable, be provided, and
maintained safe means of access to every place at which any person is
at any time required to work;
c. when any person has to work at a height from where he is likely to fall,
provision shall be made, so far as is reasonably practicable, by fencing
or otherwise, to ensure the safety of the person so working.
Pits, sumps, openings in floors, etc. –[Section 33]:

1. In every factory every fixed vessel, sump, tank, pit or opening in the
ground or in a floor which, by reason of its depth, situation,
construction or contents, is or may be a source of danger, shall be either
securely covered or securely fenced.
2. The State Government may, by order in writing, exempt, subject to
such conditions as may be prescribed, any factory or class or
description of factories in respect of any vessel, sump, tank, pit or
opening from compliance with the provisions of this section.
Excessive weights-[Section 34]:

1. No person shall be employed in any factory to lift, carry or move any
load so heavy as to be likely to cause him an injury.
2. The State Government may make rules prescribing the maximum
weights which may be lifted, carried or moved by adult men, adult
women, adolescents and children employed in factories or in any class
or description of factories or in carrying on in any specified process.
Protection of eyes-[Section 35]:

In respect of any such manufacturing process carried on in any factory as
may be prescribed, being a process which involves-
a. risk of injury to the eyes from particles or fragments thrown off in the
course of the process, or
b. risk to the eyes by reason of exposure to excessive light, the State
Government may by rules require that effective screens or suitable
goggles shall be provided for the protection of persons employed on,

or in the immediate vicinity of, the process.

Precautions against dangerous fumes, gases, etc.-[Section 36]:
NOTES 1 No person shall be required or allowed to enter any chamber, tank, vat,
pit, pipe, flue or other confined space in any factory in which any gas,
fume, vapour or dust is likely to be present to 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 means of egress.
2. No person shall be required or allowed to enter any confined space as
is referred to in sub-section (1), until all practicable measures have been
taken to remove any gas, fume, vapour or dust, which may be present
so as to bring its level within the permissible limits and to prevent any
ingress of such gas, fume, vapour or dust and unless-
a. a certificate in writing has been given by a competent person,
based on a test carried out by himself that the space is reasonably
free from dangerous gas, fume, vapour or dust: or
b. such person is wearing suitable breathing apparatus and a belt
securely attached to a rope the free end of which is held by a
person outside the confined space.
Precautions regarding the use of portable electric light-[Section 36A]:

In any factory-
a. no portable electric light or any other electric appliance of voltage
exceeding twenty-four volts shall be permitted for use inside any
chamber, tank, vat, pit, pipe, flue or other confined space unless
adequate safety devices are provided; and
b. if any inflammable gas, fume or dust is likely to be present in such
chambers tank, vat, pipe, flue or other confined space, no lamp or light
other than that of flame-proof construction shall be permitted to be
used therein.
Explosive or inflammable dust, gas, etc. – [Section 37]:

1. Where in any factory any manufacturing process produces dust, gas,
fume or vapour of such character and to such extent as to be likely to
explode on ignition, all practicable measures shall be taken to prevent
any such explosion by-
a. effective enclosure of the plant or machinery used in the process;
b. removal or prevention of the accumulation of such dust, gas, fume

or vapour;
c. exclusion or effective enclosure of all possible sources of ignition.
NOTES
2. Where in any factory the plant or machinery used in a process such as
is referred to in sub-section (1), is not so constructed as to withstand
the probable pressure which such an explosion as aforesaid would
produce, all practicable measures shall be taken to restrict the spread
and effects of the explosion by the provision in the plant or machinery
of chokes, baffles, vents or other effective appliances.
3. Where any part of the plant or machinery in a factory contains any
explosive or inflammable gas or vapour under pressure greater than
atmospheric pressure, that part shall not be opened except in
accordance with the following provisions, namely:-
a. before the fastening of any joint of any pipe connected with the
part or the fastening of the cover of any opening into the part is
loosened, any flow of the gas or vapour into the part of any such
pipe shall be effectively stopped by a stop-valve or other means;
b. before any such fastening as aforesaid is removed, all practicable
measures shall be taken to reduce the pressure of the gas or vapour
in the part or pipe to a atmospheric pressure;
c. where any such fastening as aforesaid has been loosened or
removed effective measures shall be taken to prevent any
explosive or inflammable gas or vapour from entering the part or
pipe until the fastening has been secured, or, as the case may be,
securely replaced:
Provided that the provisions of this sub-section shall not apply in the case
of plant or machinery installed in the open air.
1 No plant, tank or vessel which contains or has contained any explosive
or inflammable substance shall be subjected, in any factory, to any
welding, brazing, soldering or cutting operation which involves the
application of heat unless adequate measures have first been taken to
remove such substance and any fumes arising there from or to render
such substance and fumes non-explosive or non-inflammable and no
such substance shall be allowed to enter such plant, tank or vessel after
any such operation until the metal has cooled sufficiently to prevent
any risk of igniting the substance.
2 The State Government may by rules exempt, subject to such conditions

as may be prescribed, any factory or class or description of factories

from compliance with all or any of the provisions of this section.
Precautions in case of fire-[Section 38]:
NOTES
1. In every factory, all practicable measures shall be taken to prevent
outbreak of fire and its spread, both internally and externally, and to
provide and maintain-
a. safe means of escape for all persons in the event of a fire, and
b. the necessary equipment and facilities for extinguishing fire.
2. Effective measures shall be taken to ensure that in every factory all the
workers are familiar with the means of escape in case of fire and have
been adequately trained in the routine to be following in such cases.
3. The State Government may make rules, in respect of any factory or
class or description of factories, requiring the measures to be adopted
to give effect to the provisions of sub-sections (1) and (2).
4. Notwithstanding anything contained in clause (a) of sub-section (1) or
sub-section (2), if the Chief Inspector, having regard to the nature of
the work carried on in any factory, the construction of such factory,
special risk to life or safety, or any other circumstances, is of the
opinion that the measures provided in the factory, whether as
prescribed or not, for the purposes of clause (a) of sub-section (1) or
sub-section (2), are inadequate, he may, by order in writing, require
that such additional measures as he may consider reasonable and
necessary, be provided in the factory before such date as is specified
in the order.
Power to require specifications of defective parts or tests of stability-

[Section 39]:
If it appears to the Inspector that any building or part of a building or any
part of the ways, machinery or plant in a factory is in such a condition that
it may be dangerous to human life or safety, he may serve on the occupier
or manager or both of the factory an order in writing requiring him before
a specified date-
a. to furnish such drawings, specifications and other particulars as may
be necessary to determine whether such buildings, ways, machinery or
plant can be used with safety, or
b. to carry out such tests in such manner as may be specified in the order,
and to inform the Inspector of the results thereof.

Safety of buildings and machinery-[Section 40]:

1 If it appears to the Inspector that any building or part of a building or NOTES
any part of the ways, machinery or plant in a factory is in such a
condition that it is dangerous to human life or safety, he may serve on
the occupier or manager or both of the factory an order in writing
specifying the measures, which in his opinion should be adopted and
requiring them to be carried out before a specified date.
2 If it appears to the Inspector that the use of any building or part of a
building or any part of the ways, machinery or plant in a factory
involves imminent danger to human life or safety he may serve on the
occupier or manager or both of the factory an order in writing
prohibiting its use until it has been properly repaired or altered.
Maintenance of buildings-[Section 40A]:

If it appears to the Inspector that any building or part of a building in a
factory is in such a state of disrepair as is likely to lead to conditions
detrimental to the health and welfare of the workers, he may serve on the
occupier or manager or both of the factory an order in writing specifying
the measures which in his opinion should be taken and requiring the same
to be carried out before such date as is specified in the order.
Safety Officers-[Section 40B]:

i. wherein one thousand or more workers are ordinarily employed,
or
ii.
2. the wherein, in the opinion of the State Government, any
manufacturing process or operation is carried on, which process or
operation involves any risk of bodily injury, poisoning or disease or
any other hazard to health, to the person employed in the factory,
occupier shall, if so required by the State Government by notification
in Official Gazette, employ such number of Safety Officers as may be
specified in that notification.
3. The duties, qualifications and conditions of service of Safety Officers
shall be such as may be prescribed by the State Government.

Power to make rules to supplement this Chapter-[Section 41]:

NOTES The State Government may make rules requiring the provision in any
factory or in any class or description of factories of such further devices
and measures for securing safety of persons employed therein as it may
deem necessary.
Provisions Relating To Hazardous Processes

Constitution Of Site Appraisal Committees-[Section 41a]:
1. The State Government may, for purposes of advising it to consider
applications for grant of permission for the initial location of a factory
involving a hazardous process or for the expansion of any such factory,
appoint a Site Appraisal Committee consisting of-
a. the Chief Inspector of the State who shall be its Chairman;
b. a representative of the Central Board for the Prevention and
Control of Water Pollution appointed by the Central Government
under section 3 of the Water (Prevention and Control of Pollution)
Act, 1974 (6 of 1974) ;
c. a representative of the Central Board for the Prevention and
Control of Air Pollution referred to in section 3 of the Air
(Prevention and Control of Pollution) Act, 1981 (14 of 1981);
d. a representative of the State Board appointed under section 4 of
the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974);
e. a representative of the State Board for the Prevention and Control
of Air Pollution referred to in section 5 of the Air (Prevention and
Control of Pollution) Act, 1981 (14 of 1981);
f. a representative of the Department of Environment in the State;
g. a representative of the Meteorological Department of the
Government of India;
h. an expert in the field of occupational health; and
i. a representative of the Town Planning Department of the State
Government, and not more than five other members who may be
co-opted by the State Government who shall be-,
i. a scientist having specialised knowledge of the hazardous
process which will be involved in the factory,

ii. a representative of the local authority within whose

jurisdiction the factory is to be established, and
iii. not more than three other persons as deemed fit by the State
Government NOTES
2. The Site Appraisal Committee shall examine an application for the
establishment of a factory involving hazardous process and make its
recommendation to the State Government within a period of ninety
days of the receipt of such application in the prescribed form
3. Where any process relates to a factory owned or controlled by the
Central Government or to a corporation or a company owned or
controlled by the Central Government, the State Government shall co-
opt in the Site Appraisal Committee a representative nominated by the
Central Government as a member of that Committee.
4. The Site Appraisal Committee shall have power to call for any
information from the person making an application for the
establishment or expansion of a factory involving a hazardous process.
5. Where the State Government has granted approval to an application
for the establishment of expansion of a factory involving a hazardous
process, it shall not be necessary for an applicant to obtain a further
approval from the Central Board or the State Board established under
the Water (Prevention and Control of Pollution) Act, l974 (6 of 1974)
and the Air (Prevention and Control of Pollution) Act, 1981 {14 of
1981).
Compulsory disclosure of information by the occupier-[Section 41B]:

1 The occupier of every factory involving a hazardous process shall
disclose in the manner prescribed, all information regarding dangers
including health hazards and the measures to overcome such hazards
arising from the exposure to or handling of the materials or substances
in the manufacture, transportation, storage and other processes, to the
workers employed in the factory, the Chief Inspector, the local
authority, within whose jurisdiction the factory is situate, and the
general public in the vicinity.
2. The occupier shall, at the time of registering the factory involving a
hazardous process lay down a detailed policy with respect to the health
and safety of the workers employed therein and intimate such policy
to the Chief Inspector and the local authority and, thereafter, at such
intervals as may be prescribed, inform the Chief Inspector and the local
authority of any change made in the said policy.

3. The information furnished under sub-section (1) shall include accurate

information as to the quantity, specifications and other characteristics
of wastes and the manner of their disposal.
NOTES 4. Every occupier 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 to the workers employed therein and
to the general public living in the vicinity of the factory, the safety
measures required to be taken in the event of an accident taking place.
Every occupier of a factory shall,

a. if such factory engaged in a hazardous process on the commencement
of the Factories (Amendment) Act, 1987 within a period of thirty days
of such commencement; and
b. if such factory purposes to engage in a hazardous process at any time
after such commencement, within a period of thirty days before the
commencement of such process,
1 Inform the Chief Inspector of the nature and details of the process
in such form and in such manner as may be prescribed.
2 Where any occupier of a factory contravenes the provisions of
sub-section (5), the license issued under section 6 to such factory
shall, notwithstanding any penalty to which the occupier of the
factory shall be subjected to under the provisions of this Act, be
liable for cancellation.
3 The occupier of a factory involving a hazardous process shall, with
the previous approval of the Chief Inspector, lay down measures
for the handling usage, transportation and storage of hazardous
substances inside the factory premises and the disposal of such
substances outside the factory premises and publicise them in the
manner prescribed among the workers and the general public
living in the vicinity.
Specific responsibility of the occupier in relation to hazardous

processes-[Section 41C]:
Every occupier of a factory involving any hazardous process shall-
a. maintain accurate and up-to-date health records or, as the case may be,
medical records, of the workers in the factory who are exposed to any
chemical, toxic or any other harmful substances which are
manufactured, stored, handled or transported and such records shall be

accessible to the workers subject to such conditions as may be

prescribed;
b. appoint persons who possess qualifications and experience in handling
hazardous substances and are competent to supervise such handling NOTES
within the factory and to provide at the working place all the necessary
facilities for protecting the workers in the manner prescribed:
Provided that where any question arises as to the qualifications
and experience of a person so appointed, the decision of the Chief
Inspector shall be final;
c. provide for medical examination of every worker-
i. before such worker is assigned to a job involving the handling of,
or working with, a hazardous substance, and
ii. while continuing in such job, and after he has ceased to work in
such job, at intervals not exceeding twelve months in such manner
as may be prescribed,
Power of Central Government to appoint Inquiry Committee-[Section

41D]:
1 The Central Government may, in the event of the occurrence of an
extraordinary situation involving a factory engaged in a hazardous
process, appoint an Inquiry Committee to inquire into the standards of
health and safety observed in the factory with a view to finding out the
causes of any failure or neglect in the adoption of ally 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 affected,
due to such failure or neglect and for the prevention and recurrence of
such extraordinary situations in future in such factory or elsewhere.
2 The Committee appointed under sub-section (1) shall consist of a
Chairman and two other members and the terms of reference of the
Committee and the tenure of office of its members shall be such as
may be determined by the Central Government according to the
requirements of the situation.
3 The recommendations of the Committee shall be advisory in nature.
Emergency standards-[Section 41E]:

1 Where the Central Government is satisfied that no standards of safety
have been prescribed in respect of a hazardous process or class of
hazardous processes, or where the standards so prescribed are

inadequate, it may direct the Director-General of Factory Advice

Service and Labour Institutes or any Institution specialised in matters
relating to standards of safety in hazardous processes, to lay down
NOTES emergency standards for enforcement of suitable standards in respect
of such hazardous processes.
2 The emergency standards laid down under sub-section (1) shall, until
they are incorporated in the rules made under this Act, be enforceable
and have the same effect as if they had been incorporated in the rules
made under this Act.
Permissible limits of exposure of chemical and toxic substances-[Section

41f]:
a. The maximum permissible threshold limits of exposure of chemical
and toxic substances in manufacturing processes (whether hazardous
or otherwise) in any factory shall be of the value indicated in the
Second Schedule.
b. The Central Government may, at any time, for the purpose of giving
effect to any scientific proof obtained from specialised institutions or
experts in the field, by notification in the Official Gazette, make
suitable changes in the said Schedule.
Workers' participation in safety management-[Section 41G]:

1. The occupier shall, in every factory where a hazardous process takes
place, or where hazardous substances are used or handled, set up a
Safety Committee consisting of equal number of representatives of
workers and management to promote co-operation between the
workers and the management in maintaining proper safety and health
at work and to review periodically the measures taken in that behalf.
Provided that the State Government may, by order in writing and for
reasons to be recorded, exempt the occupier of any factory or class of
factories from setting up such Committee.
2 The composition of the Safety Committee, the tenure of office of its
members and their rights and duties shall be such as may be prescribed.
Right of workers to warn about imminent danger-[Section 41H]:

1. Where the workers employed in any factory engaged in a hazardous
process have reasonable apprehension that there is a likelihood of
imminent danger to their lives or health due to any accident, they may,

bring the same to the notice of the occupier, agent, manager or any
other person who is in-charge of the factory or the process concerned
directly or through their representatives in the Safety Committee and
simultaneously bring the same to the notice of the Inspector. NOTES
2 It shall be the duty of such occupier, agent, manager or the person in-
charge of the factory or process to take immediate remedial action if
he is satisfied about the existence of such imminent danger and send a
report forth-with of the action taken to the nearest Inspector.
3 If the occupier, agent, manager or the person in-charge referred to in
sub-section (2) is not satisfied about the existence of any imminent
danger as apprehended by the workers, he shall, nevertheless, refer the
matter forth-with to the nearest Inspector whose decision on the
question of the existence of such imminent danger shall be final.
Notes - New Chapter IVA inserted in the Act.-The Factories (Amendment)

Act, 1987, has inserted this new chapter in the Act after Chapter IV.
WELFARE AMENITIES
Washing facilities-[Section 42]:
a. adequate and suitable facilities for washing shall be provided and
maintained for use of the workers therein;
b. separate and adequately screened facilities shall be provided for
the use of male and female workers;
c. such facilities shall be conveniently accessible and shall be kept
clean.
2. The State Government may, in respect of any factory or class or
description of factories or of any manufacturing process, prescribe standards
of adequate and suitable facilities for washing.
facilities for storing and drying clothing-[Section 43]:

The State Government may, in respect of any factory or class or
description of factories make rules requiring the provision therein of suitable
place for keeping clothing not worn during working hours and for the drying
of wet clothing.
facilities for sitting-[Section 44]:

1 In every factory suitable arrangements for sitting shall be provided and

maintained for all workers obliged to work in a standing position, in
order that they may take advantage of any opportunities for rest which
NOTES may occur in the course of their work.
2 If, in the opinion of the Chief Inspector, the workers in any factory
engaged in a particular manufacturing process or working in a
particular room, are able to do their work efficiently in a sitting
position, he may, by order in writing, require the occupier of the factory
to provide before a specified date such seating arrangements as may
be practicable for all workers so engaged or working.
3 The State Government may, by notification in the Official Gazette,
declare that the provisions of sub-section (1) shall not apply to any
specified factory or class or description of factories or to any specified
manufacturing process.
first-aid-appliances-[Section 45]:
1. There shall, in every factory, be provided and maintained so as to be
readily accessible during all working hours first-aid boxes or cupboards
equipped with the prescribed contents, and the number of such boxes
or cupboards to be provided and maintained shall not be less than one
for every one hundred and fifty workers ordinarily employed at any
one time in the factory.
2. Nothing except the prescribed contents shall be kept in a first-aid box
or cupboard.
3. Each first-aid box or cupboard shall be kept in the charge of a separate
responsible person, who holds a certificate in first-aid treatment
recognized by the State Government and who shall always be readily
available during the working hours of the factory.
4. In every factory wherein more than five hundred workers are ordinarily
employed there shall be provided and maintained an ambulance room
of the prescribed size, containing the prescribed equipment and in the
charge of such medical and nursing staff as may be prescribed and
those facilities shall always be made readily available during the
working hours of the factory.
Canteens-[Section 46]:
1 The State Government may make rules requiring that in any specified
factory wherein more than two hundred and fifty workers are ordinarily

employed, a canteen or canteens shall be provided and maintained by

the occupier for the use of the workers.
2 Without prejudice in the generality of the foregoing power, such rules
may provide for NOTES
a. the date by which such canteen shall be provided;
b. the standard in respect of construction, accommodation, furniture
and other equipment of the canteen;
c. the foodstuffs to be served therein and the charges which may be
made therefore;
d. the constitution of a managing committee for the canteen and
representation of the workers in the management of the canteen;
(dd) the items of expenditure in the running of the canteen which
are not to be taken into account in fixing the cost of foodstuffs
and which shall be borne by the employer ;
e. the delegation to Chief Inspector subject to such conditions as may
be prescribed, of the power to make rules under clause (c).
Shelters, rest-rooms and lunch-rooms-[Section 47]:

1. In every factory wherein more than one hundred and fifty workers are
ordinarily employed adequate and suitable shelters or rest-rooms and
a suitable lunch-room, with provision for drinking water, where
workers can eat meals brought by them, shall be provided and
maintained for the use of the workers:
Provided that any canteen maintained in accordance with the provisions
of section 46 shall be regarded as part of the requirements of this sub-
section:
Provided further that where a lunch-room exists, no worker shall eat
any food in the work-room.
2. The shelters or rest-room or lunch-room to be provided under sub-
section (1) shall be sufficiently lighted and ventilated and shall be
maintained in a cool and clean condition.
3. The State Government may-
a. prescribe the standards, in respect of construction accommodation,
furniture and other equipment of shelters, rest-rooms and lunch-
rooms to be provided under this section;
b. by notification in the Official Gazette, exempt any factory or class
or description of factories from the requirements of this section.

Creches – [Section 48]:

1. In every factory wherein more than thirty women workers are
ordinarily employed there shall be provided and maintained a suitable
NOTES room or rooms for the use of children under the age of six years of
such women.
2. Such rooms shall provide adequate accommodation, shall be
adequately lighted and ventilated, shall be maintained in a clean and
sanitary condition and shall be under the charge of women trained in
the care of children and infants.
3. The State Government may make rules-
a. prescribing the location and the standards in respect of
construction, accommodation; furniture and other equipment of
rooms to be provided, under this section;
b. requiring the provision in factories to which the section applies,
of additional facilities for the care of children belonging to women
workers, including suitable provision of facilities for washing and
changing their clothing;
c. requiring the provision in any factory of free milk or refreshment
or both for such children;
d. requiring that facilities shall be given in any factory for the
mothers of such children to feed them at the necessary intervals.
Welfare Officers-[Section 49]:

1 In every factory wherein five hundred or more workers are ordinarily
employed the occupier shall employ in the factory such number of
welfare officers as may be prescribed.
2 The State Government may prescribe the duties, qualifications and
conditions of service of officers employed under sub-section (1). 50.
Power to make rules to supplement this Chapter. -
The State Government may make rules-

a. exempting, subject to compliance with such alternative arrangements
for the welfare of workers as may be prescribed, any factory or class
or description of factories from compliance with any of the provisions
of this Chapter,
b. requiring in any factory or class or description of factories that
representatives of the workers employed in the factories shall be

associated with the management of the welfare arrangements of the

workers.
NOTES
Working Hours, Holidays And Overtime
(a) Restrictions on Employment of women, Children and Adolescents
[Section 68 & 69] :
Women workers are not to be employed or allowed to work during
night or between the hours of 7 p.m. and 6 a.m. No child below the age
of 14 years is to be employed in any factory. Besides, a child between
14th and 15th year of age or an adolescent (below 18 years) is not to
be employed unless he is certified to be fit for work in a factory by a
certifying surgeon. The certificate, which shall be valid for one year,
is to be kept in the custody of the manager of factory, and the child or
adolescent has to carry with him, while at work, a token giving
reference to such certificate.
(b) No Dual Employment-[Section 69 & 71(4)] : No worker whether adult
or child, is to be employed on any day on which he has already worked
in any other factory.
(c) Working Hours-[Section 51, 54 & 71(1)] : The working hours for an
adult worker, or an adolescent certified to work as an adult, should not
exceed 48 hours in a week and 9 hours in a day, while for a child the
working hours should not exceed 4.5 hours in a day. Women workers,
female adolescents, and male adolescents below 17 years, should not
be engaged in any work between 7 p.m. and 6 a.m. Sec. 66 & 70 (1A).
Further, no child is to be engaged or permitted to work in any factory
during the night, or between 10 p.m. and 6 a.m. Sec. 71 (1).
(d) Rest Intervals and Spread over-[Section 55, 56 & 71(2) ]:
Every worker is to be allowed at least half-an-hour rest interval after a
maximum working of 5 hours at a stretch. The total hours of work
(including rest hours) are to be spread over not more than 10.5 hours
in a day for adults and not more than 5 hours/ one shift in a day for
children.
(e) Weekly Holidays –[Section 52, 53 & 71(3)]:
Every worker is to be allowed one holiday (period of 24 consecutive
hours), in a week, on any day, so that it does not result in more than 10
days continuous work without a holiday. Whenever a worker is required
to work on a weekly holiday, he is to be allowed a compensatory
holiday for each holiday so lost, within the same month, or within two
months immediately 101|wi,ng that ‘month. A record of compensatory

holidays shall be maintained in the prescribed attendance register.’

(f) Overtime –[Section 59]:
NOTES A worker working for more than 9 hours on any day or for more than
48 hours in any week, shall be entitled to wages in respect of such
overtime work at twice the ordinary rate of wages.
The total working hours in a week including overtime hours should
not exceed sixty and the total overtime hours in a quarter should not
exceed 50. Sec. 64.
(g) No Overlapping of Shifts –[Section 58] :
Shifts to be worked in a factory should be so arranged that they do not
overlap each other.
Period of overtime work and the date shall be entered in the overtime
slip in duplicate; a copy of which duly signed by the manager, or by a
person duly authorized by him in this behalf shall be given to the
worker immediately after completion of the overtime works. A register
of overtime muster roll is also to be maintained in the prescribed form.
(h) Notice of Periods of Work-[Section 61 & 72 ]:
The manager of every factory is required to display notices of periods
of work for adults and children, separately, in the prescribed forms,
showing clearly for every day the duration and hours of work for the
workers. The periods of work should be fixed beforehand and can be
changed only after obtaining prior approval of the Inspector.
No adult/ child is allowed to work in a factory otherwise than in accordance
with the notice of periods of work displayed in the factory. Sec. 63 & 64.
(i) Register of Workers –[Section 62 & 73] :
the manager of every factory is required to maintain separate registers
(muster rolls) of adult workers and child workers in the prescribed
forms containing particulars such as name of the worker, nature of his
work, the shift/ group etc.
No worker, whether adult or child, is allowed to work in a factory
unless his name appears in the register (muster roll) of workers.
Exemptions: The above provisions regarding working hours, rest
intervals, spread over, weekly holidays and overtime, etc. shall not
apply to persons holding position of supervision or management, or
who are employed in confidential position in a factory, as defined by
the State Government under the rules. Further, the State Government
may grant exemption from any or all of these provisions, subject ot
certain limits, under specified conditions such as-urgent repairs, work

which is intermittent, or which must be carried on continuously due to

technical reasons, manufacturing process which can be carried on in a
fixed season, making articles of prime necessity, printing of
newspapers, loading or unloading of railway wagons and any other NOTES
work which is of national importance. Section. 64.
1) Leave with /Wages-[Section 79 (1) & (2)]: Earned Leave:
Every worker who has worked for a period of 240 days or more during
a calendar year or, if his services commence after first of January, then
for at least two-thirds of the total number of days in the remaining part
of year, shall be entitled to following leave with wages during the next
calendar year.
(j) Leave of one day for every 20 days of work performed; if he/ she is an
adult; or (ii) Leave of one day for every 15 days of work performed, if
he/ she is a child.
The above limit for leave is the minimum limit and not the maximum, and
hence the Tribunal can award leave in excess of these limits.
Note-1: For computing the period of 240 days or more, days of earned
leave, maternity leave upto 12 weeks and lay-off by agreement/ contract or
under standing orders, shall be included but no leave shall be earned on
these days. Section 79 (1).
Note-2: Leave so admissible shall be exclusive of all holidays whether
occurring during or at either end of the period of leave. Section 79 (2).
Leaves to be with wages:

The above leaves are allowable with wages, at a rate equal to the daily
average of the total full-time earnings for the days on which the worker
actually worked during the immediately preceding calendar month. Such
total full-time earnings shall exclude any bonus or overtime, but include
dearness allowance and cash equivalent of the benefit of concessional sale
of food grains. etc. Section 80.
Note: If worker has not worked; on any day during the immediately
preceding calendar month, then such daily average of wages shall be
calculated with reference to the last preceding calendar month in which he
actually worked.
A worker who has been allowed leave for not less than 4 days in case of an
adult, and 5 days in case of a child, is to be paid in advance the wages due
for the period of leave. Section 81.

Accumulated Leave-[Section 79 (5)]:

Leave not availed of during the year, can be carried forward upto 30 days
in case of an adult and upto 40 days in case of a child. However, refused
NOTES leave can be carried forward to next year without any limit.
Leave not availed shall not be taken into consideration in computing the
period of any notice to be given before discharge/ dismissal.
Application for Leave-[Section 79 (7) & (8)] :

A worker may apply in writing to the manager of the factory, except in case
of illness, atleast 15 days before the date on which he wishes to avail may
or all of the leave allowable to him. The manager can require the worker to
submit a medical certificate, in case the leave is applied on the ground of
illness.
Wages in Lieu of Leave-[Section 79 (3)]:

If a worker is discharged or dismissed from service or quits employment or
superannuates or dies while in service, during the calendar year, he or his
heir or nominee, as the case may be, shall be entitled to wages in lieu of the
leave allocable to him for the period immediately before such discharge
dismissal, superannuation, death, etc. Payment in such cases is to be made
before the expiry of the second working day from the date of such discharge,
dismissal or quitting, or within two months from the date of such
superannuation or death.
Note: A worker shall be entitled to leave with wages in accordance with the
provisions of this Act (as discussed above) or by an award, agreement or
settlement, or contract of service, which ever provides a longer period of
leave and better benefit. Section 78.
Leave Registers to be maintained:

The manager of a factory is required to maintain the following registers in
the prescribed forms:
I. Lave with Wages Register: This register generally contain such
particulars as number of days worked, leave allowable, leave availed,
wages for / in lieu of leave, etc.
II. Leave “Book”: Each worker entitled to leave shall be provided with a
leave Book, containing the same particulars in respect of him as are
given in Leave with Wages Register.

III. Leave Register for Exempted Factories : Factories exempted u/s 84

from the provisions of this Act are required to maintain a register
showing the position of each worker as regards leave due, leave taken
and wages paid. NOTES
2) Display Notices, Maintain Registers and Submit Returns :

(a) Notices –[Section 108] :
Besides the notice required to be displayed under any other provision,
the occupier/ manager should display a notice containing abstract of
the provisions of the Act and the rules made there under, in the
prescribed form, in English and in a language understood by the
majority of the workers in the factory.
The occupier or manager is also required (if prescribed in the rules) to
intimate any intention of closure of factory or any section of department
thereof, along with the reasons for such closure, number of workers to
be affected, etc.
(b) Registers –[Section 112 ]:
The occupier/ manager should maintain such registers or records in
such forms, as may be prescribed by the State government in the rules.
The registers generally prescribed are muster roll, register of accidents
and dangerous occurrences, inspection book, etc.
(c) Returns :
The occupier/ manager is generally required to furnish certain returns
(as prescribed in the rules) such as ‘Annual Return’, ‘Half-yearly
Returns’, which contain particulars relating to wages, leaves, holidays,
etc. The half yearly return is to be submitted in Form No.35, by the
15th July of the current year. The annual return is to be submitted in
Form No. 34 by the 15th January of the succeeding year.
3) Notice of Accidents, Dangerous Occurrences and Diseases –[Section

88, 88-A & 89]: The manager of a factory is required to send notices
of the fatal and other accidents causing disablement to the worker for
a period of 48 hours of more, dangerous occurrences whether causing
any bodily injury or not, and any worker contacting any occupational
disease (as specified in third schedule). The notice should be sent in
such form, to such authority and within such time, as may be prescribed
in the rules framed by the State Govt. The State Govt. may direct an
enquiry into the causes of such accidents arid diseases.

Obligations Regarding Hazardous Processes / Substances:

The occupier/manager of a factory wherein a hazardous process is carried
on or any hazardous substance is manufactured, stored, handled or
NOTES transported, is required to undertake the following measures for ensuring
safety of life and health of the workers employed in the factory and of the
-
a) At the time of registration of the factory, the occupier should submit a
detailed policy with respect to the health and safety of the workers and
any subsequent change therein should be informed to the registration
authority. Sec.41-B(2) The occupier should also inform the Chief
Inspector about the nature and details of the hazardous process, in the
period form, within 30 days before the commencement of such process.
Failure to do so entails cancellation of the factory licence. Sec.41-B
(5) & (6) public in the vicinity of the factory.
b) The occupier should inform the workers, the Chief Inspector, the local
authority and the general public in the vicinity of the factory, about
dangers and health hazards caused by the hazardous process and the
measures taken to overcome these, the quantity, specifications, etc. of
the wastes and the manner of their disposal. Sec.41-B (1) & (3)
c) The occupier should, with the approval of the Chief Inspector, draw
up-(i) an on-site emergency plan, (ii) measures for the handling, usage
and storage of hazardous substances inside the factory and their
disposal outside the factory. Sec.41-B (4) & (7) The workers and the
public in the vicinity of the factory shall be informed of the safety
measures to be taken in case of an accident and measures of handling
and disposal of hazardous substances.
d) The occupier shall ensure that qualified persons having experience in
handling hazardous substances are appointed for any job involving
handling of or working with a. hazardous substance. The occupier shall
also make arrangements for medical examination of workers before
assigning them any such job and thereafter every year.
e) The occupier shall also maintain accurate and up-to-date
health/medical record of the workers who are exposed to any chemical,
toxic or any other harmful substances.
f) The occupier of the factory shall set up a Safety Committee consisting
of equal number of representatives of workers and management, whose
main job will be to promote co-operation between the workers and
management in maintaining proper safety and health measures and to
review them periodically. Sec.41-G

g) In case any imminent danger to the lives or health of the workers is

apprehended due to a hazardous process being carried on in the factory,
the workers may bring the same to the notice of the occupier, agent,
manager or the person incharge of the factory, or such process, who NOTES
shall thereupon, take immediate necessary remedial action and report
the matter to the Inspector. Sec.41H
Obligations of Employees:
1 A worker should not willfully interfere with or misuse any appliance,
convenience or other thing provided for the purpose of securing the
health, safety or welfare of the workers. Sec.111
2 A worker should not willfully and without reasonable cause do anything
likely to endanger himself or others.
3 A worker should not willfully neglect to make use of any appliance or
other things provided for the purpose of securing the health or safety
of the workers.
Note - Contravention of any of the above provisions would entail
imprisonment upto 3 months, or fine uptoRs. 100 or both.
Rights of Employers:
The obligations of the employees can also be reckoned as rights of the
employers. Besides these, some more rights have been vested in the
employers under the Factories Act.
1 Right to carry on the plan of setting up a new factory or extension of
an existing one, if no adverse order is communicated to him within 3
months of the application for approval. Sec.6 (2)
2 Right to appeal to the Central Government against the State
Government's refusal to grant approval to his application for setting
up a factory. Sec.6 (3)
3 Right to restrain a child 'or a young person not holding a certificate of
fitness, from working in the factory. Sec.67 & 68
4. Right of appeal against the order of the Inspector or Chief Inspector,
to the prescribed appellate authority, within 30 days of the service of
the order. Sec.107
5 Right to demand an application for leave from the worker and a
medical certificate when leave is availed on the ground of illness. Sec.
79(7)

Rights of Employees:
1 The obligations of the employers are, practically speaking the rights
of the employees. The workers have a right to claim the minimum
NOTES health and safety measures and welfare amenities as provided for in
the Act, observance of working hours, holidays, overtime, annual leave
and special protection against hazardous processes and dangerous
substances, etc.
2 A worker has the right to obtain from the occupier, information relating
to workers' health and safety at work.
3 A worker has the right to get himself trained by or through the occupier,
in respect of workers' health and safety.
4 A worker has the right to represent to the Inspector directly or through
his representative in the matter of inadequate provision for protection
of his health or safety in the factory. See.111-A
5 A worker has the right not to pay any fee or charge for the facilities or
appliances provided by the employer. See.114
6 A worker has the right to claim wages for or in lieu of leave allowable
to him, under the provisions of the Payment of Wages Act. Sec.82
Offences And Penalties: Questions:

Offences Penalties
1. (i) If the occupier and manager of a Imprisonment to each upto 2 years
factory contravenes any of the or fine upto Rs.1 lakh or both.
provisions of the Act or the Rules
made or order issued there-under, each
shall be guilty of an otfence.Sec.92
(ii) If the offence continues after Further fine uptoRS.1000/-foreach
conviction.Sec.92 day on which the offence
continues.
(iii) On subsequent conviction of the Imprisonment upto 3 years or fine
same offences Sec.94 uptoRs. 2 lakhs (Minimum fine Rs.
10,000/-)or both.
(iv) Failure to comply with any of the As stated in (i), (ii) or (iii) above
safety measures (sees. 21 to 41) or However, the minimum fine shall
precautions against dangerous be
operations (sec. 87), which results in
an accident causing
(a) Death. Rs. 25,000. Sec.92 (Rs. 35.000 on
subsequent conviction). Sec.94(1)
(b) Serious bodily injury Rs. 5,000. Sec.92 (Rs. 10,00'0 on
subsequent conviction). Sec.94(1)

Offences Penalties
2. (i) Failure to comply with (i) Imprisonment upto 7 years and
precautions against hazardous fine upto RS.2Iakhs (ii) Additional
processes and substances (sees. 41-8, fine uptoRs. 5,000 for every day NOTES
41-C and 41-H) Sec.96-A (ii) If during which, the offence
offence continues after first conviction continues
3. Any person who willfully obstructs Imprisonment upto 6 months or
an Inspector or fails to produce before fine uptoRs. 10,000/-or both.
him any records/documents. Sec.95
4. Any person who publishes or Imprisonment upto 6 months or
discloses to any person the results of fine uptoRs. 10,000/-or both.
an analysis of samples, made under
Sec. 91. Sec.96
5. Any person who sells or lets on hire Imprisonment upto 3 months or
for use in a factory any machinery fine uptoRs. 500/-or both
driven by power which is not
effectively guarded against danger or
encased. Sec.26 (2)
6.Any person who spits within the Fine uptoRs.5/-.
premises of a factory except in the
spittoons.Sec.20(4)
7. A medical practitioner who attends Fine uptoRs. 1000/-.
on a worker of a factory who is found
suffering from an occupational
disease, fails to report to the Chief
Inspector. Sec.89(4)
8. If any worker contravenes any Fine uptoRs. 500/
provision of the Act or Rules made
thereunder. Sec.97
9. Any person who knowingly uses or Imprisonment upto 2 months or
allows to be used a certificate of fine uptoRs. 1000 or both.
fitness granted to another worker.
Sec.98
10. Any parent/guardian/custodian '01 Fine upto Rs.1000/-unless it
a child or a person obtaining any direct appears to the court that the child
benefit from the child's wages permits worked without the consent of the
the child for double employment. accused
Sec.99
11. Any worker who act-s in Imprisonment upto 3 months or
Contravention of Section fine upto RS.100/-or both.
111(obligations of employees with
regard to safe use of appliances, etc.)
Sec.111

Questions
NOTES 1 Define 'factory'. State the provisions with regards to health of workers
under the Factory act 1948.
2 State the safety provisions for workers under the Factory act 1948.
3 What are the obligations of employer under the Factory act 1948?
4 Which registers are required to maintain in factory under the Factory

act 1948.
5 State the welfare provisions for workers under the Factory act 1948.
6 What are the rights of employee under the Factory act 1948?
7 Define 'Inspector' Explain the powers of Inspector under the Factory

act 1948.
8 Explain the role of safety officer under the Factory act 1948.
9 Explain the general duties of occupier for health, safety, welfare of

worker under the Factory act 1948.
10. Write a note on:

a. Manufacturing process
b. Factory
c. Occupier

UNIT - 2
PLANTATIONS LABOUR ACT, 1951
NOTES
SYNOPSIS
1 Introduction
3 Registration of plantation
4 Inspecting staff-their power and liability
5 Hours and limitation of employment, leave with wages , accident
7 Conclusion
Objectives:
The object of the Act is to regulate the conditions of work in plantations
and to provide for the welfare of labour employed therein. It came into force
with effect from 1.4.1954.
Scope And Coverage

The Act extends to the whole of India except the State of Jammu and
Kashmir. It applies to the following plantations. Sec 1(4)
(a) any land used or intended to be used for growing tea, coffee, rubber
cinchona or cardamom which admeasures 5 hectares or more and in
which fifteen or more persons are employed or were employed on any
day of the preceding twelve months;
(b) any land used or intended to be used for growing any other plant, which
admeasures 5 hectares or more and in which fifteen or more persons
are employed or were employed on any day of the preceding twelve
months, and so notified by the State Government.
The State Government may apply the provisions of the Act to any land used
or intended to be used for growing tea, coffee, rubber, cinchona, cardamom
or any other plant, even if it admeasures less than 5 hectares or employs
less than 15,persons. Sec 1(5)
Plantations Labour Act, 1951 41

Definitions-[Section 2]
(i) Plantation:
NOTES Means any plantation to which this Act applies (as noted above) and
includes offices, hospitals, dispensaries, schools, and any other
premises used for any purpose connected with such plantation, but does
not include any factory' covered under' the Factories Act, 1948.
(ii) Worker:
Means a person employed in a plantation for hire or reward, whether
directly or through any agency, to do any work, skilled, unskilled,
manual or clerical but does not include
(a) medical officer employed in plantation,
(b) any person employed in plantation (including any member of
medical staff whose monthly wages exceed Rs. 750,
(c) any person employed in the plantation primarily in a managerial
capacity notwithstanding that his monthly wages do not exceed
Rs. 750 and (d) any person temporarily employed in the
plantation in any Work relating to the construction, development
or maintenance of buildings, roads, bridges' drains or canals.'
(iii) Young Person:
Means a person who is either a child or an adolescent the former being
those below 14 years and the latter being more than 14 but below 18
years of age.
Salient Provisions:
(1) Registration of Plantations:
Every employer of a plantation has to get the plantation registered with
the registering officer appointed for this purpose and obtain a certificate
of registration.See.38
(2) Health Provisions:
(i) Drinking Water: Sec.8 Every employer of a plantation shall make
effective arrangements at convenient places for the supply of
wholesome drinking water for all workers. .
(ii) Latrines and Urinals: Sec.9 Sufficient number of latrines and
urinals separately for male and female workers and conveniently
accessible to them are also to be provided by the employer and
maintained in a clean and sanitary condition.

(iii) Medical Facilities: Sec.10 The employers are required to provide

and maintain the prescribed medical facilities for the plantation
workers and their families. If in any plantation the requisite
medical facilities have not been provided, the Chief Inspector may NOTES
cause such facilities to be provided and maintained and recover
the cost thereof from the defaulting employer.
Registration Of Plantations
Appointment Of Registering Officers –[Section 3a]
The State Government may, by notification in the Official Gazette,
a. Appoint such persons, being Gazetted Officers of Government as it
thinks fit, to be registering officers for the purposes of this Chapter, and
b. Define the limits within which a registering office shall exercise the
powers and discharge the functions conferred or imposed on him by or
under this Chapter.
Registration of plantations-[Section 3B]

1 Every employer of a plantation, existing at the commencement of the
Plantations Labour (Amendment) Act. 1981 shall, within a period of
sixty days of such commencement, and every employer of any other
plantation coming into existence after such commencement shall,
within a period of sixty days of the coming into existence of such
plantation, make an application to the registering officer .for the
registration of such plantation Provided that the registering officer may
entertain any such application after the expiry of the period aforesaid
if he is satisfied that the applicant was prevented by sufficient cause
from making the application within such period.
2 Every application made under sub-section (1) shall be in such form and
shall contain such particulars and shall be a accompanied by such fees
as may be prescribed.
3 After the receipt of an application under sub-section (1), the registering
officer shall register the plantation.
4 Where a plantation is registered under this section, the registering
officer shall issue a certificate of registration to the employer thereof
in such form as may be prescribed.
5 Where, after the registration of a plantation under this section, any
change occurs in the ownership or management or in the extent of the
area or other prescribed particulars in respect of such plantation, the

particulars regarding such change be intimated by the employer to the

registering officer within thirty days of such change in such form as
may be prescribed.
NOTES 6 Where as a result of any intimation received under sub-section (5), the
registering officer is satisfied that the plantation is no longer required
to be registered under this section, he shall, by order in writing, cancel
the registration thereof and shall as soon as practicable, cause such
order to be published in any one newspaper in the language of, and
having circulation in, the area where the plantation is situated.
Appeals against orders of registering officer-[Section 3C]

1 Any person aggrieved by the order of a registering officer under sub-
section (6) of Section 3-B may, within thirty days of the publication of
such order in the newspaper under that sub-section, prefer an appeal to
such authority as may be prescribed: Provided that the appellate
authority may entertain an appeal under this sub-section after the expiry
of the aforesaid period if it is satisfied that the appellant was prevented
by sufficient cause from preferring the appeal within such period.
2 After the receipt of an appeal under sub-section (1), the appellate
authority may, after giving the appellant, the employer referred to in
sub-section (5) of Section 3-B and the registering officer an opportunity
of being heard in the matter, dispose of the appeal as expeditiously as
possible.
Power to make rules-[Section 3D]

make rules to carry out the purposes of this Chapter.
2 In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely: -
a. The form of application for the registration of a plantation, the
particulars to be contained in such application and the fees to be
accompanied along with such application;
b. The form of the certificate of registration
c. The particulars regarding any change in respect of which
intimation shall be given by the employer to the registering officer
under sub-section (5) of Section 3-B and the form in which such
change shall be intimated

d. The authority to which an appeal may be preferred under Section

3-C and the fees payable in respect of such appeal;
e. The registers to be kept and maintained by a registering officer.]
NOTES
INSPECTING STAff
Chief inspector and inspectors:
appoint for the State duly qualified person to be chief inspector of
plantations, and so many duly qualified persons to be inspectors of
plantations subordinate to the chief inspector as it thinks fit. [( I-A)
The State Government may also, by notification in the Official Gazette,
appoint such officers of the State Government or of any local authority
under its control as it thinks fit, to be additional inspectors of
plantations for all or any of the purposes of this Act]
2 Subject to such rules as may be made in this behalf by the State
Government, the chief inspector may declare that local area or areas
within which or the plantations with respect to which, inspectors shall
exercise their powers under this Act, and may himself exercise the
powers of an inspector within such limits as may be assigned to him
by the State Government.
3 The Chief Inspector and if inspectors shall be deemed to be public
servants within the meaning of the Indian Penal Code (45 of 1860). 1.
Ins. by Act No. 59 of 11, I (w.e.f. 26-1-1982)
Powers and functions of inspectors:

Subject to any rules made by the State Government in this behalf, an
inspector may within the local limits for which he is appointed-
a. Make such examination and inquiry as he thinks fit in order to ascertain
whether the provisions of this Act and of the rules made thereunder are
being observed in the case of any plantation;
b. With such assistants, if any, as he thinks fit, enter, inspect and examine
any plantation or part thereof at any reasonable time for the purpose of
carrying out the objects of this Act;
c. Examine the crops grown in any plantation or any worker employed
therein or require the production of any register or other document
maintained in pursuance of this Act and take on the spot or otherwise
statements on any person which he may consider necessary for carrying
out the purposes of this Act;

d. Exercise such other powers as may be prescribed: Provided that no

person shall be compelled under this section to answer any question or
make any statement tending to incriminate himself.
NOTES
facilities to be afforded to inspectors:
Every employer shall afford the inspector all reasonable facilities for
making any entry, inspection, examination or inquiry under this Act.
Certifying surgeons –
1 The State Government may appoint qualified medical practitioners to
be certifying surgeons for the purposes of this Act within such local
limits or for such plantation or class of plantation as it may assign to
them respectively.
2. The certifying n shall carry out such duties as may be prescribed in
connection with-
a. The examination and Certification of workers;
b. The exercise of such medical supervision as may be prescribed
where adolescents and children are, or are to be, employed in any
work in any plantation which is likely to cause injury to their
health.
PROVISIONS AS TO HEALTH
Drinking water –
In every plantation effective arrangements shall be made by the employer
to provide and maintain at convenient places in the plantation a sufficient
supply of wholesome drinking water for all workers.
Conservancy
1 There shall be provided separately for males and females in every
plantation a sufficient number of latrines and urinals of prescribed
types so situated as to be convenient and accessible to workers
employed therein.
2 All latrines and urinals provided under sub-section (1) shall be
maintained in a clean and sanitary condition.
Medical facilities
1 In every plantation there shall be provided and maintained so as to be
readily available such medical facilities for the workers [and their

families]1 as may be prescribed by the State Government.

2 If in any plantation medical facilities are not provided and maintained
as required by sub-section (1) the chief inspector may cause to be
provided and maintained therein such medical facilities, and recover NOTES
the cost thereof from the defaulting employer. (3)
3 For the purposes of such recovery the chief inspector may certify the
costs to be recovered to the collector, who may recover the amount as
an arrear of land revenue. 1. Ins. by Act No. 34 of 1960.
Welfare Measures:
(i) Canteens: [Section 11]
In every employed, plantation wherein one or more 150 canteens
workers shall be are ordinprovidedarily and maintained for the use of
workers in accordance with the rules framed in respect thereof.
(ii) Crèches: [Section 12]
The employer of every plantation wherein 50 or more women workers,
including women employed by any contractor, are ordinarily employed,
or where the number of children (below the age of 6 years) of women
workers is 20 or more, shall provide suitable rooms for the use of
children. Besides, the State Government may order for provision of
crèche facilities in any plantation employing less than 50 women
workers or where the number of children of women workers is below
20. The crèche rooms shall be under the charge of women trained in
the care of children andinfants, shall be adequately lighted and
ventilated and maintained in a clean and sanitary condition.
(iii) Recreational Facilities: [Section 13]
The employer may be required to provide suitable recreational facilities
for the workers and children employed in his plantation.
(iv) Educational Facilities: [Section 14]
Where the number of children, between the ages of 6 and 12 years, of
the workers employed in any plantation is more than 25, the employer
may be required to provide educational facilities of the prescribed
standard for the benefit of those children:
(v) Housing Facilities: Section 15 & Section 16
t is the duty of every employer to provide and maintain necessary
housing accommodation
a. for every worker and his family residing in the plantation and

b. for every worker and his family who is residing outside the
plantation and who having put in 6 months' continuous service in
the plantation, expresses a desire in writing, to reside that
NOTES plantation. The condition of 6 months service will not, however,
apply to a worker who is a member of the family of a deceased
worker who, immediately before his death, was residing in the
plantation. The housing facilities should be provided in
accordance with the rules made in this regard.
(vi) Employers Liability in case of Accident due to House Collapse:
[Section 16A]
If death or injury is caused to any worker or a member of his family as
a result of the collapse of a house provided by the employer and the
collapse is not solely and directly attributable to a fault\ on the part of
any occupant the house, or to a natural calamity, the employer Shall be
liable to pay compensation as per the provisions of the Workmen's
Compensation Act, 1923.
(vii)Other Facilities: [Section 17]
The employer may be required to provide the workers with such
number and type of umbrellas, blanket, raincoats or other like amenities
for the protection of Workers from rain or cold as may be prescribed
under the rules.
(viii) Welfare Officers: [Section 18]
In every plantation wherein 300 or more workers are ordinarily
employed, the employer shall employ such number of welfare officers
as 'may be prescribed. The State Government may prescribe the duties,
qualifications and conditions of service of welfare officers.
HOURS AND LIMITATION

(i) Working Hours: [Section 19 & 25]
The working hours of an adolescent or child worker shall not exceed
27 hours in a week and that of an adult worker shall not exceed 48
hours in a week. An adult worker may work overtime so that his
working hours do not exceed 9 hours on any day and 54 hours In a
week. Besides, no woman or child worker should be required to work
between 7P.M. and 6 A.M. except for midwives and nurses.
Payment for overtime work on any day, or in any week, or for work
done on any closed holiday 6r on a day of rest, is to be made at twice
the rates of ordinary wages.

(ii) Weekly Holiday: [Section20(1) & (2)]

The State Government may make rules providing for a day of rest to
be allowed to all workers in every period of 7 days and also providing
for the conditions and the circumstances in which an adult worker may NOTES
be required or allowed to work overtime. A worker, if he so likes, may
work on his day of rest provided that he does not work for more than
10 days consecutively without a full holiday intervening.
(iii) Rest Interval: [Section 21 & Section 22]
No worker shall work for more than 5 hours before he has had a rest
interval of atleast half an hour. The spread-over on any day for an adult
worker in a plantation shall not exceed 12 hours inclusive of his
interval for rest and any time spent in waiting for work.
iv) Certificate of fitness: [Section 26 & Section 27]

Non-adult workers can work in a (I plantation only when a certificate
of fitness granted by a certifying surgeon is in the custody of the
employer and such non-adult worker carries with him a token giving
reference to such certificate.
LEAVE WITH WAGES: [SECTION 29 & SECTION 30]

Every adult worker in a plantation is to be allowed leave with wages at the
rate of one day for every 20 days of work performed by him and every
young person at the rate of one day for every 15 days work. Leave shall not
include weekly holiday or holidays on festivals, etc. whether occurring
during or at either end of the period of leave. Leave unavailed in a particular
year can be carried forward to the next year but accumulated leave beyond
30 days shall lapse.
Wages for the leave period shall be paid at the rate of average daily wage
calculated on the basis of full-time earnings during the preceding 12 months
in the case of piece-rated workers and daily wage payable to a time rated
worker immediately before the commencement of leave.
Note:- Wages shall include dearness allowance and money value of any
food or other concession in kind but exclude overtime earnings and bonus.
(6) Sickness Allowance: [Section 32]
An employer is required to pay a sickness allowance to a worker in respect
of a sickness certified by a qualified medical practitioner, in accordance
with the rules. Obligations of Employers Notice of Period of Work: Sec.23

Every employer is required to display and correctly maintain a notice of

periods of daily work in the plantation in the prescribed form and manner.
An employer may refuse to employ a worker for any day if on that day he
NOTES turns up for work more than half an hour after the fixed time Notice of
Accident: Sec.32A
Whenever an accident occurs in a plantation which causes death or any
bodily injury to a worker which prevents him from working for a period of
48 hours or more immediately following the accident, the employer is
obliged to send a notice thereof to the prescribed authority in the form
specified.
Register Of Accidents: [Section 32 B]

The employer is required to maintain a register of all accidents which occur
in the plantation, in the prescribed form and manner.

Offences Penalties
1. Obstruction to an Inspector in the Imprisonment upto 3 months, or
discharge of his duties under the Act. fine uptoRs. 5001-Or both.
Subsequent conviction for the same
offence within2 years shall be
punishable with imprisonment upto
6 months or with fine uptoRs.
1000/-, or with both.
2. Refusal to produce on demand by Same as above.

an Inspector any registers or document
or prevent any person from appearing
before an Inspector for examination.
3. Contravention of any provisions of Same as above.
this Act or the rules made there under
in regard to prohibition, restriction or
regulation
4. Contravention of any other Same as above.

provisions of this Act for which no
other penalty is elsewhere provided
5. Using or allowing another person to Imprisonment upto one month or
use, a false certificate of fitness fine upto Rs.50,or both

Questions
NOTES
1 Define 'Plantation'. State the provisions with regards to health of
workers under the Plantation Act 1952.
2 List the welfare facilities required by The Plantation Labour Act, 1951.
3 State the safety provisions for workers under Plantation Act 1952.
4 Explain Scope and coverage of plantation act 1952.
5 State the welfare provisions for workers under Plantation Act 1952.

UNIT - 3
DOCK WORKERS (REGULATION Of EMPLOYMENT) ACT, 1948
NOTES
SYNOPSIS
1 Introduction
3 Establishment and Constitution of first advisory committee and
Dock Labou Board-their power and functions
4 Dock worker scheme
5 Power of the Inspector
6 Conclusion
Objectives:
1 To regulate we working conditions of dockworkers
2 to regularity at the employment and of regulating the employment.
Scope:
Any person who is employed in the vicinity of any part for work of loading,
unloading movement of storage of can goes or work in preparation of ship
or other venal for the receipt or discharge of cargoes living part.
Definitions-[Section 2]:
In this Act, unless there is anything repugnant in the subject or context a)
'Board' means a Dock Labour Board established under Section 5A;
a) 'Cargo' includes anything carried or to be carried in a ship or other
vessel;
b) 'Dock Worker’ means a person employed or to be employed in, or in
the vicinity of any port on work in connection with the loading,
unloading, movement or storage of cargoes, or work in connection with
the preparation of ships or other vessels for the receipt or discharge of
cargoes or leaving Port;
c) 'Employer' in relation to a dock worker, means the person by whom he
is employed or to be employed as aforesaid;
Dock Workers (regulation of Employment) Act, 1948 52

d) 'Government' means in relation to any major port, the Central

Government and, in relation to any other Port, the State Government;
e) 'Scheme' means a Scheme made under this Act.
NOTES
Scheme for Ensuring Regular Employment Of Workers-Section 3

In followance of the object of the Act, scheme is formed for the registered
and non registered dock workers -The scheme may provide
Scheme for ensuring regular employment of workers: [Section 3 (2)]

Provision may be made by a scheme for the registration of dock workers
and employers with a view to ensuring greater regularity of employment
and of regulating the employment of dock workers, whether registered or
not,-in a part (Section 3 (1))
In particular, a scheme may provide
a. for the application of the scheme to such classes of dock workers and
employers as may be specified therein;
b. for defining the obligations of dock workers and employers subject to
the fulfillment of which the scheme may apply to them and the
circumstances in which the scheme shall cease to apply to any dock
workers or employers.
c. For regulating the recruitment and entry into the scheme of dock
workers, and the registration of dock workers and employers, including
the maintenance of registers, the removal either temporarily or
permanently, of names from the registers and the imposition of fees
for registration;
d. For regulating the employment of dock workers, whether registered or
not, and the terms and conditions of such employment, including rates
of remuneration, hours of work and conditions as to holidays and pay
in respect thereof;
e. For securing that, in respect of periods during which employment, or
full employment, is not available for dockworkers to whom the scheme
applies and who are available for work, such workers, will subject to
the conditions of the scheme receive a minimum pay.
f. For prohibiting, restricting or otherwise controlling the employment
of dock workers towhom the scheme does not apply and the
employment of dock workers by employers to whom the scheme does
not apply;

g. For creating such fund or funds as may be necessary or expedient for

the purposes of the scheme and for the administration of such fund or
funds;
NOTES h. For the training of dockworkers, in so far as satisfactory provision
k. for constituting the authority to be responsible for the administration
of the scheme;
l. for such incidental and supplementary matters as may be necessary or
expedient for the purposes of the scheme.
therefore does not exist apart from the scheme;
i. for the welfare of the officers and other staff of the Board;
j. for the manner in which, and the persons by whom, the cost of
operating the scheme is to be defrayed;
According to sub-section (3), a scheme may further provide that a
contravention of any provision thereof shall be punishable with
imprisonment for such term as may be specified but in no case exceeding
three months in respect of a first contravention or six months in respect of
any subsequent contravention, or with fine which may extend to such
amount as may be specified but in no case exceeding five hundred rupees
in respect of a first contravention or one thousand rupees in respect of any
subsequent contravention or with both imprisonment and fine as aforesaid.
Making variation and revocation of scheme-[Section 4]:

The provisions of section 23 of the General Clauses Act, 1977 shall apply
to the exercise of a power given by sub-section (1) as they apply to the
exercise of a power given by a Central Act, to make rules subject to the
condition of previous publication. [Section 4(2)]
According to subsection (3) the Government may direct the port authority
of any port to prepare, in accordance with such instructions as may from
time to time be given to it, one or more draft schemes for the port, and the
port authority shall comply with such direction.
Government by notification makes one or more schemes for part or group
of parts in a specific manner government may add amend, revoke new
conditions in any scheme.
Advisory Committee –[Section 5]:

Government may, or if it decides to make any scheme u/s -4, shall constitute
a advisory committee. This advisory committee gives advice in the matter

of administration.
The member of this advisory committee shall be appointed by the
Government as per the prescribed rules-
NOTES
This advisory committee shall include an equal number of members
representative
1 The government,
2 The dockworkers &
3 The employer of dockworkers & shipping companies.
Any government nominated person shall be a chairman of the committee.
Government by notification publish the name of the members of the
advisory committee
Dock Labour Board –[Section 5A]:

Government by notification establishes a dock labour board for the part or
group of part. Every such boards are the corporate body with specific name,
having perpetual sucenion&.common seal with power to acquire, hold &
dispose of property & to contract and to sue and to be sued 10 name. Every
such board shall consist of a chairman and other member appointed by the
government. The equal number of members come Item shall represent every
board
1 the government,
2 the dock worker &
3 the employer of dock workers & shipping companies. The chairman
of the board is appointed by the government and nominated by the
government.
functions of the boards – [Section 5 B]:

Section 5 B lays down that a board shall be responsible for administering
the scheme for the port or group of ports for which it has been established
and shall exercise such powers and perform such functions as may be
conferred on it by the scheme According to Sub-Section 2, in the exercise
of his power and discharge off its functions a board shall be bound by such
direction as the Government may, for reasons tobe stated in writing, give
to it from time to time.

Accounts & Audit – [Section 5 C]:

1. Every board shall maintain the account and proper records, balance
sheet in prescribed It on under this Act.
NOTES
2. This account shall be audited by the comptroller and auditor general
of India or any other person specifically appointed for the same by the
government.
3. The auditor shall have right to audit the accounts or the board in
reasonable time and also can call for explanation and information it on
the member of the board.
4. The auditor shall forward the audit report with audited copy of account
to the government.
5. The cost of audit to paid by the board.
Annual Report – [Section 5 D]:

Every board shall prepare the report for .every financial year according to
us rules made under this act. This financial report shall be given the
prepared activities in previous financial year and submit it to government.
Annual report and audited accounts to be submitted before Parliament or
Legislature-[Section 5 E]:
The annual reports and the audited accounts of the Board, together with
auditor report therein and the review by the Government on the working of
the Board, shall, within a period of nine months (9months) of the close of
the Financial year, be laid before each house of the Parliament, if such
reports and accounts have been submitted to the Central Government and
before the Legislature of the State, if such reports and accounts have been
submitted to the State Government:
Provided that where such reports, accounts and review are not laid before
Parliament or, as the cause may be, before the Legislature of the State within
the said period, the same shall be so laid thereafter along with the reasons
for the delay.
Inspectors-[Section 6]:
The government by notification appoint inspector for purpose of this act.
Every inspector shall be deemed to be public servant within the meaning
of I. P. C., 1860

An inspector may, at any part for which he is appointed.

1 Enter, with his assistant at any vessel where dock workers are
employed.
NOTES
2 Demand any document, register, muster roll to nay authority or any
other authorized person for inspection.
3 Take on the sport inspection of any person and asked question relating
to scheme applicable to them. Government empowers the inspector to
entertain the complaint made by any person relating to contravene the
provisions of the act.
Power to order inquiry – [Section 6 A]:

At the report of the special authority uls-6 A if government is of opinion
a. that board is unable to perform its function and maintain accounts
b. or board repeatedly fail to perform its function or exceed or abused
its powers.
Power to supersede Boards-[Section 6-B]:

(1) If, on consideration of the report under Section 6A or otherwise, the
Government is of opinion—
(a) that, on account of a grave emergency, a Board is unable to perform
its functions, or
(b) that a Board has persistently made default in the discharge of its
functions or has exceeded or abused its powers, the Government may,
by notification in the Official Gazette, supersede the Board for such
period as may be specified in the notification.
But before issuing a notification under this sub-section on any of the
grounds mentioned in clause (b), the Government shall give a reasonable
opportunity to the Boards to show cause why it should not be superseded
and shall consider the explanation and objections, if any, of the Boards.
[Section 6-B(1)]
(2) Upon the publication of a notification under sub-section (1),
(a) all the members of the Board shall, as from the date of such
publication, vacate their offices as such members;
(b) all the powers and functions which may be exercised or performed

by the Board shall, during the period of supersession, be exercised

or performed by such persons as may be pacified in the
notification;
NOTES (c) all funds and other property vested in the Board shall, during the
period of supersession, vest in the Government. [Section 6-B(2)]
On the expiration of the period of supersession specified in the
notification issued under sub-section (1), the Government may –
(a) Extend the period of supersession for such further period as
it may consider necessary; or
(b) Re-establish the Board in the manner provided in section
5A.[Section 6-B(3)].
Power to make rules:

1 The Government may, by notification in the Official Gazette, make
rules to give effect to the provisions of this Act.
2 In particular and without prejudice to the generality of the foregoing
power, such rules may provide for :
a. the composition of the Advisory Committee and Boards and the
manner in which members of the Advisory Committee and the
Boards shall be chosen;
b. the term of Office of and the manner of filling casual vacancies
among the members of a Board or the Advisory Committee;
c. the meetings of a Board and the Advisory Committee, the quorum
for such meetings and the conduct of business thereat;
d. the conditions subject to which, and the mode in which, contracts
may be entered into by or on behalf of a Board;
e. the allowances, if any, payable to the members of a Board or the
Advisory Committee;
f. the disqualifications for membership of a-Board;
g. the form in which a Board shall prepare its annual Statement of
Accounts and the Balance-Sheet. !
8A) Schemes and rules to be laid before Parliament :

Every scheme and every rule made under this Act by the Central
Government shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days

which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making
any modification in the scheme or rule or both Houses agree that the scheme NOTES
or rule should not be made, the scheme or rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that scheme or
rule.
Saving :
Every Dock Labour Board established for a port or a group of ports before
the commencement of the Dock Workers (Regulation of Employment)
Amendment Act, 1962 (8 of 1962) under a scheme made under section 4,
and functioning as such immediately before such commencement shall be
deemed to be a Board established under section 5 (A) and, accordingly, all
the provisions of this Act shall apply to every such Board.

Questions
NOTES 1. Define Dock Workers and state the scope of the D o c k

workers (Regulation of employment) Act, 1948.
2. Explain Dock Labour Board and its Functions.
3. Define the term

i. Cargo,
ii. Dock Workers as used in the Dock Wor kers (Regulation of
Employment) Act, 1948.
4. State briefly about the establishment and constitution of the first

Advisory Committee and Dock Labour Board and their function.
5. What is a Dock worker Scheme? What are the purposes for which the
scheme can be formulated?
6. State the powers of Inspectors under the Dock Workers (Regulation of

Employment) Act, 1948.

UNIT - 4
MINES ACT, 1952
NOTES
SYNOPSIS
1 Introduction
2 Inspector and certifying Surgeon, Committee -Powers and
function
3 Mining operations and Management of Mines
4 Hours and limitation of employment, leave with wages
6 Conclusion
Objectives Of The Act:

The Mines Act, 1952 aims at providing for safe as well as proper working
conditions in mines and certain amenities to the workers employed therein.
Scope And Coverage:

The Act extends to the whole of India and applies to all mines as defined in
the Act. The Act came into force w.e.f. 1.7.1952.
Definition-[Section 2]: Mines Covered: Section 2 (1) (I)

The Act applies to all 'mines' which means any excavation where any
operation for the purpose of searching for or obtaining minerals has beer)
or is being carried on and includes
i. all borings, bore holes, oil wells and accessory crude conditioning
plants including the pipelin e with in the oilfiel d,
ii. all shafts belonging to a mine,
iii. all levels and inclined lanes,
iv. all open cast workings,
v. conveyors or aerial ropeway-use d for the rem oval of minerals or
refuse from the mine,
vi. workshops and stores within the precincts of a mine,
vii. railways, tramways and sidings belonging to a mine, and
Mines Act, 1952 61

viii. the power station supplying electricity for the purpose of working the
mine.
NOTES
Exemptions : Section 3
The act shall, however, not apply to –
a. any mine or-part thereof in which excavation is being made for
prospecting purposes only; and not for the purpose of obtaining
minerals for use or sale,2 provided that not more than 20 persons are
employed therein, on anyone day, the depth of excavation nowhere
exceeds six meters, (15 meters in the case of coal mine), and the
excavation does not extend below superjacent ground;
b. any mine engaged in the extraction of kankar, murrum, latrite, boulder,
gravel, shingle, ordinary sand (excluding moulding, glass and other
mineral sands), ordinary clay (excluding kaolin, china clay, white clay
or fire clay), building stone, Sate, road metal, earth, fullers earth, marl
chalk and lime stone Subject to' the condition that the workings do not
extend below Superjacent ground, or in case of an open cast working,
the depth of excavation does not exceed 6 meters, number of persons
employed on any day does not exceed 50 and no explosives are used.
Note: - However, the provisions relating to Powers of Inspectors (Sec. 7),
Powers of Special Officer (Sec. 8), Facilities to Inspectors (Sec. 9),
Prohibition on employment and presence of persons below 18 years (Secs.
40 & 45) and Employment of Women (Sec. 46), shall apply to all kinds of
mines.
Employees Covered : Section 2 (1) (h)

All persons who work as manager or under appointment by the owner agent
or manager of the mine, or with their knowledge whether for wages or not,
and are engaged in any mining operations' or in any kind of work
whatsoever which is preparatory, or incidental to or connected with the
mining-operations, are covered by the Mines Act. Thus, the Act is also
applicable to persons working in any office of the mine as well as to those
if welfare, health, sanitary or conservancy services to be provided under
the Act or watch and ward staff within the premises of the mine, excluding
the residential area.
Administrative Authority:
The Central Govt. is the administrative authority under the Mines Act
Mines Act, 1952 62

having the powers to make rules, regulations and bye-laws for carrying out
the purposes of the Act. 2 Mines Rules, 1955 have been accordingly made
by the Govt. The Central Government has appointed the Chief Inspector of
Mines and Inspectors to enforce the provisions of the Act. The Government NOTES
has also appointed Certifying Surgeons and has constituted a committee to
consider proposed rules and regulations, enquire into accidents, etc. and
hear and decide appeals or objections against notices or orders under the
Act.
Notice of Mining Operations: Appointment of Manager:

Every mine shall be under the charge of a sole manager, possessing the
prescribed qualifications. The owner or agent of the mine shall appoint
himself or any other person as Manager, having the requisite qualifications.
The mine manager shall be responsible for the overall management control,
supervision and direction of the mine the overall, management, control,
supervision and direction of the mine and except, in case of an emergency,
any instructions by the owner or agent, to any, person employed in a mine,
shall be given only through the manager of the mine.
Provisions for Health And Safety

(1) Provision for Drinking water: [Section 19]
The owner or agent of a mine shall make effective arrangements to
provide and maintain, at suitable points conveniently situated, a
sufficient supply of cool and wholesome drinking water for all persons
employed therein. In the case of persons employed below ground, any
other effective arrangements shall be made for supply of drinking
water, 1\11 such points shall be legibly marked 'Drinking Water' in a
language understood by a majority of all the persons employed in the
mine.
(2) Adequate Sanitation: [Section 20] In every mine, a sufficient number
of latrines and urinals of prescribed types, separately for males and
females, shall be so situated as to be convenient and accessible to
persons employed in the mine at all times and shall be adequately
lighted, ventilated and 'maintained in a clean and sanitary condition.
(3) Medical Appliances: [Section 21] In every mine, prescribed number
of first-aid boxes or cupboards equipped with prescribed contents shall
be provided and maintained so as to be readily accessible during all
working hours. Every first-aid box or cupboard shall be kept in the
charge of a responsible person who is trained in first-aid treatment and
Mines Act, 1952 63

who shall always be readily available during the working hours of the
mine. In every mine suitable arrangements shall be made for the
conveyance to hospitals or dispensaries of injured or ill persons. In
NOTES every mine wherein more than 150 persons are employed, there shall
be provided and maintained a first-aid room of the prescribed size
having the prescribed equipment and staff.
(4) Safety Measures: [Section 22] If in respect of the operations of a mine
it appears to the chief Inspector or any Inspector that any matter, thing
or practice is dangerous to human life or safety or is defective so as to
threaten bodily injury to any person employed therein, he may give
written notice to the owner, agent or manager of the mine asking him
remedy the situation within the specified time and in the specified
manner. If the terms of the notice are not complied with, he may
prohibit the employment in or about that mine of any person after the
expiry of the specified period. Similarly, in case of urgent and
immediate danger to the life safety of any person employed in any mine
or part thereof, e.g. when there is flooding of a mine or emission of
poisonous gas, the Chief Inspector-or any authorized Inspector may
prohibit, through a written order, the employment of any person therein
until that danger is removed. Every person whose employment is
prohibited in or about a mine on grounds of unsafe working conditions,
as discussed above, shall be entitled to payment of full wages for the
period his employment is prohibited, unless such person is provided
with alternative employment at the same wages.
(5) Notice of accident: [Section 23]
The owner, agent or manager of the mjnes shall give notice of
a. an accident causing loss of life or serious bodily injury, or
b. an explosion, ignition, spontaneous heating, outbreak of fire or
irruption or inrush of water or other liquid matter, or
c. an influx of inflammable or noxious gases, or
d. a breakage of ropes, chains or other gear by which persons or
materials are lowered or raised in a shaft or an incline, or
e. an over Winding of cages or other means of conveyance in any
shaft while persons or materials are being lowered or raised, or
f. a premature collapse of any part of the working, or
g. any other accident which may be prescribed, to the prescribed
authority in the prescribed manner, and
h. he shall simultaneously post one copy of the notice on a special
Mines Act, 1952 64

notice board in the prescribed manner at a place where it may be

inspected by trade union officials, and shall ensure that the notice
is kept on the board for not less than fourteen days from the date
of such posting. NOTES
The owner, agent or manager of the mine shall maintain a register
of accidents in the prescribed form and copies of the entries therein
shall be furnished to the Chief Inspector quarterly.
(6) Notice of certain diseases: [Section 25] Where any person employed
in a mine contacts any notified disease connected with mining
operations, the owner, agent or manager of the mine, as the case may
be, shall send notice thereof to the Chief Inspector and to such other
authorities, in such form and within such time as may be prescribed.
Besides, if any medical practitioner attends on any such person who is
suffering from any notified disease, he shall without delay send a report
in writing to the Chief Inspector stating
a. the name and address of the patient,
b. the disease from which the patient is or is believed to be suffering,
and
c. the name and address of the mine in which the patient is orwas
last employed. Where the medical practitioner's report is
confirmed by a certifying surgeon, the Chief Inspector shall pay
to the medical practitioner such fee as may be prescribed, which
$hall be recoverable from the owner, agent or manager of the
mine.
Hours And Limitation Of Employment

(a) Weekly day of rest: [Section 28 & 29] No person shall be allowed to
work in a mine on more than six days in anyone week. Where any
person is deprived of any of the weekly days of rest, he shall be
allowed, within the month in which such days of rest were due to him
or within the next two months, compensatory rest days of equal
number.
(b) Hours of work above ground: [Section 30] No adult employed above
ground in a mine shall be required or allowed to work for more than
forty-eight hours in any week or for more than nine hours in any day
except to facilitate the change of shifts. The periods of work along with
his interval for rest, shall not in any day spread over more than twelve
hours, and no worker shall work for more than five hours continuously
before he has had an interval for rest of atleast half an hour. But the
Mines Act, 1952 65

Chief Inspector may; however, permit the spread-over to extend over

a period not exceeding fourteen hours in any day.
(c) Hours of work below ground: [Section 31] No adult employed below
NOTES ground in a mine shall be allowed to work for more than forty-eight
hours in any week or for more than eight hours in any day except to
facilitate the change of shifts. The work below ground in any mine
shall be carried on by a system of shifts, each shift of not more than
the daily maximum hours stipulated above. No person employed in a
mine shall be allowed to be present in any part of a mine below ground
except during the periods of work shown in respect of him in the
register.
Night shift: [Section 32]

In case of a person employed in a mine working on a night shift
a. the weekly rest day shall be a period of twenty-four consecutive
hours beginning when his shift ends,
b. the following day shall be the period of twenty four hours
beginning when such shift ends, and the hours he has Worked after
midnight shall be counted in the previous day.
(d) Extra wages for overtime: [Section 33] Where in a mine a person works
above ground for more than nine hours in any day, or works below
ground for more than eight hours in any day or works for more than
forty-eight hours in any week, whether above ground or below ground,
he shall in respect of such overtime work, be entitled to wages at the
rate of twice his ordinary rate of wages. The period of overtime work
shall be calculated on a daily basis or weekly basis, whichever is more
favorable to him. Where any person is employed on piece-rate basis,
the time-rate shall be the daily average of his full-time earnings for the
days on which he actually worked during the week immediately
preceding the week in which overtime work has been done, exclusive
of any overtime, and such time-rate shall be deemed to be the ordinary
rate of wages of such person.
(e) Limitation of Employment: [Section 34] No person is allowed to work
in the mine for more than ten hours in any day inclusive of overtime.
Besides, no person shall be required or allowed to work in a mine if he
has already been working in any other mine within the preceding
twelve hours.
(f) Persons below Eighteen Years of Age not to be employed: [Section 40]
Mines Act, 1952 66

No person below eighteen years of age shall be allowed to work in any

mine or part thereof. But apprentices (as defined in the Apprentices
Act) and other trainees, not below sixteen years of age, may be allowed
to work, under proper supervision of the manager, with the prior NOTES
approval of the Chief Inspector.
(g) Restrictions on Employment of Women: [Section 46]
No woman shall be employed:
a. in any part of a mine which is below ground;
b. in any mine above ground except between tl:1e hours of 6
A.M.and 7 P.M. Every woman employed in a mine above ground
shall be allowed an interval of not less than eleven hours between
the termination of employment on any one day and the
commencement of the next period of employment.
h) Leave with Wages: [Section 52] Every worker who has completed a
calendar year's service in a mine shall be entitled to during the
subsequent calendar year. Leave with wages. at the rate of
a. one day for every fifteen days of work performed by him. In the
case of a person employed below ground, and
b. one day for every twenty days of work performed by him, in any
other case
A 'calendar year's service' means

a. in the case of a person employed below ground not less than 190
attendances during the 'calendar year; and
b. in the case of any other person, not less than 240 attendances
during the calendar year. For the purpose of computation of
attendances any days of layoff, in the case of a female employee,
maternity leave not exceeding twelve weeks and the leave earned
in the year prior to that in which the leave is enjoyed; shall be
deemed to be the days on which the employee has worked in a
mine, but he shall not earn leave for these days. Any leave not
taken by a person to which, he is entitled in anyone calendar year
shall be added to the leave to be allowed to him during the
succeeding calendar year provided that the total number of leave
so accumulated does not exceed thirty days in all. However a
person' who has applied for leave but has not been given such
leave shall be entitled to carry forward the unavailed leave
without, any limit.
Mines Act, 1952 67

Wages for leave period: [Section 53]

Wages for the leave allowed to a worker shall be paid at a rate equal to the
daily average of his total full-time earnings for the days on which he was
NOTES employed during the month immediately preceding his leave, exclusive of
any overtime wages and bonus but inclusive of any dearness allowance and
compensation in cash or kind, accruing through the free issue of food grains
and other articles. If no such average earnings are available then the average
shall be computed on the basis of the daily average of the total full-time
earnings of all persons similarly employed for the same month.
Exemptions in certain cases: [Section 56]

Where the leave rules applicable to persons employed in any mine
providebetter benefits than those provided for in this Act, the
CentralGovernment may by order in writing and subject to specified
conditions,exempt the mine from all or any of the provisions regarding
leave with wages.
(8) facilities to Inspectors: [Section 9]

Every owner, agent and manager of a mine shall afford the Chief Inspector,
Inspectors and every person authorized under section 8 all reasonable
facilities for making any entry, inspection, Survey measurement,
examination or inquiry under this Act.
(9) To Maintain Register of Persons Employed: [Section 48]

For every mine there shall be kept in the prescribed form and place a
register of all persons employed in the mine showing in respect of each
such person
a) the name of the employee with the name of his father or, of her
husband, as the case may be, and such other particulars as may be
necessary for purposes of identification;
(b) the age and sex of the employee;
(c) the nature of employment (whether above ground or below ground,
and if above ground, whether in open cast workings or otherwise) and
the date of commencement thereof.
The register of persons employed below ground shall show, at any
moment, the name of every person who is then present below ground
in the mine.
Mines Act, 1952 68

(10) Notice regarding Hours of Work : [Section 36]

A notice in the prescribed form shall be posted outside the office of the
mine at least 7 days in advance, stating the time of the commencement and
of the end of work at the mine and, if it is proposed to work by a system' of NOTES
relays, the time of the commencement and of the end of work for each relay.
The notice shall also state the time of the commencement and of the
intervals for rest for persons employed above ground and a copy thereof
shall be sent to the Chief Inspector, if he so requires. Where any alteration
is proposed to be made in the time-fixed for the commencement or for the
end of work in the mine generally or for any relay or in the rest intervals
fixed for persons employed above ground an amended notice in the
prescribed form shall be posted outside the office of the mine, at least 7
seven days before the change is made and a copy of such notice shall be'
sent to the Chief Inspector simultaneously.
No person shall be allowed "to work in a mine otherwise than in accordance
with the aforesaid notice.
(11) An abstract of the Act, regulations: [Section 62]

An abstract of the Act, regulations and rules, In the prescribed form in
English and other prescribed language(s) shall be posted at or near every
mine.
Obligations of Employees:
No person employed in a mine shall
a. willfully interfere with or misuse any appliance, convenience or other
thing provided in a mine for the purpose of securing the health, safety
or welfare of the persons employed therein,
b. willfully and without reasonable cause do anything likely to endanger
himself or others, and
c. willfully neglect to make use of any appliance or other thing provided
in the mine for the purpose of securing the health or safety of the
persons employed therein.
Mines Act, 1952 69


Offences Penalties
NOTES 1. Obstruction to Chief Inspector, upto Imprisonment upto 3 months, or
or any Inspector or any other fine Rs. 500/-or both.
authorised person in the discharge of
his duties.
2. Refusal to produce records, Fine upto Rs. 300/
registers, etc.
3. Making a false statement in a Imprisonment upto 3 months, or
certificate, or making, producing or fine uptoRs. 1,000/-, or both.
Using any false declaration, statement
or evidence, etc.
4. Use of a false certificate fine of Imprisonment upto one month, or
fitness. uptoRs. 200/-or both.
Mines Act, 1952 70

Question
1. What are the functions and powers of Chief Inspector or Inspector NOTES
under the Mines Act?
2. State the provision of Mines Act with regard to health and safety?
3. Briefly summaries the different provisions of the Mines Act for the
welfare of the worker in a mine.
4. What are rule regard to weekly holidays in the Mines Act?
5. Define the term certifying surgeons. What are their duties?
Mines Act, 1952 71

UNIT - 5
MINES AND MINERALS (REGULATIONS AND DEVELOPMENT) ACT, 1957
NOTES
SYNOPSIS
1 Introduction
2 Procedure for obtaining prospective licenses and mining leases in
respect of land
3 Restriction on the grant of prospective licenses
4 Conclusion
Introduction:
This Act may be called the Mines and Minerals (Regulation and
Development) Act, 1957. It extends to the whole of India. It shall come into
force on such date2 as the Central Government may by notification in the
Official Gazette appoint.
Declaration as to expediency of Union control -It is hereby declared that it
is expedient in the public interest that the Union should take under its
control the regulation of mines and development of minerals to the extent
hereinafter provided.
Definition-[Section 2]:
(a) “minerals” includes all minerals except mineral oils ;
(b) “mineral oils” includes natural gas and petroleum ;
(c) “mining lease” means a lease granted for the purpose of undertaking
mining operation and includes a sub-lease granted for such purpose ;
(d) “mining operations” means any operations undertaken for the purpose
of winning any mineral;
(e) ‘Minor Minerals’ are defined under section 2(e) of the Mines and
minerals Act, 1957.
‘Minor minerals’ means building stones, gravel, ordinary clay, ordinary

sand other than sand used for prescribed purposes and any other mineral
which the Central Government may, by notification in the Official Gazette,
declare to be the minor mineral.
Mines and Minerals (Regulations and Development) Act, 1957 72

(f) “prescribed” means prescribed by rules made under this Act;

(g) ‘prospecting licence” means a licence granted for the purpose of
undertaking prospecting operations;
NOTES
(h) “prospecting operations” means any operations undertaken for the
purpose of exploring locating or proving mineral deposits ;and
(i) the expressions “mine” and ‘owner”, have the meanings asigned to
them in the Mines Act, 1952.
Procedure for obtaining prospecting licencesor mining leases in respect of

land in which the minerals vest in the government:
1 Application for prospecting licences or mining lease -(1) An application
for a prospecting licence or a mining lease in respect of any land in
which the minerals vest in the Government shall be made to the State
Government concerned in the prescribed form and shall be
accompanied the prescribed fee
2 Where an application is received under sub-section (1) there shall be
sent to the applicant an acknowledgement of its receipt within the
prescribed time and in the prescribed form.
3 On receipt of an application under this section the State Government
may having regard to the provisions of this Act and any rules made
thereunder grant or refuse to grant the licence or lease.
Preferential right of certain persons

(1) Where a prospecting licence has been granted in respect of any land the
licence shall have a preferential right for obtaining a mining lease in
respect of that land over any other person:
Provided that the State Government is satisfied that the licensee has
not committed any breach of the terms and conditions of the
prospecting licence and is otherwise a fit person for being granted the
mining lease.
(2) Subject to the provisions of sub-section (1) where two or more persons
have applied for a prospecting licence or a mining lease in respect of
the same land the applicant whose application was received earlier shall
have a preferential right for the grant of the licence or lease as the case
may be over an applicant whose application was received later :
Provided that where any such applications are received on the same day the
State Government after taking into consideration the matters specified in

sub-section (3) may grant the prospecting licence or mining lease as the
case may be to such one of the applicants as it may deem fit.
(3) The matters referred to in sub-section (2) are the following :-
NOTES
a. any special knowledge of or experience in prospecting operations
or mining operations as the case may be possesed by the applicant;
b. the financial resources of the applicant;
c. the nature and quality of the technical staff employed by the
applicant;
d. such other matters as may be prescribed.
(4) Notwithstanding anything contained in sub-section (2) but subject to
the provisions of sub-section (1) the State Government may for any special
reasons to be recorded and with the previous approval of the Central
Government grant a prospecting licence or a mining lease to an applicant
whose application was received later in preference to an applicant whose
application was received earlier.
Registers of prospecting licences and mining leases

(1) The State Government shall cause to be maintained in the prescribed
form
(a) a register of applications for prospecting licences;
(b) a register of prospecting licensees ;
(c) a register of applications for mining leases ; and
(d) a register of mining lessees; in each of which shall be entered such
particulars as may be prescribed.
(2) Every such register shall be open to inspection by any person on
payment of such fee as the State Government may fix.
General restrictions on undertaking prospecting and mining

operations:
1. Prospecting or mining operations to be under licence or lease (1) No
person shall undertake any prospecting or mining operations in any
area except under and in accordance with the terms and conditions of
a prospecting licence or as the case may be a mining lease granted
under this Act and the rules made thereunder :
Provided that nothing in this Sub-section shall affect any prospecting
or mining operations undertaken in any area in accordance with the

terms and conditions of a prospecting license or mining lease granted

before the commencement of this Act which is in force at such
commencement.
2 No prospecting license or mining lease or mining lease shall be granted NOTES
otherwise than in accordance with the provisions of this Act and the
rules made thereunder.
Section 18 of this act explains the development of minerals:

1 It shall be the duty of central Government to take all such steps as may
be necessary to the conservation and systematic development of
mineral in India and for the protection of environment by preventing
or controlling any pollution which may be caused by prospecting
mining operations and central Government may make rule by
notification in the Official Gazette as it thinks fit.
2. Such rules may provide for all or any of the following matters;
a. Opening of new mines and the regulations in any area;
b. The regulation of the excavation/collection of minerals form any
mine;
c. Measures to be taken by the owners of mine for the purpose of
beneficiation of ores, including the provision or suitable
contrivances for such purpose;
d. The development of mineral resources in any area;
e. The notification of all bearings and shafts inklings and the
preservation of bore-hole records and specimens of cores of all
new bore-holes;
f. The regulation and arrangements for the storage of minerals and
the stock thereof that may be kept by any person;
g. The submission of samples of minerals from any mine by the
owner thereof and the manner in which and the authority to which
such samples shall be submitted and the taking of samples of any
minerals from any mine by the State Government or any other
authority specified in it in that behalf;
h. The submission by owners of mines of such special or periodical
returns and reports as may be specified and the reports shall be
submitted;
i. The regulation of prospecting operations;
j. The employment of qualified geologists or mining engineers to

supervise prospection or mining operations;

k. The disposal or discharge of waste slime or tailings arising from
any mining or metallurgical operations carried out in a mine;
NOTES
l. The manner in which and the authority by which directions may
be issued to the owner of any mine to do or refrain from doing
certain things in the interest of conservation or systematic
development of minerals or for the protection of environment by
preventing or controlling pollution which may be caused by
prospecting or mining operations;
m. The maintenance and submission of such plans, registers of records
as may be specified by the Government;
n. The submission of records or reports by persons carrying on
prospecting or mining operations regarding any research in mining
or geology carried out by them.
o. The facilities to be afforded by persons carrying out prospecting
or mining operations to persons authorised by the central
Government for the purpose of undertaking research or training
in matters relating to mining or geology;
p. The procedure for and the manner of imposition of fines for the
contravention of any of the rules framed under this section and
the authority who may impose such fines;
q. The authority to which, the periods within which the form and the
manner in which applications for revision of any order passed by
any authority under this act and rules made there under may be
made, the fee to be paid and the documents which should
accompany such applications.
3 All rules made under this section shall be binding on Central
Government. This Act is also known as the Mines and Minerals
(Regulation and development) Act, 1957. As per section 10, procedure
in respect of land in which the minerals vest in the Government is given
as below:
1 An application shall be made to the State Government concerned
in the prescribed from with prescribed fees.
2 Government shall send an acknowledgement of its receipt to the
application within prescribed time.
3 And grant or refuse the application. As per the Mineral Concession
Rules, 1960, No. 11 application shall be disposed of within 12
months from the date of its receipt and if it is not disposed within

that period, it shall be deemed to have been refused.

Under section 30 of the Act, the Central Government may, of its own motion
or an application of aggrieved party, revise any order made by State
Government. NOTES
Once the land is reserved by State Government for any purpose, the
application would be premature and it cannot be entertained.
Preferential right of certain persons (Section 11)

1. Where a prospecting licence has been granted in respect of any land,
the licensee shall have a preferential right for obtaining a mining lease
in respect of that land over any other person, provided the state
Government is satisfied that the licensee :
a. Has undertaken prospecting operations to establish mineral
resources in such land;
b. Has not committed any breach of the terms and conditions of the
prospecting licence, and
c. Is otherwise a fit person for being granted a mining lease. If any
such applications are received on the same day, following
consideration will be made:
a. Any special knowledge/experience in prospecting operation
/ mining operations as possessed by applicant.
b. Financial resources of the applicant.
c. Nature and quality of technical staff of applicant.
d. Such other matters as may be prescribed. In spite of above
considerations, State Government for any special reasons
recorded and with the pervious approval of Central
Government grant a prospecting licence / a mining lease to
any applicant whose application was received later in
preference to application received earlier. As per section 13
Central Government is empowered to make rules in respect
for regulation the grant of prospecting licence and mining
lease.
Central Government to make above rules in respect of territorial waters or

continental shelf of India(Section 13 – A).
Prospecting or mining operations to be under licence or lease [Section
4 (1)]:

No person shall undertake any prospecting or mining operations in any area

except under and in accordance with terms and conditions of a prospecting
licence or, as the case may be, a mining lease, granted under this Act and
NOTES the rules made thereunder: Provided that nothing in this sub-section shall
affect such operation undertaken in any area, before commencement of this
Act undertaken by:
i. Geological Survey of India
ii. Indian Bureau of Mines.
iii. Automatic minerals division under department of atomic energy of the
Central Government.
iv. Director of Mining and Geology of State.
v. Mineral Exploration Corporation Ltd. A Government Company.

Questions
1 Discuss the procedure for obtaining prospective licenses and mining NOTES
lease in respect of land under the Mines and Mineral (Regulation and
Development) Act, 1957.
2 Define ‘Minor Minerals’ and State provision relating to Mineral

Development under the Mines and Minerals Act, 1957.
3. Write a brief note on:

a. Restriction on the grant of prospecting licenses under the Mines
b. Minerals (Regulation and Development) Act, 1957

UNIT - 6
THE BOMBAY SHOPS AND ESTABLISHMENTSACT 1948
NOTES
SYNOPSIS
1 Introduction
2 Definition of commercial establishment shop
3 Registration of establishment, working hours of shops. Restaurant,
theatres
4 Employment of women and children, health and safety, obligation
of employer’s
5 Conclusion
Introduction:
This Act was brought into force to regulate the conditions of work in Shops,
Commercial Establishments etc. Those establishments which are required
to be registered for indicating services being rendered to the community
are cognizable under this Act. A Shop has been defined in Section 2(27) to
include all establishments where goods are sold, either by retail or
wholesale or where services are rendered to customers inclusive of an
office, a storeroom, godown, warehouse or work place. A commercial
Establishment is one which carries on business, trade or profession and
includes establishment of any Legal Practitioner, Medical Practitioner,
Architect, Engineer, Accountant, Tax Consultant or any other technical or
professional consultancy. In these circumstances, even medical
professionals are covered as commercial establishments under the Act, and
all such professionals need to obtain Registration Certificate under the Act
renewable from year to year on payment of prescribed fees. Hospitals and
Maternity Homes and all other establishments of medical professions are
covered under the provisions of this Act.
There are provisions regulating hours of work, and the total spread over in
commercial establishments which is provided in Chapter -III of the said
Act. A commercial establishment is expected to have a spread over of work
which does not exceed eleven hours per day and it is necessary that a
weekly off must be provided of one day which needs to be notified to the
Inspector for the Act.
The Bombay Shops and Establishments act 1948 80

For all commercial establishments it is also necessary to observe that they

are required to observe certain National Holidays like, the 26th January,
15th August, 1st of May and 2nd October every year. It is also necessary
that leave is to be provided to all employees at the rate of 21 days per annum NOTES
and every employee is to be granted at least 5 days leave in a period of 90
days. The said leave of 21 days per annum can be accumulated to a
maximum of 42 days and beyond that ceiling, the leave accrued to an
employee would lapse automatically.
In case the Hospital or Establishment of a Medical Practitioner employs 50
more employees, the provisions of the Industrial Employment (Standing
Orders) Act, 1946 would apply which in turn means that all rules of
discipline provided by law for regulating good conduct and checking
misconduct are automatically required to be followed by the employer of
the hospital without any difficulty. Similarly, the provisions of the Maternity
Benefit Act apply to all establishment where women are employed to which
the provisions of this Act apply.
It is many times found that the stringent provisions of the Bombay Shops
and Establishments Act are creating difficulties in the working of the
Hospital or Consulting Room as the case may be. Consequently, there have
been repeated attempts by various employers under the Act to whom these
provisions apply to claim exemption from the provisions of the said Act by
making an application to the Appropriate Government which means the
Secretary to the Industries, Energy and Labour Department of the
Government of Maharashtra for exemption on certain grounds which would
have to be made out in very clear terms. On consideration of the grounds
of exemption, the Government has the superior right to grant exemptions
from all or any or the provisions of the said Act and the said exemption is
notified in the Official Gazette by the Government for the information of
the public at large. In such contingencies, there could not be any
prosecutions under the said Act to the Medical Practitioners who run
Commercial Establishments. (Out of the many exemptions granted by the
Government in their discretion, it would be worth while to mention only a
few like the Establishments of Chemists and Druggists from the certain
provisions of the said Act.) On a careful perusal of the entire list,
exemptions are granted if a proper case is made out by the Employer of the
said Establishment. However, it would be advisable for the professional to
adhere to the provisions of the Law which is not complex but a routine
simple matter which can be assigned to one single person who could follow
it up from day to day.
Some of the establishments covered under the Bombay Shops &
Establishments Act are also covered under the following Acts:

1) The State Government has extended the application of the payment of

wages Act to establishments situated in Greater Bombay, Thana,
Sholapur, Pune, Kolhapur and Nagar (Section 38)
NOTES 2) The workmen’s Compensation Act 1923 (Section 38-A) Vasudev
Anant Kulkarni V/s Executive Engineer, M.S.E.B. 1994 II CLR 172
(Bombay Division Bench)
3) The Industrial Employment (standing orders) Act, 1946 is applicable
to employees of establishments covered under the Shops Act (Section
38-B) C.N. Bhaskaran V/s Labour Court 1984 (i) LL N 213 (Bombay)
4) The Maternity Benefit Act 1961 is also applicable
Objectives Of The Act:

The main objective of the Shops and Establishments Act is
1 to regulate the working and employment conditions of workers the so
called unorganized sector, i.e. the shops and establishments including
the commercial establishments which are not covered by the Factories
Act or Mines Act or any other Act regulating the employment
conditions.
2 The Act generally provides for the working hours, rest intervals,
overtime, holidays, leave, termination of service, maintenance of shops
and establishments and other rights and obligations of the employers
and employees.
Scope And Coverage:

The Act extends to the whole of the State (or. Union Territory) and covers
all establishments irrespective of their size, turnover and persons employed.
The Act generally applies to the following types of establishments.
a. A shop carrying on a retail or wholesale trade or rendering a service.
b. Offices of all types of organizations whether sole proprietor,
partnership, private company, public company, etc.
c. A store-room, godown, warehouse, etc. used in or in connection with
a trade or business
d. Auctioneers, Banks, Insurance organizations, Stock Exchanges, Share
brokers and commission agents and Money changers
e. Journalistic and printing establishments with less than 10 employees.
f. Educational institutions run for private gain.

g. Factories and clerical departments of a factory not covered under

Factories Act.
h. Residential Hotels supplying accommodation and meals Restaurants
or eating houses, Clubs, Canteens, Theatres, Cinemas and other places NOTES
of public amusement or enter
Employees Entitled:
The Act applies to all persons employed, whether directly or through an
agency or contractor, and whether for wages or not, in or about the business
of an establishment, including the apprentices. The Act also applies to the
clerical and other staff of a factory who are not covered by the Factories
Act.
Definitions-[Section 2]:
In this Act, unless there is anything repugnant in the subject or context,
(1) "Apprentice" means a person who is employed/whether on payment of
wages or not, for the purpose of being trained in any trade, craft or
employment in any establishment;
(2) "Child" means a person who has not completed his fifteenth year of age;
but does not include a person who has, before the date of
commencement of the Bombay Shops and Establishments
(Amendment) Act, 1977, completed his twelfth year of age even though
he has not completed his fifteenth year of age, if he is on the day
immediately preceding the said date an employee in any establishment
to which this Act applies;] 7
(З) "Closed" means not open for the service of any customer, or for any
business, of the establishment, or for work, by or with the help of any
employee, of or connected with the establishment;]
(4) "Commercial establishment" means an establishment which carries on,
any business, trade or profession or any work in connection with, or
incidental or ancillary to, any business, trade or profession ^and
includes establishment of any legal practitioner, medical practitioner,
architect, engineer, accountant, tax consultant or any other technical or
professional consultant and also includes] a society registered under
the Societies Registration Act, 1866 (XXI of 1860), and a charitable or
other trust, whether registered or not, which carries on [whether for
purposes of gain or not] any business, trade or profession or work in
connection with or incidental or ancillary thereto but does not include

a factory, shop, residential hotel, restaurant, eating house, theatre or

other place of public amusement or entertainment; "Shop" means any
premises where goods are sold, either by retail, wholesale or where
NOTES services are rendered to customers, and includes an office a store-room,
godown, warehouse or work place, whether in the same premises or
otherwise, [mainly used] in connection with such trade or business but
does not include a factory, a commercial establishment, residential
hotel, restaurant, eating house, theatre or other place of public
amusement or entertainment;
REGISTRATION Of ESTABLISHMENTS Registration of

establishments-[Section 7]:
1. Within the period specified in sub-section (4), the employer of every
establishment shall sent to the Inspector of the local area concerned a
statement, in a prescribed form, together with such fees as may be
prescribed, containing-
a. the name of the employer and the manager, if any;
b. the postal address of the establishment;
c. the name, if any, of the establishment;
d. the category of the establishment, i.e., whether it is a shop,
commercial establishment, residential hotel, restaurant, eating
house, theatre or other place of public amusement or
entertainment; and
e. such other particulars as may be prescribed.
2. On receipt of the statement and the fees, the Inspector shall, on being
satisfied about the correctness of the statement, register the
establishment in the register of establishments in such manner as may
be prescribed and shall issue, in a prescribed form, a registration
certificate to the employer. The registration certificate shall be
prominently displayed at the establishment.
(2-A) A registration certificate granted under sub-section (2), shall be
valid up to the end of the year for which it is granted. An application
for the renewal of a registration certificate shall be submitted not less
than fifteen days before the date of expiry of the registration certificate
or of the renewed registration certificate, as the case may be, and shall
be accompanied by such fees, and the renewed registration certificate
shall be in such form, as may be prescribed.]

(2-AA) If the application for the renewal of a registration certificate is

submitted after the expiry of the period specified in sub-section (2A)
but within thirty days after the dale of expiry of the registration
certificate or of the renewed registration certificate, as the case may NOTES
be, such application shall be accompanied by an additional fee as late
fee equal to half the fee payable for the renewal of a registration
certificate.
[(2-B) Notwithstanding anything contained in the preceding sub-
sections о this section, any registration certificate granted under sub-
section (2) or renewal under sub-section (2A) may, at the option of the
employer, be granted or renewed for a period of three years at a time,
on payment of the fees for that period, so a to be valid up to the end of
the third year from and including the year in which is granted or
renewed, as the case may be.]
3. In the event of any doubt or difference of opinion between an employer
an the Inspector as to the category to which an establishment should
belong, Inspector shall refer the matter to the prescribed authority
which shall, after s inquiry as it thinks proper, decide the category of
such establishment and decision shall be final for the purposes of this
Act.
1 Within thirty days from the date mentioned in column (2) below
in respect of an establishment mentioned in column (1), the
statement together with fees shall be sent to the Inspector under
sub-section (1):
2 Establishments Date from which the period of 30 days to
commence
i. Establishments existing in local areas mentioned in Schedule
I on the date on which this Act comes into force The date
on which this Act comes into force.
ii. Establishments existing in local areas on the date on which
this section comes into force. The date on which this section
comes into force in the loc areas.
iii. New establishments in local areas mentioned in Schedule I
and other local areas in which this section has come into
force. The date on which the establishment commences its
work,
NOTES: A place where services are rendered to a customer is a shop for

purpose of the Act and the services may be of different kinds. But it cannot

be said that where different kinds of servil are rendered for every kind of
service which the employer chooses to embark upon after has registered
his establishment, the employer must submit necessary information uni
NOTES section 7 for a fresh registration. If his establishment is already registered
and he chooses widen the nature of his activities in the same establishment,
in such a case it is difficult see how section 7(1) which contemplates an
initial registration of the establishment, required to be complied with on
every subsequent occasion when the employer embarks a new venture on
the same premises in addition to the original business. It cannot be said that
where different kinds of services are rendered in a shop for every kind of
service which the employer chooses to embark upon after he has registered
his establishment he must submit necessary information for fresh
registration under section 7. What is required to be registered under Section
7 is the establishment which the petitioner had already registered. If he
widens his activities in the same establishment no fresh registration is
essential.
All that is required of the applicant is to intimate the authorities fact that he
has started another business in the same premises under section 8 of the
Act.
Dayawanti Bai v. Corporation of the City ofNagpur (1969) II LLJ 128
(Bom.H.C.). If an establishment is already registered and the employer
chooses to widen the nature of his activities in the same establishment in
such a case section 7(1) which contemplates an initial registration of the
establishment, is not required to be complied with on every subsequent
occasion when the employer embarks on a new venture on the same
premises in addition to the original business, 1969 МLJ 25 (Bom. H.C.).
S.7 -Prosecution for failure to register establishment under the Act The
appellant, dealing in tea, had in the year 1968, godowns wherein tea was
stored:
One salesman used to take tea pockets on a pushcart manually operated and
sales were offered from door to door. The appellant was prosecuted for not
registering the said establishments under the Act. The challenge is to the
constitutional validity of the order bringing the appellant within the Act.
Dismissal of writ petition by the High Court has led to this appeal. Without
deciding the challenge, the Supreme Court had closed the matter in view
of the fact that about 3 decades are to over shortly. The practice of operating
pushcart for selling tea from door to door no longer exists. The prosecution
is also now stale. In the circumstances learned counsel for the State was
fair enough to state that appellant would not be prosecuted for the alleged
lapses. As such the appeal is disposed of. Lipton India Ltd. v. State of
Maharashtra 1996 II LLJ 932 (S.C.)

8. Change to be communicated to Inspector: It shall be the duty of an

employer to notify to the Inspector, in prescribed form, ^[any change in any
of the particulars contained in the statement submitted under section 7
within such period, after the change has taken NOTES
place, as the State Government may prescribe in respect of any
establishment or class of establishments]. The Inspector shall, on receiving
such notice and the prescribed fees and on being satisfied about its
correctness, make the change in the register of establishments in accordance
with such notice and shall amend the registration certificate or issue a fresh
registration certificate, if necessary.
2 Closing of establishment to be communicated to Inspector: The
employer shall, within ten days on his closing the establishment, notify to
the Inspector in writing accordingly. The Inspector shall, on receiving the
information and being satisfied about its correctness, remove such
establishment from the register of establishments and cancel the registration
certificate:
[Provided that if the Inspector does not receive the information but he is
otherwise satisfied that the establishment has been closed, he may remove
such establishment from such register and cancel such certificate.
Residential Hotels, Restaurants And Eating Houses

19. Opening and closing hours of restaurants and eating houses:
1. Notwithstanding anything contained in any other enactment for the
time being force, no restaurant or eating house shall on any day be
opened earlier than 5 a.m. and closed later than twelve midnight for
service:
Provided that an employee in such restaurant or eating house may be
required commence work not earlier than 4.30 a.m. and shall not be
required to work lat than 41 [00.30 a.m.]:
Provided also that any customer who was being served or waiting to
be ser at the closing hour of such restaurant or eating house may be
served in such restaurant or eating house during the quarter of an hour
immediately following such hour.
1 Subject to the provisions of sub-section (1), the [State]
Government may fix later opening or earlier closing hours for
different restaurants or eating house or for different areas or for
different periods of the year.

2 Notwithstanding anything contained in this section, or any other

enactment for the time being in force, or not more than ten days
in a year on festive or special occasions, the [State] Government
NOTES may, by notification in the Official Gazette, fix such opening and
closing hours for different restaurants or eating houses or different
areas, as it thinks proper.
20. Restaurants and eating houses not to sell goods of the kind sold in
before the opening and after the closing hours of shops:
Before and after the hours fixed for the opening and closing of shops under
sections 10 and 11, no goods of the kind sold in such shops shall be sold in
any restaurant or eating house except for consumption on premises.
21. Daily and weekly] hours of work in residential hotels, restaurants

and eating houses:
1 [Subject to the other provisions of this Act], no employee sl be required
or allowed to work in any residential hotel, restaurant or eating ho for
more than nine hours in any day/and forty eight hours in any week].
2 On the days which may be notified under sub-section (3) of section 19
employee may be required or allowed to work in a residential hotel,
restaurant eating house in excess of the period fixed under sub-section
(1),
3 if such ex period does not exceed three hours in any day.
22. Interval for rest:

The period of work of an employee in a residential hotel, restaurant or
eating house each day shall be so fixed that no peril continuous work shall
exceed five hours and that no employee shall be required allowed to work
for more than five hours before he has had an interval for rest at least one
hour]:
[Provided that, the State Government may, on an application made in that

behalf [by the union recognised under any law for the time being in force
where there is such union or where there is no such union by a majority of
the employees concerned] permit the reduction of the interval for rest to
half an hour.]

23. Spread-over:
The spread-over of an employee in a residential hotel, restaurant or eating
house shall not exceed twelve] hours:
NOTES
Provided that the [State] Government may increase the spread-over period
subject to such conditions as it may impose on the days that may be notified
under sub-section (3) of section 19.
24. Holidays in a week:

1 Every employee in a residential hotel, restaurant or eating house shall
be given at least one day in a week as a holiday: Provided that nothing
in this sub-section shall apply to an employee whose total period of
employment in any week is less than six days.
2 It shall not be lawful for an employer to call an employee at, or for an
employee to go to, his residential hotel, restaurant or eating house or
any other place for any work in connection with the business of his
residential hotel, restaurant or eating house on a day on which such
employee has a holiday.
3 No deduction shall be made from the wages of any employee in a
residential hotel, restaurant or eating house on account of any holiday
given to him under sub-section (1). If an employee is employed on a
daily wage, he shall nonetheless be paid his daily wage for the holiday.
25. Employer to furnish identity card to employee:

The employer shall furnish every employee in a residential hotel, restaurant
or eating house an identity card which shall be produced by the employee
on demand by an Inspector. Such card shall contain the following and such
other particulars as may be prescribed, namely:
a. the name of the employer;
b. the name, if any, and the postal address, of the establishment;
c. the name and age of the employee;
d. the hours of work, the interval for rest and the holiday of the
employee;
e. 2 [the signature (with date) of the employer or manager].
f. Theatres Or Other Places Of Public Amusement Or Entertainment

26. Closing hours of theatres or other places of public amusement or

entertainment:
Notwithstanding anything contained in any other enactment for the time
being in force, no theatre or other place of public amusement or
NOTES entertainment shall, on any day, be closed later than [00.30 a.m.]
27. Theatres or other places of public amusement or entertainment not

to sell goods of the kind sold in shops after the closing hour of shops:
After the hour fixed for the closing of shop under section 11, no goods of
the kind sold in a shop shall be sold in any theatre or other place of public
amusement or entertainment except for consumption on premises.
28. Daily [and weekly] hours of work in theatres or other places of

public amusement or entertainment:
1 No employee shall be required or allowed to work in any theatre or
other places of public amusement or entertainment for more than nine
hours in any day and forty-eight hours in any week
2 Any employee may be required or allowed to work in a theatre or other
place of public amusement or entertainment for any period in excess
of the limit fixed under sub-section (1), if such period does not exceed
six hours in any week].
[29. Interval for rest-

The period of work of an employee in a theatre or other place of public
amusement or entertainment each day shall be so fixed that no period of
continuous work shall exceed five hours and that no employee shall be
required or allowed to work for more than five hours before he has had an
interval for rest of at least one hour]:
[Provided that, the State Government may, on an application made, in that
behalf by the employees concerned, permit the reduction of the interval for
rest to half an hour.]
30. Spread-over:
The spread-over of an employee in a theatre or other pace of public
amusement or entertainment shall not exceed eleven hours in any day:
Provided that the [State] Government may increase the spread-over period
subject to such conditions as it may impose either generally or in the case
of a particular theatre or other place of public amusement or entertainment.

31. Holiday in a week:

1 Every employee in a theatre or other place of public amusement or
entertainment shall be given at least one day in a week as a holiday:
Provided that nothing in this sub-section shall apply to an employee NOTES
whose total period of employment in any week is less than six days.
2 It shall not be lawful for an employer to call an employee at, or for an
employee to go to, his theatre or other place of public amusement or
entertainment or any other place for any work in connection with the
business of his theatre or place of public amusement or entertainment
on a day on which such employee has a holiday.
3 No deduction shall be made from the wages of an employee in a theatre
or other place of public amusement or entertainment on account of any
holiday given to him under sub-section (1). If an employee is employed
on a daily wage, he shall nonetheless be paid his daily wage for the
holiday given to him.
32. Employment of Children, Young Persons and Women:

No child shall be required or allowed to work whether as an employer or
otherwise in any establishment, notwithstanding that such child is a member
of the family of the employer.
33. Opening and closing hours for young persons and women:
1 [deleted]
2 No such young person shall be required or allowed to work in any
establishment after 7.00 p.m.
3 No such woman shall be required or allowed to work in any
establishment after 9.30 p.m.]
34. Daily hours of work for young person’s:

1 Notwithstanding anything contained in this Act, no young person shall
be required or allowed to work, whether as an employee or otherwise,
in any establishment for more than six hours in any day.
2 No young person shall be required or allowed to work whether as an
employee or otherwise in any establishment for more than three hours
in any day unless he has had an interval for rest of at least half an hour.

34-A. Prohibition of employment of young persons and women in

dangerous work:
No young person or woman working in any establishment, whether as an
NOTES employee or otherwise, shall be required or allowed to perform such work
as may be declared by the State Government by notification in the Official
Gazette, to be work involving danger to life, health or morals.]
Leave With Pay And Payment Of Wages

35. Leave:
1. a. Subject to the provisions of clause (b), every employee who has
been employed for not less than three months in any year, shall
for every 60 days on which he has worked during the year be
allowed leave, consecutive or otherwise, for a period of not more
than five days:
b. every employee who has worked for not less than two hundred
and forty days during a year [irrespective of the date of
commencement of his service,] shall be allowed leave, consecutive
or otherwise, for a period of not less than twenty-one days:
Provided that such leave may be accumulated up to a maximum
period of forty-two days.
Explanation
1 The leave allowed to an employee under clauses (a) and (b) shall be
inclusive of the day or days during the period of such leave, on which
a shop, or commercial establishment remains closed under sub-section
(1) of section 18, or on which he is entitled to a holiday under sub-
section (1) of section 24 or section 31.]
2 If an employee entitled to leave under sub-section (1) [or (1-A)] is
discharged by his employer before he has been allowed the leave, or
if, having applied for and having been refused the leave, he quits his
employment before he has been allowed the leave, the employer shall
pay him the amount payable under section 36 in respect of the leave.
3 If an employee entitled to leave under sub-section (1) [or (1-A) is
refused the leave, he may give intimation to the Inspector or any other
officer authorised in this behalf by the [State] Government regarding
such refusal. The Inspector shall enter such intimation in a register kept
in such form as may be prescribed. [The employee shall also send a
copy of such intimation to his employer and, thereupon, the employee

shall be entitled to carry forward the unavailed leave without any limit.
4. Notwithstanding anything contained in this section, every employee,
irrespective of his period of employment, shall be entitled to additional
holiday on the 26th January, 1st May, 15th August and 2nd October NOTES
every year. 4 For holiday on these days, he shall be paid wages at a
rate equivalent to the daily average of his wages (excluding overtime),
which he earns during the month in which such compulsory holidays
falls: Provided that the employer may require any employee to work
in the establishment on all or any of these days, subject to the
conditions that for such work the employee shall be paid double the
amount of the daily average wages and also leave on any other day in
lieu of the compulsory holiday.
36. Pay during leave:

Every employee shall be paid for the period of his leave at a rate equivalent
to the daily average of his wages for the days on which he actually worked
during the preceding three months, exclusive of any earnings in respect of
overtime.
37. Payment when to be made:

An employee who has been allowed leave under section 35 shall, before
his leave begins, be paid half the total amount due to him for the period of
such leave.
38. Application and amendment of the Payment of Wages Act:

1. Notwithstanding anything contained in the Payment of Wages Act,
1936, (V оf 1936) herein referred to as "the said Act", the[State]
Government may, by notification published in the Official Gazette,
direct that subject to the provision of sub-section (2) of the said Act
[shall, in such local areas as may be specific in the notification, apply!
to all or any class of establishments or to all or any classes of
employees to which or whom this Act for the time being applies.
2. On the application of the provisions of the said Act to any
establishment or to any employees under sub-section (1), the
Inspector appointed under this Act shall be deemed to be the Inspector
for the purpose of the enforcement of hei provisions of the said Act
within the local limits of his jurisdiction.

З8 А. Application of Act VIII of 1923 to employees of establishment:

The provisions of the Workmen's Compensation Act, 1923 (VIII of 1923),
and the rules made from time to time thereunder, shall, mutatis mutandis,
NOTES apply to employees of an establishment to which this Act applies, as if they
were workmen within the meaning of the Workmen's Compensation Act,
1923.
Health And Safety

39. Cleanliness:
The premises of every establishment shall be kept clean and free from
effluvia arising from any drain or privy or other nuisance and shall be
cleaned at such times and by such methods as may be prescribed. These
methods may include lime washing, colour washing, painting, varnishing,
disinfection and deodorising.
40. Ventilation:
The premises of every establishment shall be ventilated in accordance with
such standards and by such methods as may be prescribed.
41. Lighting:
1 The premises of every establishment shall be sufficiently lighted during
all working hours.
2 If it appears to an Inspector that the premises of any establishment
within his jurisdiction are not sufficiently lighted, he may serve on the
employer an order in writing specifying the measures which in his
opinion should be adopted and requiring them to be carried out before
a specified date.
42. Precautions against fire:

In every establishment except such establishment or class of establishments
as may be prescribed, such precautions against fire shall be taken as may
be prescribed.
[42-A] first-Aid:
In every establishment wherein a manufacturing process as defined in
clause (k) of section 2 of the Factories Act, 1948, (LXIII of 1948) is carried

on, there shall be provided and maintained a first-aid box containing such
articles as may be prescribed.]
NOTES
Enforcement And Inspection
43. Powers And Duties Of Local Authorities:
Save as otherwise provided in this Act, it shall be the duty of every local
authority to enforce, within the area subject to its jurisdiction, the provisions
of this Act, subject to such supervision of the [State] Government as may
be prescribed:
Provided that the local authority may by order direct that the said duty of
enforcing the provisions of this Act shall be discharged, in such
circumstances and subject to such conditions, if any, as may be specified
in the order, by its Chief Executive Officer or any other subordinate to it:
Provided also that in respect of the areas not subject to the jurisdiction of
any local authority, it shall be the duty of the ^[State] Government to
enforce the said provisions.
44. Power to make by-laws:

A local authority empowered under section 43 to enforce the provisions of
this Act may, with the previous sanction of the [State Government make
by-laws not inconsistent with the provisions of the Act, or the rules or orders
made by the [State] Government thereunder for the purpose of carrying out
the provisions of this Act.
[44-A] Provisions for taking over administration of the Act from local
authorities:
Notwithstanding anything contained in sections 43 and 44, with a view to
implementing the policy of the State Government of taking over the
administration of this Act gradually from all the local authorities in the
State, the State Government may, from time to time, by notification in the
Official Gazette, without the necessity of giving any further notice or
reasons, declare that any local authority or authorities or class of local
authorities specified in such notification shall cease to perform the duty of
enforcing the provisions of this Act from a date specified in that notification.
From that date, it shall be the duty of the State Government to enforce the
said provisions, in respect of the areas subject to the jurisdiction of such
local authorities also.]

45. Delegation of powers:

The State Government may by order published in the Official Gazette,
direct that any power exercisable by it under this Act or the rules made
NOTES thereunder (except the power to make rules) shall in relation to such matters
and subject to such conditions, if any, as may be specified in the order, be
exercised also by any local authority, or by any officer subordinate to the
State Government, as may be specified in the order.]
46. Power of "State Government to provide for performance of duties

on default by local authority:
1 If any local authority makes default in the performance of any duty
imposed by or under this Act, the [State] Government may appoint
some person to perform it and may direct that the expense of
performing it with a reasonable remuneration to the person appointed
to perform it shall be paid forthwith by the local authority.
2 If the expense and remuneration are not so paid, the ^[State]
Government may, notwithstanding anything contained in any law
relating to the municipal fund or local fund or any other law for the
time being in force, make an order directing the bank in which any
moneys of the local authority are deposited or the person in charge of
the local Government Treasury or of any other place of security in
which the moneys of the local authority are deposited to pay such
expense and remuneration from such moneys as may be standing to
the credit of the local authority in such bank or may be in the hands of
such person or as may from time to time be received from on behalf
of the local authority by way of deposit by such bank or person; and
such bank or person shall be bound to obey such order.
Every payment made pursuant to such order shall be a sufficient discharge

to such bank or person from all liability to the local authority in respect of
any sum or sums so paid by it or him out of the moneys of the local
authority so deposited with such bank or person.
47. Expenses of local authority to be paid out of its fund:

Notwithstanding anything contained in any enactment in regard to any
municipal or local fund, all expenses incurred by a municipality or a local
board under and for the purposes this Act shall be paid out of the municipal
or local fund, as the case may be.

48. Appointment of Inspectors:

1. Every local authority shall appoint sufficient number of persons with
the prescribed qualifications as Inspectors for! the area subject to its
jurisdiction as it may deem fit for the purpose of carrying out) the NOTES
provisions of this Act
2. In areas which are. not subject to the jurisdiction of any local authority,
the [State] Government shall appoint Inspectors with the prescribed
qualifications [and in areas which are subject to the jurisdiction of any
local authority, the State Government may appoint Inspectors with the
prescribed qualifications for such supervision as the State Government
may prescribe.]
3. A local authority or, as the case may be, the State Government may
direct that the powers conferred on it by this section shall in such
circumstances, and subject to such conditions (if any), as may be
specified in the direction be exercised.
a. in the case of a local authority, by its standing committee or by
any committee appointed by it in this behalf or, if such local
authority is a municipal corporation, by its Municipal
Commissioner or Deputy Municipal Commissioner, and
b. in the case of the State Government, by any officer subordinate to
it.
4. Notwithstanding anything contained in the Minimum Wages Act, 1948,
(XI of 1948), Inspectors appointed, whether by a local authority, or the
State Government under this Act in relation to any area, shall be
deemed to be also Inspectors for the purposes of the Minimum Wages
Act, 1948, in respect of establishments to which this Act applies, and
the local limits within which an Inspector shall exercise his functions
under that Act shall be the same as the area for which he is appointed
under this Act XI of 1948.
49. Powers and duties of Inspectors:

Subject to any rules made by the [State Government] in this behalf an
Inspector may, within the local limits for which he is appointed.-
a. enter, at all reasonable time and with such assistants, if any, being
persons in the service of the ^[Government or of any local authority
as he thinks fit, any place which is or which he has reason to believe
is an establishment;
b. make such examination of the premises and of any prescribed registers,

records and notices, and lake on the spot or otherwise evidence of any
persons as he may deem necessary for carrying out the purposes of this
Act;30 [******] [(bb) if he has reason to suspect that any employer of
NOTES an establishment to which this Act applies has committed an offence
punishable under section 52 or 55 seize, with the previous permission
of such authority as may be prescribed such registers, records or other
documents of the employer, as he may consider necessary, and shall
grant a receipt therefor and shall retain them only for so long as may
be necessary for examination thereof, or for prosecution; and]
c. exercise such other powers as may be necessary for carrying out
the purposes of this Act; Provided that no one shall be required
under this section to answer any question or give any evidence
tending to criminate himself.
50. Inspectors to be public servants:

Every inspector appointed under section 48 shall be deemed to be a public
servant within the meaning of section 21 of the Indian Penal Code (XLV of
1860).
51. Employer [and manager to produce registers, records etc. for

inspection:
Every employer [and in his absence the manager shall on demand produce
for inspection of an Inspector all registers, records and notices required to
be kept under and for the purpose of this Act.
Offences And Penalties

52. Contravention Of Certain Provisions And Offences:
a. If any employer fails to send to the Inspector a statement within the
period specified in section 7 or to notify a change within the period
specified in section 8 or to notify the closing of his establishment under
section 9;
b. If in any establishment there is any contravention of any of the
provisions оf sections 10, 11, 13, 18, 19, 20, 26, 27, 39, 40, 41 or 42 or
any orders made thereunder, or
c. If in any establishment any person is required or allowed to work in
contravention of sections 14, 15, 16, 17, 21, 22, 23, 24, 28, 29, 30, or
31, or

d. If in any establishment a child or young person or woman is required

or allowed to work in contravention of section 32, 33 or 34; or
e. If any employer or manager contravenes the provisions of Section 51
or any employer contravenes the provisions of section 62 or 65; or] NOTES
f. If in any establishment there is any contravention of any section, rule
or order for which no specific punishment is provided in this Act, the
employer and the manager shall, on conviction, each be punished [for
each offence] with fine which shall not be less than [one thousand
rupees] and which may extend to [five thousand rupees]:
Provided that, if the contravention of the provisions of sub-section (1)
section 7 is continued after the expiry of the tenth day after conviction, the
employer shall on conviction be punished with a further fine which may
extend one hundred rupees for each day on which the contravention is so
continued.
53. Contravention of section 12:

If any person contravenes the provisions section 12, he shall, on conviction,
[be punished for each offence with fine which shall not be less than one
thousand rupees] and which may extend to [five thousand rupees.]
54. Employee contravening section 18(2), 24, 31 and 65:

If any employee contravenes the provisions of sub-section (2) of section
18, 24, 31 or 65 he shall on conviction [be punished for each offence with
fine which shall not be less than five hundred rupees] and which may extend
to [five thousand rupees]
55. false entries by employer and manager:

If any employer or manager with intent to deceive makes, or causes or
allows to be made, in any register, record notice prescribed to be maintained
under the provisions of this Act or the гules made thereunder, an entry
which, to his knowledge, is false in any material particular, or willfully
omits or causes or allows to be omitted, from any such register, record or
notice, an entry which is required to be made therein under the provisions
of this Act or the rules made thereunder, or maintains or causes or allows
to be maintained, more than one set of any register, record or notice except
the office copy of such notice, or sends, or causes or allows to be sent, to
an Inspector, any statement, information or notice prescribed to be sent
under the provisions of this Act or the rules made thereunder which, to his

knowledge, is false in any material particular, he shall, on conviction, be

punished with fine which shall not be ^[less than ^[one thousand rupees]
and which may extend to ^[five thousand rupees]:
NOTES Provided that if both the employer and the manager are convicted, the
aggregate of the fine in respect of the .same contravention shall not exceed
[five thousand rupees.]
56. Enhanced penalty in certain cases after previous conviction:

If any employer and manager who have been convicted of any offence
under subsection (1) of sections 10, 11, 13, 14, 18, 19, 24, 31 or 34 or under
sub-section (2) or (3) of section 14 or under section 55 or under sections
21, 26, 28, 32, 33, 51, 57, 62 or 65, are again guilty of an offence involving
a contravention of the same provision, they shall each be punished on the
second conviction with
a. fine which shall not be less than [one thousand rupees] and which may
extend to five thousand rupees]; and
b. if they are again so guilty, they shall each be punished on the third or
any subsequent conviction with fine which shall not be less than [seven
thousand and five hundred rupees] and which may extend to [ten
thousand rupees]:
Provided that if both the employer and the manager are convicted the
aggregate of the fine in respect of the same contravention shall not exceed
ten thousand rupees] on second conviction and [Fifteen thousand rupees]
on third or any subsequent conviction:
Provided further that, for the purposes of this section, no cognizance shall
be taken of any conviction made more than two years before the
commission of the offence which is being punished:
Provided also that the Court, if it is satisfied that there are exceptional
circumstances warranting such a course may after recording its reasons in
writing impose a smaller fine than is required by this section.
57. Penalty for obstructing Inspector:

Whoever willfully obstructs an Inspector in the exercise of any power under
section 49 or conceals or prevents any employee in an establishment from
appearing before or being examined by an Inspector, shall, on conviction,
be punished with fine which shall not be less than [one thousand rupees]
and which may extend to '^[five thousand rupees].

58. Determination of employer for the purpose of this Act:

1 Where the owner of an establishment is a firm or other association of
individuals, any one of the individual partners or members thereof may
be prosecuted and punished under this Act for any offence for which NOTES
an employer in an establishment is punishable: Provided that the firm
or association may give notice to the Inspector that it has nominated
one of its members who is resident in the [State] to be the employer
for the purposes of this Act and such individual shall so long as he is
so resident be deemed to be the employer for the purposes of this Act,
until further notice cancelling the nomination is received by the
Inspector or until he ceases to be a partner or member of the firm or
association.
2 Where the owner of an establishment is a company, any one of the
directors thereof, or in the case of a private company, any one of the
share holders thereof, may be prosecuted and punished under this Act
for any offence for which the employer in the establishment is
punishable:
Provided that the company may give notice to the Inspector that it has
nominated a director, or, in the case of a private company, a shareholder
who is resident in the State to be the employer in the establishment for
the purposes of this Act, and such director or shareholder shall so long
as he is so resident be deemed to be the employer in the establishment
for the purposes of this Act, until further notice cancelling his
nomination is received by the Inspector or until he ceases to be a
director or shareholder.
59. Exemption of employer or manager from liability in certain cases:

1. Where the employer or manager of an establishment is charged with
an offence against this Act or the rules or orders made thereunder, he
shall be entitled upon complaint duly made by him to have any other
person whom he charges as the actual offender brought before the
Court at the time appointed for hearing the charge; and if, after the
commission of the offence has been proved, the employer or manager
of the establishment proves to the satisfaction of the Court-
a. that he has used due diligence to enforce the execution of this Act;
and
b. that the said other person committed the offence in question
without his knowledge, consent or connivance, that other person
shall be convicted of the offence and shall be liable to the like fine
as if he were the employer or manager, and the employer or

manager shall be discharged from any liability under this Act.

2. When it is made to appear to the satisfaction of the Inspector at any
time prior to the institution of the proceedings –
NOTES
a. that the employer or manager of the establishment has used all
due diligence to enforce the execution of this Act,
b. by what person the offence has been committed, and
c. that it has been committed without the knowledge, consent or
connivance of the employer or manager, and in contravention of
his orders, the Inspector shall proceed against the person whom
he believes to be the actual offender without first proceeding,
against the employer or manager of the establishment, and such
person shall be liable to the like fine as he were the employer or
manager.
60. Cognizance of offences:

1. No prosecution under this Act or the rules о orders made thereunder
shall be instituted except by an Inspector and except with the previous
sanction of the [District Magistrate , [Additional District Magistrate,
Sub-Divisional Magistrate, Commissioner of Labour, Additional
Commissioner of Labour or Deputy Commissioner of Labour, or the
local authority, as the case may be [or, without any such sanction, by
an aggrieved person, or by a representative of the registered union of
which the aggrieved person, is a member:
Provided that any local authority may direct that the powers conferred
on it by this sub-section shall, in such circumstances and subject to
such conditions, if any, as may be specified in the direction, be
exercised by its standing committee or by any committee appointed by
it in this behalf or, if such local authority is a municipal corporation,
by its Municipal Commissioner, [Deputy Municipal Commissioner or
Assistant Municipal Commissioner.
2 No court inferior to that of a [Metropolitan Magistrate or a Judicial

Magistrate of the first class shall try any offence against this Act or
any rule or order made thereunder.
61. Limitation of Prosecutions:
1 No court shall take cognizance of any offence under this Act or any
rule or order made thereunder, unless complaint thereof is made within

[three months from the date on which the alleged commission of the
offence came to the knowledge of an Inspector.
NOTES
2 Notwithstanding anything contained in sub-section (1) the aggrieved
person or a representative of the registered union of which the
aggrieved person is a member, may within three months from the date
on which the alleged commission of the offence took place give
intimation of the offence to the Inspector and request him to institute
prosecution. On receipt of such intimation and request, the Inspector
may himself institute the prosecution within the period of limitation
specified in sub-section (1) or inform the applicant before the expiry
of the said period or as soon as possible thereafter that he does not
propose to institute prosecution. On receipt of such intimation, the
applicant shall be entitled to institute prosecution, and the Court shall
take cognizance of the offence, if complaint thereof is made to it within
two months from the date of receipt of the intimation of the Inspector
by the applicant.

Questions
NOTES 1. Explain the provisions of registration of shops and other commercial

establishment under Bombay shop Act.
2. Define shop and commercial establishment.
3. Explain provisions relating to working hours of shops, restaurant and

theaters.
4. Give the provisions of health and safety.
5. Explain the provisions relating to employment of women and children.

UNIT - 7
THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970
NOTES
SYNOPSIS
1 Introduction
2 Central and state advisory board, power to constitute committee
3 Registration of establishments employing contract Labour,
Licensing of contractors
4 Welfare and health of contract Labour
6 Conclusion
Introduction:
This Act may be called the Contract Labour (Regulation and Abolition) Act,
1970. It extends to the whole of India. It shall come into force on such date
1 as the Central Government may, by notification in the Official Gazette,
appoint and different dates may be appointed for different provisions of this
Act.
It applies-
a. to every establishment in which twenty or more workmen are
employed or were employed on any day of the preceding twelve
months as contract labour.
b. to every contractor who employs or who employed on any day of the
preceding twelve months twenty or more workmen: Provided that the
appropriate Government may, after giving not less than two months'
notice of its intention so to do, by notification in the Official Gazette,
apply the provisions of this Act to any establishment or contractor
employing such number of workmen less than twenty as may be
specified in the notification.
It shall not apply to establishments in which work only of an intermittent
or casual nature is performed.
If a question arises whether work performed in an establishment is of an
intermittent or casual nature, the appropriate Government shall decide that
question after consultation with the Central Board or, as the case may be, a
State Board, and its decision shall be final.
The Contract Labour (regulation and Abolition) Act, 1970 105

Explanation : For the purpose of this sub-section, work performed in an

establishment shall not be deemed to be of an intermittent nature-
i. if it was performed for more than one hundred and twenty days in the
NOTES preceding twelve months, or
ii. if it is of a seasonal character and is performed for more than sixty days
in a year.
State Amendment: Maharashtra –

In section 1, in sub-section (5), after clause (b), add the following clause,
namely:-Notwithstanding anything contained in clause (b) or any other
provisions of this Act, the work performed or carried out in the area of
Special Economic Zone (declared as such by the Government of India),
which is of ancillary nature such as canteen, gardening, cleaning, security,
courier services, transport of raw material and finished products, or loading
and unloading of goods within the premises of a factory or establishments
which are declared 100 per cent. export units by Government, required to
achieve the objective of a principal establishment in the said area, shall be
deemed to be of temporary and intermittent nature irrespective of the period
of performance of the work by the workers in such ancillary
establishments."
[Vide The Contract Labour (Regulation and Abolition) (Maharashtra
Amendment) Act, 2005 (Maharashtra Act 13 of 2006), sec. 2 (w.e.f. 2-5-
2006).]
Definitions-[Section 2] "Appropriate Government":

Section 2 (a) Appropriate Government means-
i. in relation to an establishment in respect of which the appropriate
Government under the Industrial Disputes Act, 1947 (14 of 1947), is
the Central Government, the Central Government.
ii. in relation to any other establishment, the Government of the State in
which that other establishment is situated;]
Section 2 (b) a workman shall be deemed to be employed as "contract
labour" in or in connection with the work of an establishment when he is
hired in or in connection with such work by or through a contractor, with
or without the knowledge of the principal employer;
Section 2 c "Contractor": in relation to an establishment, means a person

who undertakes to produce a given result for the establishment, other than
a mere supply of goods or articles of manufacture to such establishment,
through contract labour or who supplies contract labour for any work of the
establishment and includes a sub-contractor; NOTES
Section 2 (d) “Controlled Industry": Controlled Industry means any
industry the control of which by the Unionhas been declared by any Central
Act to be expedient in the public interest;
Section 2 (e) “Establishment" means:
i. any office or department of the Government or a local authority, or
ii. any place where any industry, trade, business, manufacture or
occupation is carried on;
Section 2 (g) “Principal employer" means-
i. in relation to any office or department of the Government or a local
authority, the head of that office or department or such other officer as
the Government or the local authority, as the case may be, may specify
in this behalf,
ii. in a factory, the owner or occupier of the factory and where a person
has been named as the manager of the factory under the Factories Act,
1948 (63 of 1948), the person so named,
iii. in a mine, the owner or agent of the mine and where a person has been
named as the manager of the mine, the person so named,
iv. in any other establishment, any person responsible for the supervision
and control of the establishment.
Explanation : For the purpose of sub-clause (iii) of this clause, the
expressions "mine", "owner" and "agent" shall have the meanings
respectively assigned to them in clause (j), clause (l) and clause (c) of sub-
section (1) of section 2 of the Mines Act, 1952 (35 of 1952);
Section 2 (i) "Workman":
Workman means any person employed in or in connection with the work
of any establishment to do any skilled, semi-skilled or un-skilled manual,
supervisory, technical or clerical work for hire or reward, whether the terms
of employment be express or implied, but does not include any such person-
a. who is employed mainly in a managerial or administrative capacity; or
b. who, being employed in a supervisory capacity draws wages exceeding
five hundred rupees per mensem or exercises, either by the nature of
the duties attached to the office or by reason of the powers vested in
him, functions mainly of a managerial nature; or

c. who is an out-worker, that is to say, a person to whom any articles or

materials are given out by or on behalf of the principal employer to be
made up, cleaned, washed, altered, ornamented, finished, repaired,
NOTES adapted or otherwise processed for sale for the purposes of the trade
or business of the principal employer and the process is to be carried
out either in the home of the out-worker or in some other premises, not
being premises under the control and management of the principal
employer. Any reference in this Act to a law which is not in force in
the State of Jammu and Kashmir shall, in relation to that State, be
construed as a reference to the corresponding law, if any, in force in
that State.
Central Advisory Board:

The Central Government shall, as soon as may be, constitute a board to be
called the Central Advisory Contract Labour Board (hereinafter referred to
as the Central Board) to advise the Central Government on such matters
arising out of the administration of this Act as may be referred to it and to
carry out other functions assigned to it under this Act. –
1 The Central Government shall, as soon as may be, constitute a board
to be called the Central Advisory Contract Labour Board (hereinafter
referred to as the Central Board)
2 to advise the Central Government on such matters arising out of the
administration of this Act as may be referred to it and to carry out other
functions assigned to it under this Act."
The Central Board shall consist of-
a. A Chairman to be appointed by the Central Government;
b. the Chief Labour Commissioner (Central), ex-officio;
c. such number of members, not exceeding seventeen but not less
than eleven, as the Central Government may nominate to represent
that Government, the Railways, the coal industry, the mining
industry, the contractors, the workmen and any other interests
which, in the opinion of the Central Government, ought to be
represented on the Central Board.
The number of persons to be appointed as members from each of
the categories specified in sub-section (2), the term of office and
other conditions of service of, the procedure to be followed in the
discharge of their functions by, and the manner of filling vacancies
among, the members of the Central Board shall be such as may
be prescribed: Provided that the number of members nominated

to represent the workmen shall not be less than the number of

members nominated to represent the principal employers and the
contractors.
NOTES
State Advisory Board:
The State Government may constitute a board to be called the State
Advisory Contract Labour Board (hereinafter referred to as the State Board)
to advise the State Government on such matters arising out of the
functions assigned to it under this Act. –
a. The State Government may constitute a board to be called the State
Advisory Contract Labour Board (hereinafter referred to as the State
Board)
b. to advise the State Government on such matters arising out of the
functions assigned to it under this Act."
The State Board shall consist of-

a. a Chairman to be appointed by the State Government;
b. the Labour Commissioner, ex officio, or in his absence any other
officer nominated by the State Government in that behalf;
c. such number of members, not exceeding eleven but not less than
nine, as the State Government may nominate to represent that
Government, the industry, the contractors, the workmen and any
other interests which, in the opinion of the State Government,
ought to be represented on the State Board. The number of persons
to be appointed as members from each of the categories specified
in sub-section (2), the term of office and other conditions of
service of, the procedure to be followed in the discharge of their
functions by, and the manner of filling vacancies among, the
members of the State Board shall be such as may be prescribed:
Provided that the number of members nominated to represent the
workmen shall not be less than the number of members nominated
to represent the principal employers and the contractors.
Power To Constitute Committee:

The Central Board or the State Board, as the case may be, may constitute
such committees and for such purpose or purposes as it may think fit.

1 The Central Board or the State Board, as the case may be, may
constitute such committees and for such purpose or purposes as it may
think fit."
NOTES 2 The committee constituted under sub-section (1) shall meet at such
times and places and shall observe such rules of procedure in regard to
the transaction of business at its meetings as may be prescribed.
3 The members of a committee shall be paid such fees and allowances
for attending its meetings as may be prescribed: Provided that no fees
shall be payable to a member who is an officer of Government or of
any corporation established by any law for the time being in force. state
amendment Andhra Pradesh.-Omit section 5. [Vide Contract Labour
(Regulation and Abolition) (Andhra Pradesh) (Amendment) Act, 2003
(Andhra Pradesh Act 10 of 2003), sec. 3.]
Registration Of Establishments Employing Contract Labour

Appointment of registering officers:
The appropriate Government may, by an order notified in the Official
Gazette--The appropriate Government may, by an order notified in the
Official Gazette-"
a. appoint such persons, being Gazetted Officers of Government, as it
thinks fit to be registering officers for the purposes of this Chapter; and
b. define the limits, within which a registering officer shall exercise the
powers conferred on him by or under this Act.
Registration of certain establishments:

Every principal employer of an establishment to which this Act applies
shall, within such period as the appropriate Government may, by
notification in the Official Gazette, fix in this behalf with respect to
establishments generally or with respect to any class of them, make an
application to the registering officer in the prescribed manner for
registration of the establishment:
1 Every principal employer of an establishment to which this Act applies
shall, within such period as the appropriate Government may, by
notification in the Official Gazette, fix in this behalf with respect to
establishments generally or with respect to any class of them, make an
application to the registering officer in the prescribed manner for
registration of the establishment\:" Provided that the registering officer
may entertain any such application for registration after expiry of the

period fixed in this behalf, if the registering officer is satisfied that the
applicant was prevented by sufficient cause from making the
application in time.
2 If the application for registration is complete in all respects, the NOTES
registering officer shall register the establishment and issue to the
principal employer of the establishment a certificate of registration
containing such particulars as may be prescribed.
Revocation of registration in certain cases:

If the registering officer is satisfied, either on a reference made to him in
this behalf or otherwise,
a. that the registration of any establishment has been obtained by
misrepresentation or suppression of any material fact, or
b. that for any other reason the registration has become useless or
ineffective and,
c. therefore, requires to be revoked, the registering officer may, after
giving an opportunity to the principal employer of the establishment
to be heard and with the previous approval of the appropriate
Government, revoke the registration.
If the registering officer is satisfied, either on a reference made to him in
this behalf or otherwise, that the registration of any establishment has been
obtained by misrepresentation or suppression of any material fact, or that
for any other reason the registration has become useless or ineffective and,
therefore, requires to be revoked, the registering officer may, after giving
an opportunity to the principal employer of the establishment to be heard
and with the previous approval of the appropriate Government, revoke the
registration."
Effect of non-registration:
No principal employer of an establishment, to which this Act applies,
shall--No principal employer of an establishment, to which this Act applies,
shall-"
a. in the case of an establishment required to be registered under section
7, but which has not been registered within the time fixed for the
purpose under that section,
b. in the case of an establishment the registration in respect of which has
been revoked under section 8, employ contract labour in the
establishment after the expiry of the period referred to in clause (a) or

after the revocation of registration referred to in clause (b), as the case

may be.
NOTES
Prohibition of employment of contract labour:
Notwithstanding anything contained in this Act, the appropriate
Government may, after consultation with the Central Board or, as the case
may be, a State Board, prohibit, by notification in the Official Gazette,
employment of contract labour in any process, operation or other work in
any establishment.
Before issuing any notification under sub-section (1) in relation to an

establishment, the appropriate Government shall have regard to the
conditions of work and benefits provided for the contract labour in that
establishment and other relevant factors, such as-
a. whether the process, operation or other work is incidental to, or
necessary for the industry, trade, business, manufacture or occupation
that is carried on in the establishment;
b. whether it is of perennial nature, that is to say, it is of sufficient duration
having regard to the nature of industry, trade, business, manufacture
or occupation that is carried on in that establishment;
c. whether it is done ordinarily through regular workmen in that
establishment or an establishment similar thereto;
d. whether it is sufficient to employ considerable number of whole-time
workmen.
Explanation : If a question arises whether any process or operation or other

work is of perennial nature, the decision of the appropriate Government
thereon shall be final.
Appointment of licensing officers.

The appropriate Government may, by an order notified in the Official
Gazette,
a. appoint such persons, being Gazetted Officers of Government, as it
thinks fit to be licensing officers for the purposes of this Chapter; and
b. define the limits, within which a licensing officer shall exercise the
powers conferred on licensing officers by or under this Act.

Licensing Of Contractors
With effect from such date as the appropriate Government may, by
notification in the Official Gazette, appoint, no contractor to whom this Act
applies, shall undertake or execute any work through contract labour except NOTES
under and in accordance with a licence issued in that behalf by the licensing
officer. –
With effect from such date as the appropriate Government may, by
notification in the Official Gazette, appoint, no contractor to whom this Act
applies, shall undertake or execute any work through contract labour except
under and in accordance with a licence issued in that behalf by the licensing
officer."
Subject to the provisions of this Act, a licence under sub-section (1) may
contain such conditions including, in particular, conditions as to hours of
work, fixation of wages and other essential amenities in respect of contract
labour as the appropriate Government may deem fit to impose in accordance
with the rules, if any, made under section 35 and shall be issued on payment
of such fees and on the deposit of such sum, if any, as security for the due
performance of the conditions as may be prescribed.
Grant of licences:
Every application for the grant of a licence under sub-section (1) of section
12 shall be made in the prescribed form and shall contain the particulars
regarding the location of the establishment, the nature of process, operation
or work for which contract labour is to be employed and such other
particulars as may be prescribed. –
a. Every application for the grant of a licence under sub-section (1) of
section 12 shall be made in the prescribed form and shall contain the
particulars regarding the location of the establishment, the nature of
process, operation or work for which contract labour is to be employed
and such other particulars as may be prescribed."
b. The licensing officer may make such investigation in respect of the
application received under sub-section (1) and in making any such
investigation the licensing officer shall follow such procedure as may
be prescribed.
c. A licence granted under this Chapter shall be valid for the period
specified therein and may be renewed from time to time for such period
and on payment of such fees and on such conditions as may be
prescribed.

Revocation, suspension and amendment of licences:

If the licensing officer is satisfied, either on a reference made to him in this
behalf or otherwise, that--(1) If the licensing officer is satisfied, either on a
NOTES reference made to him in this behalf or otherwise, that-"
a. a licence granted under section 12 has been obtained by
misrepresentation or suppression of any material fact, or
b. the holder of a licence has, without reasonable cause, failed to comply
with the conditions subject to which the licence has been granted or
has contravened any of the provisions of this Act or the rules made
thereunder, then, without prejudice to any other penalty to which the
holder of the licence may be liable under this Act, the licensing officer
may, after giving the holder of the licence an opportunity of showing
cause, revoke or suspend the licence or forfeit the sum, if any, or any
portion thereof deposited as security for the due performance of the
conditions subject to which the licence has been granted.
Subject to any rules that may be made in this behalf, the licensing officer
may vary or amend a licence granted under section 12.
Appeal:
1 Any person aggrieved by an order made under section 7, section 8,
section 12 or section 14 may, within thirty days from the date on which
the order is communicated to him, prefer an appeal to an appellate
officer who shall be a person nominated in this behalf by the
appropriate Government: Provided that the appellate officer may
entertain the appeal after the expiry of the said period of thirty days, if
he is satisfied that the appellant was prevented by sufficient cause from
filing the appeal in time.
2 On receipt of an appeal under sub-section (1), the appellate officer
shall, after giving the appellant an opportunity of being heard dispose
of the appeal as expeditiously as possible.
Welfare And Health Of Contract Labour:

1 The facilities required to be provided under sections 18 and 19 of the
Act, namely, sufficient supply of wholesome drinking water, a
sufficient number of latrines and urinals, washing facilities and first-
aid facilities, shall be provided by the contractor in the case of the
existing establishment within seven days of the commencement of
these rules and in the case of new establishment within seven days of

the commencement of the employment of contract labor therein.

2 If any of the facilities mentioned in sub-rule (1) is not provided by the
contractor within the period prescribed the same shall be provided by
the principal employer within seven days of the expiry of the period NOTES
laid down in the said sub-rule.
Rest-rooms:
1. In every place where in contract labor is required to halt at night in
connection with the working of the establishment to which the Act
applies and in which employment of contract labor is likely to continue
for three months or more the contractor shall provide and maintain rest-
rooms or other suitable alternative accommodation within fifteen days
of the coming into force of the rules in the case of existing
establishments, and within fifteen days of the commencement of the
employment of contract labor in new establishments.
2. If the amenity referred to in sub-rule (1) is not provided by the
contractor within the period prescribed, the principal employer shall
provide the same within a period of fifteen days of the expiry of the
period laid down in the said sub-rule.
3. Separate rooms shall be provided for women employees.
4. Effective and suitable provisions shall be made in every room for
securing and maintaining adequate ventilation by the circulation of
fresh air and there shall also be provided and maintained sufficient and
suitable natural or artificial lighting.
5. The rest-room or rooms or other suitable alternative accommodation
shall be of such dimensions so as to provide at least a floor area of 1.1
sq. meter for each person making use of the rest-room.
6. The rest-room or rooms or other suitable alternative accommodation
shall be so constructed as to afford adequate protection against heat,
wind, rain and shall have smooth, hard and impervious floor surface.
7. The rest-room or other suitable alternative accommodation shall be at
a convenient distance from the establishment and shall have adequate
supply of wholesome drinking water.
Canteens:
1. In every establishment to which the Act applies and wherein work
regarding the employment of contract labor is likely to continue for six
months and wherein contract labor numbering one hundred or more

are ordinarily employed, an adequate canteen shall be provided by the

contractor for the use of such contract labor within sixty days of the
date of coming into force of the rules in the case of the existing
NOTES establishments and within 60 days of the commencement of the
employment of contract labor in the case of new establishments.
2. If the contractor fails to provide the canteen within the time laid down
the same shall be provided by the principal employer within sixty days
of the expiry of the time allowed to the contractor.
3. The canteen shall be maintained by the contractor or principal
employer, as the case may be, in an efficient manner.
4. The canteen shall consist of at least a dining-hall, kitchen, store-room,
pantry and washing places separately for workers and for utensils.
5. The canteen shall be sufficiently lighted at all times when any person
has access to it.
6. The floor shall be made of smooth and impervious material and inside
walls shall be lime-washed or colour-washed at least once in each year:
PROVIDED that the inside walls of the kitchen shall be lime-washed every
four months.
i. The precincts of the canteen shall be maintained in clean and sanitary
conditions.
ii. Waste water shall be carried away in suitable covered drains and shall
not be allowed to accumulate so as to cause a nuisance.
iii. Suitable arrangements shall be made for the collection and disposal of
garbage.
Dining-hall:
1. The dining-hall shall accommodate at a time at least 30 percent of the
contract labor working at a time.
2. The floor area of the dining-hall, excluding the area occupied by the
service counter and any furniture except tables and chairs shall be not
less than one square meter per diner to be accommodated as prescribed
in sub-rule (1).
3. A portion of the dining-hall and service counter shall be partitioned off
and reserved for women workers, in proportion to their number.
4. Washing places for women shall be separate and screened to secure

privacy.
5. Sufficient tables, stools, chairs or benches shall be available for the
number of diners to be accommodated as prescribed in sub-rule (1).
NOTES
furniture and utensils:

1. There shall be provided and maintained sufficient utensils, crockery,
cutlery, furniture and any other equipment necessary for the efficient
running of the canteen.
2. The furniture, utensils and other equipment shall be maintained in a
clean and hygienic condition.
3. Suitable clean clothes for the employees serving in the canteen shall
also be provided and maintained.
i. A service counter, if provided, shall have top of smooth and
impervious material.
ii. Suitable facilities, including an adequate supply of hot water shall
be provided for the cleaning of utensils and equipment.
The foodstuffs and other items to be served in the canteen shall be in
conformity with the normal habits of the contract labor.
Charges of foodstuff:
The charges for foodstuff, beverages and any other items served in the
canteen shall be based on 'no profit, no loss' and shall be conspicuously
displayed in the canteen. In arriving at the prices of foodstuffs and other
articles served in the canteen the following items shall not be taken into
consideration as expenditure, namely-
a. the rent for the land and building;
b. the depreciation and maintenance charges for the building and
equipment provided for in the canteen;
c. the cost of purchase, repairs and replacement of equipments including
furniture, crockery, cutlery and utensils;
d. the water charges and other charges incurred for lighting and
ventilation;
e. the interest on the amounts spent on the provision and maintenance of
furniture and equipment provided for in the canteen.

Books of Accounts:
The books of accounts and registers and other documents used in
connection with the running of the canteen shall be produced on demand
NOTES to an Inspector.
Audit:
The accounts pertaining to the canteen shall be audited once every 12
months by registered accountant and auditors:
PROVIDED that the Chief Labor Commissioner (Central) may approve of
any other person to audit the accounts, if he is satisfied that it is not feasible
to appoint a registered accountant and auditor in view of the site or the
location of the canteen.
Latrines and urinals:

Latrines shall be provided in every establishment coming within the scope
of the Act on the following scale, namely:
a. where females are employed, there shall be at least one latrine for every
25 females;
b. where males are employed, there shall be at least one latrine for every
25 males;
PROVIDED that where the number of males or females exceeds 100, it

shall be sufficient if there is one latrine for every 25 males or females, as
the case may be, up to the first 100, and one for every 50 thereafter. Every
latrine shall be under cover and so partitioned off as to secure privacy, and
shall have a proper door and fastenings.
1. Where workers of both sexes are employed there shall be displayed
outside each block of latrine and urinal a notice in the language
understood by the majority of the workers "For Men Only" or "For
Women Only", as the case may be.
2. The notice shall also bear the figure of a male or of a woman, as the
case may be. There shall be at least one urinal for male workers up to
50 and one for female workers up to 50 employed at a time:
PROVIDED that where the number of male or female workmen, as the case
may be, exceeds 500 it shall be sufficient if there is one urinal for every 50
males or females up to the first 500 and one for every 100 or part thereof
thereafter.

1 The latrines and urinals shall be conveniently situated and accessible

to workers at all times at the establishment.
2 (i) The latrines and urinals shall be adequately lighted and shall be
maintained in a clean and sanitary condition at all times. NOTES
(ii) Latrines and urinals other than those connected with a flush sewage
system shall comply with the requirements of the public health
authorities.
Water shall be provided by the means of tap or otherwise so as to be
conveniently accessible in or near the latrine and urinals.
Washing facilities:
1. In every establishment coming within the scope of the Act adequate
and suitable facilities for washing shall be provided and maintained
for the use of contract labor employed therein.
2. Separate and adequate screening facilities shall be provided for the use
of male and female workers.
3. Such facilities shall be conveniently accessible and shall be kept in
clean and hygienic condition.
first-aid facilities:
In every establishment coming within the scope of the Act there shall be
provided and maintained so as to be readily accessible during all working
hours first-aid boxes at the rate of not less than one box for 150 contract
labor or part thereof ordinarily employed.
1. The first-aid box shall be distinctively marked with a red cross on a
white ground and shall contain the following equipment namely:
a. For establishments in which the number of contract labor
employed does not exceed fifty-Each First-Aid Box shall contain
the following equipments
i. 6 small sterilized dressings;
ii. 3 medium-size sterilized dressings;
iii. 3 large-size sterilized dressings;
iv. 3 large sterilized burn dressings;
v. 1 (30 ml) bottle containing a two per cent alcoholic solution
of iodine;

vi. 1 (30 ml) bottle containing salvolatile having the dose and
mode of administration indicated on the label;
vii. 1 snake-bite lancet;
NOTES
viii. 1 (30 gms) bottle of potassium permanganate crystals;
ix. 1 pair scissors;
x. 1 copy of the First-Aid leaflet issued by the Director-General,
Factory Advice Service and Labor Institutes, Government of
India;
xi. a bottle containing 100 tablets (each of 5 grains) of aspirin;
xii. ointment for burns;
xiii. a. bottle of suitable surgical anti-septic solution.
b. For establishments in which the number of contract labor
exceeds fifty-Each First-Aid Box shall contain the
following equipment, -
i. 12 small sterilized dressings;
ii. 6 medium-size sterilized dressings;
iii. 6 large-size sterilized dressings;
iv. 6 large-size sterilized burn dressings;
v. 6 (15 gms) packets sterilized cotton wool;
vi. 1 (60 ml) bottle containing a two per cent alcoholic
solution of iodine;
vii. 1 (60 ml) bottle containing salvolatile having the
dose and mode of administration indicated on the
label;
viii.1 roll of adhesive plaster;
ix. a snake-bite lancet
x. 1 (30 gms) bottle of potassium permanganate
crystals;
xi. 1 pair scissors;
xii. 1 copy of the First-Aid leaflet issued by the Director-
General, Factory Advice Service and Labor Institute,
Government of India;
xiii. a bottle containing 100 tablets (each of 5 grains) of
aspirin;

xiv. ointment for bums;

xv. a bottle of a suitable surgical anti-septic solution.
NOTES
2. Adequate arrangement shall be made for immediate recoupment of the
equipment when necessary.Nothing except the prescribed contents
shall be kept in the First-Aid Box.
The First-Aid Box shall be kept in charge of a responsible person who
shall always be readily available during the working hours of the
establishment. A person in charge of the First-Aid Box shall be a person
trained in First-Aid treatment, in establishments where the number of
contract labor employed is 150 or more.
Liability of principal employer in certain cases:

If any amenity required to be provided under section 16, section 17, section
18 or section 19 for the benefit of the contract labour employed in an
establishment is not provided by the contractor within the time prescribed
therefor, such amenity shall be provided by the principal employer within
such time as may be prescribed. –
1. If any amenity required to be provided under section 16, section 17,

section 18 or section 19 for the benefit of the contract labour employed
in an establishment is not provided by the contractor within the time
prescribed therefor, such amenity shall be provided by the principal
employer within such time as may be prescribed."
2. All expenses incurred by the principal employer in providing the

amenity may be recovered by the principal employer from the
contractor either by deduction from any amount payable to the
contractor under any contract or as a debt payable by the contractor.

Offences And Penalties:

Offences Penalties
NOTES (1) Obstructing an inspector while Imprisonment upto 3 months, or
making inspection, inquiry or fine uptoRs. 500 or both.
investigation, or failure to produce
registers or documents before an
inspector for inspection.
(2) Employing contract labour in Imprisonment upto 3 months or

contravention of the provisions of the fine uptoRs. 1000 or both. In case
Act or violating any condition of the of a continuing offence, additional
registration certificate or license.2 fine uptoRs. 100 per day.3
(3) Contravention of any other Imprisonment upto 3. months or

provision of the Act or the rules made fine uptoRs. 1000 or both.
there under.
Note : In relation to offences by companies, firms, association of persons

or body corporate, its director, partner, or principal officer responsible for
the conduct of its affairs, as the case may be shall be deemed guilty of such
offence and punished accordingly.

Questions
1 Explain the provisions of the Contract Labour (Regulation and NOTES

Abolition) Act, 1970 relating to welfare and health of contract labour.
2 State the procedure for prohibiting contract labour in any

establishment.
3 How may contract labour system in any establishment be abolished

and by whom?
4. Write note on:

a. Principal employer
b. contractor

UNIT - 8
CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986
NOTES
SYNOPSIS:
2 Prohibition of employment of children in certain occupation and
processes
3 Regulation of condition of work of children
4 Penalties
5 Conclusion
Objectives:
Child Labour Act, 1986, prohibits the engagement of children in certain
occupations and processes, which are considered unsafe and harmful to
child workers who ate of tender age, and aims at regulating the conditions
of work of children in certain other employments.
Scope And Coverage:

The Act extends to the whole of India. It repealed the earlier Act on child
labour known as the Employment of Children Act, 1938. The Child Labour
Act of 1986 applies to all establishments and workshops wherein any
industrial process is carried on (excluding one covered under section 67 of
the Factories Act, 1948).
Who is a Child labour:

Under the Act, 'Child' means a person who has not completed his fourteenth
year of age.Sec.2 (ii). Any such person engaged for wages, whether in cash
or kind, is a child worker.
Disputes as to Age:
If any dispute arises as to the age of any child who is employed or is
permitted to work in an establishment, the same shall be referred by the
Inspector in the absence of a certificate of age of such child, for decision to
the prescribed medical authority. Section 10, The 'prescribed medical
authority' shall be a Government medical doctor not below the, rank of an
Child Labour (prohibition and Regulation) Act, 1986 124

Assistant Surgeon 01 a District or a regular doctor of equivalent rank

employed in ESI dispensary hospital.
NOTES
Definitions-[Section-2]:
In this Act, unless the context otherwise requires-
i. "appropriate Government" means, in relation to an establishment under
the control of the Central Government or a railway administration or
a major port or a mine or oilfield, the Central Government, and in all
other cases, the State Government;
ii. "Child" means a person who has not completed his fourteenth year of
age;
iii. "Day" means a period of twenty-four hours beginning at mid-night;
iv. "Establishment" includes a shop, commercial establishment, workshop,
farm, residential hotel, restaurant, eating house, theatre or other place
of public amusement or entertainment;
v. "Family", in relation to an occupier, means the individual, the wife or
husband, as the case may be, of such individual, and their children,
brother or sister of such individual;
vi. "Occupier", in relation to an establishment or a workshop, means the
person who has the ultimate control over the affairs of the
establishment or workshop;
vii. "Port Authority" means any authority administering a port;
viii. "Prescribed" means prescribed by rules made under section 18;
ix. "Week" means a period of seven days beginning at midnight on
Saturday night or such other night as may be approved in writing for
a particular area by the Inspector;
x. "Workshop" means any premises (including the precincts thereof)
wherein any industrial process is carried on, but does not include any
premises to which the provisions of section 67 of the Factories Act,
1948 (63 of 1948), for the time being, apply.
Prohibition of employment of children in certain occupations and

processes-[Section 3]:
No child shall be employed or permitted to work in any of the occupations
set forth in Part A of the Schedule or in any workshop wherein any of the
processes set forth in Part B of the Schedule is carried on: Provided that

nothing in this section shall apply to any workshop wherein any process is
carried on by the occupier with the aid of his family or to any school
established by, or receiving assistance or recognition from, Government.
NOTES The occupations listed in Part A of the schedule are:
Any occupation connected with-
i. Transport of passengers, goods or mails by railway,
ii. Cinder picking, clearing of an ash pit or building operation in the
railway premises,
iii. Work in a catering establishment at a railway station, involving the
movement 'Of a vendor or any other employee of the establishment
from one platform to another or into or out of a moving train,
iv. Work relating to the construction of a railway station or with any other
work which is done in close proximity to or between the railway lines,
v. A port authority within the limits of any port,
vi. Work relating to selling of crackers and fireworks in shops with
temporary licences, and
vii. Abattoirs! Slaughter Houses.
The processes specified in Part B of the schedule are:

1 Bidi -making
2 Carpet -weaving
3 Cement manufacture including bagging thereof
4 Cloth printing, dyeing and weaving
5 Manufacture of matches explosives and fire works.
6 Mica-cutting and splitting
7 Shellac manufacture
8 Soap manufacture
9 Tanning
10 Wool-cleaning
11 Building and construction industry
12 Manufacture of slate pencils (including packing)
13 Manufacture of products from agate, and
14 Manufacturing processes using toxic metals and substances such as

lead, mercury, manganese, chromium, cadmium, benzene pesticides

and asbestos.
15 Hazardous processes' as defined in section 2(cb) and 'dangerous
operations' as notified in rules made under section 87 of the Factories NOTES
Act, 1948
16 Printing as defined in section 2(k)(iv) of the Factories Act, 1948.
17 Cashew and cashew-nut decaling and processing.
18 Soldering processes in electronic industries.
Power to amend the Schedule-[Section 4]:

The Central Government, after giving by notification in the Official Gazette,
not less than three months notice of its intention so to do, may, by like
notification, add any occupation or process to the Schedule and thereupon
the Schedule shall be deemed to have been amended accordingly.
Child Labour Technical Advisory Committee-[Section 5]:

1 The Central Government may, by notification in the Official Gazette,
constitute an advisory committee to be called the Child Labour
Technical Advisory Committee (hereafter in this section referred to as
the 3 Committee) to advise the Central Government for the purpose of
addition of occupations and processes to the Schedule.
2 The Committee shall consist of a Chairman and such other members
not exceeding ten, as may be appointed by the Central Government.
3 The Committee shall meet as often as it may consider necessary and
shall have power to regulate its own procedure.
4 The Committee may, if it deems it necessary so to do, constitute one
or more sub-committees and may appoint to any such sub-committee,
whether generally or for the consideration of any particular matter, any
person who is not a member of the Committee.
5 The term of office, of the manner of filling casual vacancies in the
office of, and the allowances, if any, payable to, the Chairman and other
members of the Committee, and the conditions and restrictions subject
to which the Committee may appoint any person who is not a member
of the Committee as a member of any of its subcommittees shall be
such as may be prescribed.

Regulation Of Conditions Of Work Of Children

Application Of Part-[Section 6]:
NOTES The provisions of this Part shall apply to an establishment or a class of
establishments in which none of the occupations or processes referred to in
section 3 is carried on.
Hours and period of work-[Section 7]:

1. No child shall be required or permitted to work in any establishment
in excess of such number of hours as may be prescribed for such
establishment or class of establishments.
2. The period of work on each day shall be so fixed that no period shall
exceed three hours and that no child shall work for more than three
hours before he has had an interval for rest for at least one hour.
3. The period of work of a child shall be so arranged that inclusive of his
interval for rest, under sub-section (2), it shall not be spread over more
than six hours, including the time spent in waiting for work on any day.
4. No child shall be permitted or required to work between 7 p.m. and 8
a.m.
5. No child shall be required or permitted to work overtime.
6. No child shall be required or permitted to work in any establishment
on any day on which he has already been working in another
establishment.
Weekly holidays:
Every child employed in an establishment shall be allowed in each week, a
holiday of one whole day, which day shall be specified by the occupier in
a notice permanently exhibited in a conspicuous place in the establishment
and the day so specified shall not be altered by the occupier more than once
in three months.
Notice to Inspector:
1. Every occupier in relation to an establishment in which a child was
employed or permitted to work immediately before the date of
commencement of this Act in relation to such establishment shall,
within a period of thirty days from such commencement, send to the
Inspector within whose local limits the establishment is situated, a

written notice containing the following particulars, namely:--

a. the name and situation of the establishment; 161
b. the name of the person in actual management of the NOTES
establishment;
c. the address to which communications relating to the
establishment should be sent; and
d. the nature of the occupation or process carried on in the
establishment.
2. Every occupier, in relation to an establishment, who employs, or
permits to work, any child after the date of commencement of this Act
in relation to such establishment, shall, within a period of thirty days
from the date of such employment, send to the Inspector within whose
local limits the establishment is situated, a written notice containing
the particulars as are mentioned in sub-section (1).
Explanation--For the purposes of sub-sections (1) and (2), "date of
commencement of this Act, in relation to an establishment" means the
date of bringing into force of this Act in relation to such establishment.
3. Nothing in sections 7, 8 and 9 shall apply to any establishment wherein
any process is carried on by the occupier with the aid of his family or
to any school established by, or receiving assistance or recognition
from, Government.
Disputes as to age:
If any question arises between an Inspector and an occupier as to the age
of any child who is employed or is permitted to work by him in an
establishment, the question shall, in the absence of a certificate as to the
age of such child granted by the prescribed medical authority, be referred
by the Inspector for decision to the prescribed medical authority.
Maintenance of register : There shall be maintained by every occupier in
respect of children employed or permitted to work in any establishment, a
register to be available for inspection by an Inspector at all times during
working hours or when work is being carried on in any such establishment,
showing—
a. the name and date of birth of every child so employed or permitted to
work;
b. hours and periods of work of any such child and the intervals of rest to
which he is entitled;

c. the nature of work of any such child; and

d. such other particulars as may be prescribed.
NOTES
Display of notice containing abstract of sections 3 and 14:
Every railway administration, every port authority and every occupier shall
cause to be displayed in a conspicuous and accessible place at every station
on its railway or within the limits of a port or at the place of work, as the
case may be, a notice in the local language and in the English language
containing an abstract of sections 3 and 14.
Health and safety.—

1 The appropriate Government may, by notification in the Official
Gazette, make rules for the health and safety of the children employed
or permitted to work in any establishment or class of establishments.
2. Without prejudice to the generality of the foregoing provisions, the said
rules may provide for all or any of the following matters, namely:--
a. cleanliness in the place of work and its freedom from nuisance;
b. disposal of wastes and effluents;
c. ventilation and temperature;
d. dust and fume;
e. artificial humidification;
f. lighting;
g. drinking water;
h. latrine and urinals;
i. spittoons;
j. fencing of machinery;
k. work at or near machinery in motion;
l. employment of children on dangerous machines;
m. instructions, training and supervision in relation to employment
of children on dangerous machines;
n. device for cutting off power;
o. self-acting machines;
p. easing of new machinery;
q. floor, stairs and means of access
r. pits, sumps, openings in floors, etc.;
s. excessive weights;

t. protection of eyes
u. explosive or inflammable dust, gas, etc.;
v. precautions in case of fire;
NOTES
w. maintenance of buildings; and
x. safety of buildings and machinery. PART IV
Obligations of Employers:
1 The employer will notify the Inspector in case he employs a child in
his establishment, within 30 days from the date of such employment.
Sec.9 (2)
2 The employer shall maintain a register in respect of children employed
or permitted to work in his establishment and make it available for
inspection by an inspector. These registers will show-
i. name and date of birth of each child worker engaged by him or
working in his establishment,
ii. hours and period of work and rest interval of each such child, and
iii. the nature of work of every such child.Sec.11
3. A notice in the local language and in English, containing an abstract
of sections 3 and 14 of the Act, shall be displayed at every railway
station, port or establishment, by Its occupier. Sec. 12
Offences And Penalties:

Offences Penalties
1. Employing any child or permitting Imprisonment for atleast 3 months
any child to work in violation of the which may extend to one year, or
provisions of section 3 of the Act. fine of not less than Rs. 10,000
Sec.14(1) which may be increased to Rs.
20,000, or both.
2. Repeating the offence after Imprisonment for not less than 6
conviction under section 3.Sec.14(2) months which may be extended to
two years
3. Failure to give notice under section Simple imprisonment which may
9, or failure to maintain register as extend to one month, or fine up to.
prescribed under section 11, or failure Rs. 10,000 or both.
to display a notice as required uls12,
or failure to comply with or
contravention 0 any other provision.
Sec. 14(3)

Questions
NOTES 1. Discuss in brief the provisions of Child Labour (Prohibition and

Regulation) Act 1986 regarding the following
a. Weekly holidays
b. Hours and period of work
c. Maintenance of registered and display of notice
2. Explain the provisions relating to health and safety
3. Write a note on:

a. Child labour
b. Technical advisory committee

UNIT - 9
THE MOTOR TRANSPORT WORKER’S ACT, 1988
NOTES
SYNOPSIS
1 Introduction
2 Registration of motor transport undertakings
3 Inspecting staff and their powers
4 Welfare and health provisions
6 Conclusion
Objectives:
The Act aims to provide for the welfare of motor transport Workers and to
regulate the conditions of their work. Scope and Coverage The Act extends
to the whole of India. It came into force on or before 31.3.1962, in all the
States and Union Territories, except Jammu and Kashmir where it came
into force from September 1, 1971.Sec.1
Important Definitions:
Motor transport undertaking mans a motor transport undertaking engaged
in carrying passengers or goods, or both, by road, for hire or reward, and
includes a private carrier.Sec.2 (g).
Motor transport worker:

Means a person who is employed in a motor transport undertaking directly
or through an agency, whether for wages or not, to work in a professional
rapacity on a transport vehicle or to attend to duties in connection with the
arrival, departure, loading or unloading of such transport vehicle and
includes a driver, conductor, cleaner, station staff, line checking staff,
booking clerk, cash clerk, depot clerk, timekeeper, watchman or attendant,
but except in section 8 does not include
i. any such person who is employed in a factory as defined in the
Factories Act, 1948, and
ii. any such person to whom the provision of any law for the time being
in force regulating the conditions of service of persons employed in
The Motor Transport Worker’s Act, 1988 133

shops or commercial establishments apply.Sec.2(h)
NOTES Motor Transport Undertakings Covered:

The Act applies to every motor transport undertaking employing 5 or more
motor transport workers. The State Govts.are however empowered to apply
all or any of the provisions of the Act to any motor transport undertaking
employing less than 5 workers. Sec. 1 (4)
Exemptions:
The Act shall, however, not apply to or in relation to any transport vehicle
i. used for the transport of sick or injured persons;
ii. used for any purpose connected with the security of India, or the
security of a State, or the maintenance of public order, except where
State Government specifically applies the provisions of the Act or the
rules to any class of motor transport workers or any class of
employers.Sec.38
Registration Of Motor Transport Undertakings Registration Of Motor

Transport Undertaking-[Section 4]:
1 Every employer of a motor transport undertaking to which this Act
applies shall have the undertaking registered under this Act.
2 An application for the registration of a motor transport undertaking
shall be made by the employer to the prescribed authority in such form
and within such time as may be prescribed.
3 Where a motor transport undertaking is registered under this Act, there
shall be issued to the employer a certificate of registration containing
such particulars as may be prescribed.
Inspecting Staff
Chief Inspector And Inspectors-[Section 4]:
1. the State Government may, by notification in the Official Gazette,
appoint for the State a duly qualified person to be the chief inspector
and as many duly qualified persons to be inspectors subordinate to the
chief inspector as it thinks fit.
2. The chief inspector may declare the local limits within which
inspectors shall exercise their powers under this Act, and may himself

exercise the powers of an inspector within such local limits as maybe

assigned to him by the State Government.
3. The Chief inspector and all inspectors shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code (45 NOTES
of 1860).
Powers of the inspectors-[Section 5]:

1. Subject to such conditions and restrictions as the State Government
may by general or special order impose, the chief inspector or an
inspector may-
a. make such examination and inquiry as he thinks fit in order to
ascertain whether the provisions of this Act or rules made
thereunder are being observed in the case of any motor transport
undertaking, and for that purpose require the driver of a transport
vehicle to cause the transport vehicle to stop and remain stationary
so long as may reasonably be necessary;
b. with such assistance, if any, as he thinks fit, enter, inspect and
search any premises which he has reason to believe is under use
or occupation of any motor transport undertaking at any
reasonable time for the purpose of carrying out the objects of the
Act;
c. examine any motor transport worker employed in a motor
transport undertaking or require the production of any register or
other document maintained in pursuance of this Act, and take on
the spot or otherwise statements of any person which he may
consider necessary for carrying out the purposes of this Act;
d. seize or take copy of such registers or documents or portions
thereof as he may consider relevant in respect of an offence under
this Act which he has reason to believe has been committed by an
employer;
e. exercise such other powers as may be prescribed; Provided that
no person shall be compelled under this sub-section to answer any
question or make any statement tending to incriminate himself.
2. The provisions of the Code of criminal Procedure, 1898 (5 of 1898),

shall, so far as may be, apply to any search or seizure under this section
as they apply to any search or seizure made under the authority of a
warrant issued under section 98 of the said Code.

facilities to be afforded to inspectors-[Section 6]:

Every employer shall afford the chief inspector and an inspector all
reasonable facilities for making any entry, inspection, examination or
NOTES inquiry under this Act.
Certifying surgeons-[Section 7]:

1. The State Government may appoint qualified medical practitioners to
be certifying surgeons for the purposes of this act within such local
limits or for such motor transport undertakings or class of motor
transport undertakings as it may assign to them respectively.
2. The certifying surgeon shall perform such duties as may be prescribed
in connection with-
a. the examination and certification of motor transport workers;
b. the exercise of such medical supervision as may be prescribed
where adolescents are, or are to be, employed as motor transport
workers in any work in any motor transport undertaking which is
likely to cause injury to their health.
Welfare And Health Provisions:

a. Canteens:
In every motor transport undertaking wherein one hundred motor
transport workers, or more, are employed, one or more canteens shall
be provided and maintained by the employer for the use of the motor
transport workers in accordance with the rules made in this
behalf.Sec.8
b. Rest rooms:
In every place wherein motor transport workers employed in a motor
transport undertaking are required to halt at night there shall be
provided and maintained by the employer such number of rest rooms
or such other suitable alternative accommodation as may be prescribed.
The rest rooms shall be sufficiently lighted and ventilated and shall be
maintained in a clean and comfortable condition. Sec.9
c. Uniforms:
Pie employer of a motor transport undertaking shall provide to the
driver;), conductors and line checking staff employed in that
undertaking such number and type of uniforms, raincoats or other like
amenities for their protection from rain or cold, as may be specified in

the Rules. Besides, the employer shall pay an allowance for wa3hing
of uniforms at the prescribed rates or shall make at his own cost,
adequate arrangements for the washing of uniforms. Sec.10
d. Medical facilities: NOTES
The employers shall provide and maintain medical facilities as may be
readily available for the workers at such operating centers and halting
stations as may be prescribed. Besides, a first aid box equipped with
the prescribed contents is required to be maintained by the employers
in every transport vehicle and kept in charge of the driver or the
conductor of the vehicle who shall be trained in the use thereof. Sec.11
& 12
First-aid facilities
1 There shall be provided and maintained by the employer so as to be
readily accessible during all working hours a first –aid box equipped
with the prescribed contents in every transport vehicle.
2 Nothing except the prescribed contents shall be kept in a first-aid box.
3 The first-aid box shall be kept in the charge of the driver or the
conductor of the transport vehicle who shall be provided facilities for
training in the use thereof.
Hours Of Works-[Section13, 14, 15, 16 & 17]:

No adult motor transport worker shall be required or allowed to work for
more than eight hours in any day and forty-eight hours in any week, except
where any motor transport worker is engaged-on-notified long distance
routes, or on festive and other occasions the employer may, with the
approval of the prescribed authority, require or allow such motor transport
worker to work for more than eight hours in any day or forty-eight hours in
any week but in no case for more than ten hours in a day and fifty-four
hours in a week as the case may be.
1. The aforesaid limitations shall not apply in case of break-downs or
dislocation of transport service, or interruption of traffic, or act of God.
2. An adult worker shall be allowed a rest interval of atleast half an hour
after he has worked for a period not exceeding five hours.
3. An adolescent (i.e., a person who has completed his 14th year of age
but has not completed 18th year) motor transport worker shall not be
employed or required to work (a) for more than 6 hours a day including
rest interval of half-an-hour, and (b) between 10 p.m. and 6 a.m.
4. The hours of work inclusive of rest interval, shall not spread over, more

than 12 hours on any day in the case of adult workers and 9 hours in
the case of adolescent workers. The hours of work cannot be split into
more than two spells on any day.
NOTES
Weekly Rest-[Section 19 & 20]:
A rest day in a period of seven days is to be allowed to all motor transport
workers. But in order to prevent dislocation in any motor transport service,
an employer may require any worker to work on a day of rest which is not
holiday. However, it is to be ensured that no worker does work for more
than 10 days consecutively without an intervening day of rest. A worker
who has been deprived of a rest day shall be entitled to equal number of
compensatory days of rest, within two months.
Employment Of Young Persons

Prohibition Of Employment Of Children-[Section 21]:
No child shall be required or allowed to work in any capacity in any motor
transport undertaking.
Adolescents employed as motor transport workers to carry tokens-

[Section 22]:
No adolescent shall be required or allowed to work as a motor transport
worker in any motor transport undertaking unless--(a) a certificate of fitness
granted with reference to him under section 23 is in the custody of the
employer; and (b) such adolescent carries with him while he is at work a
token giving a reference to such certificate.
Certificate of fitness-[Section 23]:

1. A certifying surgeon shall, on the application of any adolescent or his
parent or guardian accompanied by a document signed by the employer
or any other person on his behalf that such person will be employed as
a motor transport worker in a motor transport undertaking if certified
to be fit for that work, or on the application of the employer or any
other person on his behalf with reference to any adolescent intending
to work, examine such person and ascertain his fitness for work as a
motor transport worker.
2. A certificate of fitness granted under this section shall be valid for a
period of twelve months from the date thereof, but may be renewed.

3. Any fee payable for a certificate under this section shall be paid by the
employer and shall not be recoverable from the adolescent, his parent
or guardian.
NOTES
Power to require medical examination-[Section 24]:
Where an inspector is of opinion that a motor transport worker working in
any motor transport undertaking without a certificate of fitness is an
adolescent, the inspector may serve on the employer a notice requiring that
such adolescent motor transport worker shall be examined by a certifying
surgeon and such adolescent motor transport worker shall not, if the
inspector so directs, be employed or permitted to work in any motor
transport undertaking until he has been so examine and has been granted a
certificate of fitness under section 23.
Wages And Leave-[Section 25]:

Act 4 of 1936 to apply to payment of wages to motor transport workers.--
The payment of Wages Act, 1936, as in force for the time being, shall apply
to motor transport workers engaged in a motor transport undertaking as it
applies to wages payable in an industrial establishment as if the said Act
had been extended to the payment of wages of such motor transport workers
by a notification of the State Government under sub-section (5) of section
I thereof, and as if a motor transport undertaking were and industrial
establishment within the meaning of the said Act. 9
Extra wages for overtime-[Section 26]:

1. Where an adult motor transport worker works for more than eight hours
in any day in any case referred to in the first provision to section 13 or
where he is required to work on any day of rest under sub-section (2)
of section 19, he shall be entitled to wages at the rate of twice his
ordinary rate of wages in respect of the overtime work or the work done
on the day of rest, as the case may be.
2. Where an adult motor transport worker works for more than eight hours
in any day in any case referred to in the second proviso to section 13,
he shall be entitled to wages in respect of the overtime work at such
rates as may be prescribed.
3. Where an adolescent motor transport worker is required to work on
any day of rest under subsection (2) of sub-section 19, he shall be
entitled to wages at the rate of twice his ordinary rate of wages in

respect of the work done on the day of rest.

4. For the purposes of this section, “ordinary rate of wages” in relation to
a motor transport worker means his basic wages plus dearness
NOTES allowance.
Annual leave with wages-[Section 27]:

Without prejudice to such holidays as may be prescribed, every motor
transport worker who has worked for a period of two hundred and forty
days or more in a motor transport undertaking during a calendar year shall
be allowed during the subsequent calendar year leave with wages for a
number of days calculated at the rate of –
a. if an adult, one day for every twenty days of work performed by him
during the previous calendar year; and
b. if an adolescent, one day for every fifteen days of work performed by
him during the previous calendar year.
1. A motor transport worker whose service commences otherwise
than on the first day of January shall be entitled to leave with
wages at the rate laid down in clause (a) or, as the case may be,
clause (b) of sub-section (1) if he has worked for two-thirds of the
total number of days in the remainder of the calendar year.
2. If a motor transport worker is discharged or dismissed from
service during the course of the year, he shall be entitled to leave
with wages at the rate laid down in sub-section (1), even if he has
not worked for the entire period specified in sub-section (1) or
sub-section (2), entitling him to earned leave. 2 In calculating
leave under this section, fraction of leave of half a day or more
shall be treated as one full day’s leave, and fraction of less than
half a day shall be omitted.
3. If a motor transport worker does not in any one calendar year take
the whole of the leave allowed to him under sub-section (1) or
sub-section (2), as the case may be, any leave not taken by him
shall be added to the leave to be allowed to him in the succeeding
calendar year: Provided that the total number of days of leave that
may be carried forward to a succeeding year shall not exceed thirty
in the case of an adult or forty in the case of an adolescent.
4 In this section “calendar year” means the year commencing on the
first day of January.
Explanation : For the purposes of this section, leave shall not include

weekly holidays or holidays for festival or other similar occasions whether

occurring during or at either end of the period of leave.
NOTES
Wages during leave period-[Section 28]:
For the leave allowed to a motor transport worker under section 27, he shall
be paid at the rate equal to the daily average of his total full time wages for
the days on which he worked during the moth immediately preceding his
leave, exclusive of any overtime earnings and bonus, if any, but inclusive
of dearness allowance and the cash equivalent of the advantage, if any,
accruing by the concessional supply by the employer of food grains for the
day on which he worked.
1 A motor transport worker who has been allowed leave for not less than
four days under section 27 shall, on an application made by him in this
behalf to the employer, be paid in advance, before his leave begins, an
approximate amount equivalent to the wages payable to him for the
period of his leave and any amount so paid shall be adjusted against
the wages due to him for the aforesaid period of leave.
2 If a motor transport worker is not granted leave to which he is entitled
under sub-section (3) of section 27, he shall be paid wages in lieu
thereof at the rate specified in sub-section (1).
Penalties And Procedure

Obstructions-[Section 29]:
1 Whoever obstructs an inspector in the discharge of his duties under this
Act or refuses or willfully neglects to affords the inspector any
reasonable facility for making any inspection, examination or inquiry
authorised by or under this Act in relation to any motor transport
undertaking shall be punishable with imprisonment for a term which
may extend to three months, or with fine which may extend to five
hundred rupees, or with both.
2 Whoever wilfully refuses to produce on the demand of a inspector any
register or other document kept in pursuance of this Act, or prevents
or attempts to prevent or does anything which he has reason to believe
is likely to prevent any person from appearing before or being
examined by an inspector acting in pursuance of his duties under this
Act, shall be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to five hundred
rupees, or with both.

Use of false certificate of fitness-[Section 30]:

Whoever knowingly uses or attempts to use as a certificate of fitness
granted to himself under section 23 a certificate granted to another person
NOTES under that section, or having been granted a certificate of fitness to himself,
knowingly allows it to be used, or an attempt to use it to be made, by
another person, shall be punishable with imprisonment which may extend
to one month, or with fine which may extend to fifty rupees, or with both.
Contravention of provisions regarding employment of motor transport

workers-[Section 31]:
Whoever, except as otherwise permitted by or under this Act, contravenes
any provision of this Act or of any rules made there under, prohibiting,
restricting or regulating the employment of persons in a motor transport
undertaking, shall be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to five hundred
rupees, or with both, and in the case of a continuing contravention with an
additional fine which may extend to seventy-five rupees for every day
during which such contravention continues after conviction for the first
such contravention.
Other offences-[Section 32]:

Whoever willfully disobeys any direction lawfully given by any person or
authority empowered under this Act to give such direction or contravenes
any of the provisions of this Act or of any rules made there under for which
no other penalty is elsewhere provided by or under this Act shall be
punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred rupees, or with both.
Enhanced penalty after previous conviction-[Section 33]:

If any person who has been convicted of any offence punishable under this
Act is again guilty of an offence involving a contravention of the same
provision, he shall be punishable on a subsequent conviction with
imprisonment which may extend to six months, or with fine which may
extend to one thousand rupees, or with both:
Provided that for the purposes of this section no cognizance shall be taken
of any conviction made more than two years before the commission of the
offence which is being punished.

Offences by companies-[Section 34]:

1 If the person committing an offence under this Act is a company, the
company as well as every person in charge of, and responsible to, the
company for the conduct of its business at the time of the commission NOTES
of the offence shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly: Provided that
nothing contained in this sub-section shall render any such person
liable to any punishment if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent
the commission of such offence.
2 Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or that the commission of the offence is attributable to
any neglect on the part of any director, manager, managing agent or
any other officer of the company, such director, manager, managing
agent or such other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.
Explanation-For the purposes of this section-

a. “Company” means anybody corporate and includes a firm or other
association of individuals; and 11
b. “Director”, in relation to a firm, means a partner in the firm.
Cognizance of offences-[Section 35]:

No court shall take cognizance of an offence punishable under this Act
unless the complaint made by, or with previous sanction in writing of, the
inspector and no court inferior to that of a Presidency magistrate or a
magistrate of the first class shall try any offence punishable under this Act.
Limitation of prosecutions-[Section 36]:

No court shall take cognizance of an offence punishable under this Act
unless the complaint thereof is made within three months from the date on
which the alleged commission of the offence came to the knowledge of an
inspector; Provided that where the offence consists of disobeying a written
order made by an inspector, complaint thereof may be made within six
months of the date on which the offence is alleged to have been committed.

Offences And Penalties-[Section 29 To 33]:

Offences Penalties
NOTES 1. Obstruction to Inspectors Imprisonment up to 3 month or fine
up to Rs. 500/-or both."
2. Use of a false certificate of fitness. Imprisonment upto one month, or
fine uptoRs. 50, or both.
3. Contravention of any provision of Imprisonment upto 3 months, or
this Act or Rules, made there under. fire uptoRs. 5001-, or both.

Questions
1 Explain the provisions relating to welfare and health of Motor NOTES

Transport Workers.
2 Explain the provisions relating to registration of Motor Transport

Undertaking.
3 Explain the provisions relating to employment of young person.
4 Elaborate the provisions relating to hours and limitation of

employment.
5 Write a note on:

a. Motor transport worker
b. Hours of work

Reference Book
NOTES 1 Kothari G.L.: Labour laws and practices.
2 Srivastava G.L.: Collective Bargaining and labour management

relation in India.
3 V.P. Arya: Strikes, lockouts and gheraos: Laws and practice.
4 Memoria and Doshi: Labour problems and social welfare in India.
5 Malik, J.N.: Law of workmen's compensation in India.
6 Gupta B. L.: Employees' Stato Insurance Act.
7 Gupta B.L.: The Employees' Provident Fund Act.
8 Misra: Labour and Industrial Law.
9 G.L. Kothari: Wages, D.A. and Bonus.
10 R. B. Sethi: Payment of Wages and Minimum Wages Act.

NOTES
Self-instructional Material 147

NOTES

NOTES

Legislation Affecting Conditions of Work

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Legislation Affecting Conditions of Work

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BHARATI VIDYAPEETH DEEMED UNIVERSITY, PUNE

School of Distance Education

DIPLOMA IN LABOUR LAW &

“Only for Private Circulation”

“Only for Private Circulation”

SR. NO. NAME DESIGNATION ORGANIZATION

1 Dr.S.B.Sawant Director BVDU, SDE, Pune

Chanakya National Law

4 Dr. Ujwala Bendale Asst. Professor BVDU, NLC, Pune

5 Dr. Sapna Deo Asst. Professor BVDU, NLC, Pune

Former District Judge &

7 Dr. Rajendra Anbhule Advocate on Record Supreme Court of India

8 Prof. U.S.Dive Senior Lecturer BVDU, NLC, Pune

9 Dr. Adish Agarwala Member Bar Council of Delhi

COURSE SUBJECT FACULTY

DLL & DL Legislations Affecting Prof. U.S. Dive

Dr. Jyoti S. Dharm

Prof. Anisa Shaikh

Prof. Tanzima Contractor

SR. NO. TOPIC PAGE NO.

UNIT - 1 fACTORIES ACT, 1948 1 - 40

UNIT - 2 PLANTATIONS LABOUR ACT, 1951 41 - 51

UNIT - 3 DOCK WORKERS (REGULATION Of EMPLOYMENT)

UNIT - 4 MINES ACT, 1952 61 - 71

UNIT - 5 MINES AND MINERALS (REGULATIONS AND 72 - 79

Objects Of The Act:

Factories Act, 1948 1

“Only for Private Circulation”

ii) Whereon twenty or more workers are working, or were working on

The following have been held to be factories:

Factories Act, 1948 2

“Only for Private Circulation”

“Manufacturing Process”-[Section 2 (k)] means any process for –

Factories Act, 1948 3

“Only for Private Circulation”

iv. composing types for printing, printing by letter press, lithography,

“Hazardous Process”-[Section 2 (cb)]:

Different departments to be separate factories or two or more factories

Factories Act, 1948 4

“Only for Private Circulation”

Chief Inspector of Factories. However, mere replacement or addition of any

Grant of Approval (Section 6(2):

Registration/ License and Notice by Occupier: Section 6 and 7:

Factories Act, 1948 5

“Only for Private Circulation”

Grant and Renewal of Licence:

Notice of Change of Manager-[Section 7 (4)] :

General Duties as to Health, Safety and Welfare of Workers-[Section 7

Factories Act, 1948 6

“Only for Private Circulation”

General Duties as regards Articles and Substances for use in factories-

Factories Act, 1948 7

“Only for Private Circulation”

treatment and disposal of wastes and effluents and maintaining proper

Factories Act, 1948 8

“Only for Private Circulation”

i. every moving part of a prime-mover and every fiywheel

Factories Act, 1948 9

“Only for Private Circulation”

2. The State Government may by rules prescribe such further precautions

Work on or near machinery in motion-[Section 22]:

Factories Act, 1948 10

“Only for Private Circulation”