THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
Vol. 134]
Jammu, Thu., the 1st April, 2021/11th Chai., 1943.
[ No. 1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART
I-A— Appointments, promotions, transfers and leave
of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART
II-A– Appointments, promotions, transfers and leave
of
absence
sanctioned
by
Heads
of
Departments ....
PART
II- B– Notifications, Notices and Orders by Heads of
Departments, Provincial Heads, Magistrates and
other officers competent to issue public notices
under any law or rule ....
PART
II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department, Election Petitions and Judgements
of Election Tribunal
....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette or
Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts
....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
2-8
1-14
1-2
1-8
1-2
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PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
(Exercising powers of Bar Council under Section 58 of the Advocates
Act, 1961).
Notification
No. 584 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Shahroze Ahmad Mir S/o Ab. Samad Mir R/o Kawarhama,
Aastan Mohalla, Tangmarg, Baramulla vide Notification No. 880 dated
17-10-2018 for a period of one year has been extended till 31-12-2021
after condonation of delay and subject to the verification of his
Certificates/LL.B Degree from the concerned University and verification
of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 585 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Rakesh Manhas S/o Prem Singh R/o Marog, Tehsil and
District Ramban vide Notification No. 108 dated 07-04-2017 for a period
of one year has been extended till 31-12-2021 after condonation of delay
and subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
No. 1]
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The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 586 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Avish Sharma S/o Chander Mohan Sharma R/o H.
No. 4, Marble Enclave Trikuta Nagar, Jammu vide Notification No. 317
dated 31-05-2014 for a period of one year has been extended till
31-12-2021 after condonation of delay and subject to the verification
of his Certificates/LL.B Degree from the concerned University and
verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 587 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Sahil Bharti S/o Joginder Pal Damathia R/o Village
Mandlial, P/O Ramgarh, District Samba vide Notification No. 570 dated
02-08-2016 for a period of one year has been extended till 31-12-2021
after condonation of delay and subject to the verification of his
Certificates/LL.B Degree from the concerned University and verification
of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
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Notification
No. 588 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Ms. Meghal Khanna D/o Kulbhushan Khanna R/o H.
No. 219, Channi Himmat, Thangerpully, Jammu vide Notification
No. 954 dated 14-02-2017 for a period of one year has been extended
till 31-12-2021 after condonation of delay and subject to the verification
of her Certificates/LL.B Degree from the concerned University and
verification of her character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 589 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Ms. Priyanka Thakur D/o Sher Singh R/o Village Bhullari,
Tehsil Bani, District Kathua A/P Billawar, District Kathua vide
Notification No. 557 dated 02-08-2016 for a period of one year has been
extended till 31-12-2021 after condonation of delay and subject to the
verification of her Certificates/LL.B Degree from the concerned
University and verification of her character and antecedents from the
CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 590 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Dushant Kumar Sharma S/o Amrit Lal R/o Village
Pangrain Ghambir Brahmana, Manjakote, Rajouri A/P Ward No. 13,
No. 1]
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5
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Talwal, Rajouri vide Notification No. 1113 dated 17-03-2016 for a period
of one year has been extended till 30-06-2021 after condonation of delay
and subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 591 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Ms. Shah Sami Ullah D/o Mehraj-ud-Din Shah R/o Sempora,
Pantha Chowk, Srinagar vide Notification No. 930 dated 26-11-2011 for
a period of one year has been extended till 31-12-2021 after condonation
of delay and subject to the verification of her Certificates/LL.B Degree
from the concerned University and verification of her character and
antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 592 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Syed Faisl Gillani S/o Syed Teesa Shah Gillani R/o
Syedabad, Basgran, Uri Baramulla A/P Mandir Bagh Opp. Vikram Hotel,
Srinagar vide Notification No. 863 dated 17-10-2018 for a period of one
year has been extended till 31-12-2021 after condonation of delay and
subject to the verification of his Certificates/LL.B Degree from the
concerned University and verification of his character and antecedents
from the CID.
6
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[ No. 1
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The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 593 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Syed Mohmad Abbas S/o Syed Yousuf R/o Wahapora,
Nagpora, Budgam vide Notification No. 1053 dated 24-03-2017 for a
period of one year has been extended till 31-12-2021 after condonation
of delay and subject to the verification of his Certificates/LL.B Degree
from the concerned University and verification of his character and
antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 594 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Yawer Mubarik Peerzada S/o Mohamad Mubarik Peerzada
R
/o Barzulla, Panjigam, Bandipora vide Notification No. 1863 dated
15-03-2018 for a period of one year has been extended till 31-12-2021
after condonation of delay and subject to the verification of his
Certificates/LL.B Degree from the concerned University and verification
of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
No. 1]
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7
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––––––––
Notification
No. 595 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Soney Kumar S/o Ishwar Lal R/o Shuppi, Khankote,
P/O Mohalla, District Doda vide Notification No. 917 dated 13-02-2017
for a period of one year has been extended till 31-12-2021 after
condonation of delay and subject to the verification of his Certificates/
LL.B Degree from the concerned University and verification of his
character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 596 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Ms. Khalida Jabeen Gorsi D/o Wazir Hussain R/o Saim Samat,
P/O Nerojal, Rajouri vide Notification No. 944 dated 14-02-2017 for
a period of one year has been extended till 31-12-2021 after condonation
of delay and subject to the verification of her Certificates/LL.B Degree
from the concerned University and verification of her character and
antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 597 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
8
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favour of Mr. Muzammil Mohmood S/o Sheikh Mahmood R/o H.
No. 127, Sector-6, Channi Himmat, Jammu vide Notification No. 957
dated 14-02-2017 for a period of one year has been extended till
31-12-2021 after condonation of delay and subject to the verification
of his Certificates/LL.B Degree from the concerned University and
verification of his character and antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
––––––––
Notification
No. 598 Dated 19-12-2020.
Provisional admission granted under Advocates Act, 1961 in
favour of Mr. Kapil Sharma S/o Thuru Ram Sharma R/o W. No. 16,
Shiva Nagar, Kathua vide Notification No. 945 dated 14-02-2017 for
a period of one year has been extended till 31-12-2021 after condonation
of delay and subject to the verification of his Certificates/LL.B Degree
from the concerned University and verification of his character and
antecedents from the CID.
The renewal/extension of provisional licence/enrollment must be
sought before the date of expiry unless the absolute/final enrollment as
an Advocate is ordered therebefore.
By order.
( S
d
. ) MOHAMMAD YASIN BEIGH,
Registrar (Adm.).
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Thu., the 1st April, 2021/11th Chai., 1943. [ No. 1
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 164-Rev (LAJ) of 2020
Dated 22-06-2020.
Whereas, the land, specifications whereof are given below is required
for public purposes viz. for widening of National Highway situated in Village
Dhalwas, Tehsil and District Ramban ;
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban
Ramban
Dhalwas
1028
00-05
Whereas, on the basis of an indent placed by Project Director, National
Highway (PIU) Jammu, a notification under section 4 (1) was issued by
Collector, Land Acquisition (ADC), Ramban vide No. 155-64/ ACQ/NHAI
2 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
[No. 1
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dated 25-01-2018 for land measuring 05 Marlas in Village Dhalwas, Tehsil
and District Ramban for widening of National Highway ;
Whereas, the Collector, Land Acquisition (ADC), Ramban vide
No. CLA/NH-44/2020/1752 dated 12-02-2020 has reported that the
notification issued under section 4 (1) of the J&K State Land Acquisition
Act by him was served upon the interested persons for filing objections, if
any, to the proposed acquisition, but no objection was received from the
land owners/interested persons within the prescribed period as required
under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition
(ADC), Ramban vide letter referred to above duly endorsed by District
Collector, Land Acquisition (DC), Ramban vide No. DC/LA/Rbn/613-14
dated 19-02-2020, Divisional Commissioner, Jammu vide No. 502/4158/NH/
Dhalwas/Rbn/20/4462 dated 24-02-2020 and Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5203/2020 dated 14-05-2020
has been examined and it has been found that the land owners did not file
any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for widening of National
Highway situated in Village Dhalwas, Tehsil and District Ramban.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
05 Marlas in Village Dhalwas, Tehsil and District Ramban for widening of
National Highway. Further, the Collector, Land Acquisition (ADC), Ramban
is directed under section 7 of the said Act to take orders for acquisition of
the said land after giving prescribed notice to the interested person (s) as
required under the Land Acquisition Act/Rules.
Further, in pursuance of section 17 of the Land Acquisition Act, Samvat
1990, it is also ordered that on expiry of fifteen days from the publication of
the notification under section 9 (2) of the said Act, the Collector will take
possession of the aforementioned land in Village Dhalwas, Tehsil and District
Ramban, required for public purposes, subject to fulfillment of the conditions
prescribed under section 9 (2) and section 17-A of the Land Acquisition Act
and Rule 63 of the Land Acquisition Rules.
No. 1] The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
3
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However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 63-Rev (LAJ) of 2020
Dated 27-05-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of Chari to Sewail road under
PMGSY, situated in Village Sail Sallan, Tehsil and District Udhampur ;
Whereas, on the basis of an indent placed by Executive Engineer,
PMGSY Division, Udhampur, a notification under section 4 (1) was issued by
Collector, Land Acquisition (ACR), Udhampur, vide No. ACRU/SQ/4706-14
dated 16-03-2019 for land measuring 10 Kanals 07 Marlas and 04 Sarsai
situated in Village Sail Sallan, Tehsil and District Udhampur for construction
of Chari to Sewail road under PMGSY ;
Whereas, the Collector, Land Acquisition (ACR), Udhampur vide
No. ACRU/SQ/3279 dated 21-09-2019 has reported that the notification issued
under section 4 (1) of the J&K State Land Acquisition Act by him was served
upon the interested persons for filing objections, if any, to the proposed
acquisition, but no objection was received from the land owners/interested
persons within the prescribed period as required under sections 5 & 5-A
of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Udhampur, vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Udhampur vide No. DCU/SQ/3529-31 dated
01-10-2019, Divisional Commissioner, Jammu vide No. 502/3737/PMGSY/
Sail Sallan/Udhampur/19/2653 dated 29-10-2019 and Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5151/2020 dated 6-03-2020 has
4 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
[No. 1
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been examined and it has been found that the land owners did not file any
objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of Chari to
Sewail road under PMGSY situated in Village Sail Sallan, Tehsil and District
Udhampur.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 10 Kanals
07 Marlas and 04 Sarsai situated in Village Sail Sallan, Tehsil and District
Udhampur for construction of Chari to Sewail road under PMGSY. Further,
the Collector, Land Acquisition (ACR), Udhampur is directed under section 7
of the said Act to take orders for acquisition of the said land after giving
prescribed notice to the interested person (s) as required under the Land
Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of lands involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/ rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to the Government,
Revenue Department.
–––––
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
Kind of Soil
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
———————————————————————————————
K. M. S.
Udhampur
Udhampur
Sail Sallan
961
00-03-07
P. Asmani
973
00-07-02
B. Hail
976
00-10-00
B. Hail
977
00-02-00
G. M.
No. 1] The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
981
01-03-00
W. Changi
982
01-03-07
Hail
992
00-09-06
Hail
993
00-12-00
Hail
994
00-06-00
W. Changi
995
00-08-00
W. Changi
996
00-08-06
W. Changi
997
00-15-08
Hail
999
00-09-03
BQ
1041
01-13-00
GM
1048
01-08-00
GM
958
00-07-01
GM
––––––––
Total
10-07-04
––––––––
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 62-Rev (LAJ) of 2020
Dated 27-05-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of PMGSY road from
Battal Ballian to Loundana situated in Village Dandyal, Tehsil and District
Udhampur ;
Whereas, on the basis of an indent placed by Executive Engineer,
PMGSY Division, Udhampur, a notification under section 4 (1) was issued
by Collector, Land Acquisition, Railway (ACR), Udhampur vide No. ACRU/
SQ/4385-93 dated 22-01-2015 read with corrigendum vide No. ACRU/
SQ/3352-60 dated 14-12-2015 and vide No. ACRU/SQ/1988-96
dated 10-09-2018 for land measuring 09 Kanals 07 Marlas and 02 Sarsai
1
2
3
4
5
6
———————————————————————————————
K. M. S.
6 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
[No. 1
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situated in Village Dandyal, Tehsil and District Udhampur for construction of
Battal Ballian to Loundana road under PMGSY ;
Whereas, the Collector, Land Acquisition (ACR), Udhampur vide
No. ACRU/SQ/1524 dated 31-07-2019 has reported that the notification issued
under section 4 (1) of the J&K State Land Acquisition Act by him was served
upon the interested persons for filing objections, if any, to the proposed
acquisition, but no objection was received from the land owners/interested
persons within the prescribed period as required under sections 5 & 5-A of
the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Udhampur vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Udhampur vide No. DCU/SQ/3406-08 dated
25-09-2019, Divisional Commissioner, Jammu vide No. 502/3735/PMGSY/
Dandyal/Udhampur/19/2619 dated 29-10-2019 and Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5151/2020 dated 6-03-2020 has
been examined and it has been found that the land owners did not file any
objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of
Battal Ballian to Loundena road under PMGSY situated in Village Dandyal,
Tehsil and District Udhampur.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 09 Kanals
07 Marlas and 02 Sarsai situated in Village Dandyal, Tehsil and District
Udhampur for construction of Battal Ballian to Loundana road under PMGSY.
Further, the Collector, Land Acquisition (ACR), Udhampur is directed under
section 7 of the said Act to take orders for acquisition of the said land after
giving prescribed notice to the interested person (s) as required under the
Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of lands involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/ rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
–––––
No. 1] The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
7
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
Kind of Soil
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
———————————————————————————————
K. M. S.
Udhampur
Udhampur
Dandyal
18 min
00-15-00
W. Changi
19
00-01-01
23
00-05-01
50
00-06-06
52
00-08-06
56
00-03-00
70
00-02-01
71
00-04-00
72
00-14-00
73
00-09-03
82
00-10-06
84
00-02-02
88
00-06-06
141
00-00-06
142
00-01-03
143
00-05-05
144
00-05-00
145
01-06-00
8 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
[No. 1
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178
00-00-06
179
00-02-02
205
00-01-00
206
00-10-06
211
00-05-03
214
01-13-03
214 min
00-00-03
150 min
00-00-07
218 min
00-01-08
219 min
00-02-02
160 min
00-01-06
––––––––
Total
09-07-02
––––––––
————
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 160-Rev (LAJ) of 2020
Dated 16-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A" to
this notification is required for construction of road namely L027-Kadetar to
Baggan Phase-X Pkg No. JK0784 under PMGSY situated in Village Najote,
Tehsil Lohai Malhar, District Kathua ;
Whereas, on the basis of an indent placed by Executive Engineer,
PMGSY Division, Billawar, a notification under section 4 (1) was issued by
Collector, Land Acquisition (ADC), Billawar vide No. ADC/Blr/2018-19/
120-28 dated 07-04-2018 for land measuring 36 Kanals and 11½ Marlas in
Village Najote, Tehsil Lohai Malhar, and District Kathua for construction of
L027-Kadetar to Baggan Phase-X Pkg No. JK0784 road under PMGSY ;
Whereas, the Collector, Land Acquisition (ADC), Billawar vide
No. ADC/Blr/2018-19/478 dated 14-05-2018 and ADC/Blr/2019-20/240
dated 23-10-2019 has reported that the notification issued under section 4 (1)
1
2
3
4
5
6
———————————————————————————————
K. M. S.
No. 1] The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
9
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
of the J&K State Land Acquisition Act by him was served upon the interested
persons for filing objections, if any, to the proposed acquisition, but no objection
was received from the land owners/interested persons within the prescribed
period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ADC),
Billawar, vide letter referred to above duly endorsed by District Collector,
Land Acquisition (DC), Kathua vide No. DCK/LA/2019-20/1710-15 dated
29-10-2019, Divisional Commissioner, Jammu vide No. 502/3956/PMGSY/
Najote/Kathua/19/4105 dated 27-12-2019 and Financial Commissioner,
Revenue, J&K Jammu vide No. FC-LS/LA-5145/2020 dated 10-03-2020
has been examined and It has been found that the land owners did not file any
objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of
L027-Kadetar to Baggan Phase-X Pkg No. JK0784 road under PMGSY.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 36 Kanals
and 11½ Marlas in Village Najote, Tehsil Lohai Malhar and District Kathua
for construction of L027-Kadetar to Baggan Phase-X Pkg No. JK0784 road
under PMGSY. Further, the Collector, Land Acquisition (ADC), Billawar is
directed under section 7 of the said Act to take orders for acquisition of the
said land after giving prescribed notice to the interested person (s) as required
under the Land Acquisition Act/Rules.
However, the Collector, concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
–––––––
10 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
[No. 1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
———————————————————————————————
K. M.
Kathua
Lohai-Malhar
Najote
781/1/2 min
30-00
781/1/2 Min
00-08
782/1/2 Min
01-00
2 Min
01-05
2 Min
00-02
3 Min
00-05.5
3 Min
00-18
3 Min
01-05
4 Min
01-09
5 Min
00-04
———
Total
36-11.5
————
—————
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 213-Rev (LAJ) of 2020
Dated 24-06-2020.
Whereas, the land, specifications whereof are given in Annexure-"A"
to this notification is required for construction of PWD road from Gulmana
Parsholla to Bridege at Sheva Dal situated in Village Parsholla, Tehsil Mohalla,
District Doda ;
No. 1] The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
11
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, on the basis of an indent placed by Executive Engineer, PWD
(R&B), Division Doda, a notification under section 4 (1) was issued by
Collector, Land Acquisition (ACR), Doda, vide letter No. 67-73/Acq dated
18-04-2016 for land measuring 19 Kanals, 10 Marlas in Village Parsholla,
Tehsil Mohalla, District Doda for construction of PWD road from Gulmana
Parsholla to Bridge at Sheva Dal ;
Whereas, the Collector, Land Acquisition (ACR), Doda vide letter
No. 1263-68/Acq dated 10-10-2019 has reported that the notification issued
under section 4 (1) of the J&K State Land Acquisition Act by him was served
upon the interested persons for filing objections, if any, to the proposed
acquisition, but no objection was received from the land owners/interested
persons within the prescribed period as required under sections 5 & 5-A of
the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Doda vide letter referred to above duly endorsed by District Collector, Land
Acquisition (DC), Doda vide No. 435/LAC/D/19 dated 15-10-2019, Divisional
Commissioner, Jammu vide No. 502/3837/PWD/Parsolla/D/19/2661 dated
30-10-2019 and Financial Commissioner, Revenue, J&K Jammu vide
No. FC-LS/LA-5161/2020 dated 15-05-2020 has been examined and it has
been found that the land owners did not file any objection to the proposed
acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of PWD
road from Gulmana Parsholla to Bridge at Shiva Dal.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 19 Kanals,
10 Marlas in Village Parsholla, Tehsil Mohalla, District Doda for construction
of PWD road from Gulmana Parsholla to Bridge at Sheva Dal. Further, the
Collector, Land Acquisition (ACR), Doda is directed under section 7 of the
said Act to take orders for acquisition of the said land after giving prescribed
notice to the interested person (s) as required under the Land Acquisition
Act/Rules.
However, the Collector, concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
12 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
[No. 1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
persons/rightful claimants, in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
–––––––
Annexure-A
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
—————————————————————————————
K. M.
Doda
Mohalla
Parsholla
548 Min
00-18
548 Min
00-04
548 Min
00-03
548 Min
00-05
548 Min
00-11
548 Min
00-11
548 min
00-16
513
00-09
514
01-17
548 min
00-08
515
00-17
548 min
00-11
525
01-00
548
00-10
526
01-19
548 min
00-11
548 min
00-07
1171/532
01-05
548 min
00-08
1172/532
01-09
548 min
00-13
No. 1] The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
548 min
01-07
548 min
02-13
548 min
00-05
——––––
Total
19-10
——––––
––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 214-Rev (LAJ) of 2020
Dated 24-06-2020.
Whereas, the land, specifications whereof are given below to this
notification is required for construction of PWD road from Seri Morh to
Breswana situated in Village Cherote, Tehsil Gundna, District Doda ;
Particulars of the land
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Doda
Gundna
Cherote
196
01-09
Whereas, on the basis of an indent placed by Executive Enqineer, PWD
(R&B) Division, Doda, a notification under section 4 (1) was issued by
Collector, Land Acquisition (ACR), Doda, vide letter No. 1150-56/Acq dated
03-10-2019 for land measuring 01 Kanal, 09 Marlas in Village Cherote,
Tehsil Gundna, District Doda for construction of PWD road from Seri Morh
to Breswana ;
Whereas, the Collector, Land Acquisition (ACR), Doda vide letter
No. 1551-56/Acq dated 19-10-2019 has reported that the notification issued
under section 4 (1) of the J&K State Land Acquisition Act by him was served
upon the interested persons for filing objections, if any, to the proposed
acquisition, but no objection was received from the land owners/interested
persons within the prescribed period as required under sections 5 & 5-A of
the Land Acquisition Act ;
1
2
3
4
5
———————————————————————————————
K. M.
14 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943.
[No. 1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, the report furnished by Collector, Land Acquisition (ACR),
Doda vide letter referred to above duly endorsed by District Collector, Land
Acquisition (DC), Doda vide No. 507/LAC/D/19 dated 21-10-2019, Divisional
Commissioner, Jammu vide No. 502/3828/PWD/Cherote/D/19/2645 dated
29-10-2019 and Financial Commissioner, Revenue, J&K Jammu vide
No. FC-LS/LA-5161/2020 dated 15-05-2020 has been examined and it has
been found that the land owners did mot file any objection to the proposed
acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of PWD
road from Seri Morh to Breswana.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring 01 Kanal,
09 Marlas in Village Cherote, Tehsil Gundna, District Doda for construction
of PWD road from Seri Morh to Breswana. Further, the Collector, Land
Acquisition (ACR), Doda is directed under section 7 of the said Act to take
orders for acquisition of the said land after giving prescribed notice to the
interested person (s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of lands involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants, in accordance with the relevant laws/ rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Thu., the 1st April, 2021/11th Chai., 1943. [ No. 1
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II––A
Orders by Heads of Departments.
––––––
CHARGE REPORTS
Subject :—Handing over and taking over the charge of Chief Executive
Officer, Jammu Smart City Limited.
————
In compliance to the Government Order No. 245-JK(GAD) of 2021
dated 16-03-2021 and No. 246-JK(GAD) of 2021 dated 16-03-2021 issued
by the General Administration Department, J&K Government, Jammu, we
the undersigned have handed over and taken over the charge of the post of
Chief Executive Officer, Jammu Smart City Limited today on 18-03-2021
afternoon.
(Sd.) SUSHMA CHAUHAN, IAS,
Chief Executive Officer,
Jammu Smart City Limited.
Relieved Officer.
(Sd.) AVNY LAVASA, IAS,
Chief Executive Officer,
Jammu Smart City Limited.
Relieving Officer.
————
2 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943. [No. 1
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Certified that we have in the afternoon of this day respectively
made over and received charge of the Office of Chief Medical Officer,
Health and Family Welfare, Doda along with cash balance lying in
Account No. CD-509 of Jammu and Kashmir Bank, Branch Ex-Doda as
on 31-11-2020 A. N. of Rs. 95/- (Rupees Ninty-five) only last entry made
in the cash book as well as drawal register.
The closing balance as on 30-11-2020 A. N. as per cash book and a
per bank statement is Rs. 95/- (Rupees Ninety-five) only.
Memo of the balance for which responsibility is accepted by the Officer
Receiving Charge.
Permanent Advance : Rs. 95/- (Rupees Ninety-five) only.
Station : Doda.
Dated : 01-12-2020.
(Sd.) ......................
Chief Medical Officer,
Health and Family Welfare, Doda.
Relieved Officer.
(Sd.) .....................
Chief Medical Officer,
Health and Family Welfare, Doda.
Relieving Officer.
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE OF INDUSTRIES AND COMMERCE
(REGISTRAR OF SOCIETIES/FIRMS, JAMMU),
1ST FLOOR, UDYOG BHAWAN, RAIL HEAD COMPLEX,
JAMMU.
Notice
It is notified for the information of General Public that “M/s Bhatia
Builders and Contractors” located at 33 D/C, Gandhi Nagar, Jammu, J&K
has applied for recording changes in the constitution of their firm under
section 63 of “The Partnership Act, 1932”, whereby (1) Sh. Pawan Bhatia
S/o Sh. Jagdish C. Bhatia R/o 33 D/C, Gandhi Nagar, has joined the
partnership firm, as new partner on 01-01-2017. Before, the changes are
recorded in the posting register of the Registrar of Firms, Jammu any person/
persons having any objections shall file the same within 10 days from the
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 134] Jammu, Thu., the 1st April, 2021/11th Chai., 1943. [ No.1
Separate paging is given to this part in order that it may be filed as a
separate compilation.
PART II—B
Notifications, Notices and Orders by the Heads of Departments.
———–
2 The J&K Official. Gazette, 1st April, 2021/11th Chai., 1943. [No. 1
date of publication of this notice in the Office of Registrar of Firms,
Directorate of Industries and Commerce, 1st Floor, Udyog Bhawan, Rail
Head Complex, Jammu.
(Sd.)
......................
For Registrar of Firms,
J&K Govt., Jammu.
———
GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS,
DEPARTMENT OF JAMMU, KASHMIR AND LADAKH AFFAIRS
(C&S SECTION).
North Block, New Dehi
18th February, 2021.
ORDER
The following IPS Officers of J&K Cadre are hereby promoted to
DGP Grade (Level-16 on the Pay Matrix) with effect from the date mentioned
against their name :—
Sl.
Name of Officers
Date of Promotion
No.
—————————————————————————————
1.
Shri R.R. Swain, IPS (J&K : 1991)
w. e. f. 1-1-2021
2.
Shri A. K. Choudhary, IPS (J&K : 1991)
w. e. f. 1-1-2021
2.
This issues with the approval of Competent Authority.
(Sd.) PANKAJ AWASTHI,
Under Secretary to Govt. of India.
————
No. 1] The J&K Official. Gazette, 1st April, 2021/11th Chai., 1943. 3
GOVERNMENT OF JAMMU AND KASHMIR,
MINISTRY UNDER REHABILITATION, OFFICE OF DEPUTY
CUSTODIAN, EVACUEE PROPERTY, RAJOURI.
Notification
In the pursuance of section 9A of the Jammu and Kashmir State
Evacuees (Administration of Property) Act VI of 2006, the Deputy Custodian
is pleased to notify for general information the list of evacuees properties in
the specified schedule annexed hereto, which have vested in him.
Schedule
S. No.
Description
Location
————————————————————————————
1
2
3
————————————————————————————
01.
1. One house consisting 04 rooms veranda
Village Dabber
measuring 25*.04** x 43*.07**, Kitchen
Potha, Tehsil
13*.09** x 14*.04**, Bath room 08* x 12*
Nowshara,
and Cowshed 33* x 31*.07** illegally
District Rajouri.
constructed by Mohd Rafiq S/o Mohd
Hussain on the evacuee land covered
under Kh. No. 366 belonging to Evacuee
Gh. Mohd and Ors.
2. One house consisting 06 rooms
measuring 25*.06** x 59**, Kitchen
11*.04** x 10*.04**, illegally constructed
by M. Rasid S/o Mohd Hussain on the
evacuee land covered under Kh. No. 366
belonging to Evacuee Gh. Mohd and
others.
3. One house consisting 04 rooms, Kitchen
and Lobby measuring 36*.05** x 27*
Bathroom 10*.09** x 07* and Kacha
Cowshed 22*.06** x 29*.06** illegally
constructed by Sh. Mohd. Farooq
S/o Mohd Hussain on the evacuee land
4 The J&K Official. Gazette, 1st April, 2021/11th Chai., 1943. [No. 1
covered under Kh. No. 366
belonging to Evacuee Gh. Mohd and
others.
(Sd.) MOHAMMAD IQBAL HAJI,
Deputy Custodian,
Evacuee Property, Rajouri.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
MINISTRY UNDER REHABILITATION, OFFICE OF DEPUTY
CUSTODIAN, EVACUEE PROPERTY, RAJOURI.
Notification
In the pursuance of section 09A of the J&K State Evacuees
(Administration of Property) Act VI of 2006, the Deputy Custodian is pleased
to notify for general information the list of evacuees properties in the specified
schedule annexed hereto, which have vested in him.
Schedule
S. No.
Description
Location
————————————————————————————
01.
1. One house consisting of 02 rooms
Village Dabber
measuring 32*.06** x 12*.09**, 06 rooms
Potha, Tehsil
48*x 24*, Cowshed Kacha
Nowshara,
17*.06* x 46*, Bath Room 5* x 5*, illegally
District Rajouri.
constructed by Sh. Gh. Rubani S/o Ch.
Kaku on the evacuee land covered under
the Kh. No. 376, Kh. No. 376 belonging
to evacuee Alim Din and Ors.
2. One house consist 02 rooms measuring
33* .08*x 15*.06**, Kitchen 11*.07**x 12*.03**
and Cowshed 20*x 16* illegally constructed
No. 1] The J&K Official. Gazette, 1st April, 2021/11th Chai., 1943. 5
by Sh. Irfan S/o Ch. Kalu on the evacuee
land covered under Kh. No. 366 belonging
to evacuee Alim Din and Ors.
3. One house consisting 03 rooms and Lobby
Measuring 27*.10 x 36*, Bath room 14*x 13.06**
and Cowsheds 26* x 15*.06** and 12*.06** x
13*.06* illegally constructed by the Sh. Mohd
Ashrif S/o Ch. Kalu evacuee land covered
under Kh. No. 376 belonging to Evacuee
Alim Din and Ors.
(Sd.) MOHAMMAD IQBAL HAJI,
Deputy Custodian,
Evacuee Property, Rajouri.
———–
GOVERNMENT OF JAMMU AND KASHMIR
MINISTRY UNDER REHABILITATION, OFFICE OF DEPUTY
CUSTODIAN EVACUEE PROPERTY, RAJOURI.
In the pursuance of section 09A of the J&K State Evacuees
(Administration of Property) Act VI of 2006, the Deputy Custodian is pleased
to notify for general information the list of evacuees properties in the specified
schedule annexed hereto, which have vested in him.
Schedule
S. No.
Description
Location
————————————————————————————
1 2 3
—————————————————————————————
01.
1. One Masjid Sharief illegaly construction
Village Dabber
on the evacuee land Measuring 06 Marla
Potha, Tehsil
including open vacant land belonging to
Nowshara,
*
6 The J&K Official. Gazette, 1st April, 2021/11th Chai., 1943. [No. 1
Gh. Mohd and Ors. on covered under
District Rajouri.
Kh. No. 366.
(Sd.) MOHAMMAD IQBAL HAJI,
Deputy Custodian,
Evacuee Property Rajouri.
———–
GOVERNMENT OF JAMMU AND KASHMIR
MINISTRY UNDER REHABILITATION OFFICE OF DEPUTY
CUSTODIAN EVACUEE PROPERTY RAJOURI.
Notification
In the pursuance of section 09A of the J & K State Evacuees
(Administration of Property) Act VI of 2006, the Deputy Custodian is pleased
to notify for general information the list of evacuees properties in the specified
scheduled annexed hereto, which have vested in him.
Scheduled
S. No.
Description
Location
————————————————————————————
1
2
3
————————————————————————————
01.
1. Two houses consisting 03 rooms,
Village Dabber
varanda measuring 41*.09** x
Potha, Tehsil
33*.09* and 04 rooms, kitchen and
Nowshara,
lobby measuring 47*.02** x 27*.07**
District, Rajouri.
bath room 7*.06** x 10*.04** and
kitchen tin roped 09*x10*.10** illegally
constructed by the Ab. Majeed S/o
Mohd Hussain on the evacuee land
covered under Kh. No. 366 belonging
to Gh. Mohd (Evacuee).
2. One house consisting illegally 03 rooms
with lobby measuring 27*.10** x 35*.06**,
Bath room 5*x 6*, Kitchen 16* x 23* and
Cowshed 23*.06**x 40*.04** illegally
1 2 3
—————————————————————————————
No. 1] The J&K Official. Gazette, 1st April, 2021/11th Chai., 1943. 7
GOVERNMENT OF JAMMU AND KASHMIR,
MINISTRY UNDER REHABILITATION, OFFICE OF DEPUTY
CUSTODIAN, EVACUEE PROPERTY, RAJOURI.
Notification
In the pursuance of section 09A of the J&K State Evacuees
(Administration of Property) Act VI of 2006, the Deputy Custodian is pleased
to notify for general information the list of evacuees properties in the specified
schedule annexed hereto, which have vested in him.
Schedule
S. No.
Description
Location
————————————————————————————
1. One house consisting of 04 rooms,
Village Dabber
lobby and bathroom measuring
Potha, Tehsil
27*.09** x 38* (without roof) illegally
Nowshara,
constructed by Sh. Mohd Rashid S/o
District Rajouri.
Mohd Hussain on evacuee land covered
under Kh. No. 375 belonging to Alim
Din and Ors. Evacuee.
(Sd.) MOHAMMAD IQBAL HAJI,
Deputy Custodian,
Evacuee Property, Rajouri.
———–
constructed by the Sh. Shabir Mohd S/o
Mohd Hussain on the evacuee land
covered under Kh. No. 366 belonging
to Evacuee Gh. Mohd and Others.
(Sd.) MOHAMMAD IQBAL HAJI,
Deputy Custodian,
Evacuee Property, Rajouri.
———–
8 The J&K Official. Gazette, 1st April, 2021/11th Chai., 1943. [No. 1
Notice
I, Vandna Rani and Manmohan Singh Jamwal R/o H. No. 628, Ashok
Nagar, Satwari, Jammu want to correct parentage in birth certificate bearing
Regd. No. 9429 of our daughter namely Sehar Jamwal which has wrongly
been entered as Vandana and Manmohan Singh. The correct name are
Vandna Rani (Mother) and Manmohan Singh Jamwal (Father). Now applying
for correction. Objection if any may be conveyed to concerned authorities.
It is certified that I have complied with other legal requirements
in this connection.
Vandna Rani W/o Manmohan Singh Jamwal,
R/o H. No. 628, Ashok Nagar, Satwari, Jammu.
Notice
No Legal responsibility is accepted for the publication of
Advertisements/Public Notices in this Part of the Official Gazette of UT
of J&K. Persons notifying the Advertisements/Public Notices will
remain solely, responsible for the legal consequences and also for any
other misrepresentation etc.
By Order.
General Manager,
Ranbir Govt. Press, Jammu.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 134] Jammu, Thu., the 1st April, 2021/11th Chai., 1943. [No. 1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C
———
POLICE HEADQUARTERS, JAMMU AND KASHMIR,
JAMMU
(Provision Section).
Extension Notice
Due to administrative reasons, the last of date for submission of
online bids and opening of technical bids against NIT No. 01 of 2021
dated 18-01-2021 floated by this Headquarters for Supply/Installation/
Commissioning of Big Data Repository are re-scheduled as under :—
1.
Last date of receipt of tenders = 24-03-2021 up to 1800 hours.
2.
Date of opening of technical = 26-03-2021 at 1100 hours.
bids
The other terms and conditions of the NIT shall remain the same.
(Sd.) RAYEES MOHAMMAD BHAT (IPS),
AIG (Provision and Transport)
For Director General of Police,
J&K, Jammu.
————
2 The J&K Official Gazette, 1st April, 2021/11th Chai., 1943. [No. 1
–––––––––––––––––––––––––––––––––––––––––––––––––––
JAMMU AND KASHMIR POLICE HEADQUARTERS.
Extension Notice
Due to administrative reasons, last of date and online opening of
e-Tender No. 06 of 2021 dated 01-03-2021 floated by PHQ,
J&K for procurement of Traffic Equipments, are hereby extended
as under :—
i.
Last date for submission of tenders shall be 16-03-2021.
ii.
Opening of technical bids shall be 18-03-2021.
However, other terms and conditions of the e-NIT shall remain
unchanged.
(Sd.) RAYEES MOHAMMAD BHAT (IPS),
AIG (Provision and Transport)
For Director General of Police,
J&K, Jammu.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—LABOUR AND EMPLOYMENT
DEPARTMENT
Notification
Jammu, the 3rd February, 2021.
SO-36.––The following draft rules, which the Government of
Jammu and Kashmir proposes to make in exercise of powers conferred
by sections 133 and 135 of the Occupational Safety, Health and Working
Conditions Code, 2020 (37 of 2020) read with section 24 of General
Clauses Act, 1897 (10 of 1897) and in supersession of the—
1. The Jammu and Kashmir Building and Other Construction
Workers (Regulation of Employment and Condition of
Services) Rules, 2006 ;
2. The Jammu and Kashmir Factories Rules, 1972 ;
3. The Contract Labour (Regulation and Abolition) Jammu and
Kashmir Rules,1972 ;
EXTRAORDINARY
REGD. NO. JK—33
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133]
Jammu, Tue., the 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
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4. The Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Jammu and Kashmir
Rules, 1984 ;
5. The Jammu and Kashmir Motor Transport Workers Rules
1972,
except in respect of things done or omitted to be done before
such supersession, are hereby notified as required by sub-
section (1) of section 133 and sub-section (1) of section
135, for information of all persons likely to be affected
thereby and notice is hereby given that the said draft
notification will be taken into consideration after the expiry
of a period of 45 days from the date on which the copies
of the Official Gazette in which this notification is published
are made available to the public ;
Objections and suggestions, if any, may be addressed
to Commissioner/Secretary to Government, Labour and
Employment Department, Government of Jammu and
Kashmir, Civil Secretariat, Jammu/Srinagar e-mail
[email protected]. The objections and suggestions
should be sent in a proforma containing columns (i)
specifying the name and address of the persons and
organizations and column (ii) specifying the rule or sub-rule
which is proposed to be modified and column (iii) specifying
the revised rule or sub-rule proposed to be submitted and
the reasons therefore ;
Objections and suggestions, which may be received from
any person or organization with respect to the said draft
notification before expiry of a period of 45 days, specified
above, will be considered by the Government of Jammu and
Kashmir.
Draft Rules
CHAPTER I
Preliminary
1. Short title, extent and commencement.—(1) These rules
may be called the Occupational Safety, Health and Working Conditions
(Jammu and Kashmir) Rules, 2021—
(a) They extend to whole territorial jurisdiction of Jammu and
Kashmir ;
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(b) They shall come into force on the date of their final
publication in the Official Gazette.
2. Definitions.—(1) In these rules, unless the context otherwise
requires,—
(a) “Appellate Officer” means the Officer as notified by the
Government of Jammu and Kashmir under section 4 of the
Code ;
(b) “Code” means the Occupational Safety, Health and Working
Conditions Code, 2020 ;
(c) “Section” means the section of the Code ;
(d) “Form” means a form annexed to these rules ;
(e) “Schedule” means a schedule annexed to these rules ;
(f) “Registering Officer” means the registering officer appointed
by the Government of Jammu and Kashmir for purpose of
these rule ;
(g) “Social Security Fund” means Jammu and Kashmir
Social Security Fund established under Social Security Code,
2020 ;
(h) “Board” means the Jammu and Kashmir Occupational,
Safety and Health Advisory Board established/constituted
under section 17 of the Code ;
(i) “Authority” means an Authority designated by Jammu
and Kashmir Government under sub-section (1) of
section 119 ;
(j) “Appellate Authority” means an authority prescribed by the
Government of Jammu and Kashmir under sub-section (6)
of section 119 ;
(k) “Enquiry Officer” means Officer appointed by the Government
of Jammu and Kashmir for holding enquiry under
section 111 of the Code ;
(l) “Compounding Officer” means an officer notified by the
Government of Jammu and Kashmir under section 114 ;
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(m) “Chief Inspector-cum-Facilitator” means Chief Inspector-
cum-Facilitator appointed by the Government of Jammu and
Kashmir under sub-section (5) of section 34 ;
(n) “Inspector-cum-Facilitator” means Inspector-cum-Facilitator
appointed by the Government of Jammu and Kashmir under
sub-section (1) of section 34 of the Code.
(2) The words and expressions used in these rules and are not
defined therein, but are in the Code, shall have respective meaning
assigned to them in the Code.
CHAPTER II
Registration
3. Income from the sources under explanation to clause (x)
of sub-section (1) of section 2.—A member of the family having
income up to rupees five thousand per month from all sources or any
other income notified by the Employees State Insurace Corporation
(ESIC) for the purpose of availing medical benefit under the scheme,
shall be included as dependent for the purpose of these rules.
4. Substance or quantity of substance under clause (zb) of
sub-section (1) of section 2.—For the purpose of this clause,
“hazardous substance” means any substance or such quantity of
substance as specified by the Government of Jammu and Kashmir by
way of notification.
5. Late fee under proviso to sub-section (1) of section 3.—
The registering officer as notified by Jammu and Kashmir Government
shall register any establishment to which this Code applies after expiry
of period prescribed under this Code on payment of late fee at the
rate of 25% per annum of the total fee to be deposited for such
registration with the officer electronically or otherwise along with the
prescribed fee from the time the Code is implemented.
6. The manner of submitting application under sub-
section (2) of section 3 and the form of such application and the
particulars to be contained therein and the fees to be accompanied
here.—(1) The employer seeking registration for an establishment not
already registered shall apply before Registering Officer, electronically
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in Form-I on the Official Portal of Labour Department, Government
of Jammu and Kashmir (www.jklabour.com) by giving details about the
establishment, and uploading documents related to registration of the
establishment, proof of Identity and address of the employer(s) as
specified in the Form. The Form shall be signed digitally or in any other
manner as may be required on the portal. The applicant shall be
responsible for veracity of all information submitted in the application.
(2) The Permanent Account Number (PAN) of the applicant or
the establishment allotted under Income Tax Act, 1961 or any other
unique number allotted to the establishment under any other Act for
the time being in force or any other particular furnished in the form,
may be verified online.
(3) The following fee shall be deposited along with the registration
application electronically on the portal for the registration of
establishments—
(a)
No registration fee shall be charged for the
Nil
establishments already registered under Central
Labour Laws for updation of information
(b)
Establishments employing 10 to 19 workers
Rs. 2000
(c)
Establishments employing 20 to 49 workers
Rs. 3000
(d)
Establishments employing 50 to 99 workers
Rs. 5000
(e)
Establishments employing 100 to 149 workers
Rs. 7000
(f)
Establishments employing 150 to 199 workers
Rs. 10000
(g)
Establishments employing 200 and 499 workers
Rs 15000
(h)
Establishments employing 500 and 999 workers
Rs. 20000
(i)
Establishments employing 1000 and above
Rs. 30000
(4) The certificate of registration shall be issued in Form-II
electronically immediately if the application is complete in all respects
but not later than seven days from the date of submission of complete
application, failing which such establishment shall be deemed to have
been registered and the certificate of registration shall be auto
generated :
Provided that in exceptional circumstances the Government of
Jammu and Kashmir may, for such period, by notification, dispense with
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requirement of electronic registration, in respect of establishment or class
of establishment, or part or whole of Jammu and Kashmir, and
submission of application in the form so provided, may be allowed.
(5) The certificate of registration shall be non-transferable and a
copy of the certificate of registration shall be displayed in the premises
of the establishment at the conspicuous place in hard copy or
electronically.
(6) The registering officer under the Code may direct the employer
who fails to comply with the requirements of sub-rule (1), to do so
within the time stated therein and such employer shall, thereupon comply
with the instructions issued by the officer in this behalf.
(7) The employer in respect of an establishment which commences
its work in Jammu and Kashmir already registered under any other
Central Labour law for the time being in force shall, update the
registration particulars on the Official Portal of Labour Department,
Government of Jammu and Kashmir, within six months from the date
on which the Code comes into force.
(8) Any registration obtained by providing wrong information shall
be liable to be cancelled provided that establishment has been given
an opportunity to show cause, electronically or by registered post, as
to why the certificate of registration should not be cancelled.
(9) The employer shall quote the Registration Number on all
documents prepared or completed by him in connection with the Code
or the Rules or the Regulations or the Scheme, as the case may be,
and in all correspondence with the office concerned.
(10) Any change in the ownership, management or any particular
furnished in Registration Form submitted on the specified portal, shall
be updated on the portal by the employer within thirty days of such
change by submitting an application online in Form-I.
(11) The employer of an establishment to which the provisions
of the Code apply and whose business activities are in process of
closure, may apply for cancellation of registration online on the Official
Portal of Labour Department, Government of Jammu and Kashmir after
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giving complete details of the dues payable under the Central Labour
Codes :
Provided that no such application for cancellation of registration
shall be entertained unless the employer has furnished all statutory
returns, paid all statutory dues under the Central Labour Codes in force
in accordance with the law applicable for the time being and submitted
a self-certification to that effect along with the application.
(12) The registering officer shall maintain a register of establishment
electronically in Form-III showing the particulars of establishment in
relation to which certificates of registration have been issued by him.
(13) The employer shall, within thirty days of the commencement
and completion of any work, intimate to the Inspector-cum-Facilitator,
having jurisdiction in the area where the proposed establishment or as
the case may be, the work is to be executed, intimating the actual
date of the commencement, completion of work and cessation of
establishment, as the case may be, in Form-IV annexed to these rules
electronically and the same shall be auto shared to EPFO and ESIC.
7. Appeal under section 3.—(1) The employer aggrieved by
the order of registering officer, may appeal against such order before
the appellate officer appointed by the Government of Jammu and
Kashmir for such purpose within thirty days from the date of receipt
by him of such order, electronically or otherwise.
(2) Where the memorandum of appeal is in order, the appellate
officer shall admit the appeal, acknowledge it and intimate admission
of such appeal, and shall register the appeal in electronic form to be
kept for the purpose called the register of appeals.
(3) When the appeal has been admitted, the appellate officer shall
send the notice of the appeal to the registering officer, against whose
order the appeal has been preferred and the registering officer shall
thereupon send the records of the case to the appellate officer online
electronically or otherwise.
(4) On receipt of the appeal, the appellate officer shall send a
notice to the appellant to appear before him on such date and time
as may be specified in the notice for the hearing of the appeal
electronically or by registered post.
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(5) If on the date fixed for hearing, the appellant does not appear,
the appellate officer may dismiss the appeal for default of appearance
of the appellants by sending the copy of the order to the applicant
electronically or otherwise.
(6) Where an appeal has been dismissed, the appellant may apply
electronically to the appellate officer for the restoration of the appeal
within thirty days from the date of receipt of the order and if the
appellate officer is satisfied that the appellant was prevented by
sufficient cause from appearing, the appellate officer shall restore the
appeal.
(7) The order of the appellate officer shall be communicated
electronically or by registered post to the appellant and copy thereof
shall be sent to the registering officer against whose order the appeal
has been preferred and shall be disposed of within a period of thirty
days from the date of receipt of appeal.
8. The form and manner of sending the notice and authority
to whom the notice shall be send and the manner of intimating
the authority under sub-section (1) of section 5.—The employer
of every establishment to whom these rules apply shall within thirty
days of the commencement or cessation of operation, submit to the
registering officer in Form-IV, electronically or otherwise and the notice
of cessation of operation shall be enclosed with a certificate that the
payment of all dues to the workers employed in the establishment have
been made and the premises are kept free from storage of hazardous
chemicals and substances.
CHAPTER III
Duties of Employer and Employee
9. Annual health examination or test free of costs, age of
employees or class of employees or establishment or class of
establishments under clause (c) of sub-section (1) of section 6.—
Every employer of factory, building and other construction work and
motor transport undertakings shall arrange to conduct free of cost
medical examination for every worker annually i. e. within 120 days
from the commencement of every calendar year who has completed
45 years of age. The medical examination shall be conducted by a
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qualified medical practitioner as per proforma in Form-V and such
medical certificate shall be submitted to the concerned employer and
employee.
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. The information to be included in the letter of appointment
and the form of such letter under clause (f) of sub-section (1)
of section 6.—No employee shall be employed in any establishment
unless he has been issued a letter of appointment in the prescribed
format as appended to this rule :
Provided that, an employee who has not been issued an appointment
letter containing the required particulars, shall be issued an appointment
letter within three months of coming into force of this rule.
Format
(i) Name of employee :
(ii) Father’s name :
(iii) Aadhar number :
(iv) Labour Identification Number (LIN)/registration number of
the establishment :
(v) Universal Account Number (UAN)/Insurance Number
(ESIC) :
(vi) Designation :
(vii) Category of skill :
(viii) Date of joining :
(ix) Wages, Basic Pay and Dearness Allowance :
(x) Other allowance including accommodation whichever is/are
applicable :
(xi) Avenue for achieving higher wages/higher position :
(xii) Applicability of social security EPFO and ESIC benefits
applicable :
(xiii) Health check-up : Broad Nature of duties to be
performed :
(xiv) Any other information :
Signature
Occupier/employer/owner/agent/manager.
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11. The nature of bodily injury and the manner of notice and
the time within which the notice shall be sent and the authority
to which the notice shall be sent under sub-section (1) of
section 10 and section 11.—(1) Where at any place in an establishment
which is factory, building and other construction work and motor
transport undertaking, an accident occurs which results in the death
of any person, the employer or occupier or manager of the establishment
shall forthwith send a notice thereof in Form-VI electronically or
otherwise and inform by telephone to the Inspector-cum-Facilitator or,
Chief Inspector-cum-Facilitator and District Magistrate, and Competent
Authority as notified by the Jammu and Kashmir Government, under
Social Security Code, 2020 and the family members/kin of the injured
or deceased person.
(2) Where at any place in an establishment which is factory,
building and other construction work, or motor transport undertaking,
an accident occurs which results in bodily injury by reason of which
the person injured is prevented from working for a period of forty eight
hours or more immediately following the accident, the employer or
occupier or manager of the establishment shall forthwith send a notice
in Form-VI within twelve hours after the completion of forty eight hours,
electronically or otherwise to the Inspector-cum-Facilitator.
(3) Wherein an establishment there is any dangerous occurrence
as specified in the schedule annexed hereto, whether causing any bodily
injury or disability or not, a notice in Form-VI shall within twelve hours
be sent to—
a. The Chief Inspector-cum-Facilitator ;
b. District Magistrate ;
c. The Assistant Labour Commissioner having jurisdiction ;
d. The Inspector-cum-Facilitator :
Provided that if in the case of an accident or dangerous occurrence,
death occurs to any person injured by such accident or dangerous
occurrence after the notices and reports referred to in the foregoing
sub-rules have been sent, the employer or occupier or manager of the
establishment shall forthwith send a notice thereof by telephone and
electronically or otherwise to the authorities and persons mentioned in
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sub-rules (1) and (2) and also have this information confirmed in writing
within 12 hours of the death :
Provided further that, if the period of disability from working for
48 hours or more referred to in sub-rule (2) does not occur immediately
following the accident, or the dangerous occurrence, but later, or occurs
in more than one spell, the report referred to shall be sent to the
Inspector-cum-Facilitator in the prescribed form within 24 Hours
following the hours when the actual total period of disability from
working resulting from the accident or the dangerous occurrence
becomes 48 hours.
SCHEDULE
The following classes of dangerous occurrences, whether or not
they are attended by personal injury or disablement, namely :—
(i) Bursting, of any plant or pipeline or equipment containing
petroleum, steam, compressed air or other substance at a
pressure greater than the atmospheric pressure ;
(ii) Collapse or failure of a crane, derrick, winch, hoist or other
appliances used in raising or lowering persons or goods, or
any part thereof, or the overturning of a crane ;
(iii) Explosion, explosion due to explosives, fire, leakage or
release of harmful toxic gases, bursting out, leakage or
escape of any molten metal, or hot liquid or gas causing
bodily injury to any person or damage to any room or place
in which persons are employed ;
(iv) Explosion of a receiver or container used for the storage
at pressure greater than atmospheric pressure of any gas
or gases (including air) or any liquid or solid resulting from
the compression of gas ;
(v) Collapse or failure of lifting appliances or hoist or conveyors
or other similar equipment for handling building or construction
material or breakage or failure of rope, chain or loose
gears, overturning of cranes used in building or other
construction work, falling of objects from height ;
(vi) Collapse of any wall, floor, gallery, roof bridge, tunnel,
chimney, wall, building or subsidence of soil or any other
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structure, platform, staging, scaffolding or any means of
access including formwork, contact work, excavation and
collapse of transmission ;
(vii) Spillage or leakage of hazardous substances and damage
to their container ;
(viii) Collapse, capsizing, toppling or collision of transport equipment
within the establishment ;
(ix) Fall from height of any excavation, loading or transport
machinery ;
(x) An instantaneous failure of a pillar, part of a pillar or
several pillars of coal (i. e., a ‘bump’) in working below
ground ;
(xi) A rock-burst in working belowground; a premature collapse
of any part of the working ;
(xii) A breakage, fracture or failure of an essential part of any
machine or apparatus whereby the safety of persons may
be endangered ;
(xiii) A slide causing injury to any person, damage to any
machinery, or interruption of normal mining operations ;
(xiv) Failure of dump or side in open cast working ; a
blowout ;
(xv) A failure of any structure or installation whereby the safety
of persons may be endangered; or sparkgenerated due to
electrical flash-over causing burn injury to any person ;
(xvi) A major uncontrolled emission of petroleum or chemical
spillage.
12. The form of notice related to certain diseases and the
time within which the notice shall be sent and the authority to
which the notice shall be sent under sub-sections (1) and (2)
of section 12.—(1) A notice in the following format shall be sent
forthwith electronically, to the Inspector-cum-Facilitator or Chief Inspector-
cum- Facilitator, by the employer or occupier or manager of an
establishment in which there occurs any disease as notified under the
Third Schedule of the Code.
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NOTICE OF DISEASE
i. Name of establishment :
ii. Nature of establishment :
iii. Details of Patient—
(a) Name of Patient :
(b) Works number of Patient :
(c) Address of Patient :
(d) Precise occupation of Patient :
iv. Nature of disease from which patient is suffering :
v. Date of Detection of Disease :
vi. Details of Medical Practitioner :
vii. Has the case been reported to the Medical Officer.
Date :
Signature of Employer or Occupier or Manager.
(2) If any qualified medical practitioner attends on a person who
is or has been employed in an establishment and who is or is believed
by the qualified medical practitioner to be suffering from any
disease specified in the Third Schedule, the qualified medical practitioner
shall without delay send a report in writing to the office of the Chief
Inspector-cum-Facilitator and Inspector-cum-Facilitator stating—
(i) the name and full postal address of the patient ;
(ii) the disease from which he believes the patient to be
suffering ; and
(iii) the name and address of the establishment in which the
patient is or was last employed.
13. The manner of making report by employee under
clause (d) and other duties of employees under clause (g) of
section 13.—If an employee comes to know about any unsafe or
unhealthy condition in the establishment, he shall report to the employer,
health and safety representative or safety officer or agent or manager
as soon as practicable, electronically or otherwise or telephonically.
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14. Manner of sending report of action taken under
sub-section (3) of section 14.—On receipt of information from the
employee relating to the existence of an imminent danger to their safety
and health, the employer shall take immediate remedial action in this
regard. The employer, whether satisfied or not, shall send a report
forthwith of such actions taken, to the Inspector-cum-Facilitator
electronically or by registered speed post or telephonically
CHAPTER IV
Occupational Safety and Health
15. The constitution, procedure and other matters relating
to State Advisory Board under sub-section (2) of section 17.—
The Jammu and Kashmir Government may constitute a board to be
called Jammu and Kashmir Occupational, Safety and Health Advisory
Board to advise the Government of Jammu and Kashmir on such matters
arising out of the administration of this Code as may be referred to
it by the Government of Jammu and Kashmir.
16. The number of members and their qualifications under
sub-section (3) of section 17.—(1) The Board shall consist of—
(a) Hon’ble Minister, Labour and
Employment, Jammu and Kashmir
…..Chairperson
(b) Administrative Secretary, Labour and
Employment Department
…Member (ex-officio)
(c) Chairman, Jammu and Kashmir
Pollution Control Board
...Member (ex-officio)
(d) Labour Commissioner, Jammu
and Kashmir
...Member-Secretary
(e) Regional Director, ESIC
…Member
(f) Director, Health Services Jammu/Kashmir
...Members
(g) Two Representatives of Employers
...Members
(h) Two Representatives of Employees
...Members
(2) The Board may meet as often as necessary to discharge the
functions as specified in Section 17 of the Code.
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(3) Resignation.—
i. A member of the Board, not being an ex-officio member,
may resign his office by a letter in writing addressed to
the Chairperson of the Board ;
ii. The seat of such a member shall fall vacant from the date
on which his resignation is accepted by the Government of
Jammu and Kashmir, or on the expiry of thirty days from
the date of receipt of the letter of resignation by the
Government of Jammu and Kashmir whichever is earlier.
(4) Cessation of membership.—If any member of the Board,
not being an ex-officio member, fails to attend three consecutive
meetings of the Board, without obtaining the leave sanctioned by the
Chairperson of such Board for such absence, he shall cease to be a
member of Board :
Provided that the Government of Jammu and Kashmir may, if
satisfied that such member was prevented by sufficient cause from
attending three consecutive meetings, direct that such cessation shall
not take place and on such direction being made, such member shall
continue to be a member of Board.
(5) Disqualification for membership.—A person shall be
disqualified for being a member of the Board—
(i) if he is of unsound mind and stands so declared by the
competent authority ;
(ii) if he is an undischarged insolvent ; or
(iii) if he has been convicted for an offence, having a penalty
of imprisonment of three months or more.
(6) Removal from membership.—The Government of Jammu
and Kashmir may remove any member of the Board, if in its opinion
such member has ceased to represent the interest which he purports
to represent on such Board :
Provided that no such member shall be removed unless a
reasonable opportunity is given to him of making a representation against
the proposed action under this rule.
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(7) Travelling Allowance for members.—
(i) The travelling allowance of an official member shall be
governed by the rules applicable to him for journey
performed by him on official duties and shall be paid by
the authority paying his salary ;
(ii) The non-official members of the Board shall be paid
travelling allowance for attending the meeting of the Board
at such places as per the instructions issued by Finance
Department, Government of Jammu and Kashmir from time
to time. The amount so paid to the non-official members
shall be debited from the official account of the Member-
Secretary of the Board.
17. The manner of constituting a safety committee and the
manner and the purpose for choosing the representatives under
sub-sections (1) and (2) of section 22.—(1) Every establishment
employing 500 or more workers except for the establishment prescribed
under sub-section (1) of section 22 shall constitute a safety committee
consisting of representatives of employers and workers.
(2) The tenure of the safety committee shall be for three years.
The safety committee shall meet at least once in every quarter.
(3) The representative of the workers shall be chosen by the
registered trade union. In case where there is no registered trade union
the members may be chosen by the workers of the establishment :
Provided that there shall be adequate representation of the women
workers in the committee.
(4) Safety Committee shall have the right to be adequately
and suitably informed of—
i. potential safety and health hazards to which the workers
may be exposed at workplace ;
ii. data on accidents as well as data resulting from surveillance
of the working environment and of the health of employees,
conducted at such establishments.
(5) The owner, employer, occupier, agent or manager shall, within
a period of one month from the date of receipt of the recommendations
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of the Safety Committee shall take action to implement the
recommendations.
CHAPTER V
Hours of Work and Annual Leave with Wages
18. Conditions for exemption of workers from weekly and
compensatory holidays under sub-section (2) of section 26.—
(1) For the purpose of section 26, there shall be posted up in a
conspicuous place outside the office of every establishment a notice
showing the weekly day of rest. Where the weekly day of rest is not
the same day for all persons employed in the establishment, the notice
shall show the day of rest allowed to each relay, or set of persons
or individual.
(2) Except in the case of worker engaged in any work which
for technical reasons must be carried on continuously throughout the
day, the compensatory holidays to be allowed under sub-section (3) of
section 26 of the Code shall be so spaced that not more than two
compensatory holidays are given in one week.
(3) The manager of the establishment shall display, on or before
the end of the month in which holidays are lost, a notice in respect
of workers allowed compensatory holidays during the following month
and of the dates thereof, at the place at which the notice of periods
of work prescribed under section 26 is displayed. Any subsequent change
in the notice in respect of any compensatory holiday shall be made
not less than three days in advance of the date of that holiday.
(4) Any compensatory holiday or holidays to which a worker is
entitled shall be given to him before he is discharged or dismissed and
shall not be reckoned as part of any period of notice required to be
given before discharge or dismissal.
19. The total number of hours of overtime under second
proviso of section 27.—(1) In pursuance of section 27 of the Code,
where in an establishment a worker works for more than eight hours
in any day or for more than forty-eight hours in any week, as the
case may be, he shall in respect of such overtime work be entitled
to wages at the rate of twice his ordinary rate of wages and shall
be paid at the end of each wage period.
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(2) In calculating overtime on any day, a fraction of an hour
between 15 to 30 minutes shall be counted as 30 minutes and in case
of more than 30 minutes it shall be rounded and shall be counted as
an hour on actual basis.
(3) In calculating the wages or earnings in the case of a worker
paid by the month, the daily wages shall be 1/26th of his monthly wages;
and in the case of any other worker it shall be the daily wages or
earnings as the case may be.
(4) The spread over for the workers shall exceed twelve hours
in any one day under the following works and circumstances in factories
and building and other construction, namely :—
i. Urgent repairs ;
ii. work in the nature of preparatory or complimentary
work ;
iii. work which is necessarily so intermittent that the intervals
during which they do not work while on duty ordinarily
amount to more than the intervals for rest ;
iv. work which for technical reasons must be carried on
continuously ;
v. engaged in making or supplying articles of prime necessity
which must be made or supplied everyday ;
vi. engaged in a process which cannot be carried on except
during fixed seasons ;
vii. engaged in a process which cannot be carried on
except at times dependent on the irregular action of natural
forces ;
viii. engaged in an engine rooms or boiler houses or in attending
to power plant or transmission machinery ;
ix. engaged in process on account of the break-down of
machinery ;
x. engaged in the loading or unloading of railway wagons or
lorries or trucks ;
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xi. exceptional press of work and engaged in any work, which
is notified by the Central Government/Government of Jammu
and Kashmir in the Official Gazette as a work of national
importance :
Provided that no worker shall be allowed to work overtime
exceeding one hundred twenty five hours in any quarter of
a year.
20. Circumstances for exemption from restriction on double
employment in a factory under section 30.—The Government of
Jammu and Kashmir may in exceptional cases as it deem proper exempt
any establishment or any person on double employment under this section
by notification in Official Gazette assigning full justification of such order/
notification.
21. The form and notice and manner of display of such
notice and the manner in which such notice shall be sent to the
Inspector-cum-Facilitator under sub-section (2) of section 31.—
The notice referred to in sub-section (2) of section 31 shall be displayed
at conspicuous places on a notice board or electronic board and
maintained in Form-VII and copy of such notice shall be sent to
Inspector-cum-Facilitator electronically or otherwise or by registered
post.
CHAPTER VI
Maintenance of Registers, Records and Returns
22. The form and register and particulars of workers under
clause (a) of section 33.—(1) Every employer shall maintain register
of workers, wages, overtime, fine, deduction for damage or loss in
Form-VIII electronically or otherwise and shall be kept available at an
office or the nearest convenient building within the precincts of the
establishment.
(2) (i) in case of manual registers and other records, be legibly
entered in ink in English and Hindi/Urdu or the language
understood by a majority of the persons employed ;
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(ii)
be preserved in original for a period of one calendar year
after the date of the last report or entry :
Provided that when the original record is lost or destroyed
before the expiry of one year period, true copies thereof,
if available, shall be preserved for the prescribed period.
(3) The record as prescribed under sub-rule (1) and sub-rule (2)
shall be produced, electronically or by registered post, on demand before
the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator or
any person authorized in that behalf by the Government of Jammu
and Kashmir.
23. The manner and form of displaying notices under
clause (b) of section 33.—Every employer shall cause to display at
the conspicuous place of the workplace of the establishment under his
control, notice showing the name and address of the establishment, hours
of work, wage period, date of payment of such wages, details of accident
and dangerous occurrence in the establishment for the last five years,
name and address of the Inspector-cum-Facilitator having jurisdiction
to such establishment and date of payment of unpaid wages to such
workers in English, Hindi, or Urdu or in any other officical language
of Jammu and Kashmir as the case may be.
24. Return, manner of filing the return and periods of filing
return to Inspector-cum-Facilitator under clause (d) of section
33.—(1) Every employer of an establishment shall send annually a return
relating to such establishment in duplicate in Form-
IX to the Inspector-cum-Facilitator having jurisdiction so as to reach
him not later than 1st February following the end of each calendar
year with a copy to Director General, Economics and Statistics,
Government of Jammu and Kashmir.
(2) Register of accident and dangerous occurrences.—The
registers of accident and dangerous occurrences required by sub-clause
(v) of clause (a) of section 33 of the Code shall be maintained in a
Form-X.
(3) Register of leave with wages under clause (a) of
section 33.—
(i) The owner, agent or manager of every establishment shall
maintain in respect of every employee thereof a record of
leave with wages electronically or manually in Form-XI ;
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(ii) The register mentioned in clause (i) shall be preserved for
a period of two years after the last entry in them has been
made and shall not be destroyed even after the expiry of
that period unless it has been properly transferred to the
new register.
CHAPTER VII
Inspector-cum-Facilitator and other Authority
25. The qualification and experience of Chief Inspector-cum-
Facilitator under sub-section (5) of section 34.—The Government
of Jammu and Kashmir may appoint an officer not below the rank
of Labour Commissioner as Chief Inspector-cum-Facilitator for the
whole Territory of Jammu and Kashmir under the provisions of this
Code.
26. The manner of taking samples of any article or substance
found in any premises and air of atmosphere under clause (x)
of sub-section (1) of section 35.—An Inspector-cum-Facilitator shall
take samples or substances in an establishment as per the inspection
scheme mandated under Official Portal of Labour Department after
informing the employer of the establishment, taken in the manner herein
after providing a sufficient sample of any substance used or intended
to be used in the establishment such use being—
(a) in the belief of the Inspector-cum-Facilitator in contravention
of any of the provisions of this Code or the rules made
thereunder ; or
(b) in the opinion of the Inspector-cum-Facilitator likely to cause
bodily injury to, or injury to the health of employee in the
establishment.
27. The other powers and duties under clause (xiv) of
sub-section (1) of section 35.—(1) Inspector-cum-Facilitator shall,
after every inspection, as may be deemed necessary, issue prohibition
or improvement notice in the Form-XII pointing out the non-compliance
of provisions of safety, health and working conditions under the Code,
and rules and regulations framed thereunder, to the employer or occupier
or owner or manager or their agent.
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(2) An Inspector-cum-Facilitator shall, at each inspection, ascertain
to what extent any shortcomings notified at a previous inspection have
been rectified and the notices previously issued have been complied
with. His findings and any shortcomings which may come to light during
the inspection, together with any order passed by him under the Code
or the regulations made thereunder shall be recorded and maintained.
28. The specialized qualification and experience, duties and
responsibilities of experts to be empanelled under section 37.—
(1) Eligibility of the Firm—
(i) The Firm should be registered body corporate in India under
appropriate legal framework, such as Companies Act or LLP
Act ;
(ii) The Firm should be registered in Labour Department ;
(iii) The Firm should have experience and authorization to
undertake and evaluate labour regulatory compliance ;
(iv) The Firm should have Labour Law Auditor and Technical
Auditor on company pay roll.
(2) Eligibility of Labour Law and Technical Auditor—
(i) Eligibility : Labour Law Auditor—
(a) Should be having a minimum of 7 years of experience
under Labour Law ; or
Should be having a minimum of 7 years of experience
as a legal practitioner under Labour Law ; or
Should have served as Labour Enforcement Officer or
above for 7 years ;
(b) Should not currently be a part-time/full-time employee
in any unit/establishment in the U. T. of Jammu and
Kashmir or its subsidiaries or branches elsewhere in the
country ;
(c) Should not be of an age more than 65 years ;
(d) Should be medically fit to carry out inspection
procedure ;
(ii) Eligibility : Technical Auditor.—Should have one year
full time Diploma in industrial safety recognized by the Board
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of Technical Education or All India Council of Technical
Education or recognized university ; and either of the
following qualifications—
(a) Degree in branch of Chemical, Mechanical, Electrical or
Production Engineering and having five years’ experience
in manufacturing, maintenance, design, project or safety
department in the supervisory or above capacity in
factories ; or
(b) Diploma in branch of Chemical, Mechanical, Electrical
or Production Branch Engineering and having seven years
experience in manufacturing, maintenance, design, project
or safety department in the supervisory or above capacity
in factories ; or
(c) Degree of Bachelor of Science with Physics and/or
Chemistry and having ten years experience in
manufacturing or safety.
(3) Competent person under clause (I) of sub-section (1) of
section 2 of the Code—
(i) The Chief Inspector-cum-Facilitator may recognize any
person as ‘competent person’ for the area and for the period
as specified in Schedule-A :
Provided that the Chief Inspector-cum-Facilitator may relax
the requirements of qualifications in respect of ‘competent
person’ with the prior approval of the Government of Jammu
and Kashmir :
Provided further that the competent person recognised under
sub-rule (3) shall not be above the age of sixty-five years
and shall be physically fit for the purpose of carrying out
the requisite tests, examination and inspection.
(ii) The Chief Inspector-cum-Facilitator may recognise an
institution of repute, having persons possessing qualification
and experience as specified in the Schedule B, as competent
person and issue a certificate of competency in its favour
in Form-XIX.
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(iii) The Chief Inspector-cum-Facilitator on receipt of an
application in Form-XVII from a person or from an
institution in Form-XVIII, as the case may be, intending to
be recognized as a competent person for the purposes of
the Code and the rules made thereunder, shall register such
application and after satisfying himself as regards competence
and facilities available at the disposal of the applicant may
recognise the applicant as a competent person. Such
application shall be disposed of either by issuing a certificate
of competency in Form-XIX or by rejecting the same
specifying reasons thereof, within a period of sixty days.
(iv) The Chief Inspector-cum-Facilitator.—If he has reason
to believe that a competent person—
(a) has violated any condition stipulated in the certificate of
competency ; or
(b) has carried out a test, examination and inspection or has
acted in a manner inconsistent with the intent or the
purpose of the Code or the rules made thereunder, or
has omitted to act as required under the Code or the
rules made thereunder ; or
(c) for any other reason to be recorded in writing,
may revoke the certificate or competency after giving an
opportunity of being hearing to the competent person.
Explanation:—For the purpose of this rule, an institution
includes an organization (including
Government, autonomous, co-operative,
corporate or private).
(v) The Chief Inspector-cum-Facilitator may, for reasons to be
recorded in writing direct for the recertification of any of
the area as defined in Schedule-A.
29. The manner of providing alternative employment under
sub-clause (d) of clause (A) of sub-section (1) of section 38.—
The occupier of the factory may take necessary steps for providing
employment to the workers affected by the order of prohibition issued
by Inspector-cum-Facilitator under sub-clause (d) of clause (A) of
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sub-section (1) of section 38 and as far as practicable provide alternate
employment to the workers so affected. Where it may not be possible
for the occupier to provide such employment, he shall be responsible
for making payment of salary/wages to the affected workers during
the period for which the prohibition order is in operation.
30. The qualification for the appointment of medical
practitioner under sub-section (1) of section 42.—The medical
practititoner shall be a Medical Officer who possesses any recognized
medical qualification as defined in the National Medical Commission
Act, 2019 (30 of 2019) and who is enrolled on a Indian Medical Register
as defined in clause (e) and on a State Medical Register as defined
in clause (l) of sections 35, 36, 37 and 40 of the Act.
31. Duties of Medical Officer under sub-section (2) of
section 42.—(1) On receipt of a reference under clause (c) of
sub-section (2) of section 42 of the Code, the Medical Officer shall,
after giving prior notice regarding date, time and place for medical
examination and upon examining the person sent for such examination,
prepare the age and fitness certificate and deliver the same to the
occupier, manager, owner of the establishment concerned after retaining
a copy thereof.
(2) The Medical Officer may seek opinion of specialists like
radiologist, dentist and orthopaedic surgeon as the case may be, for
the purpose of determination of age.
(3) Medical Officer shall carry out such examination and furnish
such report as Government of Jammu and Kashmir may direct.
(4) For examination and certification of workers in an establishment
in such dangerous occupation or processes as specified in First Schedule
to the Code.
(5) For medical supervision of any establishment or class of
establishment where cases of chronic occupational illness have occurred
due to arduous nature of any process carried on or hazardous condition
of work.
(6) In respect of any establishment or class of establishment or
description of establishment in which operations involve any risk of injury
to the health of any person or class of persons employed therein—
a. to undertake occupational health survey for any or class
of an establishment, where cases of illness have occurred
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or there is prevalence of diseases as prescribed in Third
Schedule of the Code ;
b. to assess the age and issue fitness of adolescent for
employment in an establishment or class of establishment.
32. Other establishment engaged in the dangerous occupation
or processes under clause (a) of sub-section (2) of section 42.—
The Medical Officer shall perfom the examination and certification of
the workers in a factory or in such other establishments engaged in
dangerous occupation and processes as specified in Schedule-B annexed
with these rules.
33. Medical supervision and other establishment under
clause (b) of sub-section (2) of section 42.—The Medical Officer
shall perfom the examination and certification of the workers in a factory
or in such other establishments where the cases of illness have occurred
which it is reasonable to believe are due to the nature of any process
carried on or other conditions of work prevailing in such establishments
and inform the occupier, owner, Chief Inspector-cum-Facilitator and the
appropriate Government for study and remedial measures as may be
required in this behalf.
34. Other establishment under clause (c) of sub-section (2)
of section 42.—The Medical Officer shall perfom the examination and
certification of an adolescent worker for the purpose of ascertaining
his fitness of employment in a factory, motor transport undertaking or
in any other establishments as specified in Schedule-B annexed with
these rules.
CHAPTER VIII
Special Provisions relating to Employment of Women
35. Conditions relating to safety, holiday and working hours
or any other condition to be observed by the employer under
section 43.—The following conditions shall be met for employment of
women during night or before 6.00 a. m. and beyond 7.00 p. m. in
any day, namely :—
(1) the consent of women employ shall be taken ;
(2) no women shall be employed against the maternity benefit
provisions laid down under the Social Security Code, 2020
(36 of 2020) ;
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(3) adequate transportation facilities shall be provided to women
employee to pick-up and drop such employee at her
residence ;
(4) the workplace including passage towards conveniences or
facilities concerning toilet, washrooms, drinking water, entry
and exit of women employee should be well-lit ;
(5) the toilet, washroom and drinking facilities should be
near the workplace where such women employee are
employed ;
(6) provide safe, secure and healthy working condition such that
no women employee is disadvantaged in connection with
her employment ;
(7) in case of below ground mine not less than 3 women
employees shall be on duty at any place ;
(8) the provisions of the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013
(14 of 2013), as applicable to the establishments, shall be
complied with.
36. The manner of requiring the employer to provide the
adequate safeguards under section 44.—The Government of Jammu
and Kashmir may declare by notification the class of establishments
and the scheme, and standards for safeguarding of women in hazardous
and dangerous processes.
CHAPTER IX
Special Provision for Contract Labour, Inter-State Migrant
Worker and Audio Visual Workers etc.
37. Conditions including in particular conditions as to hours
of work, fixation of wages and other essential amenities in respect
of contract labour under clause (a) of sub-section (3) of section
47.—The contractor shall ensure that—
(1) the hours of work shall conform to the rules made under
section 25 of the Occupational Safety, Health and Working
Conditions Code, 2020 (37 of 2020) ;
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(2) the wages shall be paid in accordance with the Code on
Wages, 2020 (29 of 2020) ;
(3) if the contract worker of the contractor is working at the
premises of the principal employer then it shall be the
responsibility of the principal employer to provide the
facilities or amenities such as toilet, washroom, drinking
water, bathing facilities if required, changing room, first aid
box, Canteen and Crèche ;
(4) all other facilities and entitlements shall be provided by the
contractor ;
(5) in case the contractor fails to make payment of minimum
wages to the contract worker, then the Labour Commissioner,
Jammu and Kashmir, Deputy Labour Commissioner/the
Assistant Labour Commissioner having jurisdiction, who shall
cause such payment to be made to the contract workers
who have not been paid out of the security deposit
maintained under this section included by invoking the bank
guarantee ; and
(6) he shall intimate within fifteen days of the receipt of a
contract work order about the details the contract work
order and in the manner as under this section.
38. The form and manner of application and the particulars
which such application shall contain regarding the number of
contract labour, nature of work for which contract labour is to
be employed and other particulars including the information
relating to the employment of Inter-State migrant workers under
sub-section (1) of section 48.—Every application by a contractor for
the grant of a license shall be made online electronically through Official
Portal of Labour Department of Jammu and Kashmir Government
(www.jklabour.com) in Form-XIII to the Licensing Officer. The
Licensing Officer may issue the license to the contractor in Form-XIV
electronically immediately, if the application is complete in all respects
but not later than seven days from the date of submission of complete
application, failing which such license shall be deemed to have been
issued and the license shall be auto generated :
Provided that in exceptional circumstances the Government of
Jammu and Kashmir may, for such period, by notification, dispense with
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requirement of electronic registration, in respect of any class of
contractors, for any part or whole of Jammu and Kashmir, and
submission of application in the form so provided, may be allowed.
39. The procedure under sub-section (2) of section 48.—
(1) Before a license is issued under any rule of these rules, bank
guarantee for an amount calculated at the rate of Rupees 1000 for
each of the worker to be employed as contract labour, in respect of
which the application for license has been made, shall be deposited
by the contractor for performance of the conditions of the license and
compliance with the provisions of the Code or the rules made thereunder.
(2) Wherein the issued contract license had expired, based on the
request of the applicant, the Licensing Officer may adjust the security
deposit in respect of his application for new license to be issued in
Form-XIV.
(3) The fees to be paid for the grant of a license shall be as
specified in the table below, namely :—
(a) No license is required up to 49 contract labour
Nil
(b) 50 but does not exceed 100 contract labour
Rs. 1000
(c) 101 but does not exceed 300 contract labour
Rs. 2000
(d) 301 but does not exceed 500 contract labour
Rs. 3000
(e) 501 but not exceeding 1000 contract labour
Rs. 5000
(f) 1001 but not exceeding 5000 contract labour
Rs. 10000
(g) 5001 but not exceeding 10000 contract labour
Rs 20000
(h) 10001 but not exceeding 20000 contract labour
Rs 30000
(i) 20001 and above contract labour
Rs. 40000
40. Manner of applying for the renewal of licence and the
manner of renewal of licence under sub-section (3) of
section 48.—(1) Every contractor shall apply electronically on the
Official Portal of Labour Department (www.jklabour.com) of Jammu
and Kashmir Government to the licensing authority for renewal of the
license.
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(2) Every such application shall be submitted on the said portal
at least 30 days prior to expiry of license period but not before 90
days of such expiry of license.
(3) The security deposit and the fee chargeable for renewal
of the license shall be the same as for the grant of license
under rule 36 :
Provided that if the application for renewal is not received within
the time specified in sub-rule (2), an additional fee of twenty five
per cent, shall be payable for such renewal.
(4) Every application for renewal, complete in all respects, shall
be made on the portal of the Labour Department (www.jklabour.com).
The renewal certificate shall be auto generated and the same may be
downloaded by the applicant from the portal.
41. Responsibility of the contractor under sub-section (4) of
section 48.—(1) The rates of wages payable to the workers by the
contractor shall not be less than the rates prescribed under the Code
on Wages, 2020 and where the rates have been fixed by agreement,
settlement or award, not less than the rates fixed by such agreement
or award.
(2) In case where the worker employed by the contractor perform
the same or similar kind of work as the worker directly employed by
the principal employer of the establishment, the wage rates, holidays,
hours of work and other conditions of service of the workers of the
contractor shall be the same as applicable to the workers directly
employed by the principal employer of the establishment on the same
or similar kind of work. In case of any dispute whether the work is
of similar kind, the matter be referred to the Inspector-cum-Facilitator
whose decision shall be final.
(3) In other cases the wage rates, holidays, hours of work and
conditions of service of the workers of the contractor shall be such
as specified under the Code and rules made thereunder.
(4) All contract labour shall be made member of EPFO and ESIC
subject to applicability as under respective provisions of the Code on
Social Security, 2020.
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(5) The contractor shall notify any change in the number of
workers or conditions of work to the Licensing Authority, electronically.
42. The manner of intimation of work order and time limit
for such intimation under sub-section (1) of section 50.—(1) Every
contractor shall within fifteen days of the receipt of a contract work
order shall intimate about the contract work order containing the details
such as the name of the principal employer, address of the premises
where work is being undertaken, date of commencement of the contract
work, the number of contract labour employed under that work order,
duration of work orders.
(2) The details of work order shall be sent by the contractor or
his authorized representative.
(3) The intimation shall be sent electronically on the Official Portal
of Labour Department of Jammu and Kashmir Government or e-mail
of the Labour Commissioner, Jammu and Kashmir Government.
43.
The manner of suspending or cancelling the licence
under sub-section (2) of section 50 and section 51.—(1) If the
Licensing Authority is satisfied that the licence has been obtained by
misrepresentation or suppression of any material fact or if the contractor
has failed to comply with the conditions subject to which licence was
granted or the contractor has contravened any provision of Part-I,
Chapter-XI of the Code or rules made thereunder, the Licensing
Authority shall issue a show cause notice of 30 days to the contractor
electronically or otherwise. On receipt of the reply, if any, from the
contractor within 30 days, the Licensing Authority shall examine the
same and in case the Licensing Authority feels that the continuation
of contract business by the contractor is going to lead to grave harm
to the workers, he may pass a Speaking Order recording the reasons
for revocation or suspension or otherwise and communicate to the
contractor electronically. A copy of the Order shall be endorsed to the
Labour Commissioner, Jammu and Kashmir, Deputy Labour Commissioner/
Assistant Labour Commissioner having jurisdiction.
(2) If the contractor has not complied with the said provisions
of the Code and rules made thereunder within the stipulated time period,
the Licensing Authority shall revoke the suspension giving a Speaking
Order or else the suspension may be continued.
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(3) If the contractor fails to comply with the directions as in
sub-rule (1), the Licensing Authority may forthwith pass an order of
revocation of license, recording the reasons thereof and communicate
to the contractor electronically or otherwise. The copy of the order
shall be endorsed electronically or otherwise to Labour Commissioner,
Jammu and Kashmir, Deputy Labaour Commissioner/Assistant Labour
Commissioner having jurisdiction as the case may be.
44.
The period before which the wages shall be paid under
sub-section (1) of section 55.—(1) The contractor shall fix the wage
periods in respect of which wages shall be payable and no wage period
shall exceed one month.
(2) The wages of every person employed as contract labour in
an establishment or by a contractor shall be paid before the expiry
of seventh day after the last day of the wage period in respect of
which the wages are payable.
(3) The wages shall be disbursed through bank transfer
or electronic mode and any other mode prescribed under Code on
Wages, 2020.
45.
The mode of payment of wages under proviso to
sub-section (2) of section 55.—Every contractor to whom this Code
applies shall make the disbursement of wages through bank transfer
or electronic mode and inform the principle employer electronically or
otherwise the amount so paid by such mode provided that where it
is not practicable to disburse payment in the mode specified in this
rule then the payment shall be made in the mode other than electronic
mode as prescribed under relevant provisions of Code on Wages, 2020.
46.
The manner of payment of wages from security deposit
under sub-section (4) of section 55.—If the contractor or principal
employer does not pay the wages to the contract labour employed by
him, the Labour Commissioner, Government of Jammu and Kashmir
or his representative or the competent officer as may be notified by
Government of Jammu and Kashmir shall conduct or cause to conduct,
an inquiry and after giving an opportunity to be heard to the contractor
shall pass an order to make payment, if any, of such wages from the
amount deposited by the contractor as security deposit and the bills
of the contractor as the case may be. The contractor shall re-furnish
the security deposit within a period of 30 days or else his license will
be liable to be suspended.
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47.
The form of issuing experience certificate under
section 56.—Every concerned contractor shall issue on demand,
experience certificate in Form-XV to the contract labour giving details
of the period, work performed, experience gained in various fields
performed by such contract labour.
48.
The form and manner of making application under
clause (b) of sub-section (2) of section 57.—If a question arises
as to whether any activity of an establishment is a core activity or
otherwise, the aggrieved party may make an application, to the
Commissioner/Secretary to Government, Labour and Employment
Department, Government of Jammu & Kashmir giving reasons along
with supporting documents.
49.
Period of making report and the period of deciding the
question under clause (c) of sub-section (2) of section 57.—On
receiving the application under clause (b) of sub-section (2) of
section 57, the Commissioner/Secretary to Government, Labour and
Employment Department, Government of Jammu and Kashmir shall if
he deem proper, refer the application to the Labour Commissioner,
Government of Jammu and Kashmir for making such enquiry as may
be required and the Labour Commissioner shall submit the report/
recommendation to the Commissioner/Secretary to Government, Labour
and Employment Department within thirty days for taking appropriate
action under these rules and the Commissioner/Secretary to Government,
Labour and Employment Department shall decide the matter within one
month from the date of receipt of such report/recommendation and
communicate the said decision of the Government to the parties through
electronically or otherwise for implementation of the said order of the
Government.
50.
Minimum service for entitlement, class of travel and
other matters under section 61.—The employer shall pay a lump
sum amount on account of fare for to and fro journey to inter-state
migrant worker by train (not less than II Class Sleeper) or by bus or
any other mode of passenger transport from the place of employment
to the place of residence in the home state in the event of the following,
namely :—
if he has worked for a period of not less than 180 days in the
concerned establishment(s) in preceding twelve months :
Provided that the journey allowance shall be given to an
inter-state migrant worker once in twelve months. In the event
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of change of employer by the inter-state migrant worker during
the middle of the employment period and has not availed the
journey allowance from his previous employer, then on the basis
of a certificate to be given by inter-state migrant worker, the
employer where the inter-state migrant worker is now working
and the such worker has completed one hundred and eighty days
in preceding twelve months including the period spent with the
previous employer, then the employer shall give journey
allowance.
51. Manner of providing facility of toll free helpline under
section 63 .— A Toll Free helpline number shall be provided by the Labour
and Employment Department, Government of Jammu and Kashmir, to
address queries and grievances of the inter-state migrant workers.
52. Manner of providing for study of inter-state migrant
workers under section 64.—The Government of Jammu and Kashmir
may identify the fields where studies are to be carried out to promote safety,
health and welfare of inter-state migrant workers. Wherever required the
Government of Jammu and Kashmir may also consult the Central
Government or expert organizations involved in the safety, health and welfare
of inter-state migrant workers.
53. Authority to whom a copy of the agreement shall be
forwarded by the producer under sub-section (3) of section 66.—
The Jammu and Kashmir Government may notify an officer not below the
rank of Assistant Labour Commissioner as Authority for the purpose of
these rules. The form of agreement for the audio visual workers with the
producer shall be given in Form-XVI.
54. Details under clause (vii) of sub-section (4) of section 66.—
The procedure for reference of dispute to the Conciliation Officer or an
Industrial Tribunal shall be inconformity with the Industrial Relations Code,
2020 and rules framed thereunder.
55. Rules in respect of factory or class or description of
factories under sub-section (1) of section 79.—The Government or
the Chief Inspector-cum-Facilitator may require for the purposes of the
Code, submission of plans of any factory which was either in existence on
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the date of the commencement of these rules or which had not been
constructed or extended since then. Such plans shall be drawn to scale
showing : —
(a) the site of the factory and immediate surrounding including
adjacent buildings and other structures, roads, drains, etc. ;
(b) the plan, elevation and necessary cross-sections of the factory
buildings indicating all relevant details relating to natural lighting,
ventilation and means of escape in case of fire, and the position
of the plant and machinery, aisles and passage ways ; and
(c) such other particulars as the Government or the Chief
Inspector-cum-Facilitator, as the case may be, may require.
56. Mode of submission of application under sub-section (2)
of section 79.—(1) No building shall be constructed or used as
factory unless plans in respect of such building are approved by the Chief
Inspector-cum-Facilitator.
(2)
No addition/alteration or extension in the existing factory building
shall be made unless plans in respect of such additions, alterations or
extensions are approved by the Chief Inspector-cum-Facilitator.
(3)
Application for approval of the plans shall be made electronically
in Form-XX along with the following plans and documents to the Inspector-
cum-Facilitator of the area :—
(a) Flow chart of the manufacturing process giving a brief
description of the process in its various stages ;
(b) Site plan drawn to scale showing the site of the factory and
immediate surroundings including adjacent buildings and other
structures, roads, drains, etc. ;
(c) The plan, elevations and necessary cross-sections drawn to
scale showing all relevant details relating to natural lighting,
ventilation, and means of escape in case of fire, position of
plant and machinery, aisles and passage ways ;
(d) Such other particulars as the Inspector-cum-Facilitator may
require in relation to the approval.
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(4) If the Inspector-cum-Facilitator is satisfied that the plans and
documents are in consonance with the requirements of the rules, he shall
forward the plans and documents to the Chief Inspector-cum-Facilitator
for approval. The Chief Inspector-cum-Facilitator after being similarly
satisfied shall approve the plans :
Provided that where the plans and documents fall short of the
requirements of these rules, the Inspector-cum-Facilitator or the Chief
Inspector-cum-Facilitator as the case may be, may return the documents
to the applicant for modifications and corrections as suggested therein :
Provided further that the plans shall not be deemed to have been
submitted till such time as they are re-submitted duly modified and amended.
(5) The internal height of a workroom shall be not less than 4.25 m
measured from the floor level to the lowest part of the roof and if the roof
is of corrugated iron which is neither covered with tiles nor has an inner
ceiling of lining of heat resisting material with an air space of at least 10
cm. Between it and the corrugated iron, the internal height shall be not less
than 5 m :
Provided that in the case of building having a brick or concrete roof,
or a combination of the two, the minimum height may be 3.75 m if approved
by the Chief Inspector of Factories.
(6) There shall be provided at all times for each person employed in
any room of a factory where mechanical or electrical power is used, at
least 36 square feet (3.35 square meter) of floor space exclusive of that
occupied by machinery and a breathings space of at least 500 cubic feet
(14 cubic meter).
(7) The provisions of sub-rule (5) of rule 53 shall not apply to rooms
intended for storage, go downs and like purposes and also rooms intended
solely for office purposes where only clerical work is done.
(8) No manufacturing process shall be carried on in any building or
part of a building whether newly constructed, re-constructed or extended,
or in any building which has been taken into use as a factory or part of a
factory until a Certificate of Stability in respect thereof, in Form-XXI signed
by a competent person has been sent by the occupier or manager of the
factory to the Chief Inspector-cum-Facilitator and accepted by him. Neither
any new plant nor machinery shall be added to any building of a factory nor
brought into use after such addition until a certificate of stability in
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Form-XXI signed by a competent person in respect thereof has been sent
by the occupier or manager of the factory to the Chief Inspector-cum-
Facilitator and accepted by him.
No person except in the case of building owned by any Government
shall be authorized to sign a certificate of stability or to certify plans and
specifications who is in the employment of the owner or builder of the
building in respect of which the certificate is given.
(9) The employer seeking registration for a factory and grant of a
licence shall apply electronically on the official Portal of the Labour
Department (www.jklabour.com), Government of Jammu and Kashmir by
giving details about the factory as specified in the Form-IA. The Form shall
be signed digitally or in any other manner as may be required on the portal.
The applicant shall be responsible for veracity of all information submitted
in the application :
Provided that the occupier of the premises in use as a factory on the
date of commencement of these rules shall submit such an application within
thirty days from the commencement of these rules.
(10)
A registration certificate for a factory shall be granted in
Form-XXII by the Chief Inspector-cum-Facilitator or any other officer
appointed and specially empowered in this behalf by the Chief Inspector-
cum-Facilitator electronically immediately, if the application is complete in
all respects but not later than seven days from the date of submission of
complete application, failing which such license shall be deemed to have
been issued and the license shall be auto generated :
Provided that in exceptional circumstances the Government of Jammu
and Kashmir may, for such period, by notification, dispense with requirement
of electronic registration, in respect of a factory or class of factories, or
part or whole of Jammu and Kashmir, and submission of application in the
form so provided, may be allowed.
(11)
Every application for renewal, complete in all respects, shall
be made on the portal of the Labour Department (www.jklabour.com) and
shall be made not less than sixty days before the date on which the licence
expires and if the application is complete in all respects, the renewal
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certificate shall be auto generated in Form-XXII and the same may be
downloaded by the applicant from the portal :
Provided that if the application for renewal, complete in all respects,
is not received within the time specified in sub-rule (11), the licence shall be
renewed only on payment of a fee of twenty five per cent in excess of the
fees ordinarily payable for the renewal of the licence.
(12)
The fees for grant of licence shall be the same as for renewal
of licence for one year and shall be as specified in the Schedules mentioned
below :—
SCHEDULE
Quantity of
Minimum Number of Persons employed during the
H. P.
year
installed
––––––––––––––––––––––––––––––––––––––––––––––––––––––
20
50
100
250
500
750
1000
2000
5000 &
above
Rs.
Rs.
Rs.
Rs.
Rs.
Rs.
Rs.
Rs.
Rs.
NIL
390
530
950
2210
4310
6410
8510
12710
13510
10
410
610
1020
2290
4380
6480
8590
12780
13980
50
630
880
1310
2560
4660
6760
8860
13060
15080
100
980
1230
1650
2910
5010
7110
9210
13410
17910
250
1960
2280
2710
3960
6050
8160
9860
14460
20050
500
3780
4030
4450
5710
7810
9910
12010
16210
25100
1000
7280
7530
7950
9210
11310 13410
15510
19710
30500
1500
10780
11030 11450
12710 14810 16910
19010
23210
35100
2000
14280
14530 14950
16210 18310 20410
22510
26710
38700
5000 &
20530
20780 21210
22450 24500 26510
29760
33910
44500
above
–––––––
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SCHEDULE
Scale of fees payable for licensing and annual renewal of licences
of Electricity Generating, Transforming or Transmitting Factories
Total Installed Capacity of
Number of
Fees Payable
Electricity Generating Station
Workers to
be Employed
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Not over 1000 kW (1MW)
1 or above
10000
Over 1000 kW but not over
5000 kW (5MW)
do.
20000
Over 5000 kW but not over
10000 kW (10MW)
do.
33500
Over 10000 kW but not over
50000 kW (50MW)
do.
63500
Over 50000 kW but not over
60000 kW (60MW)
do.
73500
Over 60000 kW but not over
80000 kW (80MW)
do.
87000
Over 80000 kW but not over
100000 kW (100MW)
do.
100000
Over 100000 kW but not over
150000 kW (150MW)
do.
127000
Over 150000 kW but not over
200000 kW (200MW)
do.
150000
Over 200000 kW but not over
300000 kW (300MW)
do.
175000
Over 300000 kW but not over
500000 kW (500MW)
do.
200000
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Over 500000 kW but not over
1000000 kW (1000MW)
1 or above
300000
Over 1000000 kW but not over
1500000 kW (1500MW)
do
400000
Over 1500000 kW but not over
2000000 kW (2000MW)
do
500000
Over 2000000 kW (2000MW)
do
667000
(13) Every licence granted or renewed under these rules shall be
valid for a period up to ten (10) years as per the request of the licensee and
shall remain in force till the 31st December of the year for which the licence
is granted or renewed.
57. Common facilities and services for joint liability of owner
of premises and occupiers of the factories under section 80.—(1)
Wherein any premises, separate buildings are leased to different occupiers for use
as separate factories, the owner of the premises shall be responsible for the
provisions and maintenance of common facilities and services, such as approach
road, drainage, water supply, lighting and sanitation.
(2)
Wherein any premises, independent or self contained floors or
flats are leased to different occupiers for use as separate factories, the
owner of the premises shall be liable as if he were the occupier or manager
of the factory, for any contravention of the provisions of this Code, in respect
of—
(i) latrines, urinals and washing facilities in so far as the
maintenance of the common supply of water for these purposes
is concerned ;
(ii) fencing of machinery and plant belonging to the owner and not
specifically entrusted to the custody or use of an occupier ;
(iii) safeness of access to the floors or flats and maintenance and
cleanliness of stair cases and common passages ;
(iv) precautions in cases of fire ;
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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(v) maintenance of hoists and lifts ; and
(vi) maintenance of any other common facilities provided in the
premises.
(3) The Chief Inspector-cum-Facilitator shall have subject to the
control of the appropriate Government, power to issue orders to the owner
of the premises in respect of carrying out of the provisions of
sub-sections (1) and (2).
(4) The provisions of sub-section (2) relating to the liability of the
owner/occupier shall apply wherein any premises independent rooms with
common latrines, urinals and washing facilities are leased to different
occupier for use as separate factories :
Provided that the owner/occupier shall be responsible also for supplying
with the requirements relating to the provision and maintenance of latrines,
urinals and washing facilities.
(5) The Chief Inspector-cum-Facilitator shall have subject to the
control of the appropriate Government, the power to issue orders to the
owners/occupier of the premises referred to in respect of the carrying out
of the provisions of section 24 of the Code.
(6) Wherein any premises, portions of a room or a shed are leased to
different occupiers for use as separate factories, the owner/occupier of the
premises shall be liable for any contravention of the provisions of—
(i) Chapter V of the Code, except section 23, sub-section (2)
clause (iii) and (iv) ;
(ii) Chapter V of the Code, except the list of matters at
S. Nos. (2), (3), (7), (15) & (16) in the Second Schedule of the
Code :
Provided in respect of the provisions at S. Nos. (1), (4), (12)
listed in the Second Schedule of the Code, the owners liability
shall be only in so far as such provisions relate to things under
his control :
Provided further that the occupier shall be responsible for
complying with the provisions of Chapter V in respect of plant
and machinery belonging to or supplied by him.
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(iii) Chapter VI of the Code, section 24, sub-section (1) clause (i).
(7) The Chief Inspector-cum-Facilitator shall have subject to the
control of the appropriate Government, the power to issue orders to the
owners of the premises in respect of the carrying out the provisions of
clause 7 sub-section (1).
(8) In respect of Clause (4) and (6) of sub-section (1), while computing
for the purposes of any of the provisons of this Code, the total number of
workers employed, the whole of the premises shall be deemed to be a
single factory.
58. Rules under section 82.—(1) Dangerous manufacturing
processes or operations. The following operations when carried on in any
factory are declared to be dangerous manufacturing processes or operations
under section 82 of the code :—
i. Manufacture of aerated water and processes incidental
thereto ;
ii. Electrolytic plating or oxidation of metal articles by use of an
electrolyte containing acids, bases or salts of metals such as
chromium, nickel, cadmium, zinc, copper, silver or gold ;
iii. Manufacture and repair of electric accumulators ;
iv. Glass manufacture ;
v. Grinding or glazing of metals ;
vi. Manufacture and treatment of lead and certain compounds of
lead ;
vii. Generation of gas from dangerous petroleum ;
viii. Cleaning, smoothening or roughening etc. of articles by a jet of
sand, metal shot, grit or other abrasive propelled by a blast of
compressed air of steam ;
ix. Liming and tanning of raw hides and skins and processes
incidental thereto ;
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x. Carrying on of certain processes of lead and lead material in
Printing Presses and Type Foundries ;
xi. Manufacture of pottery and ceramics ;
xii. Chemical works ;
xiii. Manipulation of stone or any other material containing free
silica ;
xiv. Handling and processing of asbestos, manufacture of any article
of asbestos and any other process of manufacture or otherwise
in which asbestos is used in any form ;
xv. Handling and manipulation of corrosive substances ;
xvi. Processing of cashew nuts ;
xvii. Compression of Oxygen and Hydrogen produced by the
electrolysis of water ; Use of ovens and driers in factories ;
xviii. Process extracting vegetable oils from oil cakes in solvent
extraction plants ;
xix. Manufacture and manipulation of manganese and its
compounds ;
xx. Manufacture or manipulation of dangerous pesticides ;
xxi. Protection against hazards of poisoning arising from benzene ;
xxii. Carbon disulphide plants ;
xxiii. Manufacture or Manipulation of Carcinogenic intermediates ;
xxiv. Operations involving High Noise levels ;
xxv. Manufacture of Rayon by Viscose ;
xxvi. Highly Flammable liquids and Flammable Compressed Gases ;
xxvii. Operation in foundries.
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(2) Prohibiting or restricting the employment of Pregnant
woman in the manufacturing process or operation.—Every Occupier
or employer shall ensure to prohibit or restrict the employment of pregnant
women in hazardous and dangerous operations which exposes them to
serious risk of bodily injury, poisoning or disease. However, the Occupier
shall make all the necessary arrangements for providing adequate safeguards
prior to the employment of pregnant woman in case they are requird to
work in hazardous or dangerous operations.
(3) Periodical Medical Examination.—
i. For the medical examination of workers to be carried out by
the certifying surgeon as required by Schedule B-I to Schedule
B-XXVII, the occupier of the factory shall pay fee at the rate
of five hundred rupees per examination of each worker every
time he/she is examined ;
ii. The fees prescribed in clause (i) shall be exclusive of any
charges for biological, radiological or other tests which may
have to be carried out in connection with the medical
examinations. Such charges shall be paid by the occupier ;
iii. The fees to be paid for medical examination shall be paid
electronically to the Chief Inspector-cum-Facilitator in the
manner as may be prescribed by him.
(4)
Welfare amenities, sanitary facilities, protective clothing
and other necessary requirements for dangerous operations.—The
provisions specified in the Schedule B-I to Schedule B-XXVII shall apply
to any class or description of factories wherein dangerous manufacturing
processes or operations specified in each Part of the Schedule are carried
on.
(5)
Notwithstanding anything contained in Schedule B-I to Schedule
B-XXVII, the Inspector-cum-Facilitator may issue order in writing to the
Manager or Occupier or both, directing them to carry such measures, and
within such time, as may be specified in such order with a view to remove
conditions dangerous to the health of the worker or to suspend any process,
where such process constitutes in the opinion of the Inspector-cum-
Facilitator imminent danger of poisoning or toxicity.
(6) Any register or record of medical examinations and tests
connected therewith required to be carried out, under any of the
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Schedule B-I to Schedule B-XXVII, in respect of any worker, shall be kept
readily available to the Inspector-cum-Facilitator and shall be preserved till
the expiry of a period of one year after the worker ceases to be in
employment of the factory.
59. Site Appraisal Committee under section 83.—(1) The
Government of Jammu and Kashmir may constitute a Site Appraisal
Committee as and when necessary consisting of—
(i) the Chief Inspector of Factories who shall be its Chairman ;
(ii) a representative of the State Pollution Control Board of the
Government of Jammu and Kashmir ;
(iii) a representative of the Department of Environment of the
Government of Jammu and Kashmir ;
(iv) a representative of the Local Government wing of the
Department of Local Government Housing and Urban
Development Department of the Government of Jammu and
Kashmir ;
(v) an expert in the field of occupational health ;
(vi) a representative of the Department of Industries of the
Government of Jammu and Kashmir ; and
(vii) a scientist having specialised knowledge of the hazardous
process which will be involved in the factory ; and
(viii) any other person as deemed fit by the Government of Jammu
and Kashmir.
(2)
No member, unless required to do so by a court of law, shall
disclose otherwise than in connection with the purposes of the Act, at any
time any information relating to manufacturing or commercial business or
any working process which may come to his knowledge during his tenure
as a Member on this Committee.
(3) i. Applications for appraisal of sites in respect of the industries
covered under clause (za) of sub-section (1) of section 2 of
the Code shall be submitted to the Chairman of the Site
Appraisal Committee ;
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ii. The application for site appraisal along with fifteen copies
thereof shall be submitted in Form XXV. The Committee may
dispense with furnishing of information on any particular item
in the application Form, if it considers the same to be not
relevant to the application under consideration ;
iii. Functions of the Site Appraisal Committee—
(a) The Chairman shall arrange to register the applications
received for appraisal of site in separate register and
acknowledge the same within a period of seven days ;
(b) The Chairman shall fix up the meetings in such manner
that all the applications received and registered are
referred to the Committee within a period of one month
from the date of their receipt ;
(c) The Committee shall adopt a procedure for its working
keeping in view the need for expeditious disposal of
applications ;
(d) The Committee shall examine the applications for
appraisal of a site with reference to the prohibitions
and restriction on the location of an industry and the
carrying on of processes and operations in different
areas as per the provisions of rule 5 of the Environment
(Protection) Rules, 1986 framed under the Environment
(Protection) Act, 1986 ;
(e) The Committee may call for documents examine
experts, inspect the site if necessary and take other
steps for formulating its views in regard to the suitability
of the site ; and
(f) Wherever the proposed site required clearance by the
Ministry of Industries or by the Ministry Environment
and Forests of Government of India, the application
for Site Appraisal will be considered by the Site
Appraisal Committee only after such clearance had
been received.
60.
The manner of disclosing information by occupier of a
factory under sub-section (1), (2), (5) and (7) of section 84.—(1) The
occupier of every factory carrying on a ‘hazardous process’ shall arrange
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to obtain or develop information in the form of Material Safety Data Sheet
(MSDS) in respect of every hazardous substance or material handled in
the manufacture, transportation and storage in the factory. It shall be
accessible upon request to a worker for reference—
(i) Every such Material Safety Data Sheet shall include the
following information :—
(a) The identity used on the label ;
(b) Hazardous ingredients of the substance ;
(c) Physical and chemical characteristics of the hazardous
substance ;
(d) The physical hazards of the hazardous substance,
including the potential for fire, explosion and reactivity ;
(e) The health hazards of the hazardous substance, including
signs and symptoms of exposure and any medical
conditions which are generally recognised as being
aggravated by exposure to the substance ;
(f) The primary route(s) of entry ;
(g) The permissible limits of exposure prescribed in the
Schedule-E of the Code, and in respect of a Chemical
not covered by the said Schedule, any exposure limit
used for recommended by the manufacturer, importer
or occupier ;
(h) Any generally applicable precautions for safe handling
and use of the hazardous substance, which are known,
including appropriate hygienic practices, protective
measures during repairs and maintenance of
contaminated equipment, procedures for clean-up of
spills and leaks ;
(i)
Any generally applicable control measures, such as
appropriate engineering controls, work practices, or use
of personal protective equipment ;
(j)
Emergency and first aid procedures ;
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(k) The date of preparation of the Material Safety Data Sheet,
or the last change to it ;
(l)
The name, address and telephone number of the
manufacturer, importer, occupier or other responsible
party preparing or distributing the Material Safety Data
Sheet, who can provide additional information on the
hazardous substance and appropriate emergency
procedures, if necessary.
(2)
The occupier while obtaining or developing a Material Safety
Data Sheet in respect of a hazardous substance shall ensure that the
information recorded accurately reflects the scientific evidence used in
making the hazard determination. If he becomes newly aware of any
significant evidence used in making the hazard determination. If he becomes
newly aware of any significant information regarding the hazards of a
substance, or ways to protect against the hazards, this new information
shall be added to the Material Safety Data Sheet as soon as practicable—
(i) An example of such Material Safety Data Sheet is given in the
Schedule-C ;
(ii) Labelling :
Every container of hazardous substances shall be clearly labelled
or marked to identify—
(a) the contents of the container ;
(b) the name and address of the manufacturer or importer of
the hazardous substances ;
(c) the physical and health hazards ; and
(d) The recommended personal protective equipment need to
work safely with the hazardous substance.
(3)
Disclosure of Information to Workers.—
(i) The occupier of a factory carrying on a ‘hazardous process’
shall supply to all workers the following information in relation
to handling of hazardous materials or substances in the
manufacture, transportation, storage and other processes—
(a) Requirements of sections 84, 85 and 89 of the Code ;
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(b) A list of ‘hazardous processes’ carried on in the factory ;
(c) Location and availability of all Material Safety Data Sheets
as per Rule 58 ;
(d) Physical and health hazards arising from the exposure to or
handling of substances ;
(e) Measures taken by the occupier to ensure safety and control
of physical and health hazards ;
(f) Measures taken by the workers to ensure safe handling,
storage and transportation of hazardous substances ;
(g) Personal Protective Equipment required to be used by
workers employed in ‘hazardous process’ or ‘dangerous
operations’ ;
(h) Meaning of various labels and markings used on the
containers of hazardous substances as provided under
Rule 58 ;
(i) Signs and symptoms likely to be manifested on exposure to
hazardous substances and to whom to report ;
(j) Measures to be taken by the workers in case of any spillage
or leakage of a hazardous substance ;
(k) Role of workers vis-à-vis the emergency plan of the factory,
in particular the evacuation procedures ;
(l) Any other information considered necessary by the occupier
to ensure safety and health of workers.
(ii) The information required by sub-rule (i) shall be compiled and
made known to workers individually through supply of booklets
or leaflets and display of cautionary notices at the workplaces.
The booklets, leaflets and the cautionary notices displayed in
the factory shall be in the language understood by the majority
of the workers and also explained to them ;
(iii) The Chief Inspector-cum-Facilitator may direct the occupier
to supply further information to the workers as deemed
necessary.
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(4)
Disclosure of information to general public.—
(i) The occupier of every factory carrying on a ‘hazardous process’
shall in consultation with the District Emergency Authority
designated by the Appropiate Government, take appropriate
steps to inform the general public who are likely to be in the
area which might be affected by an accident. Such information
shall include—
(a) Name of the factory and address where situated ;
(b) Identification, by name and position, of the person giving the
information ;
(c) Confirmation that the factory has approval from the
Factories Inspectorate and Pollution Control Board ;
(d) An explanation in simple terms of the hazardous process(es)
carried on in the premises ;
(e) The common names of the hazardous substances used which
could give rise to an accident likely to affect them, with an
indication of their principal harmful characteristics ;
(f) Brief description of the measures to be taken to minimize
the risk of such an accident in compliance with its legal
obligations under relevant safety statutes ;
(g) Salient features of the approved disaster control measures
adopted in the factory ;
(h) Details of the factory’s emergency warning system for the
General Public ;
(i) General advice on the action members of the public should
take on hearing the warning ;
(j) Brief description of arrangements in the factory, including
liaison with the emergency services, to deal with foreseeable
accidents of such nature and to minimize their effects ; and
(k) Details of where further information can be obtained.
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(ii) The occupier shall also supply any further information–
(a) to general public as directed by the District Emergency
Authority from time to time ;
(b) to the elected representatives of the general public on
request ;
(iii) The occupier shall endeavour to enter an agreement with the
District Emergency Authority for the area, within whose
jurisdiction the factory is situated, for the District Emergency
Authority to take appropriate steps to inform the general public
outside the factory who are likely to be affected by an accident
as required in clause (i) ;
(iv) The information prescribed in sub-rule (4) shall be in the regional
language and in English or Hindi.
(5)
Disclosure of information to the local authority.—The
occupier of every factory carrying on a ‘hazardous process’ shall furnish
the following information in writing to the local authority having jurisdiction
over the area in which the factory is situated :—
i. the information furnished to general public as prescribed in
sub-rule (4) ;
ii. a statement of the names and quantities generally stored or in
process of hazardous substances included in the list of
chemicals prescribed under clauses (vi) and (vii) of
sub-section (2) of section 3 of the Environment (Protection)
Act,1986.
(6)
Disclosure of information to District Emergency
Authority.—
(i) The occupier of a factory carrying on a hazardous process,
shall intimate the District Emergency Authority designated by
the Government of Jammu and Kashmir, all information
having a bearing on preparation of an on-site emergency plan
and a disaster control and management plan in respect of the
factory ;
(ii) Without prejudice to the generality of this clause, the
occupier shall furnish the District Emergency Authority the
following :—
(a) a report on status relating to risk assessment and
environmental impact assessment and the measures taken
for prevention of accidents ;
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(b) compilation of Material Data Sheets in respect of hazardous
substances used, produced or stored in the factory ;
(c) a statement on all possible sources of accidents involving
fire, explosion, release or leakage of toxic substances
and the plan of the premises where such an accident may
occur ;
(d) A statement on resources and facilities available for dealing
with an emergency including any agreement entered into
with a neighbouring factory for aid and assistance in the
event of an emergency ;
(e) A map of the area showing the approaches to the factory
location of emergency facilities such as hospitals, police,
fire service ;
(f) The organisation of the management and the responsibility
for safety indicating therein the persons responsible for on-
site emergency action ;
(g) Details relating to alert system ;
(h) Information on availability of antidotes for poisoning resulting
from an accident ;
(i) Any other information as may be considered relevant by
the occupier or asked for by the District Emergency
Authority.
(7)
Disclosure of information to the Chief Inspector.—
(i) The occupier of every factory carrying on ‘hazardous process’
shall furnish, in writing, to the Chief Inspector-cum-Facilitator
a copy of all the information furnished to the workers,
local authority, general public and the District Emergency
Authority ;
(ii) A copy of compilation of Material Safety Data Sheets in respect
of hazardous substances used, produced or stored in the
factory shall be furnished to the Chief Inspector, and the local
Inspector ;
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(iii) The occupier shall also furnish any other information asked for
by the Chief Inspector from time to time for the purpose of this
Code and Rules made thereunder.
(8)
Emergency plan.—
i. The occupier of a factory carrying on a hazardous process
shall prepare a draft on-site emergency plan and submit it to
the Chief Inspector-cum-Facilitator. The Chief Inspector-cum-
Facilitator may make such modification in the plan as necessary,
in consultation with the occupier and approve the same ;
ii. The occupier will submit a copy of the approved plan to the
District Emergency Authority ;
iii. The occupier will intimate the workers the provisions of the
emergency plan and hold rehearsals of the plan periodically.
He shall review the plan from time to time and make necessary
changes therein under intimation to the Chief Inspector-cum-
Facilitator and the District Emergency Authority ;
iv. The Chief Inspector-cum-Facilitator may issue guidelines
relating to formulation of emergency plans. He may also direct
modifications of the emergency plan in respect of any factory
as may be necessary, from time to time.
(9) Disaster Control and Management Plan.—
i. The occupier of every factory carrying on a hazardous process
shall prepare a draft disaster control and management plan in
respect of his factory and submit the same to the
Chief Inspector-cum-Facilitator and the District Emergency
Authority ;
ii. The District Emergency Authority on receipt of the plan shall
hold consultation with the occupier, representatives of the
Chief Inspector, the State Pollution Control Board, local
authority as well as police, health fire brigade and other
authorities concerned and finalise the plan ;
iii. The District Emergency Authority shall forward a copy of the
final plan to the occupier and all authorities concerned. The
occupier shall intimate the workers the contents of the plan ;
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iv. The occupier in consultation with the District Emergency
Authority will arrange rehearsals of the plan at least once a
year ;
v. The Chief Inspector-cum-Facilitator may issue guidelines for
formulation of disaster control and management plans. The
Chief Inspector as well as the District Emergency Authority
may after mutual consultation also direct modifications of the
disaster control and management plan in respect of a factory
as may be necessary from time to time.
(10) Information on Industrial Wastes.—
i. The information furnished under sub rules (3), (5), (6) & (7) of
Rule 60 shall include the quantity of the solid and liquid wastes
generated per day, their characteristics and the method of
treatment such as incineration of solid wastes, chemical and
biological treatment of liquid wastes, and arrangements for their
final disposal ;
ii. It shall also include information on the quality and quantity of
gaseous waste discharged through the stacks or other openings,
and arrangements such as provision of scrubbers,
cyclone separators, electro-static precipitators or similar
such arrangements made for controlling pollution of the
environment ;
iii. The occupier shall also furnish the information prescribed in
the clause (i) and clause (ii) to the State Pollution Control Board.
(11)
Review of the Information furnished to workers etc.—
i.
The occupier shall review once in every calendar year and modify,
if necessary, the information furnished under sub-rule (3) to (7)
of Rule 60 to the workers, general public, local authority, Chief
Inspector and the District Emergency Authority ;
ii.
In the event of any change in the process or operations or methods
of work or when any new substance is introduced in the process
of in the event of a serious accident taking place, the information
so furnished shall be reviewed and modified to the extent
necessary ;
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(12) Confidentiality of information.—
(i) The occupier of a factory carrying on ‘hazardous process’
shall disclose all information needed for protecting safety and
health of the workers and the general public in the
neighbourhood—
a. His workers ;
b. District Emergency Authority ; and
c. Chief Inspector
as required under sub-rules (3), (6) and (7) of Rule 60. If the
occupier is of the opinion that the disclosure of details regarding
the process and formulations will adversely affect his business
interests, he may make a representation to the Chief Inspector-
cum-Facilitator stating the reasons for withholding such
information. The Chief Inspector-cum- Facilitator shall give an
opportunity to the occupier of being heard and pass an order on
the representation ;
(ii) An occupier aggrieved by an order of Chief Inspector-cum-
Facilitator may prefer an appeal before the Government of
Jammu and Kashmir within a period of 30 days. The Jammu
and Kashmir Government shall give an opportunity to the
occupier of being heard and pass an order. The order of the
Government shall be final.
61.
The conditions for accessibility of the record by the
workers under clause (a) of section 85.—(1) The occupier of every
factory carrying out a ‘hazardous process’ shall make accessible the health
records including the record of worker’s exposure to hazardous process or,
as the case may be, the medical records of any worker for his perusal
under the following conditions :—
i. Once in every six months or immediately after the medical
examination whichever is earlier ;
ii. If the factory Medical Officer or the Certifying Surgeon as the
case may be, is of the opinion that the worker has manifested
signs and symptoms of any notifiable disease as specified in
the Third Schedule of the Code ;
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iii. If the worker leaves the employment ;
iv. If any one of the following authorities so direct :—
- the Chief Inspector-cum-Facilitator ;
- the Health Authority of the Central or Government of Jammu
and Kashmir ;
- the Commissioner of Workmen’s Compensation ;
- the Director, Employees State Insurance Corporation
(Medical Benefits) ; and
- the Director General, Factory Advice Service and Labour
Institutes.
(2)
A copy of the up-to-date health records including the record of
worker’s exposure to hazardous process or, as the case may, the medical
records shall be supplied to the worker on receipt of an application from
him. X- ray plates and other medical diagnostic reports may also be made
available for reference to his medical practitioner.
62. The qualification and experience of persons handling
hazardous substance and manner of providing necessary facilities
for protecting the workers under clause (b) of section 85.— (1) All
persons who are required to supervise the handling of hazardous substances
shall possess the following qualifications and experience :—
i. A degree in Chemistry or Diploma in Chemical Engineering or
Technology with 5 years experience ; or
ii. A Master’s Degree in Chemistry or a Degree in Chemical
Engineering or Technology with 2 years experience ;
iii. The experience stipulated above shall be in process operation
and maintenance in the Chemical Industry ;
iv. The Chief Inspector-cum-Facilitator may require to undergo
training in Health and Safety for supervision.
(2) The syllabus and duration of the above training and the
organisations conducting the training shall be approved by the DGFASLI or
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the appropriate Government in accordance with the guidelines issued by
the DGFASLI.
63.
The manner of providing for medical examination of a
worker under sub-clause (ii) of clause (c) of section 85.—(1) Workers
employed in a ‘hazardous process’ shall be medically examined by a qualified
medical practitioner herein after referred to as a Factory Medical Officer,
in the following manner :—
i. Once before employment, to ascertain physical fitness of the
person to do the particular job ;
ii. Once in a period of 6 months, to ascertain the health status of
all the workers in respect of occupational health hazards to
which they are exposed and in cases wherein the opinion of
the Factory Medical Officer it is necessary to do so at a shorter
interval in respect of any workers ;
iii. The details of pre-employment and periodical medical
examination carried out as aforesaid shall be recorded in the
Health Register in the Form XXIV.
(2) No person shall be employed for the first time without a certificate
of fitness in Form XXIII granted by the Factory Medical Officer. If the
Factory Medical Officer declares a person unfit for being employed in any
process covered under sub-rule (1), such a person shall have the right to
appeal to the Inspector who shall refer the matter to the Certifying Surgeon
whose opinion shall be final in this regard. If the Inspector is also a Certifying
Surgeon, he may dispose of the application himself.
(3) Any findings of the Factory Medical Officer revealing any
abnormality or unsuitability of any person employed in the process shall
immediately be reported to the Certifying Surgeon who shall in turn, examine
the concerned worker and communicate his findings to the occupier within
30 days. If the Certifying Surgeon is of the opinion that the worker so
examined is required to be taken away from the process for health protection,
he will direct the occupier accordingly, who shall not employ the said worker
in the same process. However, the worker so taken away shall be provided
with alternate placement unless he is in the opinion of the Certifying Surgeon,
fully incapacitated in which case the worker affected shall be suitably
rehabilitated.
(4) A Certifying Surgeon on his own motion or on a reference from
an Inspector may conduct medical examination of a worker to ascertain
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the suitability of his employment in a hazardous process or for ascertaining
his health status. The opinion of the Certifying Surgeon in such a case shall
be final. The fee required for this medical examination shall be paid by the
occupier.
(5) The worker taken away from employment in any process under
sub-rule (2) may be employed again in the same process only after obtaining
the Fitness Certificate from the Certifying Surgeon and after making entries
to that effect in the Health Register.
(6) The worker required to undergo medical examination under these
rules and for any medical survey conducted by or on behalf of the Central
Government or the State Government shall not refuse to undergo such
medical examination.
64. The measures or standards under sub-section (1) of
section 86.—(1) Occupational Health Centres.—In respect of any
factory carrying on ‘hazardous process’, there shall be provided and
maintained in good order an Occupational Health Centre with the services
and facilities as per scale laid down hereunder :—
i. For factories employing up to 50 workers—
a. The services of a Factory Medical Officer on retainer-ship
basis, in his clinic to be notified by the occupier. He will
carry out the pre-employment and periodical medical
examination as stipulated in rule 61 and render medical
assistance during any emergency ;
b. A minimum of 5 persons trained in first-aid procedures
amongst whom at least one shall always be available during
the working period ;
c. A fully equipped first-aid box.
ii. For factories employing 51 to 200 workers–
a. An occupational Health Centre having a room with a
minimum floor area of 15 sq. mm with floors and walls made
of smooth and impervious surface and with adequate
illumination and ventilation as well as equipment as per the
Schedule-D ;
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b. A part-time Factory Medical Officer shall be in overall
charge of the Centre who shall visit the factory at least
twice in a week and whose services shall be readily available
during medical emergencies ;
c. One qualified and trained dresser-cum-compounder on duty
throughout the working period ;
d. A fully equipped first aid box in all the departments ;
iii. For Factories employing above 200 workers ;
a. One full-time Factory Medical Officer for factories
employing up to 500 workers and one more Medical Officer
for every additional 1000 workers or part thereof ;
b. An Occupational Health Centre having at least 2 rooms each
with a minimum floor area of 15 sq.metre with floors and
walls made of smooth and impervious surface and adequate
illumination and ventilation as well as equipment as per the
Schedule-D ;
c. There shall be one nurse, one dresser-cum-compounder and
one Sweeper-cum-Ward Boy through out the working
period ;
d. The Occupational Health Centre shall be suitably equipped
to manage medical emergencies.
(2)
The Factory Medical Officer required to be appointed under
clause (a) shall have qualifications included in Schedule to the Indian
Medical Degrees Act of 1916 or in the Schedules to the Indian Medical
Council Act,1956 and possess a Certificate of Training in Industrial Health
of minimum three months duration recognised by the Government of Jammu
and Kashmir :
Provided that–
(i) A person possessing a Diploma in Industrial Health or equivalent
shall not be required to possess the certificate of training as
aforesaid ;
(ii) The Chief Inspector-cum-Facilitator may, subject to such
conditions as he may specify, grant exemption from the
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requirement of this sub-rule, if in his opinion a suitable person
possessing the necessary qualification is not available for
appointment ;
(iii) In case of a person who has been working as a Factory Medical
Officer for a period of not less than 3 years on the date of
commencement of this rule, the Chief Inspector-cum-Facilitator
may, subject to the condition that the said person shall obtain
the aforesaid certificate of training within a period of three
years, relax the qualification.
(3)
The syllabus of the course leading to the above certificate, and
the organisations conducting the Course shall be approved by the Directorate
General of Factory Advice Service and Labour Institutes or the Government
of Jammu and Kashmir in accordance with the guidelines issued by the
DGFASLI.
(4)
Within one month of the appointment of a Factory Medical Officer,
the occupier of the Factory shall furnish to the Chief Inspector-cum-
Facilitator the following particulars :—
i.
Name and address of the Factory Medical Office ;
ii.
Qualifications ;
iii.
Experience, if any ; and
iv.
The sub-rule under which appointed.
(5) Ambulance Van—
(i) In any factory carrying on ‘hazardous process’, there shall
be provided and maintained in good condition, a suitably
constructed ambulance van equipped with items as per sub-
rule (5) and manned by a full time Driver- cum-Mechanic
and a Helper trained in first aid, for the purposes of
transportation of serious cases of accidents or sickness. The
ambulance van shall not be used for any purpose other than
the purpose stipulated herein and will normally be stationed
at or near to the Occupational Health Centre :
Provided that a factory employing less than 200 workers,
may make arrangements for procuring such facility at short
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notice from a nearby hospital or other places, to meet any
emergency.
(ii) The Ambulance should have the following equipment—
a. General
- A wheeled stretcher with folding and adjusting devices ;
with the head of the stretcher capable of being tilted
upward ;
- Fixed suction unit with equipment ;
- Fixed oxygen supply with equipment ;
- Pillow with case; -Sheets; - Blankets; -Towels ;
- Emesis bag; - Bed pan; - Urinal; -Glass
b. Safety equipment
- Flares with life of 30 minutes; - Floodlights ;
- Flash lights; -Fire extinguisher dry power type ;
- Insulated gauntlets
c.
Emergency Care Equipment Resuscitation
-
Portable suction unit; Portable oxygen units ;
-
Bag-valve-mask, hand operated artificial ventilation unit ;
-
Airways; -Mouth gags; - Tracheostomy adapters;
-
Short spine board; I.V. Fluids with administration unit;
-
B.P. Manometer; - Cunn;-Stethoscope
Immobilization
-
Long and short padded boards; - Wire ladder splints;
-
Triangular bandage; - Long and short spine boards
Dressings
-
Gauze pads – 4" x 4"; - Universal dressing 10" x 36",
-
Roll of aluminium foils; - Soft roller bandages 6" x 5 yards ;
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-
Adhesive tape in 3" roll; -Safety pins ;
-
Bandage sheets; - Burnsheet.
Poisoning
-
Syrup of Ipecae; - Activated Charcoal Pre-packeted in
dozes; - Snake bite kit ;
-
Drinking water
Emergency Medicines
-
As per requirement (under the advice of Medical Officer
only)
(6) Decontamination Facilities.—In every factory, carrying out
‘hazardous process’, the following provisions shall be made to meet
emergency :—
i.
fully equipped first aid box ;
ii.
readily accessible means of water for washing by workers
as well as for drenching the clothing of workers who have
been contaminated with hazardous and corrosive
substance; and such means shall be as per the scale shown
in the Table below :—
TABLE
S.
No. of persons employed
No. of drenching
No. at any time
showers
––––––––––––––––––––––––––––––––––––––––––––––––––––––
(i)
Up to 50 workers
2
(ii)
Between 51 to 200 workers
2+1 for every additional 50 or
part thereof
(iii) Between 201 to 500 workers
5+1 for every additional 100 or
part thereof
(iv) 501 workers and above
8 + 1 for every additional 200
or part thereof
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iii.
a sufficient number of eye wash bottles filled with distilled
water or suitable liquid, kept in boxes or cupboards
conveniently situated and clearly indicated by a distinctive
sign which shall be visible at all times.
65. Issue of Guidelines.—For the purpose of compliance with the
requirements under sub-sections (1), (4) and (7) of section 84 or section 85
of the Code, the Chief Inspector-cum-Facilitator may, if deem necessary,
issue guidelines from time to time to the occupiers of factories carrying on
‘hazardous process’. Such guidelines may be based on National Standards,
Codes of Practice, or recommendations of International Bodies such as
ILO and WHO.
66.
The value of the maximum permissible limit of exposure
of chemical and toxic substances in manufacturing process in any
factory under section 88.—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 Schedule-E.
67.
The appellate authority for appeal against the order of
Inspector-cum-Facilitator of factory and the manner of appeal under
section 90.–(1) An appeal presented under section 90 shall lie with the
Chief Inspector-cum-Facilitator in cases where the order appealed against
is an order passed by that officer, with the appropriate Government or with
such authority as the appropriate Government may appoint in this behalf
and shall be in the form of a memorandum setting forth concisely the grounds
of objection to the order and bearing court-fees stamp in accordance with
Article 11 of Schedule-II to the Court Fees Act, 1870, and shall be
accompanied by a copy of the order appealed against.
(2) On receipt of the memorandum of appeal, the appellate authority
shall, if it thinks fit or if the appellant has requested that the appeal should
be heard with the aid of assessors, call upon the body declared under
sub-rule (3) to be representative of the industry concerned, to appoint an
assessor within a period of 14 days. If an assessor is nominated by such
body, the appellate authority shall appoint a second assessor itself. It shall
then fix a date for the hearing of the appeal and shall give due notice of
such date to the appellant and to the Inspector-cum-Facilitator whose order
is appealed against, and shall call upon the two assessors to appear upon
such date to assist in the hearing of the appeal.
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(3) The appellant shall state in the memorandum presented under
sub-rule (1) whether he is a member of one or more of the following bodies.
The body empowered to appoint the assessor shall :—
(i) if the appellant is a member of one of such bodies, be that
body ;
(ii) if he is a member of two such bodies, be the body which the
appellant desired should appoint such assessor ; and
(iii) if the appellant is not a member of any of the aforesaid bodies
or if he does not state in the memorandum which of such bodies
he desires should appoint the assessor, be the body which the
appellant authority considers as the best fitted to represent the
industry concerned.
1......................................................
2......................................................
3......................................................
4......................................................
(4) An assessor appointed in accordance with the provisions of
sub-rules (2) and (3) shall receive, for the bearing of the appeal, a fee to be
fixed by the appellate authority, subject to a maximum of Rs........... per
diem. He shall also receive the actual travelling expenses. The fees and
travelling expenses shall be paid to the assessors by appropriate Government,
but where assessors have been appointed at the request of the appellant
and the appeal has been decided wholly or partly against him the appellate
authority may direct that the fees and travelling expenses of the assessors
shall be paid in whole or in part by the appellant.
68. Persons defined to hold positions of supervision or
management under clause (b) of sub-section (1) of section 91.—(1)
The following persons shall be deemed to hold positions of supervision or
management :—
(i) all persons specified in the Schedule-F ; and
(ii) any other person who, in the opinion of the Inspector-cum-
Facilitator, holds a position of supervision or management as
given in Schedule-G.
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(2) All timekeepers employed in a factory within the meaning of sub-
section (1) of section 2 shall be deemed to be employed in a confidential
position in the factory.
69. Exemptions under clause (b) of sub-section (1) of
section 91.—Adult workers engaged in factories specified in column 2 of
the Schedule-G on the work specified in column 3 of the said schedule shall
be exempted from the provisions of the sections specified in the column 4
subject to the conditions, if any, specified in column 5 of the said schedule.
CHAPTER X
Offences and Penalties
70. Manner of holding enquiry under sub-section (1) of
section 111.–The Government of Jammu and Kashmir may by notification
in the official gazette appoint any gazetted officer not below the rank of
Assistant Labour Commissioner having jurisdiction for holding enquiry and
imposing penalty in such manner as may be prescribed by the Central
Government under this section.
71. Form and manner of preferring appeal and the fee to
accompany such appeal under sub-section (3) of section 111.—
(1) The employer aggrieved by the order of Enquiry Officer, may appeal
against such order before the appellate officer appointed by the Government
of Jammu and Kashmir for such purpose within thirty days from the date of
receipt by him of such order, electronically or otherwise along with fee @
25% of penalty imposed to be deposited in the official account of the
Appellate Authority electronically or otherwise.
(2) Where the memorandum of appeal is in order, the appellate
authority shall admit the appeal, acknowledge it and intimate admission of
such appeal, and shall register the appeal in electronic form to be kept for
the purpose called the register of appeals.
(3) When the appeal has been admitted, the appellate authority shall
send the notice of the appeal to the enquiry officer, against whose order the
appeal has been preferred and the enquiry officer shall thereupon send the
records of the case to the appellate authority online electronically or
otherwise.
(4) On receipt of the appeal, the appellate authority shall send a notice
to the appellant to appear before him on such date and time as may be
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specified in the notice for the hearing of the appeal electronically or by
registered post.
(5) If on the date fixed for hearing, the appellant does not appear, the
appellate authority may dismiss the appeal for default of appearance of the
appellants by sending the copy of the order to the applicant electronically or
otherwise.
(6) Wherean appeal has been dismissed, the appellant may apply
electronically to the appellate authority for the restoration of the appeal
within thirty days from the date of receipt of the order and if the appellate
authority is satisfied that the appellant was prevented by sufficient cause
from appearing, the appellate authority shall restore the appeal subject to
costs at the discretion of the authority.
(7) The order of the Appellate Authority shall be communicated
electronically or by registered post to the appellant and copy thereof shall
be sent to the registering officer against whose order the appeal has been
preferred and shall be disposed of within a period of thirty days from the
date of receipt of appeal.
72.
Manner of compounding under sub-section (1) of
section 114.—(1) The officer notified by the Government of Jammu and
Kashmir for the purposes of compounding of offences under sub-section
(1) of section 114 shall issue electronically or otherwise, a compounding
notice for the offences which are compoundable under sub-section (1) of
section 114.
(2) The person so noticed may apply to the officer electronically or
otherwise and deposit the entire compounding amount by electronic transfer
or otherwise, within thirty days of the receipt of the notice.
(3) The Compounding Officer shall issue a composition certificate
within twenty days of receipt of the composition amount, to such person
from whom such amount has been received in satisfaction of the composition
notice.
(4) If a person so noticed fails to deposit the composition amount
within the one month before the institution of prosecution, the prosecution
shall be proceeded with before the Competent Court.
(5) No prosecution shall be instituted without giving an opportunity to
the employer to comply with such provisions subjected to proviso of
sub-section (1) of section 110 and compounding as under section 114.
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CHAPTER XI
Social Security Fund
73.
Other sources of fund under sub-section (2) of
section 115.–The Jammu and Kashmir Government may by notification
make separate rules for generating other sources of Jammu and Kashmir
Social Security Fund as under :—
(1) The Registration/Renewal fees collected from the
establishments under this code and any other labour law
enacted by the state legislature.
(2) The unclaimed amount presently lying in the official accounts
of all Assistant Labour Commissioners under Payment of
Wages Act, 1936, Payment of Gratuity Act, 1972, Minimum
Wages Act, 1948, Payment of Bonus Act, 1965, Employees
Compensation Act, 1923 etc.
(3) The unclaimed Security amount under Contract Labour
(Regulation and Abolition) Act, 1970/Inter-state Migrant
Workmen (RECS) Act, 1979.
(4) Any other resource as the Government of Jammu and
Kashmir may decide at any point of time.
74.
The manner of administering and expending the Fund
under sub-section (3) of section 115.—The Government of Jammu and
Kashmir in consultation with Jammu and Kashmir unorganized sector
workers welfare board may take steps required for the manner of
Administering the expenditure of the fund.
CHAPTER XII
Miscellaneous
75.
The form of application, manner of filing the application
and the fee to be accompanied therewith including the information
relating to the employment of Inter-State migrant workers under
sub-section (2) of section 119.—(1) If a contractor desirous of
obtaining licence for—
(i) supplying or engaging contract labour ; or
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(ii) undertaking or executing the contract works under
sub-section (1) or sub-section (2) of section 47 in more than
one districts or for the whole territory of Jammu and Kashmir,
then he shall apply electronically or otherwise on the official
portal of Labour Department, Government of Jammu and
Kashmir in Form-XIII to the licensing authority appointed by
the Government amongst the officers not below the rank of
Labour Commissioner, Government of Jammu and Kashmir.
(2) Application for single licence shall be submitted electronically or
otherwise to the authority notified in this behalf under sub-section (1) of
section 119 of this code.
(3) License issued under this rule shall be valid for five years.
(4) Copy or copies of the licence so issued shall be sent to the district
officers of the Labour Department in whose jurisdiction, the contract work
or works for which licence is issued, falls.
76. Actions, manner of taking actions and inquiry under
sub-section (3) of section 119.—Where the Authority referred to in
sub-section (3) of section 119 is satisfied that the common licence may be
issued in respect of factory, industrial premises and for construction
establishment engaging contract worker or any combination thereof, a single
licence for any one of them under these rules shall be issued in
Form– XIV electronically or otherwise within 45 days of the receipt of the
said application. In case the Authority rejects the registration application.
He shall assign the reasons for such rejections and communicate to the
party within the above-mentioned period electronically or otherwise as the
case may be.
77. The form of appeal, the fee to be accompanied there with
and the appellate authority under sub-section (6) of section 119.—
(1) Any person aggrieved by an order passed under this section by the
Authority referred to rule 72 shall prefer an appeal before the
Administrative Secretary, Labour and Employment Department,
Government of Jammu and Kashmir.
(2) The Application for the appeal shall be accompanied with the
rejection order of the Registering Authority and fee receipt of Rs. 1000/- to
be deposited in the official account of the Appellate Authority.
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78. The manner of survey under sub-section (2) of
section 121.—The committee as referred under sub-section (2) of section
121 shall be nominated and approved by the Government of Jammu and
Kashmir.
79.
Any other matter which is required to be, or may be,
prescribed under this code.—The Jammu and Kashmir Government
may at any time after publication of these rules make such amendments
and insertions as it deem proper by way of notification for carrying out any
of the provisions under this code.
–––––––
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Schedule-A
[See sub-rule (3) of rule 28
]
Sr.
Area/Field for which
Qualification Required
Experience for the Purpose
Facilities at his command
No.
competency is required
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(1)
(2)
(3)
(4)
(5)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
Stability of Buildings
Degree in Civil or Structural (i) A minimum of 07 years
Engineering or equivalent
of experience of design or
or above
construction or testing and
repairs of structures ;
(ii) Knowledge of non-destructive
testing, various & current
codes of practice and the
effect of vibrations and
natural forces on the stability
of the building ; and
(iii) Ability to arrive at a reliable
conclusion with regard to
the safety of the structure
of the building.
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2
Dangerous Machines
Degree in Electrical or
(i) A minimum of 07 years of
Gauges for measurement,
Mechanical or Textile
experience in—
instruments for measuring
Engineering or its equivalent
(a) design or operation and speed and any other
qualifications or above
maintenance ; or
equipment or device to
(b) testing, examination
determine the safety in
and inspection of
the use of dangerous
relevant machinery,
machines.
their guards, safety
devices and appliances.
(ii) He shall—
(a) be conversant with safety
devices and their proper
functioning ;
(b) be able to identify defects
and any other cause
leading to failure ;
(c) and ability to arrive at a
reliable conclusion with
regard to the proper
function of safety device
and appliance and
machine guard.
3
Lifts and Hoists
Degree in Electrical and/or
(i) A minimum of 07 years Facilities for load testing,
Mechanical Engineering
of experience in—
tensile testing, gauges.
or its equivalent or above
(a) design or operation
Other equipments for
or maintenance of
measurement and for
lifts and hoists ;
determining the safe
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(ii) He shall be
working conditions of
conversant with—
hoists and lifts.
(a) testing, examination
and inspection of
lifts and hoists and
conversant with
current codes and
other statutory
requirements and
such procedures ;
(b) able to identify
defects and arrive
at a reliable
conclusion with
regards to the safety
of hoists and lifts.
4
Lifting Machinery
Degree in Electrical/or
(i) A minimum experience of
Facilities for load testing,
and Lifting Tackles
Mechanical/or Metallurgical
07 years in—
tensile testing, heat
Engineering or its equivalent
(a) design or erection or
treatment, equipments for
or above
operation/maintenance ; measurement, gauges and
(b) testing, examination
such other equipments to
and inspection of
determine the safe
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(1)
(2)
(3)
(4)
(5)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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lifting machinery, chains,working conditions of
ropes, lifting tackles.
lifting machinery tackles.
(ii) He shall be—
(a) conversant with current
relevant codes of
practices and test
procedures ;
(b) conversant with fracture
mechanics and
metallurgy of the material
of construction ;
(c) conversant with heat
treatment/stress relieving
techniques ;
(d) able to identify defects and
arrive at a reliable
conclusion with regards
to the safety such
equipments.
5
Pressure Plant
Degree in Chemical or
(i) A minimum experience of
Facilities for carrying out
Mechanical or Electrical or
07 years in—
hydraulic test, non-
Metallurgical Engineering
(a) design or erection or
destructive test, gauge,
or its equivalent or above
maintenance of
equipment/gadgets for
the same ;
measurement and any
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(b) testing, examination
other equipment or gauges
and inspection of
to determine the safety
pressure plants.
in the use of pressure
(ii) He shall be—
vessels.
(a) conversant with relevant
codes of practices,
statutory requirements
and test procedures
relating to pressure
vessels ;
(b) conversant with non-
destructive testing
techniques of pressure
vessels ;
(c) able to identify defects
and arrive at a reliable
conclusion with regards
to the safety of the
pressure plant
6
Precautions against
Master’s degree in
(i) A minimum experience of
Meters, instruments and
dangerous fumes
Chemistry or degree in
07 years in collection
devices duly calibrated for
Chemical Engineering or
and analysis of
carrying out the tests and
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(1)
(2)
(3)
(4)
(5)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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their equivalent or above
environmental samples
certification of safety in
and calibration of
working in confined spaces.
monitoring equipment ;
(ii) He shall be—
(a) conversant with the
hazardous properties
of the chemicals and
their permissible values ;
(b) conversant with current
techniques of sampling
and analysis of
environmental
contaminants ;
(c) able to arrive at a
reliable conclusion as
regard the safety in
respect of entering and
carrying out hot work.
7
Ventilation system as
Degree in Chemical or
(i) A minimum experience
Facilities for testing of the
may be required for—
Mechanical or Metallurgical
of 07 years in design,
ventilation systems,
(i) grinding and glazing
Engineering or its equivalent
fabrication, installation
instruments and gauges
of metals and
or above
or testing of ventilation
for testing the effectiveness
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processes incidental
system and their
of the extraction systems
thereto ;
equivalent systems used
for dusts, vapours, fumes.
(ii) Cleaning or
for extraction and
Other equipments needed
smoothening or
collection for dusts,
for determining the
roughening etc. of
fumes, vapours and
efficiency and adequacy of
articles by a jet
ancillary equipments ;
these systems. He shall
sand, metal shot or
(ii) He shall be conversant
have assistance of suitable
grit ;
with current relevant
qualified technical persons
(iii) Other processes
codes of practice and
who can come to a
propelled by a blast
test procedures in
reasonable conclusion as to
of compressed air
respect of ventilation
the adequacy of the system.
or steam ;
and extraction system
(iv) Handling and
for fumes and shall be
processing of
able to arrive at a
asbestos ;
reliable conclusion with
(v) Manufacture of rayon
regard to effectiveness
by viscose process ;
of the system.
(vi) Foundry operations.
––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(1)
(2)
(3)
(4)
(5)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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Schedule-B
(See rule 32 and rule 34)
Schedules (B-I to B-XXVII) Specifying Requirements in respect
of Dangerous Processes and Operations Notified in Rule 58
under section 82 of the Occupational Safety, Health and Working
Conditions Code, 2020.
(See Rule-58)
Schedule B-I
Manufacture of aerated waters and processes incidental thereto
a. Fencing of machines.—All machines for filling bottles or
syphons shall be so constructed, placed or fenced, as to prevent,
as far as may be practicable, a fragment of a bursting bottle or
syphon form striking any person employed in the factory ;
b. Face guards and gauntlets.—
(I) The occupier shall provide and maintain in good condition for
the use of all persons engaged in filling bottles or syphons—
(a) suitable face guards to protect the face, neck and throat ;
and
(b) suitable gauntlets for both arms to protect the whole hand
and arms :
Provided that—
i. paragraph b (I) shall not apply where bottles are filled by
means of an automatic machine so constructed that no
fragment of a bursting bottle can escape ;
ii. Where a machine is so constructed that only one arm of
the bottler at work up to it is exposed to danger, a gauntlet
need not be provided for the arm which is not exposed to
danger.
II. The Occupier shall provide and maintain in good condition for
the use of all persons engaged in corking, crowning, screwing,
wiring, foiling, capsuling, sighting or labelling bottles or
syphons—
(a) suitable face-guards to protect the face, neck and throat ;
and
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(b) suitable gauntlets for both arms to protect the arm and at
least half of the palm and the space between the thumb and
forefinger ;
c. Wearing of face guards and gauntlets.—All persons
engaged in any of the processes specified in paragraph b of
this schedule shall, while at work in such processes, wear the
face guards and gauntlets provided under the provisions of the
said paragraph.
–––––––
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Schedule B-II
Electrolytic plating or oxidation of metal articles by use of an
electrolyte containing acids, bases or salts of metals such as
chromium, nickel, cadmium, zinc, copper, silver, gold etc.
1. Definitions.—For the purposes of this Schedule–
(a) “electrolytic process” means the electrolytic plating or oxidation
of metal articles by the use of an electrolyte containing acids,
bases or salts of metals such as chromium, nickel, cadmium,
zinc, copper, silver, gold, etc. ;
(b) “bath” means any vessel used for an electrolytic process or
for any subsequent process ; and
(c) “Employed” means employed in any process involving contact
with liquid from a bath.
2. Exhaust draught.—
(a) an efficient exhaust draught shall be applied to every vessel in
which an electrolytic process is carried on ;
(b) The draught shall be provided by mechanical means and shall
operate on the vapour or spray given off in the process as near
as may be at the point of origin ;
(c) The exhaust draught appliance shall be so constructed, arranged
and maintained as to prevent the vapour or spray entering into
any room or place in which work is carried on.
3. Prohibition relating to women and young persons.—
No women, adolescent or child shall be employed or permitted to work at a
bath.
4. Floor of workrooms.—The floor of every workroom containing
a bath shall be impervious to water. The floor shall be maintained in good
and level condition and shall be washed down at least once a day.
5. Protective devices.—
I. The occupier shall provide and maintain in good and clean
condition the following articles of protective devices for the
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use of all persons employed on any process at which they are
liable to come in contact with liquid from a bath and such devices
shall be worn by the persons concerned—
(a) waterproof aprons and bibs ; and
(b) for persons actually working at a bath, loose fitting rubber
gloves and rubber boots or other waterproof footwear, and
chemical goggles.
II. The occupier shall provide and maintain for the use of all persons
employed suitable accommodation for the storage and drying
of protective devices.
6. Water facilities.—
I. There shall be provided and maintained in good repairs for the
use of all persons employed in electrolytic process and processes
incidental to it—
(a) a wash place under cover, with either—
i. a trough with a smooth impervious surface filled with a
waste pipe, and of sufficient length to allow at least
60 cms for every 5 persons employed at any one time,
and having a constant supply of water from taps or jets
above the trough at intervals of not more than 60 cms ; or
ii. at least one wash basis for every five such persons
employed at any one time, fitted with a waste pipe and
having a constant supply of water laid on.
(b) a sufficient supply of clean towels renewed daily, and soap
or other suitable cleaning material.
II. In addition to the facility in sub-paragraph 1, an approved type
emergency shower with eye fountain shall be provided and
maintained in good working order. Whenever necessary, in order
to ensure continuous water supply, storage tank of 1500 litres
capacity shall be provided as a source of clean water for
emergency use.
7. Cautionary placard.—A cautionary placard in the form specified
below and printed in the language of the majority of the workers employed
shall be affixed in a prominent place in the factory where it can be easily
and conveniently read by the workers.
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Cautionary Notice
Electrolytic Plating
1. Chemicals handled in this plant are corrosive and poisonous ;
2. Smoking, chewing tobacco, eating food or drinking, in this area
is prohibited. No food stuff or drink shall be brought in this
area;
3. Some of these chemicals may be absorbed through the skin
and may cause poisoning ;
4. A good wash shall be taken before meals ;
5. Protective devices supplied shall be used while working in this
area ;
6. Spillage of the chemicals on any part of the body or on the
floor shall be immediately washed away with water ;
7. All workers shall report for the prescribed medical tests
regularly to protect their own health ;
8. Medical facilities and records of examinations and
tests.—(1) The occupier of every factory in which electrolytic
processes are carried on shall—
(a) employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
appointment shall be subject to the approval of the Chief
Inspector-cum-Facilitator ;
(b) Provide to the said medical practitioner all the necessary
facilities for the purpose referred to in clause (a) ; and
(c) maintain a sufficient supply of suitable barrier cream, ointment
and impermeable water proof plaster in a separate box readily
accessible to the workers ad used solely for the purpose of
keeping these substances. In case cyanides are used in the
both, the box shall also contain an emergency cyanide kit.
(2) The medical practitioner shall examine all workers before they
are employed in electrolytic processes. Such examination in
case of chrome plating shall include inspection of hands,
forearms and nose and will be carried out once at least in
every fortnight.
(3) The record of the examinations referred to in
sub-paragraph (2) shall be maintained in a separate register
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approved by Chief Inspector-cum-Facilitator which shall be
kept readily available for inspection by the Inspector-cum-
Facilitator.
9. Medical examination by the Certifying Surgeon—
I. Every worker employed in the electrolytic processes shall
be examined by a Certifying Surgeon before his first
employment. Such examination shall include X-ray of the
chest and—
(a) in case of chromium plating include examination for nasal
septum perforation and test for chromium in urine ;
(b) in case of nickel platting, test for nickel in urine ; and
(c) in case of cadmium plating, test for cadmium in urine
and -2 microglobulin in urine.
II. No worker shall be employed in any electrolytic process
unless certified fit for such employment by the Certifying
Surgeon.
III. Every worker employed in the electrolytic processes shall
be re-examined by a Certifying Surgeon at least once in
every year, except in case of the workers employed in
cadmium, chromium and nickel plating processes for whom
this examination shall be carried out once in every six months.
Such re-examination shall, wherever the Certifying Surgeon
considers appropriate, include tests as specified under sub-
paragraph (I) excluding the X-ray of the chest which shall
not be required normally to be carried out earlier then once
in three years.
IV. The certifying surgeon after examining a worker, shall issue
a Certificate of Fitness in Form XXIII. The record of
examination and re-examinations carried out shall be kept
in the custody of the manager of the factory. The record of
each examination carried out under sub-paragraphs (I) and
(II) including the nature and the results of the tests, shall
also be entered by the Certifying Surgeon in a health register
in Form XXIV.
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V. The certificate of fitness and the health register shall be
kept readily available for inspection by the Inspector-cum-
Facilitator.
VI. If at any time the Certifying Surgeon is of the opinion that a
worker is no longer fit for employment in the electrolytic
processes on the ground that continuance therein would
involve danger to the health of the worker, he shall make a
record of his findings in the said certificate and the health
register. The entry of his findings in those documents should
also include the period for which he considers that the said
person is unfit for work in the said processes. The person
declared unfit in such circumstances shall be provided with
alternate placement facility unless he is fully incapacitated
in the opinion of the Certifying Surgeon in which case the
person affected shall be suitably rehabilitated.
VII. No person who has been found unfit to work as said in sub-
paragraph (VI) shall be re-employed or permitted to work
in the said processes unless the Certifying Surgeon after
further examination, again certifies him fit for employment
in these processes.
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Schedule B-III
Manufacture and repair of electric accumulators
1.
Savings.—This schedule shall not apply to the manufacture or
repair of electric accumulators or parts thereof not containing lead or any
compound of lead ; or to the repair on the premises, of any accumulator
forming part of a stationary battery.
2. Definitions.—For the purposes of this schedule,—
(a) “Lead process” means the melting of lead or any material
containing lead, casting, pasting, lead burning, or any other work,
including trimming, or any other abrading or cutting of pasted
plates, involving the use, movement or manipulation of or
contact with, any oxide of lead ;
(b) “manipulation of raw oxide of lead” means any lead process
involving any manipulation or movement of raw oxides of lead
other than its conveyance in a receptacle or by means of an
implement from one operation to another.
3.
Prohibition relating to women and young persons.—
No women or young person shall be employed or permitted to work in any
lead process or in any room in which the manipulation of raw oxide of lead
or pasting is carried on.
4. Separation of certain processes.—Each of the following
processes shall be carried on in such a manner and under such conditions
as to secure effectual separation from one another , and from other
processes :—
(a) manipulation of raw oxide of lead ;
(b) pasting ;
(c) drying of pasted plates ;
(d) formation with lead turning (tacking) necessarily carried on in
connection therewith ; and
(e) melting down of pasted plates.
5.
Air space - In every room in which a lead process is carried on,
there shall be at least 14.2 cubic meters of air space for each person employed
therein, and in computing this air space no height over 3.65 meters shall be
taken into account.
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6.
Ventilation.—Every workroom shall be provided with inlets and
outlets of adequate size as to secure and maintain efficient ventilation in all
parts of the room.
7.
Distance between workers in pasting room.—In every
pasting room the distance between the centre of the working position of
any paster and that of the paster working nearest to him shall not be less
than 1.5 meters.
8.
Floor of workrooms.—
I. The floor of every room in which lead process is carried on
shall be—
(a) of cement or similar material so as to be smooth and
impervious to water ;
(b) maintained in sound condition ; and
(c) kept free from materials, plant, or other obstructions not
required for, or produced in, the process carried on in the
room.
II. In all such rooms other than grid casting shops the floor shall
be cleansed daily after being thoroughly sprayed with water at
a time when no other work is being carried on in the room.
III. In grid casting shops the floor shall be cleansed daily.
IV. Without prejudice to the requirements of sub-paragraphs (I),
(II) and (III), where manipulation of raw oxide of lead or pasting
is carried on, the floor shall also be—
(a) kept constantly moist while work is being done ;
(b) provided with suitable and adequate arrangements for
drainage ; and
(c) Thoroughly washed daily by means of hose pipe.
9. Work-benches.—The work-benches at which any lead process
is carried on shall—
(a) have a smooth surface and be maintained in sound condition ;
(b) be kept free from all materials or plant not required for, or
produced in, the process carried out there at ; and all such
work- benches other than those in grid casting shops shall be
cleaned daily either after being thoroughly damped or by means
of suction cleaning apparatus at the time when no other work
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being carried on there at; and all such work-benches in grid
casting shops shall be cleaned daily; and every work-bench
used for pasting shall—
i. be covered throughout with sheet lead and other
impervious material ;
ii. be provided with raised edges ;
iii. be kept constantly moist while pasting being carried on.
10.
Exhaust draught.—The following provisions shall not be carried
on without the use of an efficient exhaust draught :—
(a) Melting of lead or material containing lead ;
(b) Manipulation of raw oxide of lead unless done in an
enclosed apparatus so as to prevent the escape of dust into
work-room ;
(c) Pasting ;
(d) Trimming, brushing, filing or any other abrading or cutting or
pasted plates giving rise to dust ;
(e) Lead burning other than—
i. “tacking” in the formation room ;
ii. Chemical burning for making of lead linings for cell cases
necessarily carried on in such a manner that the
application of efficient exhaught is impracticable. Such
exhaust draught shall be affected by mechanical means
and shall operate on the dust or fume given off as nearly
as may be at the point of reason so as to prevent it
entering the air of any room in which person’s works.
11.
Fumes and gasses from melting pots.—The products of
combustion produced in the heating of any melting pot shall not be allowed
to escape into a room in which persons work.
12.
Containers for dross.—A suitable receptacle with tightly fitting
cover shall be provided and used for dross as it is removed from every
melting pot. Such receptacle shall be kept covered while in the work room
except when dross is being deposited therein.
13.
Container for lead waste.—A suitable receptacle shall be
provided in every work room in which old plates and waste material which
may give rise to shall be deposited.
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14.
Racks and shelves drying room.—
(a) The racks and shelves provided in any drying room shall not be
more than 2.4 m from the floor and not more than 60 cm in
width :
Provided that as regards racks or shelves set or drawn from
both sides the total width shall not exceed 120 cm.
(b) Such racks and shelves shall be cleaned only after being
thoroughly damped unless so efficient suction cleaning
apparatus is used for this purpose.
15.
Protective clothing.—
I. Protective clothing shall be provided and maintained in good
condition for all person employed in—
(a) Manipulation of raw oxide of lead ;
(b) Pasting ;
(c) The formation room ;
and such clothing shall be worn by the person concerned.
II. The protective clothing shall consist of a water-proof apron
and water-proof footwear ; and also as required persons
employed in the manipulation of raw oxide of lead or in the
pasting the head covering shall be washed daily.
16.
Mess room.—There shall be provided and maintained for the
use of all persons employed in a lead process and remaining on the premises
during the meal intervals, a suitable mess room which shall be furnished
with sufficient tables and benches. The mess room shall be placed under
the charge of a responsible person and shall be kept clean.
17.
Cloak room.—There shall be provided and maintained for the
use of all persons employed in a lead process—
(a) a cloak room for clothing put-off during working hours with
adequate arrangements for drying the clothes, if wet. Such
accommodation shall be separate from mess room ;
(b) separate and suitable arrangements for the storage of protective
clothing provided as per sub-rule (15).
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18.
Washing facilities.—(1) There shall be provided and
maintained in a cleanly state and in good repair for the use of all persons
employed in a lead process—
(a) a wash place with either–
i. a trough with a smooth impervious surface fitted with a
waste pipe without plug, and of sufficient length to allow
at least 60 centimetres for every five such persons
employed at any one time, and having a constant supply
of water from taps or jets above the trough at intervals of
not more than 60 centimetres ; or
ii. at least one wash basin for every five such persons
employed at any one time, fitted with a waste pipe and
plug and having a adequate supply of water laid on ;
iii. a sufficient supply of clean towels made of suitable
materials renewed daily, which supply in case of pasters
and person employed in manipulation of raw oxide of lead
shall include a separate marked towel for each worker ;
and
iv. a sufficient supply of soap or other suitable cleansing
material and of nail brushes.
(b) There shall in addition be provided means of washing in close
proximity to the rooms in which manipulation of raw oxide of
lead or pasting is carried on if required by notice in writing
from the Chief Inspector-cum-Facilitator.
19.
Time allowed for washing.—Before each meal and before
the end of the day’s work, at least ten minutes, in addition to the regular
meal times, shall be allowed for washing to each person employed in the
manipulation of raw oxide of lead or in pasting :
Provided that if there be one basin or 60 centimeters of trough for
each such person, this paragraph shall not apply.
20.
Facilities for bathing.—Sufficient bath accommodation to the
satisfaction of the Chief Inspector-cum-Facilitator shall be provided to all
the persons engaged in manipulation of raw oxide of lead or in pasting and
a sufficient supply of soap and clean towels.
21.
Foods, drinks etc. prohibited in work-rooms.—No food,
drink, pan and supari or tobacco shall be consumed or brought by any
worker into any work-room in which any lead process is carried on.
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22.
Medical facilities and records of medical examination and
tests.—
I. The occupier of every factory in which manufacture and repair
of electric accumulators is carried on shall–
(a) Employ a qualified medical practitioner for medical
surveillance of the workers employed there in whose
employment shall be subject to the approval of chief
inspector ; and
(b) Provide to the set medical practitioner all necessary
facilities for the purpose referred to in clause (a).
II. The record of medical examinations and appropriate test carried
out by the said medical practitioner shall be maintained in a
separate register approved by the chief inspector and such
register shall be kept readily available for inspection by the
inspector.
23. Medical examination by the Certifying Surgeon.—
I. Every worker employed in a lead processes shall be examined
by a Certifying Surgeon within 15 days of his first employment.
Such examination shall include test for lead in urine and blood,
ALA in urine, hemoglobin content, stippling of cells and
steadiness test. No worker shall be allowed to work after 15
days of his first employment in the factory unless certified fit
for such employment by the Certifying Surgeon ;
II. Every worker employed in the said processes shall be re-
examined by a Certifying Surgeon at least once in every 3
calendar months and such re-examination shall, wherever the
Certifying Surgeon considers appropriate, include tests specified
in sub-paragraph (I) ;
III. The Certifying Surgeon after examining a worker shall issue a
Certificate of Fitness in Form XXIII. The record of examination
and re-examinations carried out shall be entered in the
Certificate and the Certificate shall be kept in the custody of
the manager of the factory. The record of each examination
carried out under sub-paragraphs (I) and (II), including the
nature and the results of the tests, shall also be entered by the
Certifying Surgeon in a health register in Form XXIV ;
IV. The Certificate of Fitness and the health register shall be kept
readily available for inspection by the Inspector ;
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V. If at any time the Certifying Surgeon is of the opinion that a
worker is no longer fit for employment in the said processes on
the ground that continuance therein would involve special danger
to the health of the worker he shall make record of his findings
in the said certificate and the health register. The entry of his
findings in those documents should also include the period for
which he considers that the said person is unfit for work in the
said processes ;
VI. No person who has been found unfit to work as said in sub-
paragraph (V) shall be re-employed or permitted to work in
the said processes unless the Certifying Surgeon, after further
examination, again certifies him fit for employment in those
processes.
Schedule B-IV
Glass Manufacture
1. Definitions.—For the purpose of this schedule—
(a) “efficient exhaust draught” means localised ventilation effected
by mechanical means for the removal of gas, vapour, dust or
fumes so as to prevent them (as far as practicable under the
atmospheric conditions usually prevailing) from escaping into
the air of any place in which work is carried on. No draught
shall be deemed efficient which fails to remove smoke
generated at the point where such gas, vapour, fume, or dust
originate ;
(b) “lead compound” means any compound of lead other than
galena which, when treated in the manner described below,
yields to an aqueous solution of hydrochloric acid a quantity
soluble lead compound exceeding, when calculated as lead
monoxide, five per cent of the dry weight of the portion taken
analysis.
The method of treatment shall be as follows :—
A weighed quantity of the material which has been dried at
100 degrees centigrade and thoroughly mixed shall be
continuously shaken for one hour at the common temperature
with 1,000 times its weight of an aqueous solution of
hydrochloric acid containing 0.25 per cent by weight of
hydrogen chloride. This solution shall thereafter be allowed
to stand for one hour and then filtered. The lead salt contained
in the clear filtrate shall then be precipitated as lead sulphide
and weighed as lead sulphate.
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2.
Exhaust draught.—The following processes shall not be carried
on except under an efficient exhaust draught or such other conditions as
may be approved by the Chief Inspector-cum-Facilitator :—
(a) the mixing of raw materials to form a “Bator” ;
(b) the dry grinding, glazing and polishing of glass or any article of
glass ;
(c) all processes in which hydrofluoric acid fumes or ammonical
vapours are given off ;
(d) all processes in the making of furnace moulds or “pots” including
the grinding or crushing of used “pots” ; and
(e) All processes involving the use of a dry lead compound.
3.
Prohibition relating to women and young person.—
No woman or young person shall be employed or permitted to work in any
of the operations specified in paragraph 2 or at any place where such
operations are carried on.
4.
Floor and work-benches.—The floor and work-benches of
every room in which a dry compound of lead is manipulated or in which any
process is carried on giving off silica dust shall be kept moist and shall
comply with the following requirements :—
(a) The floor shall be—
i. of cement or similar material so as to be smooth and
impervious to water ;
ii. maintained in sound condition ; and
iii. cleansed daily after being thoroughly spread with water
at a time when no other work is being carried on the
room ; and
(b) The work-benches shall—
i. have a smooth surface and be maintained in sound
condition ; and
ii. cleansed daily either after being thoroughly damped or
by means of a suction cleaning apparatus at a time when
no other work is being carried on thereat.
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5.
Use of hydrofluoric acid.—The following provisions shall apply
to rooms in which glass is treated with hydrofluoric acid :—
(a) there shall be inlets and outlets of adequate size so as to secure
and maintain efficient ventilation in all parts of the room ;
(b) the floor shall be covered with gutta-percha and be tight and
shall slope gently down to a covered drain;
(c) the workplaces shall be so enclosed in projecting hoods that
openings required for the bringing in the objects to be treated
shall be as small as practicable; and
(d) The efficient exhaust draught shall be so contrived that the gases
are exhausted downwards.
6.
Storage and transport of hydrofluoric acid.—Hydrofluoric
acid shall not be stored or transported except in cylinders or receptacles
made of lead or rubber.
7.
Blow pipes.—Every glass blower shall be provided with a
separate blow pipe bearing the distinguishing mark of the person to whom
it is issued and suitable facilities shall be readily available to every glass
blower for sterilising his blow pipe.
8.
Food, drinks, etc., prohibited in workrooms.—No food,
drink, pan and supari or tobacco shall be brought into or consumed by any
worker in any room or workplace wherein any process specified in
paragraph 2 is carried on.
9.
Protective clothing.—The occupier shall provide, maintain in
good repair and keep in a clean condition for the use of all persons employed
in the processes specified in paragraph 2 suitable protective clothing,
footwear and goggles according to the nature of the work and such clothing,
footwear, etc. shall be worn by the persons concerned.
10.
Washing facilities.—There shall be provided and maintained
in a cleanly state and in good repair for the use of all persons employed in
the processes specified in paragraph 2—
(a) a wash place with either–
i. a trough with a smooth impervious surface fitted with a
waste pipe, without plug, and of sufficient length to allow
of at least 60 centimetres for every five such persons
employed at any one time, and having a constant supply
of water from taps or jets above the trough at intervals of
not more than 60 centimetres ; or
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ii. at least one wash basin for every five such persons
employed at any one time, fitted with a waste pipe and
plug and having an adequate supply of water laid on or
always readily available ;
(b) a sufficient supply of clean towels made of suitable
material renewed daily with sufficient supply of soap or
other suitable cleansing material and of nail brushes ; and
(c) a sufficient number of stand pipes with taps the number
and location of which shall be to the satisfaction of the
Chief Inspector-cum-Facilitator.
11.
Medical facilities and record of examinations and tests.—
I.
The occupier of every factory in which glass manufacturing
processes are carried out, shall—
(a) employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
appointment shall be subject to the approval of the Chief
Inspector-cum-Facilitator ; and
(b) Provide to the said medical practitioner all the necessary
facilities for the purpose referred to in clause (a).
II. The records of medical examinations and appropriate tests carried
out by the said medical practitioner shall be maintained in a
separate register approved by the Chief Inspector-cum-Facilitator,
which shall be kept readily available for inspection by the
Inspector-cum-Facilitator.
12.
Medical Examination by Certifying Surgeon.—
I.
Every worker employed in processes specified in paragraph 2
shall be examined by the Certifying Surgeon within 15 days of
his first employment. Such examination shall include pulmonary
function tests and in suspected cases chest X-ray as well as
tests for lead and urine. No worker shall be allowed to work
after 15 days of first employment in the factory unless certified
for such employment by the Certifying Surgeon ;
II.
Every worker employed in the said processes shall be re-
examined by the Certifying Surgeon at least once in every twelve
calendar months. Such re-examination shall, wherever the
Certifying Surgeon considers appropriate, include tests as
specified in sub-paragraph (I).
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III.
The Certifying Surgeon after examining a worker, shall issue a
Certificate of Fitness in Form XXIII. The record of examination
and re-examination carried out shall be entered in the Certificate
and the Certificate shall be kept in the custody of the manager
of the factory. The record of each examination carried out
under sub-paragraph (I) and (II), including the nature and the
results of the tests, shall also be entered by the Certifying
Surgeon in a health register in Form XXIV.
IV.
The Certificate of Fitness and the health register shall be kept
readily available for inspection by the Inspector.
V.
If at any time the Certifying Surgeon is of the opinion that a
worker is no longer fit for employment in the said processes on
the ground that continuance therein would involve special danger
to the health of worker, he shall make a record of his findings
in the said certificate and the health register. The entry of his
findings in those documents should also include the period for
which he considers that the said person is unfit for work in the
said processes. The person so suspended from the process
shall be provided with alternate placement facilities unless he
is fully incapacitated in the opinion of the Certifying Surgeon,
in which the person affected shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in sub-
paragraph (V) shall be re-employed or permitted to work in
the said processes unless the Certifying Surgeon , after further
examination, again certifies him fit for employment in those
processes.
13.
Exemption- If the Chief Inspector-cum-Facilitator is satisfied
in respect of any factory or any class of process that, owing to
the special methods of work or the special conditions in a factory
or otherwise, any of the requirements of this Schedule Ban be
suspended or relaxed without danger to the persons employed
therein, or that the application of this schedule or any part thereof
is for any reason impracticable, he may by certificate in writing
authorize such suspension or relaxation as may be indicated in
the certificate for such period and on such conditions as he
may think fit.
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Schedule B-V
Grinding or glazing of metals and processes incidental thereto
1.
Exception.—
(a) Nothing in this schedule shall apply to any factory in which only
repairs are carried on except any part thereof in which one or
more persons are wholly or mainly employed in the grinding or
glazing of metals ;
(b) Nothing in this schedule except paragraph 4 shall apply to any
grinding or glazing of metals carried on intermittently and at which
no person is employed for more than 12 hours in any week.
2.
Definitions.—For the purposes of this schedule—
(a) “grindstone” means a grindstone composed of natural or
manufactured sandstone but does not include a metal wheel or
cylinder into which blocks of natural or manufactured sandstone
are fitted ;
(b) “abrasive wheel” means a wheel manufactured of bonded emery
or similar abrasive ;
(c) “grinding” means the abrasion, by aid of mechanical power, of
metal, by means of a grindstone or abrasive wheel ;
(d) “glazing” means the abrading, polishing or finishing, by aid of
mechanical power, of metal, by means of any wheel, buff, mop
or similar appliance to which any abrading or polishing substance
is attached or applied ;
(e) “racing” means the turning up, cutting or dressing of a revolving
grindstone before it is brought into use for the first time ;
(f) “hacking’ means the chipping of the surface of a grindstone by a
hack or similar tool ; and
(g) “rodding” means the dressing of the surface of a revolving
grindstone by the application of a rod, bar or strip of metal to
such surface.
3.
Equipment for removal of dust.—No racing, dry grinding or
glazing shall be performed without –
(a) a hood or other appliance so constructed, arranged, placed
and maintained as substantially to intercept the dust thrown
off ;
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(b) a duct of adequate size, air tight and so arranged as to be
capable of carrying away the dust, which duct shall be kept
free from obstruction and shall be provided with proper means
of access for inspection and cleaning, and where practicable,
with a connection at the end remote from the fan to enable
the Inspector to attach thereto any instrument necessary for
ascertaining the pressure of air in the said duct; and
(c) a fan or other efficient means of producing a draught sufficient
to extract the dust :
Provided that the Chief Inspector-cum-Facilitator may accept
any other appliance that is, in his opinion, as effectual for the
interception, removal and disposal of dust thrown off as a
hood, duct and fan would be.
4.
Restriction on employment on grinding operations.—Not
more than one person shall at any time perform the actual process of grinding
or glazing upon a grindstone, abrasive wheel or glazing appliance :
Provided that this paragraph shall not prohibit the employment of
persons to assist in the manipulation of heavy or bulky articles at any such
grindstone, abrasive wheel or glazing appliance.
5.
Glazing.—Glazing or other processes, except processes
incidental to wet grinding upon a grindstone shall not be carried on in any
room in which wet grinding upon a grindstone is done.
6.
Hacking and rodding.—Hacking or rodding shall not be done
unless during the process either an adequate supply of water is laid on at
the upper surface of the grindstone or adequate appliances for the
interception of dust are provided in accordance with the requirements of
paragraph 3.
7.
Examination of dust equipment.—All equipment for the
extraction or suppression of dust shall at least once in every six months be
examined and tested by competent person, and any defect disclosed by
such examination and test shall be rectified as soon as practicable.
8.
Medical facilities and record of examinations and tests.—
I.
The occupier of every factory in which grinding or glazing
of metals are carried out, shall—
(a) employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
appointment shall be subject to the approval of the Chief
Inspector-cum-Facilitator ; and
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(b) Provide to the said medical practitioner all the necessary
facilities for the purpose referred to in clause (a).
II.
The record of medical examinations and appropriate tests
carried out by the said medical practitioner shall be maintained
in a separate register approved by the Chief Inspector-cum-
Facilitator, which shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
9.
Medical examination by the Certifying Surgeon.—
I.
Every worker employed in grinding or glazing of metal
and processes incidental thereto shall be examined by a
Certifying Surgeon within 15 days of his first employment.
Such examination shall include pulmonary function tests
and in suspected cases chest X-rays. No worker shall
be allowed to work after 15 days of his first employment
in the factory unless certified fit for such employment
by the Certifying Surgeon.
II.
Every worker employed in the said processes shall be
re-examined by a Certifying Surgeon at least once in
every 12 calendar months. Such re-examination shall,
wherever the Certifying Surgeon considers appropriate,
include tests as specified in sub-paragraph (I).
III.
The Certifying Surgeon after examining a worker shall
issue a Certificate of Fitness in Form XXIII. The record
of examination and re-examinations carried out shall be
entered in the Certificate and the Certificate shall be
kept in the custody of the manager of the factory. The
record of each examination carried out under sub-
paragraphs (I) and (II), including the nature and the
results of the tests, shall also be entered by the Certifying
Surgeon in a health register in Form XXIV.
IV.
The Certificate of Fitness and the health register shall
be kept readily available for inspection by the Inspector.
V.
If at any time the Certifying Surgeon is of the opinion
that a worker is no longer fit for employment in the said
processes on the found that continuance therein would
involve special danger to the health of the worker, he
shall make record of his findings in the said certificate
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and the health register. The entry of his findings in those
documents should also include the period for which he
considers that the said person is unfit for work in the
said processes. The person so suspended from the
process shall be provided with alternate placement
facilities unless he is fully incapacitated in the opinion of
the Certifying Surgeon, in which case the person affected
shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in
sub-paragraph (V) shall be re-employed or permitted to
work in the said processes unless the Certifying Surgeon,
after further examination, again certifies him fit for
employment in those processes.
10.
Exemption.—The Chief Inspector-cum-Facilitator may by
certificate in writing, subject to such conditions as he may specify therein,
relax or suspend any of the provisions of this schedule in respect of any
factory if owing to the special methods of work or otherwise such relaxation
or suspension is practicable without danger to the health or safety of the
persons employed.
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Schedule B-VI
Manufacture and treatment of lead and certain compounds of lead
1.
Definitions.—For this purpose of this schedule—
(a) “lead compound” means any compound of lead other than galena
which, when treated in the manner described below, yields to an
aqueous solution of hydrochloric acid, a quantity of soluble lead
compound exceeding, when calculated as lead monoxide, five
per cent of the “dry weight” of the portion taken for analysis. In
the case of paints and similar products and other mixtures
containing oil or fat the “dry weight” means the dry weight of
the material remaining after the substance has been thoroughly
mixed and treated with suitable solvents to remove oil, fats,
varnish or other media.
The method of treatment shall be as follows :-
A weighed quantity of the material which has been dried at 100
degree centigrade and thoroughly mixed shall be continuously
shaken for one hour, at the common temperature with 1,000 times
its weight of an aqueous solution of hydrochloric acid containing
0.25 per cent by weight of hydrogen chloride. This solution shall
thereafter be allowed to stand for one hour and then filtered.
The lead salt contained in the clear filtrate shall then precipitate
as lead sulphate and weighed as lead sulphate;
(b) “efficient exhaust draught” means localised ventilation effected
by mechanical means for the removal of gas, vapour, dust or
fumes so as to prevent them (as far as practicable under the
atmospheric conditions usually prevailing) from escaping into the
air of any place in which work is carried on. No draught shall be
deemed efficient which fails to remove smoke generated at the
point where such gas, vapour, fume, or dusts originate.
2.
Application.—This schedule shall apply to all factories or parts
of factories in which any of the following operations are carried on :—
(a) work at a furnace where the reduction or treatment of zinc or
lead ores is carried on ;
(b) the manipulation, treatment or reduction of ashes containing lead,
the desilvering of lead or the melting of scrap lead or zinc ;
(c) the manufacture of solder or alloys containing more than ten
per cent of lead ;
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(d) the manufacture of any oxide, carbonate, sulphate, chromate,
acetate, nitrate or silicate of lead ;
(e) the handling or mixing of lead tetra-ethyl ;
(f) any other operation involving the use of a lead compound ; and
(g) The cleaning of workrooms where any of the operations aforesaid
are carried on.
3.
Prohibition relating to women and young persons.—
No women or young person shall be employed or permitted to work in any
of the operations specified in paragraph 1.
4.
Requirements to be observed.—No person shall be employed
or permitted to work in any process involving the use of lead compounds if
the process is such that dust or fume from a lead compound is produced
therein, or the persons employed therein are liable to be splashed with any
lead compound in the course of their employment unless the provisions of
paragraphs 5 to 13 are complied with.
5.
Exhaust draught.—Where dust, fume, gas or vapour is
produced in the process, provision shall be made for removing them by
means of an efficient exhaust draught to contrive as to operate on the dust,
fume, gas or vapour as closely as possible to the point of origin.
6.
Medical facilities and record of examinations and tests.–
I.
The occupier of every factory in which grinding or glazing
of metals are carried out, shall—
(a) employ a qualified medical practitioner for medical surveillance
of the workers employed therein whose appointment shall be
subject to the approval of the Chief Inspector-cum-Facilitator ;
and
(b) Provide to the said medical practitioner all the necessary facilities
for the purpose referred to in clause (a).
II.
The record of medical examinations and appropriate tests
carried out by the said medical practitioner shall be maintained
in a separate register approved by the Chief Inspector-cum-
Facilitator, which shall be kept readily available for inspection
by the Inspector-cum-Facilitator.
7.
Medical examination by the Certifying Surgeon.—
I.
every worker employed shall be examined by a
Certifying Surgeon within 15 days of his first employment.
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Such examination shall include pulmonary function tests
and in suspected cases chest X-rays. No worker shall
be allowed to work after 15 days of his first employment
in the factory unless certified fit for such employment
by the Certifying Surgeon.
II.
Every worker employed in the said processes shall be
re-examined by a Certifying Surgeon at least once in
every 3 calendar months. Such re-examination shall,
wherever the Certifying Surgeon considers appropriate,
include tests as specified in sub-paragraph (I).
III.
The Certifying Surgeon after examining a worker, shall
issue a Certificate of Fitness in Form XXIII. The record
of examination and re-examinations carried out shall be
entered in the Certificate and the Certificate shall be
kept in the custody of the manager of the factory. The
record of each examination carried out under
subparagraphs (I) and (II), including the nature and the
results of the tests, shall also be entered by the Certifying
Surgeon in a health register in Form XXIV.
IV.
The Certificate of Fitness and the health register shall
be kept readily available for inspection by the Inspector-
cum-Facilitator.
V.
If at any time the Certifying Surgeon is of the opinion
that a worker is no longer fit for employment in the said
processes on the ground that continuance therein would
involve special danger to the health of the worker he
shall make record of his findings in the said certificate
and the health register. The entry of his findings in those
documents should also include the period for which he
considers that the said person is unfit for work in the
said processes. The person so suspended from the
process shall be provided with alternate placement
facilities unless he is fully incapacitated in the opinion of
the Certifying Surgeon, in which case the person affected
shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in
sub-paragraph (5) shall be re-employed or permitted to
work in the said processes unless the Certifying Surgeon,
after further examination, again certifies him fit for
employment in those processes.
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8.
Food, drinks, etc. prohibited in workroom.—No food, drink,
pan and supari or tobacco shall be brought into or consumed by any worker
in any workroom in which the process is carried on and no person shall
remain in any such room during intervals for meals or rest.
9.
Protective clothing.—Suitable protective overalls and head
coverage shall be provided, maintained and kept clean by the occupier and
such overalls and head coverings shall be worn by the persons employed.
10.
Cleanliness of workrooms, tools, etc.—The rooms in which
the persons are employed and all tools and apparatus used by them shall be
kept in a clean state.
11.
Washing facilities–
I.
The occupier shall provide and maintain for the use of all
persons employed suitable washing facilities consisting of—
(a) a trough with a smooth impervious surface fitted with a
waste pipe, without plug, and of sufficient length to allow
of at least two feet for every five such persons employed
at any one time, and having a constant supply of water
from taps or jets above the trough at intervals of not more
than 60 centimeters ;
(b) At least one wash-basin for every ten persons employed
at any one time, fitted with a waste pipe and plug and
having a constant supply of clean water; together with, in
either case, a sufficient supply of nail brushes, soap or
other suitable cleansing material and clean towels.
II.
The facilities so provided shall be placed under the
charge of a responsible person and shall be kept clean.
12.
Mess room or canteen.—The occupier shall provide and
maintain for the use of the persons employed suitable and adequate
arrangements for taking their meals. The arrangements shall consist of the
use of a room separate from any workroom which shall be furnished with
sufficient tables and benches, and unless a canteen serving hot meals is
provided, adequate means of warming the food. The room shall be
adequately ventilated by the circulation of fresh air, shall be placed under
the charge of a responsible person and shall be kept clean.
13.
Cloak room.—The occupier shall provide and maintain for the
use of persons employed, suitable accommodation for clothing not worn
during working hours, and for the drying of wet clothing.
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14.
Exemption.—Where the Chief Inspector-cum-Facilitator is
satisfied that all or any of the provisions of this schedule are not necessary
for the protection of the persons employed, he may by certificate in writing
exempt any factory from all or any of such provisions, subject to such
conditions as he may specify.
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Schedule B-VII
Generating petrol gas from dangerous petroleum
1.
Prohibition relating to women and young persons.—No
woman or young person shall be employed or permitted to work in or shall
be allowed to enter any building in which the generation of gas from
dangerous petroleum is carried on.
2.
Flame traps.—The plant for generation of gas from dangerous
petroleum and associated piping and fittings shall be fitted with at least two
efficient flame traps so designed and maintained as to prevent a flash back
from any burner to the plant. One of these traps shall be fitted as close to
the plant as possible. The plant and all pipes and valves shall be installed
and maintained free form leaks.
3.
Generating building or room.—All plants for generation of
gas from dangerous petroleum erected after the coming into force of the
provisions specified in this schedule, shall be erected outside the factory
building proper in a separate well ventilated building (hereinafter referred
to as “generating building”). In the case of such plants erected before the
coming into force of the provisions specified in this schedule, there shall be
no direct communication between the room where such plants are erected
(hereinafter referred to as “the generating room”) and the remainder of the
factory building. So far as practicable, all such generating rooms shall be
constructed of fire-resisting materials.
4.
Fire extinguishers.—An efficient means of extinguishing petrol
fires shall be maintained in an easily accessible position near the plant for
generation of gas from dangerous petroleum.
5.
Plant to be approved by Chief Inspector.—Petrol gas shall
not be manufactured except in a plant for generating gas, the design and
construction of which has been approved by the Chief Inspector-cum-
Facilitator.
6.
Escape of dangerous petroleum.—Effective steps shall be
taken to prevent dangerous petroleum from escaping into any drain or sewer.
7.
Prohibition relating to smoking.—No person shall smoke or
carry matches, fire or naked light or other means of producing a naked light
or spark in the generation room or building or in the vicinity thereof and a
warning notice in the language understood by the majority of the workers
shall be posted in the factory prohibiting smoking and the carrying of matches,
fire or naked light or other means of producing a naked light or spark into
such room or building.
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8.
Access to dangerous petroleum or container.—
No unauthorized person shall have access to any dangerous petroleum or
to a vessel containing or having actually contained dangerous petroleum.
9.
Electric fittings.—All electric fittings shall be of flameproof
construction and all electric conductors shall either be enclosed in metal
conduits or be lead-sheathed.
10.
Construction of doors.—All doors in the generating room or
building shall be constructed to open outwards or to slide and no door shall
be locked or obstructed or fastened in a such a manner that it cannot be
easily and immediately opened from the inside while gas is being generated
and any person is working in the generating room or building.
11.
Repair of containers.—No vessel that has contained dangerous
petroleum shall be repaired in a generating room or building and no repairs
to any such vessel shall be undertaken unless live steam has been blown
into the vessel and until the interior is thoroughly steamed out or other
equally effective steps have been taken to ensure that it has been rendered
free from dangerous petroleum or inflammable vapour.
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Schedule B-VIII
Cleaning or smoothing, roughening, etc. of articles, by a jet of sand,
metal shot, or grit, or other abrasive propelled by a blast of
compressed air or steam
(Blasting Regulations)
1.
Definitions.—For the purposes of this schedule—
(a) “blasting” means cleaning, smoothing, roughening, or removing
of any part of the surface of any article by the use of an abrasive
of a jet of sand, metal shot, or grit or other material, propelled by
a blast of compressed air or steam ;
(b) “blasting enclosure” means a chamber, barrel, cabinet or any
other enclosure designed for the performance of blasting therein;
(c) “blasting chamber” means a blasting enclosure in which any
person may enter at any time in connection with any work or
otherwise; and
(d) “cleaning of castings” where done as an incidental or
supplemental process in connection with the making of metal
castings, means the freeing of the casting from adherent sand or
other substance and includes the removal of cores and the general
smoothening of a casting, but does not include the free treatment.
2.
Prohibition of sand blasting.—Sand or any other substance
containing free silica shall not be introduced as an abrasive into any blasting
apparatus and shall not be used for blasting :
Provided that this clause shall come into force two years after the
coming into operation of this schedule :
Provided further that no woman or young person shall be employed
or permitted to work at any operation of sand blasting.
3.
Precautions in connection with blasting operations.—
(a) Blasting shall not be done except in a blasting enclosure and no
work other than blasting and any work immediately incidental
thereto and clearing and repairing of the enclosure including the
plant and appliances situated therein, shall be kept closed and air
tight while blasting is being done therein ;
(b) Maintenance of blasting enclosure.—Blasting enclosure shall
always be maintained in good condition and effective measures
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shall be taken to prevent dust escaping from such enclosure, and
from apparatus connected therewith, into the air of any room ;
(c) Provision of separating apparatus.—There shall be provided
and maintained for and in connection with every blasting
enclosure, efficient apparatus for separating, so far as practicable,
abrasive which has been used for blasting and which is to be
used again as an abrasive, from dust or particles of other materials
arising from blasting; and no such abrasive shall be introduced
into any blasting apparatus and used for blasting until it has been
so separated :
Provided that this clause shall not apply, except in the case of
blasting chambers, to blasting enclosures constructed or installed
before the coming into force of this schedule, if the Chief
Inspector-cum-Facilitator is of opinion that it is not reasonably
practicable to provide such separating apparatus.
(d) Provision of ventilating plant:—There shall be provided and
maintained in connection with every blasting enclosure efficient
ventilating plant to extract, by exhaust draught effected by
mechanical means, dust produced in the enclosure. The dust
extracted and removed shall be disposed of by such method and
in such manner that it shall not escape into the air of any room;
and every other filtering or settling device situated in a room in
which persons are employed, other than persons attending to
such bag or other filtering or settling device, shall be completely
separated from the general air of that room in an enclosure
ventilated to the open air.
(e) Operation of ventilating plant.—The ventilating plant provided
for the purpose of sub-paragraph (d) shall be kept in continuous
operation whenever the blasting enclosure is in use whether or
not blasting is actually taking place therein, and in the case of a
blasting chamber, it shall be in operation even when any person
is inside the chamber for the purpose of cleaning.
4.
Inspection and examination.—
I.
Every blasting enclosure shall be specially inspected by a
competent person at least once in every week in which it is
used for blasting. Every blasting enclosure, the apparatus
connected therewith and the ventilating plant shall be
thoroughly examined and in the case of ventilating plant,
tested by a competent person at least once in every month.
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II.
Particulars of the result of every such inspection, examination
or test shall forthwith be entered in a register which shall be
kept in a form approved by the Chief Inspector-cum-
Facilitator and shall be available for inspection by any
workman employed in or in connection with blasting in the
factory. Any defect found on any such inspection,
examination or test shall be immediately reported by the
person carrying out the inspection, examination or test to the
occupier, manager or other appropriate person and without
prejudice to the foregoing requirements of this schedule, shall
be removed without avoidable delay.
5.
Provision of protective helmets, gauntlets and overalls.—
I.
There shall be provided and maintained for the use of all
persons who are employed in a blasting chamber,
whether in blasting or in any work connected therewith
or in cleaning such a chamber, protective helmets of a
type approved by a certificate of the Chief Inspector-
cum-Facilitator ; and every such person shall wear the
helmet provided for this use whilst he is in the chamber
and shall not remove it until he is outside the chamber.
II.
Each protective helmet shall carry a distinguishing mark
indicating the person by whom it is intended to be used
and no person shall be allowed or required to wear a
helmet not carrying his mark or a helmet which has been
worn by another person and has not since been
thoroughly disinfected.
III.
Each protective helmet when in use shall be supplied
with clean and not unreasonably cold air at a rate of not
less 170 litres per minute.
IV.
Suitable gauntlets and overalls shall be provided for the
use of all persons while performing blasting or assisting
at blasting, and every such person shall while so engaged,
wear the gauntlet and overall provided.
6.
Precautions in connection with cleaning and other
work .—
I.
Where any person is engaged upon cleaning of any
blasting apparatus or blasting enclosure or of any
apparatus or ventilating plant connected therewith or the
surroundings thereof or upon any other work in
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connection with any blasting apparatus or blasting
enclosure or with any apparatus or ventilating plant
connected therewith so that he is exposed to the risk of
inhaling dust which has arisen from blasting, all practicable
measures shall be taken to prevent such inhalation.
II.
In connection with any cleaning operation referred to in
paragraph 5, and with the removal of dust from filtering
or settling devices all practicable measures shall be taken
to dispose of the dust in such a manner that it does not
enter the air of any room. Vacuum cleaners shall be
provided and used wherever practicable for such
cleaning operations.
7. Storage accommodation for protective wear.—Adequate and
suitable storage accommodation for the helmets, gauntlets and overalls
required to be provided by paragraph 5 shall be provided outside and
conveniently near to every blasting enclosure and such accommodation
shall be kept clean. Helmets, gauntlets and overalls when not in actual use
shall be kept in this accommodation.
8. Maintenance and cleaning of protective wear.—All helmets,
guantlets, overalls and other protective devices or clothings provided and
worn for the purposes of this schedule, shall be kept in good condition and
so far as is reasonably practicable shall be cleaned on every weekday in
which they are used. Where dust arising from the cleaning of such protective
clothing or devices is likely to be inhaled, all practicable measures shall be
taken to prevent such inhalation. Vacuum cleaners shall, wherever
practicable, be used for removing dust from such clothing and compressed
air shall not be used for removing dust from any clothing.
9. Maintenance of vacuum cleaning plant.—Vacuum cleaning
plant used for the purpose of this schedule shall be properly maintained.
10. Restrictions in employment of young persons.—
I.
No person under 18 years of age shall be employed in
blasting or assisting at blasting or in any blasting chamber
or in the cleaning of any blasting apparatus or any blasting
enclosure or any apparatus or ventilating plant connected
therewith or be employed on maintenance or repair work
at such apparatus, enclosure or plant.
II.
No person under 18 years of age shall be employed to
work regularly within twenty feet of any blasting
enclosure unless the enclosure is in a room and he is
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outside that room where he is effectively separated from
any dust coming from the enclosure.
11.
Power to exempt or relax.—
I.
If the Chief Inspector-cum-Facilitator is satisfied that in
any factory or any class of factory, the use of sand or
other substance containing free silica as an abrasive in
blasting is necessary for a particular manufacture or
process (other than the process incidental or
supplemental to making of metal castings) and that the
manufacture or process cannot be carried on without
the use of such abrasive or that owing to the special
conditions or special method of work or otherwise any
requirement of this Schedule Ban be relaxed without
endangering the health of the persons employed or that
application of any such requirements is for any reason
impracticable or inappropriate, he may, with the previous
sanction of the J&K Government, by an order in writing
exempt the said factory or class of factory from such
provisions of this schedule, to such an extent and subject
to such conditions and for such period as may be specified
in the said order.
II.
Where an exemption has been granted under
sub-paragraph (I), a copy of the order shall be displayed
at a notice board at a prominent place at the main
entrance or entrances to the factory and also at the place
where the blasting is carried on.
12.
Medical facilities and records of examinations and tests.—
I.
The occupier of every factory to which the Schedule
applies, shall—
(a) employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
employment shall be subject to the approval of the Chief
Inspector of Factories ; and
(b) Provide to the said medical practitioner all the necessary
facilities for the purpose referred to in clause (a).
II.
The record of medical examinations and appropriate tests
carried out by the said medical practitioner shall be
maintained in a separate register approved by the Chief
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Inspector of Factories, which shall be kept readily
available for inspection by the Inspector.
13.
Medical examination by the Certifying Surgeon.—
I.
Every worker employed in any of the processes to which
this schedule shall be examined by a Certifying Surgeon
within 15 days of his first employment. Such examination
shall include pulmonary function tests and chest X-rays.
No worker shall be allowed to work after 15 days of his
first employment in the factory unless certified fit for
such employment by the Certifying Surgeon.
II.
Every worker employed in the said processes shall be
re-examined by a Certifying Surgeon at least once in
every 12 calendar months and such re-examination shall,
wherever the Certifying Surgeon considers appropriate,
include pulmonary function test and chest X-ray once in
every three years.
III.
The Certifying Surgeon after examining a worker shall
issue a Certificate of Fitness in Form XXIII. The record
of examination and re-examinations carried out shall be
entered in the Certificate and the Certificate shall be
kept in the custody of the manager of the factory. The
record of each examination carried out under
sub-paragraphs (I) and (II), including the nature and the
results of the tests, shall also be entered by the Certifying
Surgeon in a health register in Form XXIV.
IV.
The Certificate of Fitness and the health register shall
be kept readily available for inspection by the Inspector-
cum-Facilitator.
V.
If at any time the Certifying Surgeon is of the opinion
that a worker is no longer fit for employment in the said
processes on the ground that continuance therein would
involve special danger to the health of the worker, he
shall make record of his findings in the said certificate
and the health register. The entry of his findings in those
documents should also include the period for which he
considers that the said person is unfit for work in the
said processes. The person so suspended from the
process shall be provided with alternate placement
facilities unless he is fully incapacitated in the opinion of
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the Certifying Surgeon, in which case the person affected
shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in
sub-paragraph (V) shall be re-employed or permitted to
work in the said processes unless the Certifying Surgeon,
after further examination, again certifies him fit for
employment in those processes.
Schedule B-IX
Liming and tanning of raw hides and skins and
processes incidental thereto.
1.
Cautionary notices.—
I.
Cautionary notices as to anthrax in the form specified
by the Chief Inspector-cum-Facilitator shall be affixed
in prominent positions in the factory where they may be
easily and conveniently read by the persons employed.
II.
A copy of a warning notice as to anthrax in the form
specified by the Chief Inspector-cum-Facilitator shall be
given to each person employed when he is engaged, and
subsequently if still employed, on the first day of each
calendar year.
III.
Cautionary notices as to the effects of chrome on the
skin shall be affixed in prominent positions in every
factory in which chrome solutions are used and such
notices shall be so placed as to be easily and conveniently
read by the persons employed.
IV.
Notices shall be affixed in prominent places in the
factory stating the position of the First Aid box or
cupboard and the name of the person in charge of such
box or cupboard.
V.
If any person employed in the factory is illiterate,
effective steps shall be taken to explain carefully to such
illiterate person the contents of the notice specified in
sub-paragraphs (I), (II) and (IV) and if chrome solutions
are used in the factory, the contents of the notice specified
in sub-paragraph (III).
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2.
Protective clothing.—The occupier shall provide and maintain
in good condition the following articles of protective clothing :—
(a) waterproof footwear leg coverings, aprons and gloves for persons
employed in processes involving contact with chrome solutions,
including the preparation of such solutions ;
b)
gloves and boots for persons employed in lime yard ;
(c) protective footwear, aprons and gloves for persons employed in
processes involving the handling of hides and skins, other than in
processes specified in sub-paragraphs (a) and (b) above :
Provided that the gloves, aprons, leg coverings or boots may be
of rubber or leather, but the gloves and boots to be provided
under sub-paragraphs (a) and (b) shall be of rubber :
Provided further that the gloves may not be provided to persons
fleshing by hand or employed in processes in which there is no
risk of contact with lime, sodium sulphide or other caustic liquor.
3.
Washing facilities, mess room and cloakroom.—There shall
be provided and maintained in a clean state and in good repair for the use of
all persons employed—
(a) a trough with a smooth impervious surface fitted with a waste
pipe, without plug, and of sufficient length to allow of at least 60
centimetres for every five such persons employed at any one
time, and having a constant supply of water from taps or jets
above the trough at intervals of not more than 60 centimetres ;
or at least on wash-basin for every ten such persons employed
at any one time, fitted with a waste pipe and plug and having a
constant supply of clean water; together with, in either case, a
sufficient supply of nail brushes, soap or other suitable cleansing
material and clean towels ;
(b) a suitable mess room, adequate for the number remaining on the
premises during the meal intervals, which shall be furnished with
sufficient tables and benches and adequate means for warming
food and for boiling water. The mess room shall—
i. be separate from any room or shed in which hides or
skins are stored, treated or manipulated ;
ii. be separate from the cloakroom ; and
iii. be placed under the charge of a responsible person ; and
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(c) the occupier shall provide and maintain for use of all persons
employed suitable accommodation for clothing put off during
working hours and another accommodation for protective clothing
and also adequate arrangements for drying up the clothing in
both the cases, if wet. The accommodation so provided shall be
kept clean at all times and placed under the charge of a responsible
person.
4.
Food, drinks, etc. prohibited in workrooms.—No food,
drink, pan and supari or tobacco shall be brought into or consumed by any
worker in any workroom or shed in which hides or skins are stored, treated
or manipulated.
5.
Medical facilities and record of examinations and tests.—
I.
The occupier of every factory in which the schedule applies,
shall—
(a) Employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
employment shall be subject to the approval of the Chief
Inspector of Factories ;
(b) Provide to the said medical practitioner all the necessary
facilities for the purpose referred to in clause (a) ;
(c) Arrange for inspection of the hands of all the persons
keeping in contact with chromium substances to be made
twice a week ; and
(d) Provide and maintain and supply suitable ointment and
plaster in a box readily accessible to the workers and
solely used for the purpose of keeping the ointment and
the plaster.
II. The records of medical examinations and appropriate tests
carried out by the said medical practitioner shall be maintained
in a separate register approved by the Chief Inspector-cum-
Facilitator, which shall be kept readily available for inspection by
the Inspector-cum-Facilitator.
6.
Medical Examination by Certifying Surgeon.—
I.
Every worker employed in shall be examined by a
Certifying Surgeon within 15 days of his first employment.
Such examination shall include No worker shall be
allowed to work after 15 days of his first employment in
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the factory unless certified fit for such employment by
the Certifying Surgeon.
II.
Every worker employed in the said processes shall
be re-examined by the Certifying Surgeon at least
once in every twelve calendar months. Such
re-examination shall, wherever the Certifying Surgeon
considers appropriate, include tests as specified in
sub-paragraph (I).
III.
The Certifying Surgeon after examining a worker shall
issue a Certificate of Fitness in Form XXIII. The record
of examination and re-examination carried out shall be
entered in the Certificate and the Certificate shall be
kept in the custody of the manager of the factory. The
record of each examination carried out under sub-
paragraph (I) and (II), including the nature and the results
of the tests, shall also be entered by the Certifying
Surgeon in a health register in Form XXIV.
IV.
The Certificate of Fitness and the health register
shall be kept readily available for inspection by the
Inspector-cum-Facilitator.
V.
If at any time the Certifying Surgeon is of the opinion
that a worker is no longer fit for employment in the said
processes on the ground that continuance therein would
involve special danger to the health of the worker, he
shall make a record of his findings in the said certificate
and the health register. The entry of his findings in those
documents should also include the period for which he
considers that the said person is unfit for work in the
said processes. The person so suspended from the
process shall be provided with alternate placement
facilities unless he is fully incapacitated in the opinion of
the Certifying Surgeon, in which can the person affected
shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in
sub-paragraph (V) above shall be re-employed or
permitted to work in the said processes unless the
Certifying Surgeon, after further examination, again
certifies him fit for employment in those processes.
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Schedule B-X
Carrying on of certain processes of lead and lead material in
Printing presses and type foundries
1.
Definitions.—or the purpose of this schedule–
(a) “lead material” means material containing not less than five
per cent of lead ;
(b) “lead process” means—
i. the melting of lead or any lead material for casting and
mechanical composing ;
ii. the recharging of machines with used lead material ;
iii. any other work including removal of dross from melting
pots and cleaning of plungers ; and
iv. Manipulation, movement or other treatment of lead
material.
(c) “efficient exhaust draught” means localised ventilation
effected by head or mechanical means for the removal of
gas, vapour, dust or fumes so as to prevent them from
escaping into the air of any place in which work is carried
on. No draught shall be deemed efficient which fails to
remove smoke generated at the point where such gas, vapour,
fume, or dust originate.
2.
Exhaust draught.—
I.
None of the following processes shall be carried on except
with an efficient exhaust draught unless carried on in such a
manner as to prevent free escape of gas, vapour, fumes or
dust into any place in which work is carried on, or unless
carried on in electrically heated and thermostatically
controlled melting pots :—
(a) melting lead material or slugs ; and
(b) Heating lead material so that vapour containing lead is
given off :
Provided that the aforesaid processes may be carried on
without efficient exhaust draught if they are carried on in
such a manner as to prevent free escape of gas, vapour,
fume or dust into any place in which work is being done
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or is carried on in electrically-heated and thermostatically
controlled melting pots.
II.
Such exhaust draught shall be effected by mechanical means
and so contrived as to operate on the dust, fume, gas or
vapour given off as closely as may be at its point of origin.
3.
Prohibition relating to women and young persons.—
No woman or young person shall be employed or permitted to work in any
lead process.
4.
Separation of certain processes.—Each of the following
processes shall be carried on in such a manner and under such conditions
as to secure effectual separation from one another and from any other
processes :—
(a) melting of lead or any lead material ;
(b) casting of lead ingots ; and
(c) Mechanical composing.
5.
Container for dross.—A suitable receptacle with tightly fitting
cover shall be provided and used for dross as it is removed from every
melting pot. Such receptacle shall be kept covered while in the workroom
near the machine except when the dross is being deposited therein.
6.
Floor of workroom.—The floor of every workroom where
lead process is carried on shall be—
(a) of cement or similar material so as to be smooth and impervious
to water ;
(b) maintained in sound condition ; and
(c) Shall be cleansed throughout daily after being thoroughly damped
with water at a time when no other work is being carried on at
the place.
7.
Mess room.—There shall be provided and maintained for the
use of all persons employed in a lead process and remaining on the premises
during the meal intervals, a suitable messroom which shall be furnished
with sufficient tables and benches.
8.
Washing facilities.—
I.
There shall be provided and maintained in a cleanly state and in
good repair for the use of all persons employed in a lead process–
(a) a wash place with either–
i. a trough with a smooth impervious surface fitted with a
waste pipe without plug, and of sufficient length to allow
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at least 60 centimetres for every five such persons
employed at any one time, and having a constant supply
of water from taps or jets above the trough at intervals of
not more than 60 centimetres ; or
ii. at least one wash basin for every five such persons
employed at any one time, fitted with a waste pipe and
plug and having a adequate supply of water laid on or
always readily available ; and
(b) a sufficient supply of clean towels made of suitable materials
renewed daily, with a sufficient supply of soap or other suitable
cleansing material.
9.
Medical facilities and record of examination and tests.—
I.
The occupier of every factory to which this Schedule applies,
shall—
(a) employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
employment shall be subject to the approval of the Chief
Inspector of Factories ; and
(b) Provide to the said medical practitioner all the necessary
facilities for the purpose referred to in clause (a).
II. The record of medical examinations and appropriate tests carried
out by the said medical practitioner shall be maintained in a
separate register approved by the Chief Inspector of Factories,
which shall be kept readily available for inspection by the
Inspector.
10.
Medical examination by Certifying Surgeon.—
I.
Every worker employed in a lead processes shall be examined
by a Certifying Surgeon within 15 days of his first employment.
Such examination shall include tests for lead in urine and blood.
ALA in urine, haemoglobin content, stippling of cells and
steadiness test. No worker shall be allowed to work after 15
days of his first employment in the factory unless certified fit for
such employment by the Certifying Surgeon.
II. Every worker employed in the said processes shall be
re-examined by a Certifying Surgeon at least once in every six
calendar months. Such re-examination shall, wherever the
Certifying Surgeon considers appropriate, include tests as specified
in sub-paragraph (I).
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III. The Certifying Surgeon after examining a worker, shall issue a
Certificate of Fitness in Form XXIII. The record of examination
and re-examinations carried out shall be entered in the Certificate
and the Certificate shall be kept in the custody of the manager
of the factory. The record of each examination carried out under
sub-paragraphs (I) and (II), including the nature and the results
of the tests, shall also be entered by the Certifying Surgeon in a
health register in Form XXIV.
IV. The Certificate of Fitness and the health register shall be kept
readily available for inspection by the Inspector-cum-Facilitator.
V.
If at any time certifying surgeon is of the opinion that a worker
is no longer fit for employment in the said process on the ground
that continuance therein would involve special danger to the health
of the worker he shall make a record of his findings in the said
Certificate and the health register. The entry of his findings in
these documents should also include the period for which he
considers that the said person is unfit for work in the said
processes. The person so suspended from the process shall be
provided with alternate placement facilities unless he is fully
incapacitated in the opinion of the Certifying Surgeon, in which
case the person affected shall be suitably rehabilitated.
VI. No person who has been found unfit to work as said in sub-
paragraph (V) above shall be re-employed or permitted to work
in the said processes unless the Certifying Surgeon, after further
examination, again certifies him fit for employment in those
processes.
11.
Food, drinks, etc. prohibited in workrooms.—No food,
drink, pan and supari or tobacco shall be consumed or brought by any
worker into any workroom in which any lead process is carried on.
12.
The occupier shall provide to all persons employed in lead process
two full sleeve overall every year, arrange for their weekly washing and
maintain these in good condition. The person employed in such a process
shall wear these overall while engaged in such work.
13.
Exemption.—Where the Chief Inspector-cum-Facilitator is
satisfied that all or any of the provisions of this schedule are not necessary
for the protection of persons employed, he may by certificate in writing
exempt any factory from all or any such provisions subject to such conditions
as he may specify therein. Such certificate may at any time be revoked by
the Chief Inspector-cum-Facilitator.
_____
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Schedule B-XI
Manufacture of pottery
1.
Savings.—These provisions shall not apply to a factory in which
any of the following articles, but no other pottery , are made :
(a) Unglazed or salt glazed bricks and tiles ; and
(b) Architectural terrs-cotta made from plastioc clay and either
unglazed or glazed with a leadless glaze only.
2.
Definitions.—For the purposes of this schedule—
(a) “pottery” includes earthenware, stoneware, porcelain, china tiles,
and any other articles made from such clay or from a mixture
containing clay and other materials such as quartz, flint, feldspar,
and gypsum ;
(b) “efficient exhaust draught” means localised ventilation effected
by mechanical or other means for removal of dust or fume so as
to prevent it from escaping into air of any place in which work is
carried on. No draught shall be deemed efficient which fails to
remove effectively dust or fume generated at the point where
dust or fume originates ;
(c) “fettling” includes scalloping, towing, sand papering, sand sticking,
brushing or any other process of cleaning of potteryware in which
dust is given off ;
(d) “leadless glaze”means a glaze which does not contain more than
one per cent of its dry weight, of a lead compound calculated as
lead monoxide ;
(e) “low solubility glaze” means a glaze which does not yield to
dilute hydrochloric acid more than five per cent of its dry weight,
of a soluble lead compound calculated as lead monoxide when
determined in the manner described below :–
A weighed quantity of the material which has been dried at 100
degrees centigrade and thoroughly mixed shall be continuously
shaken for one hour at the common temperature with 1000 times
its weight of an aqueous solution of hydrochloric acid containing
0.25 per cent by weight of hydrogen chloride. This solution shall
thereafter be allowed to stand for one hour and then filtered.
The lead salt contained in the clear filtrate shall then be precipitated
as lead sulphide and weighed as lead sulphide ;
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(f) “sound or powdered flint or quartz” does not include natural
sands ; and
(g) “potter’s shop” includes all places where pottery is formed by
pressing or by any other process and all places where shaping,
fettling or other treatment of pottery articles prior to placing for
the biscuit fire is carried on.
3.
Efficient exhaust draught.—The following processes shall not
be carried on without the use of an efficient exhaust draught—
(a) all processes involving the manipulation or use of a dry and
unfritted lead compound ;
(b) fettling operations of any kind, whether on greenware or biscuit,
provided that this shall not apply to the wet fettling, and to the
occasional finishing of pottery articles without the aid of
mechanical power ;
(c) sifting of clay dust or any other material for making tiles or other
articles or other articles by pressure, except where—
i. this is done in an machine so enclosed as to effectually
prevent the escape of dust ; or
ii. the material to be shifted is so damp that no dust can be
given off ;
(d) pressing of tiles from clay dust, an exhaust opening being
connected with each press, and pressing from clay dust of articles
other than tiles, unless the material is so damp that no dust is
given off ;
(e) fettling of tiles made from clay dust by pressure, except where
the fettling is done wholly on, or with, damp material, and fettling
of other articles made from clay dust, unless the material is so
damp that no dust is given off ;
(f) process of loading and unloading of saggars where handling and
manipulation of ground and powdered flint, quartz, aluminia or
other materials are involved ;
(g) brushing of earthenware biscuit, unless the process is carried on
in a room provided with efficient general mechanical ventilation
or other ventilation which is certified by the Inspector of Factories
as adequate having regard to all the circumstances of the case ;
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(h) fettling of biscuitware which has been fired in powdered flint or
quartz except where this is done in machines so enclosed as to
effectually prevent the escape of dust ;
(i)
where cleaning after the application of glaze by dipping or other
process ;
(j)
crushing and dry grinding of materials for pottery bodies and
saggars, unless carried on in machines so enclosed as to effectively
prevent the escape of dust or is so damp that no dust can be
given off ;
(k) sieving or manipulation of powdered flint, quartz, clay grog or
mixture of these materials unless it is so damp that no dust can
be given off ; grinding of tiles on a power driven wheel unless an
efficient water spray is used on the wheel ;
(l) lifting and conveying of materials by elevators and conveyors
unless they are effectively enclosed and so arranged as to prevent
escape of dust into the air in or near to any place in which persons
are employed ;
(m) preparation or weighing out of flow material, lawning of dry
colours, colour dusting and colour blowing ;
(n) mould making unless the bins or similar receptacles used for
holding plaster of paris are provided with suitable covers ; and
(o) manipulation of calcined material unless the material has been
made and remains so wet that no dust is given off.
4.
Separation of processes.—Each of the following processes
shall be carried on in such a manner and under such conditions as to secure
effectual separation from one another, and from other wet processes :—
(a) crushing and dry grinding or sieving of materials, fettling, pressing
of tiles, drying of clay and greenware, loading and unloading of
saggars ; and
(b) all processes involving the use of a dry lead compound.
5.
Prohibition on use of glaze.—No glaze which is not a leadless
glaze or a low solubility glaze shall be used in a factory in which pottery is
manufactured.
6.
Prohibition relating to women and young persons.—
No woman or young person shall be employed or permitted to work in any
of the operations specified in paragraph 4, or at any place where such
operations are carried on.
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7.
Provision of screen to potter’s wheel.—The potter’s wheel
(Jolly and Jigger) shall be provided with screens or so constructed as to
prevent clay scrapings being thrown off beyond the wheel.
8.
Control of dust during cleaning.—
I.
All practical measures shall be taken by damping or otherwise
to prevent dust arising during cleaning of floors.
II.
Damp saw-dust or other suitable material shall be used to
render the moist method effective in preventing dust rising
into the air during the cleaning process which shall be carried
out after work has ceased.
9.
Floor of certain workrooms.—The floors of potter’s shops,
slip houses, dipping houses and ware cleaning rooms shall be hard, smooth
and impervious and shall be thoroughly cleaned daily by an adult male using
a moist method.
10. Protective equipment.—
I.
The occupier shall provide and maintain suitable overalls and
hand coverings for all persons employed in process included
under paragraph 3.
II.
The occupier shall provide and maintain suitable aprons of a
water-proof or similar material, which can be sponged daily,
for the use of the dippers, dippers assistants, throwers, jolly
workers, casters, mould makers and filter press and pug mill
workers.
III.
Aprons provided in pursuance of paragraph 10 (II) shall be
thoroughly cleaned daily by the wearers by sponging or other
wet process. All overalls and head coverings shall be washed,
cleaned and mended at least once a week, and this washing,
cleaning or mending shall be provided for by the occupier.
IV.
No person shall be allowed to work in emptying sacks of
dust materials, weighing out and mixing of dusty materials
and charging of ball mills and plungers without wearing a
suitable and efficient dust respirator.
11.
Washing facilities.—
I.
The occupier shall provide and maintain, in a clean state and
in good repair for the use of all persons employed in any of
the processes specified in paragraph 3—
(a) a wash place under cover, with either–
i.
a trough with a smooth impervious surface fitted with a
waste pipe without plug, and of sufficient length to allow
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of at least 60 centimetres for every five such persons
employed at any one time, and having a constant supply
of clean water from taps or jets above the trough at
intervals of not more than 60 centimetres ; or
ii.
at least one tap or stand pipe for every five such persons
employed at any one time, and having a constant supply
of clean water, the tap or stand pipe being spaced not
less than 120 centimetres apart; and
(b) a sufficient supply of clean towels made of suitable materials
changed daily, with a sufficient supply of soap and nail brushes.
12.
Time allowed for washing.—Before each meal and before
the end of the day’s work, at least ten minutes, in addition to the regular
meal times, shall be allowed for washing to each person employed in any of
the processes mentioned in paragraph 3.
13. Mess room.—
I.
There shall be provided and maintained for use of all persons
remaining within the premises during the rest intervals, a
suitable messroom providing accommodation of 0.93 square
meter per head and furnished with—
(a) a sufficient number of tables and chairs or benches with
back rest ;
(b) arrangements for washing utensils ;
(c) adequate means for warming food ; and
(d) adequate quantity of drinking water.
II.
The room shall be adequately ventilated by the circulation of
fresh air and placed under the charge of a responsible person
and shall be kept clean.
14.
Food, drinks, etc. prohibited in workrooms.—No food,
drink, pan and supari or tobacco shall be brought into, or consumed by any
worker in any workroom in which any of the processes mentioned in
paragraph 3 are carried on and no person shall remain in any such room
during intervals for meals or rest.
15. Cloakrooms etc.—There shall be provided and maintained for
the use of all persons employed in any of the processes mentioned in
paragraph 3—
(a) a cloakroom for clothing put off during working hours and such
accommodation shall be separate from any mess room ; and
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(b) separate and suitable arrangements for the storage of protective
equipment provided under paragraph 10.
16.
Medical facilities and records of examinations and tests.—
I.
The occupier of every factory in which manufacture of
pottery is carried on, shall—
(a) employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
employment shall be subject to the approval of the Chief
Inspector of Factories ; and
(b) provide to the said medical practitioner all the necessary
facilities for the purpose referred to in clause (a).
II.
The record of medical examinations and appropriate tests
carried out by the said medical practitioner shall be maintained
in separate register approved by the Chief Inspector of
Factories, which shall be kept readily available for inspection
by the Inspector.
17.
Medical examination by Certifying Surgeon.—
I.
Every worker employed in any process mentioned under
paragraph 3, shall be examined by a Certifying Surgeon within
15 days of his first employment. Such examination shall
include tests for lead in urine and blood, ALA in urine,
hemoglobin content, stippling of cells and no worker shall be
allowed to work after 15 days of his first employment in the
factory unless certified fit for such employment by the
Certifying Surgeon.
II.
All persons employed in any of the processes included under
sub-paragraphs 3(a) and 3(n) shall be examined by a
Certifying Surgeon once in every 3 calendar months. Those
employed in any other processes mentioned in the remaining
sub-paragraphs of paragraph 3 shall be examined by a
Certifying Surgeon once in every 3 months. Such
examinations in respect of all the workers shall include all
the tests as specified in sub-paragraph (1) except chest X-
ray which will be once in 3 years.
III.
The Certifying Surgeon after examining a worker, shall issue
a Certificate of Fitness in Form XXIII. The record of
examination and re-examinations carried out shall be entered
in the Certificate and the Certificate shall be kept in the
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custody of the manager of the factory. The record of each
examination carried out under sub-paragraphs (I) and (II),
including the nature and the results of the tests, shall also be
entered by the Certifying Surgeon in a health register in
Form XXIV.
IV.
The Certificate of Fitness and the health register shall be
kept readily available for inspection by the Inspector.
V.
If at any time the Certifying Surgeon is of the opinion that a
worker is no longer fit for employment in the said process
on the ground that continuance therein would involve special
danger to the health of the worker, he shall make a record of
his findings in the said Certificate and the health register.
The entry of his findings in these documents should also
include the period for which he considers that the said person
is unfit for work in the said processes. The person so
suspended from the process shall be provided with alternate
placement facilities unless he fully is incapacitated in the
opinion of the Certifying Surgeon, in which case the person
affected shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in sub-
paragraph
VII.
Above shall be re-employed or permitted to work in the said
processes unless the Certifying Surgeon, after further
examination, again certifies him fit for employment in those
processes.
18.
Applications.—These provisions shall not apply to a factory in
which any of the following articles, but no other pottery, are made :—
(a) unglazed or salt glazed bricks and tiles ; and
(b) Architectural terra-cotta made from plastic clay and either
unglazed or glazed with a leadless glaze only.
19.
Exemption.—If in respect of any factory the Chief Inspector
of Factories is satisfied that all or any of the provisions of this schedule are
not necessary for the protection of the persons employed in such factory,
he may by a certificate in writing exempt such factory from all or any of
such provisions, subject to such conditions as he may specify therein. Such
certificate may at any time be revoked by the Chief Inspector-cum-Facilitator
without assigning any reasons.
––––––––
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Schedule B-XII
Chemical Works
PART I
1.
Application .—This schedule shall apply to all manufacture and
processes incidental thereto carried on in chemical works.
2.
Definitions.—For the purpose of this schedule –
(a) “chemical works” means any factory or such parts of any factory
as are listed in appendix ‘A’ to this schedule ;
(b) “efficient exhaust draught” means localised ventilation effected
by mechanical or other means for the removal of gas, vapour,
fume or dust to prevent it from escaping into the air of any place
in which work is carried on ;
(c) “bleaching powder” means the bleaching powder commonly called
chloride of lime ;
(d) “chlorate” means chlorate or perchlorate ;
(e) “caustic” means hydroxide of potassium or sodium ;
(f) “chrome process” means the manufacture of chromate or
bichromate of potassium or sodium, OT the manipulation,
movement or other treatment of these substances ;
(g) “nitro or amino process” means the manufacture of nitro or amino
derivatives of phenol and of benzene or its homologues, and the
making of explosives with the use of any of these substances ;
(h) the term ‘permit to work’ system means the compliance with
the procedures laid down under para 20 of Part II ;
(i)
“toxic substances” means all those substances which when they
enter into the human body, through inhalation or ingestion or
absorption through skin, in sufficient quantities cause fatality or
exert serious affliction of health, or chronic harmful effects on
the health of persons exposed to it due to its inherent chemical
or biological effects. In respect of substances whose TLV is
specified in Rule 64, exceeding the concentration specified therein
would make the substance toxic ;
(j)
“emergency” means a situation or condition leading to a
circumstance or set of circumstances in which there is danger
to the life or health of persons or which could result in big fire or
explosion or pollution to the work and outside environment,
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affecting the workers or neighbourhood in a serious manner,
demanding immediate action;
(k) “dangerous chemical reactions” means high speed reactions,
runaway reactions, delayed reactions, etc. and are characterised
by evolution of large quantities of heat, intense release of toxic
or flammable gases or vapours, sudden pressure build-up etc.;
(l)
“manipulation” means mixing, blending, filling, emptying, grinding,
sieving, drying, packing, sweeping, handling, using, etc.;
(m) “approved personal protective equipment” means items of
personal protective equipment conforming to the relevant ISI
specifications or in the absence of it, personal protective
equipment approved by the Chief Inspector-cum-Facilitator ;
(n) “appropriate personal protective equipment” means that when
the protective equipment is used by the worker, he shall have no
risk to his life or health or body ; and
(o) “confined space” means any space by reason of its construction
as well as in relation to the nature of the work carried therein
and where hazards to the persons entering into or working inside
exist or are likely to develop during working.
PART II
General Requirements
Applying to all the works in Appendix ‘A’
1.
Housekeeping.–
I.
Any spillage of materials shall be cleaned up before further
processing.
II.
Floors, platforms, stairways, passages and gangways shall
be free of any obstructions.
III.
There shall be provided easy means of access to all parts of
the parts of the plant to facilitate cleaning.
2.
Improper use of chemicals.—Chemicals or solvents or empty
containers containing chemicals or solvents shall be permitted to be used
by workers for any purpose other than in the processes for which they are
supplied.
3.
Prohibition on the use of food, etc.—No food, drink, tobacco,
pan or any edible item shall be stored or heated or consumed on or near any
part of the plant or equipment.
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4.
Cautionary Notices and Instructions.—
I.
Cautionary notices in a language understood by the majority
of workers shall be prominently displayed in all hazardous
areas drawing the attention of all workers about the hazards
to health, hazards involving fire and explosion and any other
hazard such as consequences of testing of material or
substances used in the process or using any contaminated
container for drinking or eating, to which the workers’
attention should be drawn for ensuring their safety and health.
II.
In addition to the above cautionary notice, arrangement shall
be made to instruct and educate all the workers including
illiterate workers about the hazards in the process including
the specific hazards to which they may be exposed to, in the
normal course of their work. Such instructions and education
should also deal with the hazards involved in unauthorised
and unsafe practices including the properties of substances
used in the process under normal conditions as well as
abnormal conditions and the precautions to be observed
against each and every hazard. Further, an undertaking from
the workers shall be obtained within 1 month of their
employment and for old workers employed, within one month
of coming into operation of the rules, to the effect that they
have read the contents of the cautionary notices and
instructions, understood them and would abide by them. The
training and instructions to all workers and all supervisory
personnel shall include the significance of different types of
symbols and colors used on the labels stuck or painted on
the various types of containers and pipe lines.
5.
Evaluation and provision of safeguards before the
commencement of process.—
I.
Before commencing any process or any experimental
work, or any new manufacture covered under
Appendix ‘A’, the occupier shall take all possible steps
to ascertain definitely all the hazards involved both from
the actual operations and the chemical reactions including
the dangerous chemical reactions. The properties of the
raw materials used, the final products to be made and
any by-products derived during manufacture, shall be
carefully studied and provisions shall be made for dealing
with any hazards including effects on workers, which
may occur during manufacture.
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II.
Information in writing giving details of the process, its
hazards and the steps taken or proposed to be taken
from the design stage to disposal stage for ensuring the
safety as in sub-para (I) above should be sent to the
Chief Inspector at the earliest but in no case less than
15 days before commencing manufacture, handling, or
storage of any of items covered under Appendix ‘A’,
whether on experimental basis, or as pilot plant or as
trial production, or as large scale manufacture.
III.
The design, construction, installation, operation,
maintenance and disposal of the buildings, plant and
facilities shall take into consideration effective safeguards
against all the safety and health hazards so evaluated.
IV.
The requirements under the sub-Para (I) to (III) shall
not act in lieu of or in derogation to, any other provisions
contained in any Act governing the work.
6.
Authorized entry.—Authorized persons only shall be permitted
to enter any section of the factory or plant where any dangerous operations
or processes are being carried on or where dangerous chemical reactions
are taking place or where hazardous chemicals are stored.
7.
Examination of instruments and safety devices.—
I.
All instruments and safety devices used in the process shall
be tested before taking into use and after carrying out any
repair to them and examined once in a month, by a competent
person. Records of such tests and examinations shall be
maintained in a register.
II.
All instruments and safety devices used in the process shall
be operated daily or as often as it is necessary, to ensure its
effective and efficient working at all times.
8.
Electrical installations.—All electrical installations used in the
process covered in Appendix ‘A’ shall be of an appropriate type to ensure
safety against the hazard prevalent in that area such as suitability against
dust, dampness, corrosion, flammability and explosivity etc. and shall confirm
to the relevant ISI specifications governing their construction and use for
that area.
9.
Handling and storage of chemicals.—
I.
The containers for handling and storage of chemicals shall
be of adequate strength taking into consideration the
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hazardous nature of the contents. They shall also be provided
with adequate labelling and colour coding arrangements to
enable identification of the containers and their contents
indicating the hazards and safe handling methods and shall
conform to the respective ISI standards. The instructions
given in the label shall be strictly adhered to. Damaged
containers shall be handled only under supervision of a
knowledgeable and responsible person and spillage shall be
rendered innocuous in a safe manner using appropriate means.
II.
The arrangements for the storage of chemicals including
charging of chemicals in reaction vessels and containers shall
be such as to prevent any risk of fire or explosion or formation
of toxic concentration of substances above the limits specified
in Rule 66.
III.
Without prejudice to the generality of the requirements in
sub- Para (II) above, the arrangements shall have suitable
ventilation facilities and shall enable the maintenance of safe
levels in vessels and containers. Such arrangements shall
also take into consideration, the type of flooring and the
capacity of flooring and the compatibility requirements of
substances with other chemicals stored nearby.
IV.
(a) Storage of chemicals and intermediate products, which
are highly unstable or reactive or explosive, shall be
limited to the quantities required for two months use ;
(b) Whenever the quantities laid down in the above
clause (a) are to be exceeded, the permission of the
Chief Inspector-cum-Facilitator shall be obtained ;
(c) Notwithstanding anything contained in clauses (a) and
(b) above, the Chief Inspector-cum-Facilitator may direct
any factory carrying out processes covered in
Appendix ‘A’ to further limit the storage of hazardous
substances to quantities less than two months on
considerations of safety ;
(d) Standby arrangements equal to the biggest container shall
always be available to transfer the toxic substances
quickly into the standby storage facility if any defect
develops in any of the container resulting in the release
of toxic substances.
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V.
Any storage facility constructed using non-metallic
material such as Fibreglass Reinforced Plastics (FRP),
all glass vessels etc., shall have adequate strength to
withstand the stress, if any, exerted by the contents and
shall be properly anchored. Working platforms, access
ladders, pipelines etc. used in such storage facility shall
not have any support on the structure of the storage
facility and shall be independently supported.
10.
Facility for isolation.—The plant and equipment shall be so
constructed and maintained as to enable quick isolation of plant or part of
plant or equipment, with appropriate indication. One copy of the layout plan
indicating the isolation facilities shall always be available with the security
personnel, the maintenance and the health and safety personnel and these
isolation facilities shall be checked for its effectiveness once in a month.
11. Personal protective equipment.—
I.
All workers exposed to the hazards in the processes
covered by this Schedule shall be provided with
appropriate and approved type of personal protective
equipment. Such equipment shall be in a clean, sterile
and hygienic condition before issue.
II.
The occupier shall arrange to inform, educate and
supervise all the workers in the use of personal protective
equipment while carrying out the job.
III.
As regards any doubt regarding the appropriateness of
any personal protective equipment, the decision of the
Chief Inspector-cum-Facilitator will be final.
12. Alarm Systems.—
I.
Suitable and effective alarm systems giving audible and visible
indications, shall be installed at the control room as well as in
all strategic locations where process control arrangements
are available so as to enable corrective action to be taken
before the operational parameters exceed the predetermined
safe levels or lead to conditions conducive for an outbreak
of fire or explosion to occur. Such alarm systems shall be
checked daily and tested every month at least once to ensure
its performance efficiency at all times.
II.
The Chief Inspector-cum-Facilitator may direct such system
to be installed in case of plants or processes where toxic
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materials are being used and spillage or leakage of which
may cause wide spread poisoning in or around the plant.
13.
Control of escape of substances into the work
atmosphere .–
I.
Effective arrangements such as, enclosure, or by pass, or
efficient exhaust draught, maintenance of negative pressure
etc., shall be provided in all plants, containers, vessels, sewers,
drains, flues, ducts, culverts, and buried pipes and equipment,
to control the escape and spread or substances which are
likely to give rise to fire or explosion or toxic hazards during
normal working and in the event of accident or emergency.
II.
In the event of the failure of the arrangements for control
resulting in the escape of substances in the work atmosphere
immediate steps shall be taken to control the process in such
a manner, that further escape is brought down to the safe
level.
III.
the substances that would have escaped into the work
atmosphere before taking immediate steps as required in sub-
Para (II), shall be rendered innocuous by diluting with air or
water or any other suitable agent or by suitably treating the
substances.
14.
Control of dangerous chemical reactions.—Suitable
provision, such as automatic and or remote control arrangements, shall be
made for controlling the effects of ‘dangerous chemical reactions’. In the
event of failure of control arrangements automatic flooding or blanketing or
other effective arrangements shall come into operation.
15.
Testing, examination and repair of plant and equipment.—
I.
All parts of plant, equipment and machinery used in the
process which in the likely event of their failure may give
rise to an emergent situation shall be tested by a competent
person before commencing process and retested at an interval
of two years or after carrying out repairs to it. The competent
person shall identify the parts of the plant, equipment and
machinery required to be tested as aforesaid and evolve a
suitable testing procedures. In carrying out the test mentioned
above in respect of pressure vessels or reaction vessels the
following precautions shall be observed, namely–
(a) before the test is carried out, each vessel shall be
thoroughly cleaned and examined externally, and as far
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as practicable, internally also for surface defects,
corrosion and foreign matters. During the process of
cleaning and removal of sludge, if any, all due precautions
shall be taken against fire or explosion, if such sludge is
of pyropheric nature or contains spontaneously
combustible chemicals ;
(b) as soon as the test is completed, the vessel shall be
thoroughly dried internally and shall be clearly stamped
with the marks and figures indicating the person by whom
testing has been done, and the date of test ; and
(c) any vessel which fails to pass the test or which for any
other reason is found to be unsafe for use shall be
destroyed or rendered unusable under intimation to the
Chief Inspector-cum-Facilitator.
II.
All parts of plant, equipment, machinery which is the likely
event of failure may give rise to an emergent situation shall
be examined once in a month by the competent person.
III.
Records of testing and examination referred to in paragraphs
(I) and (II) shall be maintained as long as that part of the
plant, equipment and machinery are in use.
IV.
All repair work including alteration, modification and addition
to be carried out to the plant, equipment and machinery shall
be done under the supervision of a responsible person who
shall evolve a procedure to ensure safety and health of
persons doing the work. When repairs or modification is done
on pipelines, and joints are required to be welded, butt welding
of joints shall be preferred. Wherever necessary, the
responsible person shall regulate the aforesaid work through
a ‘Permit to work system’.
16. Staging.—
I.
All staging that is erected for the purpose of maintenance
work or repair work or for work connected with entry into
confined spaces and used in the processes included in
Appendix ‘A’, shall be stable, rigid and constructed out of
substantial material of adequate strength. Such staging shall
conform to the respective Indian Standard specifications.
II.
Staging shall not be erected over any closed or open vessel
unless the vessel is so constructed and ventilated to prevent
exposure of persons working on the stages.
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III.
All the staging constructed for the purpose of this Para shall
have appropriate access which are safe and shall be fitted
with proper hand rails to a height of one metre and toe board.
17.
Seating Arrangements.—The seating arrangements provided
for the operating personnel working in processes covered in Appendix ‘A’
shall be located in a safe manner as to prevent the risk of exposure to toxic,
flammable and explosive substances evolved inthe work environment in
the course of manufacture or repair or maintenance, either due to failure of
plant and equipment or due to the substances which are under pressure,
escaping into the atmosphere.
18.
Entry into or work in confined spaces.—
I.
The occupier of every factory to which the provisions of
this schedule apply, shall ensure the observance of the
following precautions before permitting any person to enter
or work inside the confined spaces—
(a) identify all confined spaces and the nature of hazards
that are encountered in such spaces, normally or
abnormally, and arrange to develop the most appropriate
safeguards for ensuring the safety and health of persons
entering into or working inside, the confined spaces ;
(b) regulate the entry or work inside the confined spaces
through a ‘permit to work system’ which should
include the safeguards so developed as required under
sub-clause (a) above ;
(c) before testing the confined space for entry into or work,
the place shall be rendered safe by washing or cleaning
with neutralising agents; or purging with steam or inert
gases and making adequate forced ventilation
arrangements or such measure which will render the
confined space safe ;
(d) Shall arrange to carry out such tests as are necessary for
the purpose by a competent person and ensure that the
confined space is safe for the persons to enter or work.
Such testing shall be carried out as often as is necessary
during the course of work to ensure its continued safety ;
(e) shall arrange to educate and train the personnel who would
be required to work in confined spaces about the hazards
involved in the work. He shall also keep in readiness the
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appropriate and approved personal protective equipment
including arrangements for, rescue resurrection and first
aid, and shall arrange supervision of the work at all times
by a responsible and knowledgeable person.
II.
The manager shall maintain a log of all entry into or work in,
confined spaces and such record shall contain the details of
persons assigned for the work, the location of the work and
such other details that would have a bearing on the log book
so maintained shall be retained as long as the concerned
workers are in service and produces to the Inspector when
demanded.
19. Maintenance work etc.—
I.
All the work connected with the maintenance of plants and
equipment including cleaning of empty containers which have
held hazardous substances used in the processes covered in
this Schedule, shall be carried out under ‘permit to work
system’ employing trained personnel and under the
supervision of responsible person, having knowledge of the
hazards and precautions required to deal with them.
II.
Maintenance work shall be carried out in such a manner
that there is no risk to persons in the vicinity or to persons
who pass by. If necessary, the place of such work shall be
cordoned off or the presence of unconnected persons
effectively controlled.
20.
Permit to work system.—The permit to work system shall
inter alia include the observance of the following precautions while carrying
out any specified work to be subjected to the permit to work system :—
(a) all work subject to the permit to work system shall be carried
out under the supervision of a knowledgeable and responsible
person ;
(b) all parts of plant or machinery or equipment on which permit to
work system is carried out, shall remain isolated from other parts
throughout the period of permit to work and the place of work
including the parts of plant, machinery shall be rendered safe by
cleaning, purging, washing, etc. ;
(c) all work subject to the permit to work system shall have
predetermined work procedures which integrate safety with the
work. Such procedures shall be reviewed whenever any change
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occurs in material or equipment so that continued safety is
ensured ;
(d) persons who are assigned to carry out the permit to work system
shall be physically fir in all respects taking into consideration the
demands and nature, of the work before entering into the confined
space. Such person shall be adequately informed about the correct
work procedures as well as the precautions to be observed while
carrying out the permit to work system ;
(e) adequate rescue arrangements wherever considered necessary
and adequate first aid, rescue and resurrection arrangements
shall be available in good working condition near the place of
work while carrying out the permit to work system, for use in
emergency ;
(f) appropriate and approved personal protective equipment shall
be used while carrying out the ‘permit to work system’ ;
(g) after completion of work subject to the ‘permit to work system’
the person responsible shall remove all the equipment and tools
and restore to the original condition so as to prevent any danger
while carrying out regular process.
21.
Safety sampling personnel.—The occupier shall ensure the
safety of persons assigned for collecting samples by instructing them on
the safe procedures. Such personnel shall be provided with proper and
approved personal protective equipment, if required.
22. Ventilation.—Adequate ventilation arrangements shall be
provided and maintained at all times in the process area where dangerous
or toxic or flammable or explosive substances could be evolved. These
arrangements shall ensure that concentrations, which are either harmful or
could result in explosion, are not permitted to be built up in the work
environment.
23.
Procedures for meeting emergencies.—
I.
The occupier of every factory carrying out the works covered
in Appendix ‘A’, shall arrange to identify all types of possible
emergencies that could occur in the processes during the
course of work or while carrying out maintenance work or
repair work. The emergencies so identified shall be reviewed
every year.
II.
The occupier shall formulate a detailed plan to meet all such
identified emergencies including arrangements for
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summoning outside help for rescue and fire fighting
arrangements for making available urgent medical facilities.
III.
The occupier shall send the list of emergencies and the details
of procedures and plans formulated to meet the emergencies,
to the Chief Inspector of Factories.
IV.
The occupier shall arrange to install distinctive and
recognisable warning arrangements to caution all persons
inside the plant as well as the neighbouring community, if
necessary, to enable evacuation of persons and to enable
the observance of emergency procedures by the persons
who are assigned emergency duties. All concerned must be
well informed about the warning arrangements and their
meaning. The arrangements must be checked for its
effectiveness every month.
V.
Alternate power supply arrangements shall be made and
interlocked with the normal power supply system so as to
ensure constant supply of power to the facilities and
equipment meant for compliance with requirements of
Paragraphs 10, 11, 12, 13, 14, 18, 22, and this paragraph of
Part II, Part III, Part IV and Part V of this Schedule.
VI.
The occupier shall arrange to suspend the further process
work in a place where emergency is established and shall
forthwith evacuate all persons in that area except workers
who have been assigned emergency duties.
VII.
All the employees of the factory shall be trained about the
action to be taken by them including evacuation procedures
during emergencies.
VIII.
All emergency procedures must be rehearsed every three
months and deficiencies, if any, in the achievement of the
objectives shall suitably be corrected.
IX.
The occupier shall arrange to have ten per cent of the
workers trained in the use of First Aid Fire Fighting appliances
and in the rendering of specific hazards of the particular
process.
X.
The occupier shall furnish immediately on request the specific
chemical identity of the hazardous substance to the treating
physician where the information is needed to administer
proper emergency or first-aid treatment to exposed persons.
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24. Danger due to effluents.—
I.
Adequate precautions shall be taken to prevent the mixing
of effluents from different processes and operations which
may cause dangerous or poisonous gases to be evolved.
II.
Effluents which contain or give rise in the presence of other
effluents to poisonous gases shall be provided with
independent drainage systems to ensure that they may be
trapped and rendered safe.
PART III
Fire and Explosion Risks
1.
Sources of ignition including lighting installation.—
I.
No internal combustion engine and no electric motor or other
electrical equipment, and fittings and fixtures capable of
generating sparks or otherwise causing combustion or any
other source of ignition or any naked light shall be installed
or permitted to be in the process area where there could be
fire and explosion hazards.
II.
hot exhaust pipes shall be installed outside a building and
other hot pipes or hot surface or surfaces likely to become
hot shall be suitably protected.
III.
The classification of work areas in terms of its hazard
potential and the selection of electrical equipment or other
equipment that could constitute a source of ignition shall be
in accordance with the respective Indian Standard.
IV.
Where a flammable atmosphere may be prevalent or could
occur, the soles of footwear worn by workers shall have no
metal on them, and the wheels of trucks or conveyors shall
be conductive type.
V.
All tools and appliances used for work in this area shall be
of non-sparking type.
VI.
Smoking in process areas where there are risks of fire and
explosion shall be prohibited, and warning notices in the
language understood by majority of workers shall be posted
in the factory prohibiting smoking into specified areas.
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2.
Static Electricity.—
I.
All machinery and plant, particularly, pipe lines and belt drives,
on which static charge is likely to accumulate, shall be
effectively earthed. Receptacles for flammable liquids shall
have metallic connections to the earthed supply tanks to
prevent static sparking. Where necessary, humidity shall be
regulated.
II.
Mobile tanker wagons shall be earthed during filling and
discharge, and precautions shall be taken to ensure that
earthing is effective before such filling or discharge take
place.
3. Lightening protection.—Lightening protection arrangement shall
be fitted where necessary, and shall be maintained.
4. Process heating.—The method of providing heat for a process
likely to result in fire and explosion shall be as safe as possible and where
the use of naked flame is necessary, the plant shall be so constructed as to
prevent any escaping flammable gas, vapour, or dust coming into contact
with the flame, or exhaust gases, or other sources likely to cause ignition.
Wherever possible, the heating arrangement shall be automatically controlled
at a pre-determined temperature below the danger temperature.
5. Leakage of flammable liquids.—
I.
Provision shall be made to confine by means of bund walls,
dykes, sumps etc. Possible leakages from storage vessels
containing flammable liquids.
II.
Waste material in contact with flammable substances shall
be disposed off suitably under the supervision of
knowledgeable and responsible person.
III.
Adequate and suitable fire-fighting appliances shall be
installed in the vicinity of such vessels.
6. Safety valves.—Every still and every closed vessel which gas is
evolved or into which gas is passed, and in which the pressure is liable to
rise above the atmospheric pressure, shall have attached to it a pressure
gauge, and a proper safety valve or other equally efficient means to relieve
the pressure. These appliances shall be maintained in good condition.
7. Installation of pipe line etc.—All pipelines carrying flammable
or explosive substances shall be protected from mechanical damage and
shall be examined by a responsible person once a week to detect any
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deterioration or defects, or accumulation of flammable or explosive
substances, and record kept of any defects found and repairs made.
8. Fire fighting systems.—
I.
Every factory employing 500 or more persons and carrying
out processes listed in Appendix ‘A’ shall provide—
(a) Trained and responsible fire fighting squad so as to
effectively handle the fire fighting and life saving
equipment in the event of fire or other emergency.
Number of persons in this squad will necessarily depend
upon the size of risk involved, but in no case shall be less
than 8 such trained persons to be available at any time.
The squad shall consist of watch and ward personnel,
fire pump man and departmental supervisors and
operators trained in the operation of fire and emergency
services ;
(b) Squad leaders shall preferably be trained in a recognized
government institution and their usefulness enhanced by
providing residence on the premises ;
(c) Squad personnel shall be provided with clothing and
equipment including helmets, boots and belts.
II.
A muster roll showing the duties allocated to each member
of the squad shall be prepared and copies supplied to each
leader as well as displayed in prominent places so as to be
easily available for reference in case of emergency.
III.
The pump man shall be thoroughly conversant with the
location of all appliances. He shall be responsible for
maintaining all fire fighting equipment in proper working
order. Any defect coming to his notice shall be immediately
be brought to the notice of squad leader.
IV.
As far as is practicable, the fire pump room and the main
gate(s) of the factory be connected to all manufacturing or
storing areas through telephone interlined and placed in a
convenient location near such areas.
PART IV
Risks of Toxic Substances
1.
Leakage.—
I.
All plants shall be so designed and constructed as to prevent
the escape of toxic substance. Where necessary, separate
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buildings, rooms, or protective structures shall be used for
the dangerous stages of the process and buildings shall be
so designed as to localize any escape of toxic substances.
II.
Catch pits, bund walls, dykes, or other suitable safeguards
shall be provided to restrict the serious effects of such
leakages. Catch pits shall be placed below joints in pipelines
where there is danger involved to maintenance and other
workers from such leakage.
2.
Drainage - Adequate drainage shall be provided and shall lead
to collection tanks specifically provided for this purpose wherein deleterious
material shall be neutralised, treated or otherwise rendered safe before it is
discharged into public drains or sewers.
3.
Covering of vessels.—
I.
Every fixed vessel or structure containing any toxic substance
and not so covered as to eliminate all reasonable risk of
accidental contact of any portion of the body of a worker,
shall be so constructed as to avoid physical contact.
II.
Such vessel shall, unless its edge is at least 90 centimetres
above the adjoining ground or platform, be securely fenced
to a height of at least 90 centimetres above such adjoining
ground or platform.
III.
Where such vessels adjoin and the space between them,
clear of any surrounding brick or other work is either less
than 45 centimetres in width or is 45 or more centimetres in
width, but is not securely fenced on both sides to a height of
at least 90 centimetres, secure barriers shall be so placed as
to prevent passage between them :
Provided that sub-paragraph (II) of this paragraph shall not
apply to –
(a) saturators used in the manufacture of sulphate of
ammonia ; and
(b) That part of the sides of brine evaporating pans which
require raking, drawing or filling.
4. Continuous exhaust arrangement.—
I.
Any process evolving toxic vapour, gas, fume and substance
shall have efficient continuous exhaust draught. Such
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arrangement shall be interlocked in the process control
wherever possible.
II.
In the event of failure of continuous exhaust arrangement
means shall be provided to automatically stop the process.
5. Work Bench.—All the work benches used in the processes
involving the manipulation of toxic substances shall be graded properly and
shall be made of smooth impervious surface which shall be washed daily
after the completion of work.
6. Waste disposal.—
I.
There shall be provided a suitable receptacle made of non-
absorbable material with a tightly fitting cover for depositing
waste material soiled with toxic substances and the contents
of such receptacle shall be destroyed by burning or using
other suitable methods under the supervision of a responsible
person.
II.
During the course of manufacture, whenever any batch or
intermediate products having toxicity is rejected on
considerations of quality, sufficient precautions shall be taken
to render them innocuous or otherwise treat them or
inactivate them, before disposal.
III.
The empty containers of toxic substances shall be cleaned
thoroughly before disposal under the supervision of a
responsible person.
PART V
Special Provisions
1.
Special precautions for Nitro or Amino Processes.—
I.
Unless the crystallized intro or amino substances or any of
its liquor is broken or agitated in a completely enclosed
process so as not to give rise to dust or fume, such process
shall be carried on under an efficient exhaust draught or by
adopting any other suitable means in such a manner as to
prevent the escape of dust or fume in the working
atmosphere.
II.
No part of the plant or equipment or implements which was
in contact with nitro or amino compounds shall be repaired,
or handled unless they have been emptied and thoroughly
cleaned and decontaminated.
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III.
Filling of containers with nitro or amino compounds shall be
done only by using a suitable scoop to avoid physical contact
and the drying of the containers in the stove shall be done in
such a manner that the hot and contaminated air from the
stove is not drawn into the work room.
IV.
Processes involving the steaming into or around any vessel
containing nitro or amino compounds or its raw materials
shall be carried out in such a manner that the steam or vapour
is effectively prevented to be blown back into the working
atmosphere.
V.
Suitable antidotes such as methylene blue injections shall
always be available at designated places of work for use
during emergency involving the poisoning with nitro or amino
compounds.
2. Special precautions for ‘chrome processes’.—
I.
Grinding and sieving of raw materials in chrome processes
shall be carried on in such a manner and under such condition
as to secure effective separation from any other processes
and under an efficient exhaust draught.
II.
There shall be washing facilities located very near to places
where wet chrome processes such as leaching, acidification,
sulphate settling, evaporation, crystallisation, centrifugation
or packing are carried out, to enable quick washing of
affected parts of body with running water.
III.
Weekly inspection of hand and feet of all persons employed
in chrome process shall be done by a qualified nurse and
record of such inspections shall be maintained in a form
approved by the Chief Inspector of Factories.
IV.
There shall be always available at designated places of work
suitable ointment such as glycerine, vaseline, etc. and water
proof plaster in a separate box readily accessible to the
workers so as to protect against perforation of nasal septum.
3. Special precautions for processes carried out in all glass
vessels.—
I.
Processes and chemical reactions such as manufacture of
vinyl chloride, benzyl chloride etc. which are required to be
carried out in all glass vessels shall have suitable means like
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substantial wire mesh covering to protect persons working
nearby in the event of breakage of glass vessel.
II.
Any spillage or emission of vapour from the all glass vessel
due to breakage, shall be immediately inactivated or rendered
innocuous by suitable means such as dilution with water or
suitable solvents so as to avoid the risks of fire or explosion
or health hazards.
4. Special precautions for processes involving chlorate
manufacture.—
I.
Crystallisation, grinding or packing of chlorate shall not be
done in a place used for any other purpose and such places
shall have hard, smooth and impervious surface made of
non-combustible material. The place shall be thoroughly
cleaned daily.
II.
The personal protective equipment likes overall, etc. provided
for the chlorate workers shall not be taken from the place of
work and they shall be thoroughly cleaned daily.
III.
Adequate quantity of water shall be available near the place
of chlorate process for use during fire emergency.
IV.
Wooden vessels shall not be used for the crystallisation of
chlorate or to contain crystallised ground chlorate.
5. Special precautions in the use of plant and equipment made
from reinforced plastics.—
I.
All plant and equipment shall conform to appropriate Indian
or any other National Standard.
II.
Care shall be taken during storage, transport, handling and
installation of plant and equipment to avoid accidental
damage.
III.
All plant and equipment shall be installed in such a way as to
ensure that loads are distributed as intended in design or as
per the recommendations of the manufacture.
IV.
All pipe work shall be supported so that total loads local to
the branches on the vessel or tank do not exceed their design
values.
V.
After erection all plant and equipment shall be subjected to
a pressure test followed by a thorough examination by a
competent person. The test and examination shall be as per
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relevant Standard. A certificate of test and examination by a
competent person shall be obtained and kept available at
site.
VI.
All plant and equipment shall be subjected to periodical
test and examination and record maintained as per
Paragraph 15 in Part II of this Schedule.
VII.
Plant and equipment during their use shall not be subjected
to over filling or over loading beyond rated capacity.
PART VI
Medical Requirements
1. Decontamination facilities.—In all places where toxic
substances are used in processes listed in Appendix ‘A’ the following
provisions shall be made to meet an emergency :—
(a) fully equipped first aid box ;
(b) readily accessible means of drenching with water persons, parts
of body of persons, and clothing of persons who have been
contaminated with such toxic and corrosive substances, and such
means shall be as shown in the Table below :—
No. of persons
No. of drenching showers
employed at any time
––––––––––––––––––––––––––––––––––———————————
Upto 50 persons
2
Between 51 to 100
3
101 to 200
3 + 1 for every 50 persons thereafter
201 to 400
5 + 1 for every 100 persons thereafter
401 and above
7 + 1 for every 200 persons thereafter
(c) a sufficient number of eye wash bottles filled with distilled water
or suitable liquid, kept in boxes or cupboards conveniently situated
and clearly indicated by a distinctive sign which shall be visible
at all times.
2.
Occupational health centre.—In all the factories carrying out
processes covered in Appendix ‘A’ there shall be provided and maintained
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in good order an occupational health centre with facilities as per scale laid
down hereunder—
i.
For factories employing upto workers—
(a) the services of a qualified medical practitioner hereinafter known
as Factory Medical Officer, available on a retainership basis, in
his notified clinic near to the factory for seeking medical help
during emergency. He will also carry out the pre-employment
and periodical medical examinations as stipulated in paragraph 4
of this Part.
(b) A minimum of five persons trained in first aid procedures,
amongst whom at least one shall always be available during the
working period.
(c) A fully equipped first aid box.
ii.
For factories employing 51 to 200 workers –
(a) The occupational health centre shall have a room having a
minimum floor area of 15 sq.m., with floors and walls made of
smooth, hard and impervious surface and shall be adequately
illuminated, ventilated and equipped.
(b) A part-time Factory Medical Officer will be in over all charge
of the Centre who shall visit the factory minimum twice in a
week and whose services shall be readily available during
emergencies.
(c) There shall be one qualified and trained dresser-cum-compounder
on duty throughout the working period.
(d) A fully equipped first aid box.
iii.
For factories employing above 200 workers–
(a) There shall be one full-time Factory Medical Officer for factories
employing upto 500 workers and one more medical officer for
every 1000 workers or part thereof.
(b) The occupational health centre in this case shall have a minimum
of 2 rooms each having a minimum floor area of 15 sq.m. with
floors and walls made of smooth, hard and impervious surface
and shall be adequately illuminated, ventilated and equipped.
(c) There shall be one trained nurse, one dresser-cum-compounder
and one sweeper-cum-ward boy throughout the working period.
(d) The Occupational Health Centre in this case shall be suitably
equipped to manage medical emergencies.
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3.
Ambulance Van.—
I.
In every factory carrying out processes covered in
Appendix ‘A’, there shall be provided and maintained in good
condition, a suitably constructed and fully equipped
ambulance van as per Appendix ‘C’ manned by a full-time
driver-cum-mechanic and a helper, trained in first aid for the
purposes of transportation of serious cases of accidents or
sickness unless arrangements for procuring such facility at
short notice during emergencies have been made with the
nearby hospital or other places. The Ambulance Van shall
not be used for any purpose other than the purpose stipulated
herein and will always be available near the Occupational
Health Centre.
II.
The relaxation to procure Ambulance Van from nearby places
provided for in sub-para (I) above will not be applicable to
factories employing more than 500 workers.
4.
Medical examination.—
I.
Workers employed in processes covered in Appendix ‘A’
shall be medically examined by a Factory Medical Officer
in the following manner–
(a) Once before employment, to ascertain physical suitability
of the person to do the particular job ;
(b) Once in a period of 6 months, to ascertain the health
status of the worker ; and
(c) The details of pre-employment and periodical medical
examinations carried out as aforesaid shall be recorded
in the prescribed form.
II.
Any finding of the Factory Medical Officer revealing any
abnormality or unsuitability of any person employed in the
process shall immediately be reported to the Certifying
Surgeon who shall in turn, examine the concerned workers
and communicate his findings within 30 days. If the Certifying
Surgeon is of the opinion that the person so examined is
required to be suspended from the process for health
protection he will direct the occupier accordingly, who shall
not employ the said worker in the same process. However,
the person so suspended from the process shall be provided
with alternate placement facilities unless he is fully
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incapacitated in the opinion of the Certifying Surgeon, in which
case the person affected shall be suitably rehabilitated :
Provided that the Certifying Surgeon on his own may examine
any other worker whom he feels necessary to be examined
for ascertaining the suitability of his employment in the
process covered in Appendix ‘A’ or for ascertaining the health
status of any other worker and his opinion shall be final.
III.
No person shall be newly appointed without the Certificate
of Fitness granted by the Factory Medical Officer. If the
Factory Medical Officer declares a person unfit for being
appointed to work in the process covered in Appendix ‘A’,
such person shall have a right of appeal to the Certifying
Surgeon, whose opinion shall be final in this regard.
IV.
The worker suspended from the process owing to the
circumstances covered in sub-para (2) shall be employed
again in the same process only after obtaining the Fitness
Certificate from the Certifying Surgeon and after making
entries to that effect in the health register.
PART VII
Additional Welfare Amenities
1.
Washing facilities.—
I.
There shall be provided and maintained in every factory for
the use of all the workers taps for washing, at the rate of
one every 15 persons including liquid soap in a container
with tilting arrangements and nail brushes or other suitable
means for effective cleaning. Such facilities shall be
conveniently accessible and shall be kept in a clean and
hygienic condition.
II.
If washing facilities as required above are provided for
women, such facilities shall be separate for them and
adequate privacy at all times shall be ensured in such facilities.
2.
Mess room facilities.—
I.
The occupier of all the factories carrying out processes
covered in Appendix ‘A’ and employing 50 workers or more,
shall provide for all the workers working in a shift mess
room facilities which are well ventilated and provided with
tables and sitting facilities along with the provision of cold
and hygienic drinking water facilities.
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II.
Such facilities shall include suitable arrangements for cleaning
and washing and shall be maintained in a clean and hygienic
condition.
3.
Cloakroom facilities.—
I.
The occupier of every factory carrying out any process
covered in Appendix ‘A’ shall provide for all the workers
employed in the process cloak room facilities with lockers.
Each worker shall be provided with two lockers, one for
work clothing and another separately for personal clothing
and the lockers should be such as to enable the keeping of
the clothing in a hanging position.
II.
The cloak room facilities provided in pursuance of sub-para
(I) shall be located as far as possible near to the facilities
provided for washing in pursuance of para 1(I). If it is not
possible to locate the washing facilities the cloakroom facilities
shall have adequate and suitable arrangements for cleaning
and washing.
4.
Special bathing facilities.—
I.
The occupier of any factory carrying out the process covered
under Appendix ‘B’ shall provide special bathing facilities
for all the workers employed and such facilities shall be
provided at the rate of 1 for 25 workers and part thereof,
and shall be maintained in a clean and hygienic condition.
II.
The occupier shall insist all the workers employed in the
processes covered in Appendix ‘B’ to take bath after the
completion of the day’s or shift work using the bathing
facilities so provided and shall also effectively prevent such
of those workers taking bath in any place other than the
bathing facilities.
III.
Notwithstanding anything contained in sub-para (I) above,
the Chief Inspector may require in writing the occupier of
any factory carrying out any other process for which his
opinion bathing facilities are essential from the health point
of view, to provide special bathing facilities.
PART VIII
1.
Duties of workers.—
I.
Every worker employed in the processes covered in Appendix
‘A’ and Appendix ‘B’ shall not make safety device or
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appliance or any guarding or fencing arrangement, inoperative
or defective and shall report the defective condition of the
aforesaid arrangements as soon as he is aware of any such
defect.
II.
Before commencing any work, all workers employed in
processes covered in Appendix ‘A’ shall check their
workplace as well as the machinery, equipment or appliance
used in the processes and report any mal-function or defect
immediately to the supervisor or any responsible person of
the management.
III.
All workers shall co-operate in all respects with the
management while carrying out any work or any emergency
duty assigned to them in pursuance of this schedule and shall
always use all the personal protective equipment issued to
them in a careful manner.
IV.
All workers employed in the processes covered in
Appendix ‘A’ or Appendix ‘B’ shall not smoke in the process
area or storage area. If special facilities are provided by the
management only such facilities should be used.
V.
All workers employed in the processes covered in
Appendix ‘A’ shall not remain in unauthorised place or carry
out unauthorised work or improvise any arrangement or adopt
short out method or misuse any of the facilities provided in
pursuance of the Schedule, in such a manner as to cause
risk to themselves as well as or to others employed.
VI.
The workers shall not refuse undergoing medical examination
as required under these rules.
PART IX
Restrictions on the employment of young persons
under 18 years of age and women
1.
The Chief Inspector of Factories may by an order in writing,
restrict or prohibit the employment of women and young persons
under the age of 18, in any of the processes covered in
Appendix ‘A’ of this schedule on considerations of health and
safety of women and young persons.
2.
Such persons who are restricted or prohibited from working in
the process due to the order issued in pursuance of sub-para (1)
above shall be provided with alternate work which is not
detrimental to their health or safety.
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PART X
Exemptions
1. Power of exemption.—The State Government or subject to the
control of the State Government the Chief Inspector may exempt from the
compliance with any of the requirements of this Schedule partly or fully,
any factory carrying out processes covered in Appendix ‘A’, if it is clearly
and satisfactorily established by the occupier that the compliance with any
of the requirement is not necessary to ensure the safety and health of
persons employed suitable and effective alternate arrangements are
available to any of the requirements covered in this schedule.
Appendix ‘A’
Any works or that part of works in which–
(a) the manufacture, manipulation or recovery of any of the following
is carried on :—
i. sodium, potassium, iron, aluminium, cobalt, nickel, copper,
arsenic, antimony, chromium, zinc, selenium, magnesium,
cadmium, mercury, beryllium and their organic and
inorganic salts, alloys, oxides and hydroxides ;
ii. ammonia, ammonium hydroxide and salts of ammonium;
iii. the organic or inorganic compounds of sulphurous,
sulphuric, nitric, nitrous, hydrochloric, hydrofluoric,
hydriodic, hydro sulphuric, hydrobromic, boric ;
iv. cyanogen compounds, cyanide compounds, cyanate
compounds ;
v. phosphorous and its compounds other than oregano
phosphorus insecticides ;
vi. chlorine.
(b) hydrogen sulphide is evolved by the decomposition of metallic
sulphides, or hydrogen sulphide is used in the production of such
sulphides ;
(c) bleaching powder is manufactured or chlorine gas is produced in
chlor-alkali plants;
(d) i.
gas tar or coal tar or bitumen or shale oil asphalt or any residue
of such tar is distilled or is used in any process of chemicals
manufacture ;
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ii. tar based synthetic colouring matters or their intermediates
are produced ;
(e) nitric acid is used in the manufacture of nitro compounds;
(f) explosives are produced with the use of nitro compounds;
(g) aliphatic or aromatic compounds or their metallic and non-metallic
derivatives or substituted derivatives, such as chloroform, ethylene
glycol, formaldehyde, benzyle chloride, phenol, methyl ethyl keytone
peroxide, cobalt carbonyl, tungsten carbide etc. are manufactured
or recovered.
Appendix ‘B’
Concerning Special Bathing Accommodation in
pursuance of Para 4 of Part IV
1.
Nitro or amido processes.
2.
All chrome processes.
3.
Processes of distilling gas or coal tar or processes of chemical
manufacture in which tar is used.
4.
Processes involving manufacture, manipulation, handling or
recovery of cyanogens compound, cyanide compound, cyanate
compounds.
5.
Processes involving manufacture of bleaching powder or
production of chlorine gas in chloralkali plants.
6.
Manufacture, manipulation or recovery of nickel and its
compounds.
7.
All processes involving the manufacture, manipulation or recovery
of aliphatic or aromatic compounds or their derivatives or
substituted derivatives.
Appendix ‘C’
Ambulance should have the following equipment
General :
·
An wheeled stretcher with folding and adjusting devices; Head
of the stretcher must be capable of being tilted upward ;
·
Fixed suction unit with equipment ;
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·
Fixed oxygen supply with equipment ;
·
Pillow with case ;
·
Sheets ;
·
Blankets ;
·
Towels ;
·
Emesis bag ;
·
Bed pan ;
·
Urinal ;
·
Glass
Safety equipment :
·
Flares with life of 30 minutes
·
Flood lights;
·
Flash lights;
·
Fire extinguisher dry powder type;
·
Insulated gauntlets.
Emergency care equipment :-
Resuscitation :
·
Portable suction unit ;
·
Portable oxygen unit ;
·
Bag-valve-mask, hand operated artificial ventilation unit ;
·
Airways ;
·
Mouth gags ;
·
Tracheostomy adapters ;
·
Short spine board ;
·
I. V. Fluids with administration unit ;
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·
B.P. manometer;
·
Cugg;
·
Stethoscope
Immobilisation :
·
Long and short padded boards ;
·
Wire ladder splints ;
·
Triangular bandage ;
·
Long and short spine boards.
Dressings :
·
Gauze pads - 4" x 4" ;
·
Universal dressing 10" x 36" ;
·
Roll of aluminium foils;
·
Soft roller bandages 6" x 5 yards ;
·
Adhesive tape in 3" roll ;
·
Safety pins ;
·
Bandage sheets ;
·
Burn sheet.
Poisoning :
·
Syrup of Ipecac; (Pre-packeted in doses) ;
·
Activated charcoal ;
·
Snake bite kit ;
·
Drinking water.
Emergency Medicines :
·
As per requirement (under the advice of Medical Officer only)
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Schedule B-XIII
Manipulation of stone or any other material containing free silica
1.
Application.—This schedule shall apply to all factories or parts
of factories in which manipulation of stone or any other material containing
free silica is carried on.
2.
Definitions.—For the purpose of this Schedule,—
(a) “manipulation” means crushing, breaking, chipping, dressing,
grinding, sieving, mixing, grading or handling of stone or any other
material containing free silica or any other operation involving
such stone or material;
(b) “Stone or any other material containing free silica” means a
stone or any other solid material containing not less than 5% by
weight of free silica.
3.
Precautions in manipulation.—No manipulation shall be
carried out in a factory or part of a factory unless one or more of the
following measures, namely :—
(a) damping the stone or other material being processed ;
(b) providing water spray ;
(c) enclosing the process ;
(d) isolating the process ; and
(e) providing localised exhaust ventilation are adopted so as to
effectively control the dust in any place in the factory where any
person is employed, at a level equal to or below the maximum
permissible level for silica dust as laid down in Table 2 appended
to Rule 64 :
Provided that such measures as above said are not necessary if
the process or operation itself is such that the level of dust created
and prevailing does not exceed the permissible level referred to.
4.
Maintenance of floors.—
I.
All floors or places where fine dust is likely to settle on and
whereon any person has to work or pass shall be of
impervious material and maintained in such condition that
they can be thoroughly cleaned by a moist method or any
other method which would prevent dust being airborne in
the process of cleaning.
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II.
The surface of every floor of every work room or place
where any work is carried on or where any person has to
pass during the course of his work, shall be cleansed of dust
once at least during each shift after being sprayed with water
or by any other suitable method so as to prevent dust being
airborne in the process of cleaning.
5.
Prohibition relating young persons.—No young person shall
be employed or permitted to work in any of the operations involving
manipulation or at any place where such operations are carried out.
6.
Medical Facilities and records of examinations and tests.—
I.
The occupier of every factory to which the schedule applies,
shall—
(a) employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
employment shall be subject to the approval of the Chief
Inspector of Factories ; and
(b) provide to the said medical practitioner all the necessary
facilities for the purpose referred to in clause (I).
II.
The record of medical examinations and appropriate tests
carried out by the said medical practitioner shall be maintained
in separate register approved by the Chief Inspector of
Factories, which shall be kept readily available for inspection
by the Inspector.
7.
Medical examination by Certifying Surgeon.—
I.
Every worker employed in the processes specified in
paragraph 1, shall be examined by a Certifying Surgeon within
15 days of his first employment. Such medical examination
shall include pulmonary function test and chest X-Ray–
Posterior Anterior (PA) view to be compared with standard
ILO Radiographs on Pneumoconiosis. No worker shall be
allowed to work after 15 days of his first employment in the
factory unless certified fit for such employment by the
Certifying Surgeon.
II.
Every worker employed in the said processes shall be re-
examined by a Certifying Surgeon at least once in every
twelve months. Such re-examination shall, wherever the
Certifying Surgeon considers appropriate, include all the tests
as specified in sub-paragraph (I) except chest X-ray which
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will be carried out at least once in 3 years, which shall be
read by a radiologist specialized in the field of reading ILO
Radiographs on Pneumoconiosis.
III.
The Certifying Surgeon after examining a worker, shall issue
a Certificate of Fitness in Form XXIII. The record of
examination and re-examinations carried out shall be entered
in the Certificate and the Certificate shall be kept in the
custody of the manager of the factory. The record of each
examination carried out under sub-paragraphs (I) and (II),
including the nature and the results of the tests, shall also be
entered by the Certifying Surgeon in a health register in
Form XXIV.
IV.
The Certificate of Fitness and the health register shall be
kept readily available for inspection by the Inspector.
V.
If at any time the Certifying Surgeon is of the opinion that a
worker is no longer fit for employment in the said process
on the ground that continuance therein would involve special
danger to the health of the worker, he shall make a record of
his findings in the said Certificate and the health register.
The entry of his findings in these documents should also
include the period for which he considers that the said person
is unfit for work in the said processes. The person so
suspended from the process shall be provided with alternate
placement facilities unless he fully is incapacitated in the
opinion of the Certifying Surgeon, in which case the person
affected shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in sub-
paragraph (V) above shall be re-employed or permitted to
work in the said processes unless the Certifying Surgeon,
after further examination, again certifies him fit for
employment in those processes.
8. Work place/Environment Monitoring.—The occupier to ensure
work place/environment monitoring to be performed to determine magnitude
of exposure/concentration to evaluate engineering controls, selecting
respiratory protection, work practices and the need for medical surveillance—
(a)
Exposure/concentration measurements should be made in
the employee’s actual breathing zone ;
(b)
Total sampling time shall be at least 7 hours ;
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(c)
Work place/Environment Monitoring shall be repeated
quarterly ;
(d)
The report of dust sampling by occupier shall be made
available to the public
9.
Training/Awareness.—Workers shall be trained in the
following :—
(a) Health effects of free silica dust exposure ;
(b) Operations and material that produce free silica dust
hazards ;
(c) Engineering controls and work practice controls that reduce
dust concentration ;
(d) The importance of good housekeeping and cleanliness ;
(e) Proper use of personal protective equipment such as respirators
etc. ;
(f) Personal hygiene practices to reduce exposure.
10.
Exemptions.—If in respect of any factory, the Chief Inspector
is satisfied that owing to the exceptional circumstances or in frequency of
the processes or for any other reason, all or any of the provisions of this
schedule is not necessary for protection of the workers in the factory, the
Chief Inspector may by a certificate in writing, which he may in his discretion
revoke at any time, exempt such factory from all or any of such provisions
subject to such conditions, if any, as he may specify therein.
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Schedule B-XIV
Handling and processing of Asbestos, manufacture of any article of
Asbestos and any other process of manufacture or otherwise in
which Asbestos is used in any form.
1.
Application.—This schedule shall apply to all factories or parts
of factories in which any of the following processes is carried on :—
(a) breaking, crushing, disintegrating, opening, grinding, mixing or
sieving of asbestos and any other processes involving handling
and manipulation of asbestos incidental thereto ;
(b) all processes in the manufacture of asbestos textiles including
preparatory and finishing processes ;
(c) making of insulation slabs or sections, composed wholly or partly
of asbestos, and processes incidental thereto ;
(d) making or repairing of insulating mattresses, composed wholly
or partly of asbestos, and processes incidental thereto ;
(e) manufacture of asbestos cardboard and paper ;
(f) manufacture of asbestos cement goods ;
(g) application of asbestos by spray method ;
(h) sawing, grinding, turning, abrading and polishing in dry state of
articles composed wholly or partly of asbestos ;
(i) cleaning of any room, vessel, chamber, fixture or appliance for
the collection of asbestos dust ; and
(j) Any other processes in which asbestos dust is given off into the
work environment.
2.
Definition.—For the purpose of this Schedule—
(a) “asbestos” means any fibrous silicate mineral and any admixture
containing actionlite, amosite, anthophyllite, dhrysotile, crocidolite,
tremolite or any mixture thereof, whether crude, crushed or
opened ;
(b) “asbestos textiles” means yarn or cloth composed of asbestos
or asbestos mixed with any other material ;
(c) “approved” means approved for the time being in writing by the
Chief Inspector ;
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(d) “breathing apparatus” means a helmet or face piece with
necessary connection by means of which a person using it
breathes air free from dust, or any other approved apparatus;
(e) “Efficient exhaust draught” means a localised ventilation by
mechanical means for the removal of dust so as to prevent dust
from escaping into air of any place in which work is carried on.
No draught shall be deemed to be efficient which fails to control
dust produced at the point where such dust originates ;
(f) “preparing” means crushing, disintegrating, and any other
processes in or incidental to the opening of asbestos ;
(g) “Protective clothing” means overalls and head covering, which
(in either case) will when worn exclude asbestos dust.
2-A. Demolition of plants or structures.—No person shall carry
out any demolition of plants or structures containing friable asbestos insulation
material and removal of asbestos from building or structures in which
asbestos is liable to become air-borne, unless he is recognized and duly
empowered by the Chief Inspector of Factories as qualified to carry out
such work in accordance with the provisions of this Schedule.
3.
Tools and equipment.—Any tools or equipment used in
processes to which this schedule applies shall be such that they do not
create asbestos dust above the permissible limit or are equipped with efficient
exhaust draught.
4.
Exhaust draught.—
I.
An efficient exhaust draught shall be provided and
maintained to control dust from the following processes and
machines :—
(a) manufacture and conveying machinery namely—
i. preparing, grinding, or dry mixing machines ;
ii. carding, card waste and ring spinning machines, and
looms ;
iii. machines or other plant fed with asbestos ;
iv. machines used for the sawing, grinding, turning, drilling,
abrading or polishing; in the dry state, of articles composed
wholly or partly of asbestos ;
(b) cleaning, and grinding of the cylinders or other parts of a carding
machine ;
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(c) chambers, hoppers or other structures into which loose asbestos
is delivered or passes ;
(d) work-benches for asbestos waste sorting or for other
manipulation or asbestos by hand ;
(e) workplaces at which the filling or emptying of sacks, skips or
other portable containers, weighing or other process incidental
thereto which is effected by hand, is carried on ;
(f) sack cleaning machines ;
(g) mixing and blending of asbestos by hand ; and
(h) any other process in which dust is given off into the work
environment.
II.
Exhaust ventilation equipment provided in accordance with
sub-paragraph (I) shall, while any work of maintenance or
repair to the machinery, apparatus or other plant or equipment
in connection with which it is provided is being carried on,
be kept in use so as to produce an exhaust draught which
prevents the entry of asbestos dust into the air of any work
place.
III.
Arrangements shall be made to prevent asbestos dust
discharged from exhaust apparatus being drawn into the air
of any workroom.
IV.
The asbestos bearing dust removed from any workroom by
the exhaust system shall be collected in suitable recepticles
or filter bags which shall be isolated from all work areas.
5.
Testing and examination of ventilating systems.—
I.
All ventilating systems used for the purpose of extracting or
suppressing dust as required by this schedule shall be
examined and inspected once every week by a responsible
person. It shall be thoroughly examined and tested by a
competent person once in every period of 12 months. Any
defects found by such examinations or test shall be rectified
forthwith.
II.
A register containing particulars of such examination and
tests and the state of the plant and the repairs or alternations
(if any) found to be necessary shall be kept and shall be
available for inspection by an Inspector.
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6.
Segregation in case of certain process.—Mixing or blending
of asbestos by the hand, or making or repairing of insulating mattresses
composed wholly or partly of asbestos shall not be carried on in any room
in which any other work is done.
7.
Storage and distribution of loose asbestos.–All loose
asbestos shall while not in use be kept in suitable closed receptacles which
prevent the escape of asbestos dust threrefrom and such asbestos shall not
be distributed in the factory except in such receptacles or in totally enclosed
system of conveyance.
8.
Asbestos sacks.—
I.
All sacks used as receptacles for the purpose of transport
of asbestos within the factory shall be constructed of
impermeable materials and shall be kept in good repair.
II.
A sack which has contained asbestos shall not be cleaned
by hand beating but by a machine, complying with paragraph
4.
9.
Maintenance of floors and workplaces.—
I.
In every room in which any of the requirements of this
schedule apply–
(a) the floors, work-benches, machinery and plant shall be
kept in a clean state and free from asbestos debris and
suitable arrangements shall be made for the storage of
asbestos not immediately required for use; and
(b) the floors shall be kept free from any materials, plant
or other articles not immediately required for the work
carried on in the room, which would construct the proper
cleaning of the floor.
II.
The cleaning as mentioned in sub-rule (I) shall so for as is
practicable, as carried out by means of vacuum cleaning
equipment so designed and constructed and so used that
asbestos dust neither escapes nor is discharged into the air
of any work place.
III.
When the cleaning is done by any method other than that
mentioned in sub paragraph (II), the persons doing cleaning
work and any other person employed in that room shall be
provided with respiratory protective equipment and protective
clothing.
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IV.
The vacuum cleaning equipment used in accordance with
provisions of subparagraph (II), shall be properly maintained
and after each cleaning operation, its surfaces kept in a clean
state and free from asbestos waste and dust.
V.
Asbestos waste shall not be permitted to remain on the floors
or other surfaces at the work place at the end of the working
shift and shall be transferred without delay to suitable
receptacles. Any spillage of asbestos waste occurring during
the course of the work at any time shall be removed and
transferred to the receptacles maintained for the purpose
without delay.
10.
Breathing apparatus and protective clothing.—
I.
An approved breathing apparatus and protective clothing shall
be provided and maintained in good conditions for use of
every person employed—
(a) in chambers containing loose asbestos ;
(b) in cleaning, dust settling or filtering chambers of
apparatus ;
(c) in cleaning the cylinders, including the defer cylinders,
or other parts of a carding machine by means of hand-
strikes ;
(d) in filling, beating , or levelling in the manufacture or
repair of insulating mattresses ; and
(e) in any other operation or circumstances in which it is
impracticable to adopt technical means to control
asbestos dust in the work environment within the
permissible limit.
II.
Suitable accommodation in conveniently accessible position
shall be provided for the use of persons when putting on or
taking off breathing apparatus and protective clothing
provided in accordance with this rule and for the storage of
such apparatus and clothing when not in use.
III.
All breathing apparatus and protective clothing Washing not
in use shall be stored in the accommodation provided in
accordance with sub-rule (II) above.
IV.
All protective clothing in use shall be de-dusted under an
efficient exhaust draught or by vacuum cleaning and shall
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be washed at suitable intervals. The cleaning schedule and
procedure should be such as to ensure the efficiency in
protective the wearer.
V.
All breathing apparatus shall be cleaned and disinfected at
suitable intervals and thoroughly inspected once every month
by a responsible person.
VI.
A record of the cleaning and maintenance and of the condition
of the breathing apparatus shall be maintained in a register
provided for that purpose which shall be readily available
for inspection by an Inspector.
VII.
No person shall be employed to perform any work specified
in sub-paragraph (I) for which breathing apparatus is
necessary to be provided under that sub-paragraph unless
he has been fully instructed in the proper use of that
equipment.
VIII.
No breathing apparatus provided in pursuance of sub-
paragraph (I) which has been worn by a person shall be
worn by another person unless it has been thoroughly cleaned
and disinfected since last being worn and the person has
been fully instructed in the proper use of that equipment.
11.
Separate accommodation for personal clothing.—A separate
accommodation shall be provided in a conveniently accessible position for
all persons employed in operation to which this schedule applies for storing
of personal clothing. This should be separated from the accommodation
provided under sub-paragraph (II) of paragraph 10 to prevent contamination
of personal clothing.
12.
Washing and bathing facilities.—
I.
There shall be provided and maintained in a clean state and
in good repair for the use of all workers employed in the
processes covered by the schedule, adequate washing and
bathing places having a constant supply of water under cover
at the rate of one such place for every 15 persons employed.
II.
The washing places shall have standpipes place at intervals
of not less than one metre.
III.
Not less than one half of the total number of washing places
shall be provided with bathrooms.
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IV.
Sufficient supply of clean towels made of suitable material
shall be provided :
Provided that such towels shall be supplied individually for
each worker if so ordered by the Inspector.
V.
Sufficient supply of soap and nail brushes shall be provided.
13.
Mess room.—
I.
There shall be provided and maintained for the use of all
worker employed in the factory covered by this schedule,
remaining on the premises during the rest intervals, a suitable
mess room which shall be furnished with—
(a) sufficient tables and benches with back rest ; and
(b) adequate means for warming food.
II.
The mess room shall be placed under the charge of a
responsible person and shall be kept clean.
14.
Prohibition of employment of young persons.—No young
person shall be employed in any of the process covered by this schedule.
15.
Prohibition relating to smoking.—No person shall smoke in
any area where processes covered by this schedule are carried on. A notice
in the language understood by majority of the workers shall be posted in the
plant prohibiting smoking at such areas.
Cautionary notices.—
I.
Cautionary notices in the form specified in the appendix shall be
displayed at the approaches and along the perimeter of every
asbestos processing area to warn all persons regarding—
(a) hazards to health from asbestos dust ;
(b) need to use appropriate protective equipment ;
(c) Prohibition of entry to unauthorised persons, or
authorised persons but without protective equipment.
II. Such notices shall be in the language understood by the majority
of the workers.
17.
Air monitoring.—To ensure the effectiveness of the control
measures, monitoring of asbestos fibre in air shall be carried out once at
least in every shift and the record of the results so obtained shall be entered
in a register specially maintained for the purpose.
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18.
Medical facilities and records of medical examinations and
tests.—
I.
The occupier of every factory or part of the factory to which
the schedule applied, shall—
(a) employ a qualified medical practitioner for medical
surveillance of the workers covered by this schedule
whose employment shall be subject to the approval of
the Chief Inspector of Factories ;
(b) Provide to the said medical practitioner all the necessary
facilities for the purpose referred to in clause (a).
II.
The record of medical examinations and appropriated tests
carried out by the said medical practitioner shall be maintained
in a separate register approved by the Chief Inspector of
Factories, which shall be kept readily available for inspection
by the Inspectors.
19.
Medical examination by Certifying Surgeon.—
I.
Every worker employed in the processes specified in
paragraph 1 shall be examined by a Certifying Surgeon
within 15 days of his first employment. Such examination
shall include pulmonary function test and chest X Ray -
Posterior Anterior (PA) view to be compared with standard
ILO Radiographs on Pneumoconiosis. No worker shall be
allowed to work after 15 days of his first employment in the
factory unless certified fit for such employment by the
Certifying Surgeon.
II.
Every worker employed in the process referred to
sub-paragraph (I) shall be re-examined by a Certifying
Surgeon at least once in every twelve calendar months. Such
examination shall, wherever the Certifying Surgeon considers
appropriate, include all the tests specified in sub-
paragraph (I) except chest X-ray which shall be read by a
radiologist specialized/trained in the field of reading ILO
Radiographs on Pneumoconiosis which will be carried out
once in 3 years.
III.
The Certifying Surgeon after examining a worker shall issue
a Certificate of Fitness in Form XXIII. The record of
examination and re-examinations carried out shall be entered
in the certificate and the certificate shall be kept in the
custody of the manager of the factory. The record of each
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examination carried out under sub-paragraphs (I) and (II),
including the nature and the results of the tests, shall also be
entered by the Certifying Surgeon in a health register in
Form XXIV.
IV.
The certificate of Fitness and the health register shall be
kept readily available for inspection by the Inspector.
V.
If at any time the Certifying Surgeon is of the opinion that a
worker is no longer fit for employment in the said processes
on the ground that continuance therein would involve special
danger to the health of the worker, he shall make a record of
his findings in the said certificate and the health register.
The entry of his findings in those documents should also
include the period for which he considers that the said person
is unfit to work in the said processes. The person so suspended
from the process shall be provided with alternate placement
facilities unless he is fully incapacitated in the opinion of the
Certifying Surgeon, in which case the person affected shall
be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in sub-
paragraph (V) shall be re-employed or permitted to work in
the said processes unless the Certifying Surgeon, after future
examination, again certifies him fit for employment in these
processes.
20.
Exemptions.—If in respect of any factory, the Chief Inspector
is satisfied that owing to the exceptional circumstances or infrequency of
the processes or for any other reason, all or any of the provisions of this
schedule is not necessary for protection of the workers in the factory, the
Chief Inspector may by a certificate in writing, which he may at his discretion
revoke at any time, exempt such factory from all or any of such provisions
subject to such conditions, if any, as he may specify therein.
21.
Pictorial cautionary notice.—
1. Asbestos/asbestos dust which is used, handled or manipulated in
this factory is a very hazardous to health.
2. Prolonged exposure to asbestos dust may lead to serious diseases
like lung fibrosis (Asbestosis) and lung cancer.
3. Entry is prohibited without protective equipment.
4. Wear the Protective Equipments to safeguard your health.
5. No food stuffs or drinks shall be brought into this area.
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6. Smoking, eating food or drinking and chewing tobacco in this area
is prohibited.
7. Scrupulous cleanliness shall be maintained in this area.
8. Dry sweeping in this area is prohibited. Any spillage of asbestos
shall be cleaned by vacuum cleaning only.
9. A sack or container contaminated with asbestos shall not be
cleaned by hand and is to be disposed off by an appropriate
method.
10. All protective equipments and clothing shall be re-dusted by
vacuum cleaning and stored in an appropriate place provided for
the purpose.
11. Entry of unauthorized persons or authorized persons without proper
protective equipments is prohibited.
12. Report for the prescribed medical examinations and tests regularly
to protect your own health.
13. Report to your doctor immediately if you suffer from persistent
breathlessness, chest tightness, or cough.
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Schedule B-XV
Handling or manipulation of corrosive substances
1.
Definitions.—For the purposes of this schedule—
(a) “corrosive operation” means an operation of manufacturing,
storing, handling processing, packing, or using any corrosive
substance in a factory; and
(b) “corrosive substance” includes sulphuric acid, nitric acid,
hydrochloric acid, hydrofluoric acid, carbolic acid, phosphoric
acid, liquid chlorine, liquid bromine, ammonia, sodium hydroxide
and potassium hydroxide and a mixture thereof, and any other
substance which the State Government by notification in the
Official Gazette specify to be corrosive substance.
2.
Flooring.—The floor of every workroom of a factory in which
corrosive operation is carried on shall be made of impervious, corrosion
and fire resistance material and shall be so constructed as to prevent
collection of any corrosive substance. The surface of such flooring shall be
smooth and cleaned as often as necessary and maintained in a sound
condition.
3.
Protective equipment.—
(a) the occupier shall provide for the use of all persons employed in
any corrosive operation suitable protective wear for hands and
feet, suitable aprons, face shields, chemical safety goggles, and
respirators. The equipment shall be maintained in good order
and shall be kept in clean and hygienic condition by suitably
treating to get rid of the ill effects of any absorbed chemicals
and by disinfecting. The occupier shall also provide suitable
protective creams and other preparations wherever necessary.
(b) The Protective equipment and preparations provided shall be
used by the persons employed in any corrosive operation.
4.
Water facilities.—Where any corrosive operation is carried
on, there shall be provided as close to the place of such operation as possible,
a source of clean water at a height of 210 centimetres from a pipe of 1.25
centimetres diameter and fitted with a quick acting valve so that in case of
injury to the worker by any corrosive substance, the injured part can be
thoroughly flooded with water. Whenever necessary, in order to ensure
continuous water supply, a storage tank having a minimum length, breadth
and height of 210 centimetres, 120 centimetres and 60 centimetres
respectively or such dimensions as are approved by the Chief Inspector
shall be provided as the source of clean water.
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5.
Cautionary notice.—A cautionary notice in the following form
and printed in the language which majority of the workers employed
understand, shall be displayed prominently close to the place where a
corrosive operation is carried out and where any of the operation mentioned
in clause 2 above is carried out and where it can be easily and conveniently
read by the workers. If any worker is illiterate, effective steps shall be
taken to explain carefully to him the contents of the notice so displayed.
CAUTIONARY NOTICE DANGER
Corrosive substances cause severe burns and vapours thereof
may be extremely hazardous. In case of contact, immediately
flood the part affected with plenty of water for at least 15 minutes
Get medical attention quickly.
6.
Transport.—
I.
Corrosive substances shall not be filled, moved or carried
except in containers or through pipes and when they are
to be transported in containers, they shall be placed in
crates of sound construction and of sufficient strength.
II.
A container with a capacity of 11.5 litres or more of a
corrosive substance shall be placed in a receptacle or
crate and then carried by more than one person at a
height below the waist line unless a suitable rubber
wheeled truck is used for the purpose.
III.
Containers for corrosive substances shall be plainly
labelled.
7.
Devices for handling corrosive.—
I.
Tilting, lifting of pumping arrangements shall be used for
emptying jars, carboys and other containers of
corrosives.
II.
Corrosive substance shall not be handled by bare hands
but by means of a suitable scoop or other device.
8.
Opening of valves.—Valves fitted to containers holding a
corrosive substance shall be opened with great care. If they do not work
freely, they shall not be forced open. They shall be opened by a worker
suitably trained for the purpose.
9.
Cleaning tanks, stills, etc.–
I.
In cleaning out or removing residues from stills or other
large chambers used for holding any corrosive substance,
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suitable implements made of wood or other material shall
be used to prevent production of arseniuretted hydrogen
(arsine).
II.
Whenever it is necessary for the purpose of cleaning or
other maintenance work for any worker to enter
chamber, tank, vat, pit or other confined space where a
corrosive substance had been stored, all possible
precautions required under section 23 of the Code shall
be taken to ensure the worker’s safety.
III.
Wherever possible, before repairs are undertaken to any
part of equipment in which a corrosive substance was
handled, such equipment or part thereof shall be freed
of any adhering corrosive substance by adopting suitable
methods.
10. Storage.—
I.
Corrosive substances shall not be stored in the same
room with other chemicals, such as turpentine, carbides,
metallic powders and combustible materials, the
accidental mixing with which may cause a reaction which
is either violent or gives rise to toxic fumes and gases.
II.
Pumping or filling overhead tanks, receptacles, vats or
other containers for storing corrosive substances shall
be so arranged that there is no possibility of any corrosive
substance overflowing and causing injury to any person.
III.
Every container having a capacity of twenty litres or
more and every pipeline, valve, and fitting used for storing
or carrying corrosive substances shall be thoroughly
examined every year for finding out any defects, and
defects so found out shall be removed forthwith. A
register shall be maintained of every such examination
made and shall be produced before the Inspector
whenever required.
11.
Fire extinguishers and fire fighting equipment.—
An adequate number of suitable types of fire extinguishers or other stored,
shall be provided. Such extinguishers or other equipment shall be regularly
tested and refilled. Clear instructions as to how the extinguishers or other
equipment should be used, printed in the language which majority of the
workers employed understand, shall be affixed near each extinguisher or
other equipment.
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12.
Exemption.—If in respect of any factory on application made
by the manager, the Chief Inspector is satisfied that owing to the exceptional
circumstances, or the infrequency of the process or for any other reason to
be recorded by him in writing, all or any of the provisions of this schedule
are not necessary for the protection of the persons employed therein, he
may by a certificate in writing, which he may at any time revoke, exempt
the factory from such of the provisions and subject to such conditions as he
may specify therein.
––––––––
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Schedule B-XVI
Processing of cashewnut
1. Application.—This schedule shall apply to all factories in which
roasting, scrubbing and shelling of cashewnuts or extracting oil from
cashewnuts or cashewnut shells are carried on.
2. Prohibition of employment of women and young persons.—
No woman or young person shall be employed in any of the processes
specified in paragraph 1 except in shelling of roasted cashewnuts.
3. Protective clothing and equipment.—The occupier shall provide
and maintain for the use of all persons employed in roasting and scrubbing
of cashewnuts or extracting oil form cashewnuts or cashewnut shells—
(a) suitable rubber or washable leather gloves ;
(b) suitable type of impervious aprons with sleeves to cover body
down to knees and shoulders ; and
(c) suitable type footwear to afford protection to feet and legs against
cashewnut oil; and for the workers employed in cashewnut
shelling, either ;
(d) a protective ointment containing 10% of shellac, 5% of alcohol,
10% of sodium perborate, 5% of carbitol and 20% talc ; or
(e) sufficient quantity of kaolin and coconut oil ; and
(f) any other material or equipment, which the Chief Inspector of
Factories may deem to be necessary for the protection of the
workers.
4. Use of protective clothing and equipment.—Every person
employed in processes specified in paragraph 1 shall make use of protective
clothing and equipment supplied and arrangements shall be made by the
occupier to supervise the use, maintenance and cleanliness.
5. Disposal of shells, ashes, or oil of cashewnut.—(1) shells, ashes
or oil of cashewnut shall not be stored in any room in which workers are
employed and shall be removed at least twice a day to any pit or enclosed
place in the case shells and ashes and to closed containers kept in a separate
room in the case of oil.
(2) No worker shall be allowed to handle shells or oil of cashewnuts
without using the protective clothing or equipment provided under
paragraph 3 above.
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6. Floors of workrooms.—The floor of every workroom in which
processes specified in paragraph 1 are carried on, shall be of a hard material
so as to be smooth and impervious and of even surface and shall be cleaned
daily, and spillage of any cashewnut oil in any workroom shall be washed
with soap and cleaned immediately.
7. Seating accommodation.—Workers engaged in shelling of
cashewnuts shall be provided with adequate seats or work benches which
shall be cleaned daily—
1.
Mess room.—(1) There shall be provided and maintained for
the use of all person employed in processes specified in
paragraph 1, a suitable restroom furnished with sufficient tables
and chairs or benches.
(2) Separate lockers shall be provided where food, etc. shall be stored
by workers before it is consumed in the restroom.
8. Food, drinks, etc. prohibited in workrooms.—No food, drink,
pan, supari or tobacco shall be brought or consumed by any worker in any
room in which processes specified in paragraph 1 are carried out and no
person shall remain in any such room during intervals for meals or rest.
9. Washing facilities.—Where roasting, scrubbing and shelling of
cashewnuts or extracting oil from cashewnut or cashewnut shells is carried
on, there shall be provided and maintained in a clean state and good repair
washing facilities, with a sufficient supply of soap, coconut oil, nail brushes
and towels at the scale of one tap or stand pipe for every 10 workers, and
the taps or stand pipes shall be spaced not less than 1.2 meters apart.
10. Time allowed for washing.—Before each meal and before the
end of the day’s work, at least ten minutes, in addition to the regular meal
times, shall be allowed for washing, to each person employed in processes
specified in paragraph 1.
11. Smoke or gas produced by roasting cashewnuts.—Where
smoke or gas is produced in the operation of roasting, provision shall be
made for removing the smoke or gas through a chimney of sufficient height
and capacity or by such other arrangements as may be necessary to prevent
the gas or smoke escaping into the air or any place in which workers are
employed.
12. Storage of protective equipment.—A suitable room or a
portion of the factory suitably partitioned off, shall be provided exclusively
for the storage of all the protective equipment supplied to the workers and
no such equipment shall be stored in any place other than the room or
places so provided.
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13. Medical facilities and records of examinations and tests.—
(1) The occupier of every factory to which this schedule applies, shall—
(a) employ a qualified medical practitioner for medical surveillance
of the workers employed therein whose employment shall be
subject to the approval of the Chief Inspector of Factories ; and
(b) provide to the medical practitioner all the necessary facilities for
the purpose referred to in clause (a).
(2) The said medical practitioner shall inspect daily the hands and
feet of all the persons employed in the processes specified in paragraph 1.
(3) The record of such examinations carried out by the medical
practitioner shall be maintained in a separate, register approved by the
Chief Inspector of Factories, which shall be kept readily available for
inspection by the Inspector.
(4) The first-aid box maintained shall also contain Burrough’s Solution
(1:20) and aqueous solution of tannic acid (10%) for treatment of cases of
dermatitis.
14. Medical examination by Certifying Surgeon.—(1) Every
worker employed in the processes specified in paragraph 1 shall be examined
by a Certifying Surgeon within 15 days of his first employment. Such
examinations shall include skin test for dermatitis and no worker shall be
allowed to work after 15 days of his first employment in the factory unless
certified fit for such employment by the Certifying Surgeon.
(2) Every worker employed in the said processes shall be re-examined
by a Certifying Surgeon atleast once in every three calendar months. Such
examinations shall wherever the Certifying Surgeon considers appropriate,
include asking test for dermatitis.
(3) The Certifying Surgeon after examining a worker, shall issue a
Certificate of Fitness in Form XXIII. The record of examination and re-
examinations carried out shall be entered in the Certificate and the Certificate
shall be kept in the custody of the manager of the factory. The record of
each examination carried out under sub-paragraphs (1) and (2), including
the nature and the results of these tests, shall also be entered by the Certifying
Surgeon in a health register in Form XXIV.
(4) The Certificate of Fitness and the health register shall be kept
readily available for inspection by the Inspector.
(5) If at any time the Certifying Surgeon is of the opinion that a
worker is no longer fit for employment in the said processes on the ground
that continuance therein would involve special danger to the health of the
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worker, he shall make a record of his findings in the said certificate and the
health register. The entry of his findings in those documents should also
include the period for which he considers that the said person is unfit to
work in the said process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Certifying Surgeon, in
which case the person affected shall be suitably rehabilitated.
(6) No person who has been found unfit to work as said in sub-
paragraph (5) shall be re-employed or permitted to work in the said
processes unless the Certifying Surgeon, after further examination, again
certifies him fit for employment in those processes.
15. Exemption.—The Chief Inspector of Factories may grant
exemptions from the operation of any of these where he is satisfied that
their observance is not necessary for safeguarding the health of the workers.
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Schedule B-XVII
Compression of oxygen and hydrogen produced
by electrolysis of water
1.
Location of electrolyte plant.—The room in which electrolysis
plant is installed shall be separate from the plant for storing and compressing
the oxygen and hydrogen and also the electric generator room.
2.
Testing of purity.—
I.
The purity of oxygen and hydrogen shall be tested by a
competent person at least once in every shift at the
following posts :-
(a)
in the electrolysis room ;
(b)
at the gas holder inlet ; and
(c)
at the suction and of the compressor.
II.
The purity figures shall be entered in a register and signed
by the persons carrying out such test :
Provided, however, that if the electrolysis plant is fitted
with automatic recorder of purity of oxygen and hydrogen
with alarm lights, it shall be sufficient if the purity of
gases is tested at the suction and of the compressor only.
3.
Restriction as to the compression.—The oxygen and
hydrogen gases shall not be compressed if their purity as determined under
paragraph 2 above falls below 98% at any time.
4.
Limit switch for gas holder.—The bell of any gas holder shall
not be permitted to go within the 30 centimetres of its lowest position when
empty and a limit switch shall befitted to the gas holder in such a manner as
to switch off the compressor motor when the limit is reached.
5.
Provision of negative pressure switch.—In addition to the
limit switch in the gas holder, a sensitive negative pressure switch shall be
provided in or adjacent to the suction main for hydrogen close to the gas
holder and between the gas holder and the hydrogen compressor to switch
off the compressor motor in the event of the gas holder being emptied to
the extent as to cause vacuum.
6.
Purity of caustic soda.—The water and caustic soda used for
making lye shall be chemically pure within pharmaceutical limits.
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7.
Precautions against reversal of polarity.—Electrical
connections at the electrolyser cells and at the electric generator terminals
shall be so constructed as to preclude the possibility of wrong connections
leading to the reversal of polarity and in addition an automatic device shall
be provided to cut off power in the event of reversal of polarity owing to
wrong connections either at the switch board or at the electric generator
terminals.
8.
Colouring of gas pipes.—Oxygen and hydrogen gas pipes shall
be painted with distinguishing colours and in the event of leakage at the
joints of the hydrogen gas pipe, the pipe after reconnection shall be purged
of all air before drawing in hydrogen gas.
9.
Use of flameproof fittings.—All electrical wiring and apparatus
in the electrolyser room shall be of flameproof construction or enclosed in
flameproof fittings and no naked light or flame shall be allowed to be taken
either in the electrolyser room or where compression and filling of the
gases is carried on and such warning notices shall be exhibited in prominent
places.
10.
Prohibition of hot work.—No part of the electrolyser plant
and the gas holders and compressor shall be subjected to welding, brazing,
soldering or cutting until steps have been taken to remove any explosive
substance from that part and render the part safe for such operations and
after the completion of such operations no explosive substance shall be
allowed to enter that part until the metal has cooled sufficiently to prevent
risk of explosion.
11.
Repair, etc. to be done under supervision.—No work or
operations, repair or maintenance shall be undertaken except under the
direct supervision of a person who, by his training, experience and knowledge
of the necessary precautions against risk of explosion is competent to
supervise such work. No electric generator after erection or repairs shall
be switched on/the electrolysers unless the same is certified by the competent
persons under whose direct supervision erection or repairs are carried on
to be in a safe condition and the terminals have been checked for the
polarity as required by paragraph 7.
12.
Checking of plant.—Every part of the electrolysis plant and
the gas holders and compressor shall have a regular schedule of overhaul
and checking and every defect noticed shall be rectified forthwith.
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Schedule B-XVIII
Process of extracting oils and fats from vegetables and animal
sources in solvent extraction plants
1.
Definitions.—For the purposes of this schedule–
(a) “solvent extraction plant” means a plant in which the process of
extracting oils and fats from vegetable and animal sources by
use of solvents is carried on ;
(b) “solvent” means an flammable liquid such as pentane, hexane
and heptane use for the recovery of vegetable oils ;
(c) “flameproof enclosure” as applied to electrical machinery or
apparatus means an enclosure that will withstand, when covers
or other access doors are properly secured, an internal explosion
of the flammable gas or vapour which may enter or which may
originate inside the enclosure without suffering damage and
without communicating internal inflammation (or explosion) to
the external flammable gas or vapour ;
(d) “competent person” for the purpose of this schedule shall be at
least a member of the Institution of Engineers ( India) or an
Associate Member of the said Institution with 10 years experience
in a responsible position as may be approved by the Chief
Inspector-cum-Facilitator :
Provided that a graduate in mechanical engineering or chemical
technology with specialised knowledge of oils and fats and with
a minimum experience of 5 years in a solvent extraction plant
shall also be considered to the a competent person :
Provided further that the State Government may accept any
other qualifications if in its opinion they are equivalent to the
qualifications aforesaid.
2.
Location and layout.—
I.
No solvent extraction plant shall be permitted to be
constructed or extended to within a distance of 30 meters
from the nearest residential locality.
II.
A 1.5 meter high continuous wire fencing shall be
provided around the solvent/extraction plant upto a
minimum distance of 15 meters from the plant.
III.
No person shall be allowed to carry any matches or an
open flame or fire inside the area round by the fencing.
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IV.
Boiler houses and other buildings where open flame
processes are carried on shall be located at least 30
meters away from the solvent extraction plant; If
godowns and preparatory processes are at a distance of
less than 30 metres from the solvent extraction plant,
these shall be at least 15 meters distant from the plant,
and a continuous barrier wall of non-combustible material
1.5 meters high shall be erected at a distance of not less
than 15 meters from the solvent extraction plant so that
it extends to at least 30 meters of vapour travel around
its ends from the plant to the possible sources of ignition.
3.
Electrical installations.—
I.
All electrical motors and wiring and other electrical
equipment installed or housed insolvent extraction plant
shall be of flameproof construction.
II.
All metal parts of the plant and building including various
tanks and containers where solvents are stored or are
present and all parts of electrical equipment not required
to be energised shall be properly bonded together and
connected to earth so as to avoid accidental rise in the
electrical potential of such parts above the earth potential.
4.
Restriction on smoking.—Smoking shall strictly prohibited
within 15 meters distance from solvent extraction plant. For this purpose,
“No smoking” signs shall be permanently displayed in the area.
5.
Precautions against friction.—
I.
All tools and equipment including ladders, chains and
other lifting tackle required to be used in solvent
extraction plant shall be of non-sparking type.
II.
No machinery or equipment in any solvent extraction
plant shall be belt driven, unless the belt used is of such
a type that it does not permit accumulation of static
electricity to a dangerous level.
III.
No person shall be allowed to enter and work in the
solvent extraction plant if wearing clothes made of nylon
or such other fibre that can generate static electrical
charge, or wearing footwear which is likely to cause
sparks by friction.
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6.
Fire-fighting apparatus.—
I.
Adequate number of portable fire extinguishers suitable
for use against flammable liquid fires shall be provided
in the solvent extraction plant.
II.
An automatic water spray sprinkler system on a wet
pipe or open-head deluge system with sufficient supply
of storage water shall be provided over solvent extraction
plant and throughout the building housing such plant.
7.
Precautions against power failure.—Provision shall be made
for the automatic cutting off of steam in the event of power failure and also
for emergency overhead watersupply for feeding water by gravity to
condensers which shall come into play automatically with the power failure.
8.
Magnetic Separators.—Oil cake shall be fed to the extractor
by a conveyer through a hopper and a magnetic separator shall be provided
to remove any pieces of iron during pressure in the event of fire.
9.
Venting.—
I.
Tanks containing solvents shall be protected with
emergency venting to relieve excessive internal pressure
in the event of fire.
II.
All emergency relief vents shall terminate at least 6
meters above the ground and be so located that vapours
will not re-enter the building in which solvent extraction
plant is located.
10.
Waste water.—Process waste water shall be passed through a
flash evaporator to remove any solvent before it is discharged into a sump
which should be located within the fenced area but not closer than 8 meters
to the fence.
11.
Ventilation.—The solvent extraction plant shall be well ventilated
and if the plant is housed in a building, the building shall be provided with
mechanical ventilation with provision for at least six air changes per hour.
12. Housekeeping.—
I.
Solvents shall not be stored in an area covered by solvent
extraction plant except in small quantities which shall be
stored in approved safety cans.
II.
Waste materials such as oily rags, other wastes and
absorbents used to wipe off solvent and paints and oils
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shall be deposited in approved containers and removed
from the premises at least once a day.
III.
Space within the solvent extraction plant and within 15
meters from the plant shall be kept free from any
combustible materials and any spills of oil or solvent,
shall be cleaned up immediately.
13. Examination and repairs.—
I.
The solvent extraction plant shall be examined by the
competent person to determine any weakness or
corrosion and wear once in every 12 months. Report of
such examination shall be supplied to the Inspector with
his observation as to whether or not the plant is in safe
condition to work.
II.
No repairs shall be carried out to the machinery or plant
except under the direct supervision of the competent
person.
III.
Facility shall be provided for purging the plant with inert
gas or steam before opening for cleaning or repairs and
before introducing solvent after repairs.
14.
Operating personnel.—The operation of the plant and
machinery in the solvent extraction plant shall be in the charge of such duly
qualified and trained persons as are certified by the competent person to be
fit for the purpose and no other person shall be allowed to operate the plant
and machinery.
15.
Employment of women and young persons.—No woman
or young person shall be employed in the solvent extraction plant.
16.
Vapour detection.—A suitable type of flameproof and portable
combustible gas indicator shall be provided and maintained in good working
order and a schedule of routine sampling of atmosphere at various locations
as approved by the chief inspector shall be drawnout and entered in a
register maintained for the purpose.
17.
Exemption.—If in respect of any factory, the Chief Inspector-
cum-Facilitatoris satisfied that owing to the exceptional circumstances or
infrequency of the processes or for any other reason, all or any of the
provisions of this schedule is not necessary for the protection of the workers
in the factory, the Chief Inspector-cum-Facilitator may by a certificate in
writing(which he may in his discretion revoke at any time) exempt such
factory from all or any of such provisions subject to conditions, if any, as he
may specify therein.
––––––––
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Schedule B-XIX
Manufacture or manipulation of manganese and its compounds
1.
Definitions.—For the purposes of this schedule—
(a) “manganese process” means processing, manufacture or
manipulations of manganese or any ore or any mixture containing
manganese ;
(b) “first employment” means first employment in any manganese
process and includes also re-employment in any manganese
process followed any cessation of employment for continuous
period of 3 calendar months ;
(c) “manipulations” means mixing, blending, filling, emptying, grinding,
sieving, drying, packing, sweeping, or otherwise handling of
manganese, or mixture containing manganese ; and
(d) “efficient exhaust ventilation” means localised ventilation
effected by mechanical means for the removal of dust or fume
or at its source of origin so as to prevent it from escaping into the
atmosphere of any place where any work is carried on. No draught
shall be deemed to be efficient which fails to remove the dust or
fume or mist at the point where it is generated and fails to prevent
it from escaping into and spreading into the atmosphere of a
work place.
2.
Application.—This schedule shall apply to every factory in
which or in any part of which any manganese process is carried on.
3.
Exemption.—If in respect of any factory, the Chief Inspector-
cum-Facilitator is satisfied that owing to any exceptional circumstances, or
infrequency of the process, or for any other reason, application of all or any
of the provisions of this schedule is not necessary for the protection of the
persons employed in such factory, he may by an order in writing which he
may at his discretion revoke, exempt such factory from all or any of the
provisions on such conditions and for such period as he may specify in the
said order.
4.
Isolation of a process.—Every manganese process which may
give rise to dust, vapour or mist containing manganese, shall be carried on
in a totally enclosed system or otherwise effectively isolated from other
processes so that other plants and processes and other parts of the factory
and persons employed on other processes may not be affected by the same.
5.
Ventilation of process.—No process in which any dust, vapour
or mist containing manganese is generated, shall be carried out except
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under an efficient exhaust ventilation which shall be applied as near to the
point of generation as practicable.
6.
Medical facilities and records of examinations and tests.—
I.
The occupier of every factory to which this schedule
applies, shall—
a) employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
employment shall be subject to the approval of the Chief
Inspector of Factories ; and
b) Provide to the medical practitioner all the necessary
facilities for the purpose referred to in clause (a).
II.
The record of medical examinations and appropriate tests
carried out by the said medical practitioner shall be
maintained in a separate, register approved by the Chief
Inspector-cum-Facilitator, which shall be kept readily
available for inspection by the Inspectorcum facilitator.
7.
Medical examination by certifying Surgeon.—
I.
Every worker employed in any manganese process shall
be medically examined by a Certifying Surgeon within
15 days of his first employment. Such examinations shall
include tests for detection of serum calcium, serum
phosphate and manganese in blood and urine and also
include steadiness tests and other neuro-muscular
coordination tests. No worker shall be allowed to work
after 15 days of his first employment in the factory unless
certified for such employment by the Certifying Surgeon.
II.
Every worker employed in a manganese process shall
be re-examined by a Certifying Surgeon at least once in
every three calendar months and such examination shall,
wherever the Certifying Surgeon considers appropriate,
include all the tests in sub-paragraph (I).
III.
The Certifying Surgeon after examining a worker shall
issue a Certificate of Fitness in Form XXIII. The record
of examination and re-examinations carried out shall be
entered in the Certificate and the Certificate shall be
kept in the custody of the manager of the factory. The
record of each examination carried out under
sub-paragraph (I) and (II), including the nature and the
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results of this test, shall also be entered by the certifying
Surgeon in a health register in Form XXIV.
IV.
The Certificate of Fitness and the health register shall
be kept readily available for inspection by the
Inspectorcum facilitator.
V.
If at any time the Certifying Surgeon is of the opinion
that a worker is no longer fit for employment in the said
processes on the ground that continuance therein would
involve special danger to the health of the worker, he
shall make a record of his findings in the said certificate
and the health register. The entry of his findings in those
documents should also include the period for which he
considers that the said person is unfit to work in the said
process shall be provided with alternate placement
facilities unless he is fully incapacitated in the opinion of
the Certifying Surgeon, in which case the person affected
shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in
sub-paragraph (5) shall be re-employed or permitted to
work in the said processes unless the Certifying Surgeon,
after further examination, again certifies him fit for
employment in those processes.
8.
Personal protective equipment.—
I.
The occupier of the factory shall provide and maintain
in good and clean condition suitable overalls and head
coverings for all persons employed in any manganese
process and such overalls and head coverings shall be
worn by the persons while working on a manganese
process.
II.
The occupier of the factory shall provide suitable
respiratory protective equipment for use by works in
emergency to prevent inhalation of dusts, fumes or mists.
Sufficient number of complete sets of such equipment
shall always be kept near the work place and the same
shall be properly maintained and kept always in a
condition to be used readily.
III.
The occupier shall provide and maintain for the use of
all persons employed, suitable accommodation for the
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storage and make adequate arrangements for cleaning
and maintenance if personal protective equipment.
9.
Prohibition relating to women and young persons.—
No women or young persons shall be employed or permitted to work in any
manganese process.
10.
Food, drinks, etc. prohibited in the work rooms .—No food,
drink, pan and supari or tobacco shall be allowed to be brought into or
consumed by any worker in any workroom in which any manganese process
is carried on.
11.
Mess room.—There shall be provided and maintained for the
use of the persons employed in a manganese process a suitable mess room
which shall be furnished with sufficient tables and benches and adequate
means for warming of food. The mess room shall be placed under the
charge of a responsible person and shall be kept clean.
12.
Washing facilities.—There shall be provided and maintained
in a clean state and in good condition, for the use of persons employed on
manganese process –
(a) A wash place under cover, with either –
i. a trough with a smooth impervious surface fitted with a
waste pipe without plug, and of sufficient length to allow
at least 60 centimetres for every ten such persons
employed at any one time, and having a constant supply
of water from taps or jets above the trough at intervals of
not more than 60 centimetres ;
ii. at least on wash basin for every five such persons
employed at any one time, fitted with a waste pipe and
plug and having a constant supply water; and
(b) Sufficient supply of soap or other suitable cleaning material and
nail brushes and clean towels.
13.
Cloakroom.—If the Chief Inspectorcum facilitator so requires
there shall be provided and maintained for the use of persons employed in
manganese process a cloakroom for clothing put off during working hours
with adequate arrangements for drying the clothing.
14.
Cautionary placard and instructions.—Cautionary notices in
the form specified in appendix and printed in the language of the majority of
the workers and employed, shall be affixed in prominent places in the factory
where they can be easily and conveniently read by the workers and
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arrangement shall be made by the occupier to instruct periodically all workers
employed in a manganese process regarding the health hazards connected
with their duties and the best preventive measures and methods to protect
themselves. The notices shall always be maintained in a legible condition.
APPENDIX
CAUTIONARY NOTICE
Manganese and Manganese Compounds
1.
Dust free and mists of manganese and its compounds are toxic
when inhaled or when ingested.
2.
Do not consume food or drink near the work place.
3.
Take a good wash before taking meals.
4.
Keep the working area clean.
5.
Use the protective clothing and equipment provided.
6.
When required to work in situations where dusts, fumes or mists
are likely to be inhaled, use respiratory protective equipment
provided for the purpose.
7.
If you get severe headaches, prolonged sleeplessness or abnormal
sensations in the body, report to the manager who would make
arrangements for your examination and treatment.
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SCHEDULE-B-XX
Manufacture or manipulation of dangerous pesticides
1.
Application.—This schedule shall apply in respect of all
factories or any part thereof in which the process of manufacture or
manipulation of dangerous pesticide hereinafter referred to as the
said manufacturing process is carried on.
2.
Definitions.—For the purpose of this Part—
(a) “dangerous pesticides” means any product proposed or used
for controlling, destroying or repelling any pest or for preventing
growth or mitigating effects of such growth including any of its
formulations which is considered toxic under and is covered by
the Insecticides Act, 1968 and the rules made thereunder and
any other product, as may be notified from time to time by the
State Government ;
(b) “manipulation” includes mixing, blending, formulating, filling,
emptying, packing or otherwise handling ;
(c) “efficient exhaust draught” means localised mechanical
ventilation for removal of smoke, gas, vapour, dust, fume or mist
so as to prevent them from escaping into the air of any work
room in which work is carried on. No exhaust draught shall be
considered efficient if it fails to remove smoke generated at the
point where such gas, fume, dust, vapour or mist originates from
the process.
3.
Instruction to workers.—Every worker on his first
employment shall be fully instructed on the properties including dangerous
properties of the chemicals handled in the said manufacturing process and
the hazards involved. The employees shall also be instructed in the measures
to be taken to deal with any emergency. Such instructions shall be repeated
periodically.
4.
Cautionary notice and placards.—Cautionary notices and
placards in the form specified in appendix to this schedule and printed in the
language of the majority of the workers shall be displayed in all work places
in which said manufacturing process is carried on so that they can be easily
and conveniently read by the workers. Arrangements shall be made by the
occupier and the manager of the factory to periodically instruct the workers
regarding the health hazards arising to in the said manufacturing process
and methods of protection. Such notices shall include brief instructions
regarding the periodical clinical tests required to be undertaken for projecting
health of the workers.
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5.
Prohibition relating to employment of women or young
persons.—No woman or young person shall be employed or permitted to
work in any room in which the said manufacturing process is carried on or
in any room in which dangerous pesticide is stored.
6.
Food, drinks, and smoking prohibition.—
I.
No food, drink, tobacco, pan or supari shall be brought
into or consumed by any worker in any workroom in
which the said manufacturing process is carried out.
II.
Smoking shall be prohibited in any workroom in which
the said manufacturing process is carried out.
7.
Protective clothing and protective equipment.—
I.
Protective clothing consisting of long pants and shirts or
overalls with long sleeves and head coverings shall be
provided for all workers employed in the said
manufacturing process.
II. (a) Protective equipment consisting of rubber gloves, gum
boots, rubber aprons, chemical safety goggles and
respirators shall be provided for all workers employed
in the said manufacturing process ;
(b) Gloves, boots, aprons shall be made from synthetic
rubber where a pesticide contains oil.
III.
Protective clothing and equipment shall be worn by the
workers supplied with such clothing and equipment.
IV.
Protective clothing and equipment shall be washed daily
from inside and outside if the workers handle pesticides
containing nicotine or phosphorous and shall be washed
frequently if handling other pesticides.
V.
Protective clothing and equipment shall be maintained in
good condition.
8.
Floors and work-benches.—
I.
Floors in every workroom where dangerous pesticides
are manipulated shall be of cement or other impervious
material giving a smooth surface.
II.
Floors shall be maintained in good repair, provided with
adequate slope leading to a drain and thoroughly washed
once a day with the hose pipe.
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III.
Work-benches where dangerous pesticides are
manipulated shall be made of smooth, non-absorbing
material preferably stainless steel and shall be cleaned
at least once daily.
9.
Spillage and waste.—
I.
If a dangerous pesticide during its manipulation splashes or
spills on the work-bench, floor or on the protective clothing
worn by a worker, immediate action shall be taken for through
decontamination of such areas or articles.
II.
Cloth, rags, paper or other material soaked or soiled with a
dangerous pesticide shall be deposited in a suitable receptacle
with tight fitting cover. Contaminated waste shall be destroyed
by burning at least once a week.
III.
Suitable deactivating agents, where available, shall be kept
in a readily accessible place for use while attending to a
spillage.
IV.
Easy means of access shall be provided to all parts of the
plant for cleaning, maintenance and repairs.
10.
Empty containers used for dangerous pesticides.—
Containers used for dangerous pesticides shall be thoroughly cleaned of
their contents and treated with an inactivating agent before being discarded
or destroyed.
11.
Manual handling.—
I.
A dangerous pesticide shall not be required or allowed
to be manipulated by hand except by means of a long
handled scoop.
II.
Direct contact of any part of the body with a dangerous
pesticide during its manipulation shall be avoided.
12. Ventilation.—
I.
In every workroom or area where a dangerous pesticide is
manipulated, adequate ventilation shall be provided at all times
by the circulation of fresh air.
II.
Unless the process is completely enclosed, the following
operations during manipulation of a dangerous pesticide shall
not be undertaken without an efficient exhaust draught :—
(a) emptying a container holding a dangerous pesticide ;
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(b) blending a dangerous pesticide ;
(c) preparing a liquid or powder formulation containing a
dangerous pesticide ; and
(d) Changing or filling a dangerous pesticide into a container,
tank hopper or machine or small sized containers.
III.
In the event of a failure of the exhaust draught provided on
the above operation, the said operations shall be stopped
forthwith.
13. Time allowed for washing.—
I.
Before each meal and before the end of the day’s work
at least ten minutes in addition to the regular rest interval
shall be allowed for washing to each worker engaged in
the manipulation of dangerous pesticide.
II.
Every worker engaged in the manipulation of dangerous
pesticides shall have a thorough wash before consuming
any food and also at the end of the day’s work.
14. Washing and bathing facilities.—
I.
There shall be provided and maintained in a clean state
and in good repair for the use of all workers employed
in the factory where the said manufacturing process is
carried on, adequate washing and bathing places having
a constant supply of water under cover at the rate of
one such place for every 5 persons employed.
II.
The washing places shall have standpipes placed at
intervals of not less than one meter.
III.
Not less than one half of the total number of washing
places shall be provided with bathrooms.
IV.
Sufficient supply of clean towels made of suitable
material shall be provided :
Provided that such towels shall be supplied individually
for each worker is so ordered by the Inspector.
V.
Sufficient supply of soap and nail brushes shall be
provided.
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15.
Cloakroom.—There shall be provided and maintained for the
use of all workers employed in the factory where the said manufacturing
process is carried on—
(a) a cloakroom for clothing put off during working hours with
adequate arrangements for drying clothing, if wet; and
(b) separate and suitable arrangements for the storage of protective
clothing provided under paragraph 7.
16. Mess room.—
I.
There shall be provided and maintained for the use of all
workers employed in the factory in which the said
manufacturing process is carried on and remaining on
the premises during the rest intervals, suitable mess room
which shall be furnished with—
(a) Sufficient tables and benches with back rest, and
(b) Adequate means for warming food.
II.
The mess room shall be placed under the charge of
responsible person and shall be kept clean.
17.
Manipulation not be undertaken.—Manufacture or
manipulation of a pesticides shall not be undertaken in any factory unless a
certificate regarding its dangerous nature or otherwise is obtained from the
Chief Inspector-cum-Facilitator.
18.
Medical facilities and records of examinations and tests.—
I.
The occupier of every factory to which this schedule
applies, shall—
(a) Employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
employment shall be subject to the approval of the Chief
Inspector of Factories ; and
(b) Provide to the medical practitioner all the necessary
facilities for the purpose referred to in clause (a).
II.
The record of such examinations carried out by the
medical practitioner shall be maintained in a separate,
register approved by the Chief Inspector of Factories,
which shall be kept readily available for inspection by
the Inspector.
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19. Medical examination by certifying Surgeon.—
I.
Every worker employed in the processes specified in
paragraph 1 shall be examined by a Certifying Surgeon
within 15 days of his first employment. Such
examinations in respect of Halogenated Pesticides, shall
include tests for determination of chemical in blood and
in fat tissues, E.E.G. abnormalities and memory tests. In
respect of organic phosphate compounds, such
examinations shall include tests for depression of
cholinesterase in plasma and red blood cells. No worker
shall be allowed to work after 15 days of his first
employment in the factory unless certified fit for such
employment by the Certifying Surgeon.
II.
Every worker employed in the said process shall be re-
examined by a Certifying Surgeon at least once in every
six calendar months. Such examination shall, wherever
the Certifying Surgeon considers appropriate, include the
tests specified in sub-paragraph (I). Further every
worker employed in the said processes shall also be
examined once in every three months by the factory
medical officer.
III.
The Certifying Surgeon after examining a worker, shall
issue a Certificate of Fitness in Form XXIII. The record
of examination and re-examinations carried out shall be
entered in the Certificate and the Certificate shall be
kept in the custody of the manager of the factory. The
record of each examination carried out under sub-
paragraph (I) and (II), including the nature and the results
of these test, shall also be entered by the certifying
Surgeon in a health register in Form XXIV.
IV.
The Certificate of Fitness and the health register shall
be kept readily available for inspection by the Inspector.
V.
If at any time the Certifying Surgeon is of the opinion
that a worker is no longer fit for employment in the said
processes on the ground that continuance therein would
involve special danger to the health of the worker, he
shall make a record of his findings in the said certificate
and the health register. The entry of his findings in those
documents should also include the period for which he
considers that the said person is unfit to work in the said
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process shall be provided with alternate placement
facilities unless he is fully incapacitated in the opinion of
the Certifying Surgeon, in which case the person affected
shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in
sub-paragraph (V) shall be re-employed or permitted to
work in the said processes unless the Certifying Surgeon,
after further examination, again certifies him fit for
employment in those processes.
2
0 .
Exemption.—If in respect of any factory the Chief Inspector-
cum-Facilitator is satisfied that owing to the exceptional circumstances or
the infrequency of the said manufacturing process or for any other reason
which shall record in writing all or any of the provisions of this Part are not
necessary for the protection of workers employed in the factory, he may by
a certificate in writing exempt such factory, from all or any of the provisions
on such condition as he may specify therein—
APPENDIX
CAUTIONARY NOTICE
Insecticides and pesticides
1.
Chemicals handled in this plant are poisonous substances.
2.
Smoking, eating food or drinking, chewing tobacco in this area is
prohibited. No food stuff or drink shall be brought in this area.
3.
Some of these chemicals may be absorbed through skin and
may cause poisoning.
4.
A good wash shall be taken before meals.
5.
A good bath shall be taken at the end of this shift.
6.
Protective clothing and equipment supplied shall be used while
working in this area.
7.
Containers of pesticides shall not be used for keeping food stuffs.
8.
Spillage of the chemicals on any part of the body or on the floor
or workbench shall be immediately washed away with water.
9.
Clothing contaminated due to splashing shall be removed
immediately.
10. Scrupulous cleanliness shall be maintained in this area.
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11. Do not handle pesticides with bare hands, use scoops provided
with handle.
12. In case of sickness like nausea, vomiting, giddiness, the manager
should be informed who will make necessary arrangements for
treatment.
13. All workers shall report for the prescribed medical tests regularly
to protect their own health.
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Schedule B-XXI
Manufacture, handling and usage of benzene and substances
containing benzene
1.
Application.—This schedule is made to provide protection
against hazards of poisoning from benzene and shall apply in respect of
factories or parts thereof in which benzene or substances containing benzene
are manufactured, handled or used.
2.
Definitions.—For the purpose of this schedule—
(a) “substances containing benzene” means substances wherein
benzene content exceeds 1 per cent by volume ;
(b) “substitute” means a chemical which is harmless or less harmful
than benzene and can be used in place of benzene ;
(c) “enclosed system” means a system which will not allow escape
of benzene vapours to the workers atmosphere ; and
(d) “efficient exhaust draught” means localised ventilated effected
by mechanical means for the removal of gases, vapours and
dusts or fumes so as to prevent them from escaping into the air
of any workroom. No draught shall be deemed to be efficient if
it fails to remove smoke generated at the point where such gases,
vapours, fumes or dusts originate.
3.
Prohibition and substitution.—
I.
Benzene and substances containing benzene shall not be used
as solvent or dilutent unless the process in which it is used is
carried on in an enclosed system or unless the process is
carried on in manner which is considered equally safe as if it
were carried out in an enclosed manner. Use of benzene
and substances containing benzene is prohibited in the
following processes—
(a) manufacture of varnishes, paints and thinners ; and
(b) Cleaning and degreasing operations.
II.
Where suitable substitutes are available, they shall be used
instead of benzene or substances containing benzene. This
provision, however, shall not apply to the processes specified
in Appendix-A.
III.
The Chief Inspector may, subject to confirmation by the State
Government, permit exemptions from the percentage laid
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down in sub-paragraph 2(a) and also from the provisions of
sub-paragraph (II) of this paragraph temporarily under
conditions and within limits of time to be determined after
consultation with the employers and workers concerned.
4.
Protection against installation.—
I.
The process involving the use of benzene or substances
containing benzene shall be as far as practicable be carried
out in an enclosed system.
II.
Where, however, it is not practicable to carry out the process
in an enclosed system, the workroom in which benzene or
substances containing benzene are used shall be equipped
with an efficient exhaust draught or other means for the
removal of benzene vapours to prevent their escape into the
air of the workroom so that the concentraion of benzene in
the air does not exceed 10 parts per million by volume or 30
milligrams per cubicmeter.
III.
Air analysis for the measurement of concentration of
benzene vapours in air shall be carried out every 8 hours or
at such intervals as may be directed by the Chief Inspector
at places where process involving use of benzene is carried
on and the result of such analysis shall be recorded in a
register specially maintained for this purpose. If the
concentration of benzene vapours in air as measured by air
analysis, exceeds 10 parts per million by volume or 30
milligrams per cubicmeter, the Manager shall forthwith report
the concentration to the Chief Inspector stating the reasons
for such increase.
IV.
Workers who for special reasons are likely to be exposed to
concentration of benzene in the air of the workroom
exceeding the maximum referred to in sub-paragraph (II)
shall be provided with suitable respirators or face masks.
The duration of such exposure shall be limited as far as
possible.
5.
Measures against skin contact.—
I.
Workers who are likely to come in contact with liquid
benzene or liquid substances containing benzene shall be
provided with suitable gloves, aprons, boots and where
necessary vapour tight chemical goggles, made of material
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not affected by benzene or its vapours.
II.
The protective wear referred to in sub-paragraph (I) shall
be maintained in good condition and inspected regularly.
6. Prohibition relating to employment of women and young
persons.—No woman or young person shall be employed or permitted to
work in any workroom involving exposure to benzene or substances
containing benzene.
7.
Labelling.—Every container holding benzene or substances
containing benzene shall have the word “Benzene” and approved danger
symbols clearly visible on it and shall also display information on benzene
content, warning about toxicity and warning about infallibility of the chemical.
8.
Improper use of benzene.—
I.
The use of benzene substances containing benzene by
workers for cleaning their hands or their work clothing shall
be prohibited.
II.
Workers shall be instructed on the possible dangers arising
from such misuse.
9.
Prohibition of consuming food, etc. in workrooms.—
No worker shall be allowed to store or consume food or drink in the
workroom in which benzene or substances containing benzene are
manufactured, handled or used. Smoking and chewing tobacco or pan shall
be prohibited in such workrooms.
10.
Instructions as regards risks.—Every worker on his first
employment shall be fully instructed on the properties of benzene or
substances containing benzene which he has to handle and of the dangers
involved. Workers shall also be instructed on the measures to be taken to
deal with in an emergency.
11.
Cautionary notices.—Cautionary notices in the form specified
in Appendix-B and printed in the language easily read and understood by
the majority of the workers shall be displayed in prominent places in the
workrooms where benzene or substances containing benzene are
manufactured, handled or used.
12.
Washing facilities, cloakroom and mess room.—In factories
in which benzene or substances containing benzene are manufactured,
handled or used, the occupier shall provide and maintain in a clean state
and in good repair–
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(a) washing facilities under cover, of the standard of at least one
tap for every 10 persons having constant supply of water with
soap, and a clean towel provided individually to each worker if
so ordered by the Inspector ;
(b) cloakroom with lockers for each worker, having two
compartments - one for street-clothing and one for work-clothing ;
and
(c) a mess room furnished with tables and benches with means for
warming food, provided that where a canteen or other proper
arrangements exist for the workers to take their meals, the
requirements of mess room shall be dispensed with.
13.
Medical facilities and records of examinations and tests—
I.
The occupier of every factory to which this schedule applies,
shall—
(a) employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
employment shall be subject to the approval of the Chief
Inspector of Factories ; and
(b) Provide to the medical practitioner all the necessary
facilities for the purpose referred to in clause (a).
II.
The record of such examinations carried out by the medical
practitioner shall be maintained in a separate, register
approved by the Chief Inspector of Factories, which shall
be kept readily available for inspection by the Inspector.
14. Medical examination by Certifying Surgeon—
I.
Every worker employed in the processes specified in
paragraph 1 shall be examined by a Certifying Surgeon within
15 days of his first employment. Such examinations shall
include skin test for dermatitis and no worker shall be allowed
to work after 15 days of his first employment in the factory
unless certified fit for such employment by the Certifying
Surgeon.
II.
Every worker employed in a manganese process shall be
re-examined by a Certifying Surgeon at least once in every
12 months and such examination shall, wherever the
Certifying Surgeon considers appropriate, include all the tests
in subparagraph (I).
·
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III.
The Certifying Surgeon after examining a worker, shall issue
a Certificate of Fitness in Form XXIII. The record of
examination and re-examinations carried out shall be entered
in the Certificate and the Certificate shall be kept in the
custody of the manger of the factory. The record of each
examination carried out under sub-paragraph (I) and (II),
including the nature and the results of this test, shall also be
entered by the Certifying Surgeon in a health register in
Form XXIV.
IV.
The Certificate of Fitness and the health register shall be
kept readily available for inspection by the Inspector.
V.
If at any time the Certifying Surgeon is of the opinion that a
worker is no longer fit for employment in the said processes
on the ground that continuance therein would involve special
danger to the health of the worker, he shall make a record of
his findings in the said certificate and the health register.
The entry of his findings in those documents should also
include the period for which he considers that the said person
is unfit to work in the said process shall be provided with
alternate placement facilities unless he is fully incapacitated
in the opinion of the Certifying Surgeon , in which case the
person affected shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in sub-
paragraph (5) shall be re-employed or permitted to work in
the said processes unless the Certifying Surgeon, after further
examination, again certifies him fit for employment in those
processes.
APPENDIX-A
1.
Production of benzene
2.
Process where benzene is used for chemical synthesis
3.
Motor spirits (used as fuel)
APPENDIX-B
[ See Paragraph 11 of this Schedule]
CAUTIONARY NOTICE
Benzene and substances containing benzene
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1.
Hazards :
(a) Benzene and substances containing benzene are harmful ;
(b) Prolonged or repeated breathing of benzene vapours may result
in acute or chronic poisoning ;
(c) Benzene can also be absorbed through skin which may cause
skin or other diseases.
2.
Preventive measures :
(a) Avoid breathing of benzene vapours ;
(b) Avoid prolonged or repeated contact of benzene with the skin ;
(c) Remove benzene soaked or wet clothing promptly ;
(d) If any time you are exposed to high concentration of benzene
vapours and exhibit signs and symptoms such as dizziness,
difficulty in breathing, excessive excitation and losing of
consciousness, immediately inform your factory manager ;
(e) Keep all the containers of benzene closed ;
(f) Handle, use and process benzene and substances containing
benzene carefully in order to prevent their spillage on floor ;
(g) Maintain good housekeeping.
3.
Protective equipment :
(a) Use respiratory protective equipment in places where benzene
vapours are present in high concentration ;
(b) In emergency, use self generating oxygen mask or oxygen or air
cylinder masks ;
(c) Wear hand gloves, aprons, goggles and gum boots to avoid
contact of benzene with your skin and body parts ;
4.
First-aid measures in case of acute benzene poisoning :
(a) Remove the clothing immediately if it is wetted with benzene.
(b) If liquid benzene enters eyes, flush thoroughly for at least
15 minutes with clean running water and immediately secure
medical attention ;
(c) In case of unusual exposure to benzene vapour, call a
physician immediately. Until he arrives, do the following :—
i. If the exposed person is conscious—
·
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Move him to fresh air in open.
Lay down without a pillow and keep him quiet and warm.
ii. If the exposed person is unconscious—
Lay him down preferably on the left side with the head
low.
Remove any false teeth, chewing gum, tobacco or other
foreign objects which may be in his mouth.
Provide him artificial respiration in case difficulty is being
experienced in breathing.
In case of shallow breathing or cyanosis (blueness of
skin, lips, ears, finger nail beds), he should be provided
with medical oxygen or oxygen carbondioxide mixture. If
needed, he should be given artificial respiration. Oxygen
should be administered by a trained person only.
–––––––
·
·
·
·
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Schedule B-XXII
Manufacturing process or operation in carbon disulphide plants
1.
Application.—This schedule shall apply to all electric furnaces
in which carbon sulphide is generated and all other plants where carbon
disulphide after generation, is condensed, refined and stored. This schedule
is in addition to and not in derogation of any of the provisions of the Codes
and Rules made thereunder.
2.
Construction, installation and operation.—
I.
The buildings in which electric furnaces are installed and
carbon disulphide after generation is condensed and refined
shall be segregated from other parts of the factory and shall
be of open type to ensure optimum ventilation and the plant
layout shall be such that only a minimum number of workers
are exposed to the risk of any fire or explosion at any one
time.
II.
Every electric furnace and every plant in which carbon
disulphide is condensed, refined and stored with all their
fittings and attachments shall be of good construction, sound
material and of adequate strength to sustain the internal
pressure to which the furnace or the plant may be subjected
to and shall be so designed that carbon disulphide liquid and
gas are in closed system during their normal working.
III.
The electric furnace supports shall be firmly grouted about
60 centimetres in concrete or by other effective means.
IV.
Every electric furnace shall be installed and operated
according to manufacturers’ instructions and these
instructions shall be clearly imparted to the personnel in charge
of construction and operation.
V.
The instructions regarding observance of correct furnace
temperature, sulphur dose, admissible current or power
consumption and periodical checking of charcoal level shall
be strictly complied with.
3.
Electrodes.—
I.
Where upper ring electrodes made of steel are used in the
electric furnace, they shall be of seamless tube construction
and shall have arrangement for being connected to cooling
water system through a siphon built in the electrodes or
through a positive pressure water-pump.
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II.
The arrangement for cooling water referred to in sub-
paragraph (I) shall be connected with automatic alarm
system which will actuate in the event of interruption of
cooling water in the electrodes and give visible and audible
alarm signals in the control room and simultaneously stop
power supply for the furnace operation and to stop the further
supply of water. The alarm system and the actuating device
shall be checked every day.
4.
Charcoal level indicator and vibrator.—Means shall be
provided on each electric furnace for indicating the correct level of charcoal
in the furnace and vibrating the charcoal. This mean shall employed often
as necessary to maintain correct charge and level of charcoal.
5.
Charcoal separator.—A cyclone type of charcoal separator
shall be fitted on the off take pipe between the electric furnace and sulphur
separator to prevent entry of pieces of charcoal into the condensers and
piping.
6.
Rupture discs and safety seal.—
I.
At least two rupture discs of adequate size which shall blow
off at a pressure twice the maximum operating pressure shall
be provided on each furnace and shall either be mounted
directly on the top of the furnace or each through an
independent pipe as close as possible to the furnace.
II.
A safety water seal shall be provided and tapped from a
point between the charcoal separator and the sulphur
separator.
7.
Pyrometer and manometers.—
I.
Each electric furnace shall be fitted with adequate number
of pyrometers to give an indication of the temperature as
correctly as reasonably practicable at various points in the
furnace. The dials for reading the temperatures shall be
located in the control room.
II.
Manometers or any other suitable devices shall be provided
for indicating pressure–
(a) In the off take pipe before and after the sulphur
separator ; and
(b) In primary and secondary condensers.
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8.
Check valves.—All piping carrying carbon disulphide shall be
fitted with check valves at suitable positions so as to prevent gas from
flowing back into any electric furnace in the event of its shut down.
9.
Inspection and maintenance of electric furnaces.—
I.
Every electric furnace shall be inspected internally by a
competent person—
(a) Before being placed in service after installation ;
(b) Before being placed in service after reconstruction or
repairs ; and
(c) Periodically every time the furnace is opened for cleaning
or for replacing electrodes.
II.
When an electric furnace is shut down for cleaning—
(a) The brick lining shall be checked for continuity and any
part found defective removed ;
(b) After removal of any part of the lining referred to in (a)
the condition of the shell shall be closely inspected ; and
(c) Any plates found corroded to the extent that safety of
the furnace is endangered shall be replaced.
10.
Maintenance of records.—The following hourly records shall
be maintained in a log book.
(a) Manometer readings
at the
points specified in
sub-paragraph 7 (2) ;
(b) Gas temperature indicated by pyrometers and all other vital points
near the sulphur separator and primary and secondary
condensers ;
(c) Water temperature and flow of water through the siphon in the
electrodes ; and
(d) Primary and secondary voltages and current and energy
consumed.
11.
Electrical apparatus, wiring and fittings.—All buildings in
which carbon disulphide is refined or stored shall be provided with electrical
apparatus, wiring and fittings which shall afford adequate protection from
fire and explosion.
12.
Prohibition relating to smoking.—No person shall smoke or
carry matches, fire or naked light or other means of producing a naked light
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or spark in buildings in which carbon disulphide is refined or stored, and a
notice in the language understood by a majority of the workers shall be
posted in the plant prohibiting smoking and carrying of matches, fire or
naked light or other means of producing naked light or spark into such
rooms.
13.
Means of escape.—Adequate means of escape shall be
provided and maintained to enable persons to move to a safe place as
quickly as possible in case of an emergency. At least two independent
staircases of adequate width shall be provided in every building housing the
furnaces at reasonable intervals at opposite ends. These shall always be
kept clear of all obstructions and so designed to afford easy passage.
14.
Warnings in case of fire.—There shall be adequate
arrangements for giving warnings in case of fire or explosion which shall
operate on electrically and in case of failure of electricity by some mechanical
means.
15. Fire-fighting equipment.—
I.
Adequate number of suitable fire extinguishers or other fire-
fighting equipment shall be kept in constant readiness for
dealing with risks involved and depending on the amount and
nature of materials stored.
II.
Clear instructions as to how the extinguishers or other
equipment should be used printed in the language which the
majority of the workers employed understand, shall be affixed
to each extinguisher or other equipment and the personnel
trained in their use.
16. Bulk Sulphur.—
I.
Open or semi-enclosed spaces for storage of bulk sulphur
shall be sited with due regard to the dangers which may
arise from sparks given off by nearby locomotives, etc., and
precautions shall be taken to see that flames, smoking and
matches and other sources of ignition do not come in contact
with the clouds of dust arising during handling of bulk sulphur.
II.
All enclosures for bulk sulphur shall be of non-combustible
construction, adequately ventilated and so designed as to
provide a minimum of ledges on which dust may lodge.
III.
The bulk sulphur in the enclosures shall be handled in such a
manner as to minimise the formation of dust clouds and no
flame, smoking and matches or other sources of ignition shall
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be employed during handling and non-sparking tools shall be
used whenever sulphur is shovelled or otherwise removed
by hand.
IV.
No repairs involving flames, heat or use of hand or power
tools shall be made in the enclosure where bulk sulphur is
stored.
17.
Liquid sulphur.—Open flames, electric sparks and other
sources of ignition, including smoking and matches, shall be excluded from
the vicinity of molten sulphur.
18. Training and supervision.—
I.
All electric furnaces and all plants in which carbon disulphide
is condensed, refined or stored shall be under adequate
supervision at all times while the furnaces and plants are in
operation.
II.
Workers in charge of operation and maintenance of electric
furnaces and the plants shall be properly qualified and
adequately trained.
19. Washing facilities.—
I.
The occupier shall provide and maintain in a clean state and
in good repair, for the use of all persons employed wash
place under cover with at least one tap or stand-pipe, having
a constant supply of clean water for every five such persons,
the taps or stand-pipes being spaced not less than 120
centimetres apart with a sufficient supply of soap and clean
towels, provided that towels shall be supplied individually to
each worker if so ordered by the Inspector.
II.
All the workers employed in the sulphur storage, handling
and melting operations shall be provided with a nail brush.
20. Personal protective equipment.—
I.
Suitable goggles and protective clothing consisting of overalls
without packets, gloves and foot-wear shall be provided for
the use of operatives—
(a) When operating valves or cocks controlling
fluids etc. ;
(b) Drawing off a molten sulphur from sulphur pots ;
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(c) Handling charcoal or sulphur.
II.
Suitable respiratory protective equipment shall be provided
and stored in the appropriate place for use during abnormal
conditions or in an emergency.
III.
Arrangements shall be made for proper and efficient cleaning
of all such protective equipment.
21.
Cloakrooms.—There shall be provided and maintained for the
use of all persons employed in the processes a suitable cloakroom for clothing
put off during work hours and a suitable place separate from the cloakroom
for the storage or overalls or working clothes. The accommodation so
provided shall be placed in the charge of a responsible person and shall be
kept clean.
22.
Unauthorized persons.—Only maintenance and repair
personnel, persons directly connected with the plant operation and those
accompanied by authorized persons shall be admitted into the plant.
––––––––
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Schedule B-XXIII
Manufacture or manipulation of carcinogenic dye intermediates
1. Application.—The schedule shall apply in respect of all factories
or any part thereof where processes in which the substances mentioned in
paragraphs 3 and 4 are formed, manufactured, handled, or used and the
processes incidental thereto in the course of which these substances are
formed, are carried on. The processes indicated in this paragraph shall be
referred to hereinafter as “the said processes”, and such a reference shall
mean any or all the processes described in this paragraph.
2.
Definitions.—For the purpose of this schedule the following
definitions shall apply, unless the context otherwise requires :—
(a) “controlled substances” means chemical substances mentioned
in paragraph 4 of this schedule ;
(b) “efficient exhaust draught” means localised ventilation effected
by mechanical means for the removal of gas, vapour, dust or
fume so as to prevent them from escaping into the air of any
place in which work is carried on. No draught, shall be deemed
to be efficient which fails to remove smoke generated at the
point where such gas, vapour, fume or dust originates ; and
(c) “prohibited substances” means chemical substances mentioned
in paragraph 3 of this schedule.
3.
Prohibited substances.—For the purpose of this schedule, the
following chemical substances shall be classified as “prohibited substances”
except when theses substances are present or are formed as a
by-product of a chemical reaction in a total concentration not exceeding
one per cent :—
(a) beta-naphthylamine and its salts ;
(b) Benzedrine and its salts ;
(c) 4-amino biphenyl and its salts ;
(d) 4-nitro diphenyl and its salts ; and
(e) any substance containing any of these compounds.
4.
Controlled substances.—For the purpose of this schedule,
the following chemical substances shall be classified as “controlled
substances” :—
(a) alpha-naphthylamine or alpha-naphthylamine containing not
more than one percent of beta-naphthylamine either as a
by-product of chemical reaction or otherwise, and its salts ;
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(b) ortho-tolidine and its salts ;
(c) dianisdine and its salts ;
(d) dichlorobenzidine and its salts ;
(e) auramine ; and
(f) magneta.
5.
Prohibition of employment.—No person shall be employed in
the said processes in any factory in which any prohibited substance is formed,
manufactured, processed, handled, or used except as exempted by the Chief
Inspector as stipulated in paragraph 23.
6.
Requirements for processing or handling controlled
substances.—(1) Wherever any of the controlled substances referred to
in paragraph 4 are formed, manufactured, processed, handled, or used, all
practical steps shall be taken to prevent inhalation, ingestion or absorption
of the said controlled substance by the workers while engaged in processing
that substance, and its storage or transport within the plant, or in cleaning
or maintenance of the concerned equipment, plant, machinery and storage
areas.
(2)
As far as possible all operations shall be carried out in a totally
enclosed system. Wherever such enclosure is not possible, efficient exhaust
draught shall be applied at the point where the controlled substances are
likely to escape into the atmosphere during the process.
(3)
The controlled substances shall be received in the factory in
tightly closed containers and shall be kept so except when these substances
are in process or in use. The controlled substances shall leave the factory
only in tightly closed containers of appropriate type. All the containers shall
be plainly labelled to indicate the contents.
7.
Personal protective equipment.—(1) The following items
of personal protective equipment shall be provided and issued to every
worker employed in the said processes :—
(a) long trousers and shirts or overalls with full sleeves and
head coverings. The shirt or overall shall cover the neck
completely ; and
(b) rubber gum-boots.
(2)
The following items of personal protective equipment shall be
provided in sufficient numbers for use by workers employed in the said
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processes when there is danger of injury during the performance of normal
duties or in the event of emergency :—
(a) rubber hand-gloves ;
(b) rubber aprons ; and
(c) airline respirators or other suitable respiratory protective
equipment.
(3)
It shall be the responsibility of the manager to maintain all items
of personal protective equipment in a clean and hygienic condition and in
good repair.
8.
Prohibition relating to employment of women and young
persons.—No woman or young person shall be employed or permitted to
work in any room in which the said processes are carried on.
9.
Floors of workroom.—The floor of every workroom in which
the said processes are carried on shall be—
(a) smooth and impervious to water provided that asphalt or tar
shall not be used in the composition of the floor ;
(b) maintained in a state of good repair ;
(c) with a suitable slope for easy draining and provided with
gutters ; and
(d) thoroughly washed daily with the drain water being led into a
sewer through a closed channel.
10.
Disposal of empty containers.—Empty containers used for
holding controlled substances shall be thoroughly cleaned of their contents
and treated with an inactivating agent before being discarded.
11.
Manual handling.—Controlled substances shall not be allowed
to be mixed, filled, emptied or handled except by means of a scoop with a
handle. Such scoop shall be thoroughly cleaned daily.
12.
Instructions regarding risk.—Every worker on his first
employment in the said processes shall be fully instructed on the properties
of the toxic chemicals to which he is likely to be exposed to, of the dangers
involved and the precautions to be taken. Workers shall also be instructed
on the measures to be taken to deal with an emergency.
13.
Cautionary placards.—Cautionary placards in the form
specified in appendix attached to this schedule and printed in the language
of the majority of the workers employed in the said processes shall be
affixed in prominent places frequented by them in the factory, where the
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placards can be conveniently read. Arrangements shall be made by the
manager to instruct periodically all such workers regarding the precautions
contained in the cautionary placards.
14.
Obligations of the workers.—It shall be the duty of the persons
employed in the said processes to submit themselves for the medical
examination including exfoliative cytology of urine by the Certifying Surgeon
or the qualified medical practitioner as provided for under these rules.
15.
Washing and bathing facilities.—(1) The following washing
and bathing facilities shall be provided and maintained in a clean state and
in good repair for the use of all workers employed in the said processes :—
(a) a wash place under cover having constant supply of water and
provided with clean towels, soap and nail brushes and with at
least one stand pipe for every five such workers ;
(b) 50 per cent of the stand pipes provided under clause (a) shall
be located in bathrooms where both hot and cold water shall
be made available during the working hours of the factory and
for one hour thereafter ;
(c) the washing and bathing facilities shall be in close proximity of
the area housing the said processes ;
(d) clean towels shall be provided individually to each worker ;
and
(e) in addition to the taps mentioned under clause (a), one stand
pipe, in which warm water is made available, shall be provided
on each floor.
(2)
Arrangement shall be made to wash factory uniforms and other
work clothes everyday.
16.
Food, drinks, etc. prohibited in workroom.—No worker
shall consume food, drink, pan, supari or tobacco or shall smoke in any
workroom in which the said processes are carried on and no worker shall
remain in any such room during intervals for meals or rest.
17.
Cloakroom.—There shall be provided and maintained in a clean
state and in good repair for the use of the workers employed in the said
processes—
(a) a cloakroom with lockers having two compartments-one for
street clothes and the other for work clothes ; and
(b) a place separate from the locker room and the messroom, for
the storage of protective equipment provided under
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paragraph 7. The accommodation so provided shall be under
the care of a responsible person and shall be kept clean.
18.
Messroom.—There shall be provided and maintained for the
use of workers employed in the said processes who remain on the premises
during the meal intervals, a messroom which shall be furnished with tables
and benches and provided with suitable means for warming food.
19.
Time allowed for washing.—Before the end of each shift 30
minutes shall be allowed for bathing for each worker who is employed in
the said processes. Further, atleast 10 minutes shall be allowed for washing
before each meal in addition to the regular time allowed for meals.
20.
Restriction on age of persons employed.—No worker under
the age of 40 years shall be engaged in the factory in the said processes for
the first time after the date on which the schedule comes into force.
21.
Medical facilities and records of examinations and tests.—
(1) The occupier of every factory to which this schedule applies, shall—
(a) employ a qualified medical practitioner for medical surveillance
of the workers employed therein whose employment shall be
subject to the approval of the Chief Inspector of Factories ;
and
(b) provide to the medical practitioner all the necessary facilities
for the purpose referred to in clause (a).
(2) The record of such examinations carried out by the medical
practitioner shall be maintained in a separate register approved by the Chief
Inspector of Factories, which shall be kept readily available for inspection
by the Inspector.
22.
Medical examination by Certifying Surgeon.—(1) Every
worker employed in the processes specified in paragraph 1 shall be
examined by a Certifying Surgeon within 15 days of his first employment.
Such examinations shall include skin test for dermatitis and no worker shall
be allowed to work after 15 days of his first employment in the factory
unless certified fit for such employment by the Certifying Surgeon.
(2)
Every worker employed in a manganese process shall be re-
examined by a Certifying Surgeon at least once in every three calendar
months and such examination shall, wherever the Certifying Surgeon
considers appropriate, include all the tests in sub-paragraph (1).
(3)
The Certifying Surgeon after examining a worker, shall issue a
Certificate of Fitness in Form XXIII. The record of examination and
re-examinations carried out shall be entered in the Certificate and the
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Certificate shall be kept in the custody of the manger of the factory. The
record of each examination carried out under sub-paragraph (1) and (2) ,
including the nature and the results of these test, shall also be entered by
the Certifying Surgeon in a health register in Form XXIV.
(4)
The Certificate of Fitness and the health register shall be kept
readily available for inspection by the Inspector.
(5)
If at any time the Certifying Surgeon is of the opinion that a
worker is no longer fit for employment in the said processes on the ground
that continuance therein would involve special danger to the health of the
worker, he shall make a record of his findings in the said certificate and the
health register. The entry of his findings in those documents should also
include the period for which he considers that the said person is unfit to
work in the said process shall be provided with alternate placement facilities
unless he is fully incapacitated in the opinion of the Certifying Surgeon , in
which case the person affected shall be suitably rehabilitated.
(6)
No person who has been found unfit to work as said in
sub-paragraph (5) shall be re-employed or permitted to work in the said
processes unless the Certifying Surgeon , after further examination, again
certifies him fit for employment in those processes.
23. Exemptions-prohibited substances.—(1) The Chief Inspector
may by a certificate in writing (which he may at his discretion revoke at
any time), subject to such conditions, if any, as may be specified therein,
exempt any process in the course of which any of the prohibited substances
is formed, processed, manufactured, handled, or used, form the provisions
of paragraph 5 if he is satisfied that the process is carried out in a totally
enclosed and hermetically sealed system in such a manner that the prohibited
substance is not removed from the system except in the quantities no greater
than that required for the purpose of control, of the process or such purposes
as is necessary to ensure that the product is free from any of the prohibited
substances.
(2)
The Chief Inspector may allow the manufacture, handling or
use of benzidine hydrochloride provided that all the processes in connection
with it are carried out in a totally enclosed system in such a manner that no
prohibited substance other than benzidine hydrochloride is removed therefrom
except in quantities no greater than that required for the purpose of control
of the processes or such purposes as is necessary to ensure that the product
is free from prohibited substances and that adequate steps are taken to
ensure that benzidine hydrochloride is, except while not in a totally enclosed
system, kept wet not less than one part of water to two parts of benzidine
hydrochloride at all times.
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24.
Exemptions-general.—If in respect of any factory, the Chief
Inspector is satisfied that owing to the exceptional circumstances or
infrequency of the processes or for any other reason, all or any of the
provisions of this schedule is not necessary for the protection of the workers
in the factory, the Chief Inspector may by a certificate in writing (which he
may in his discretion revoke at any time), exempt such factory from all or
any of such provisions subject to such conditions, if any, as he may specify
therein.
APPENDIX-A
CAUTIONARY PLACARD/NOTICE
Carcinogenic dye intermediates
1. Dye intermediates which are nitro amino derivatives or aromatic
hydrocarbons are toxic. You have to handle these chemicals
frequently in this factory.
2. Use the various items of protective wear to safeguard your
own health.
3. Maintain scrupulous cleanliness at all times. Thoroughly wash
hands and feet before taking meals. It is essential to take a
bath before leaving the factory.
4. Wash off any chemical falling on your body with soap and
water. If splashed with a solution of the chemical, remove the
contaminated clothing immediately. These chemicals are known
to produce cyanosis. Contact the medical officer or appointed
doctor immediately and get his advice.
5. Handle the dye intermediates only with long handled scoops,
never with bare hands.
6. Alcoholic drinks should be avoided as they enhance the risk of
poisoning by the chemicals.
7. Keep your food and drinks away from work place. Consuming
food, drinks or tobacco in any form at the place of work is
prohibited.
8. Serious effects from work with toxic chemicals may follow
after many years. Great care must be taken to maintain absolute
cleanliness of body, clothes, machinery and equipment.
––––––
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Schedule B-XXIV
Operations involving high noise levels
1.
Application.—This schedule shall apply to all operations in any
manufacturing process having high noise level.
2.
Definitions.—For the purpose of this schedule,—
(a) “Noise” means any unwanted sound.
(b) “High noise level” means any noise level measured on the
A-weighted scale is 90 dB or above.
(c) “Decibel” means one-tenth of “Bel” which is the fundamental
division of a logarithmic scale used to express the ratio of two
specified or implied quantities, the number of “Bels” denoting
such a ratio being the logarithm to the base 10 of this ratio. The
noise level (or the sound pressure level) 6 corresponds to a
reference pressure of 20 x 10 power(-6) Newton per square
meter or 0.0002 dynes per square centimetre which is the
threshold of hearing, that is, the lowest sound pressure level
necessary to produce the sensation of hearing in average healthy
listeners. The decibel in abbreviated form is dB.
(d) “Frequency” is the rate of pressure variations expressed in cycles
per second or hertz.
(e) “dBA” refers to sound level in decibels as measured on a sound
level meter operating on the A-weighting net work with slow
meter response.
(f)
“A-weighting” means making graded adjustments in the
intensities of sound of various frequencies for the purpose of
noise measurement, so that the sound pressure level measured
by an instrument reflects the actual response of the human ear
to the sound measured.
3.
Protection against noise.—
i.
In every factory, suitable, a suitable engineering control or
administrative measures shall be taken to ensure, so far as
is reasonably practicable, that no worker is exposed to sound
levels exceeding the maximum permissible noise exposure
levels specified in Tables 1 and 2.
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Table 1
Permissible exposure in cases of continuous noise
Total time of exposure (continuous dBA Sound pressure level in or a
per day, in hours number of short term exposures) :
8 90
6 92
4 95
3 97
2 100
1 ½ 102
1 105
¾ 107
½ 110
¼ 115
Notes :—1. No exposure in excess of 115 dBA is to be permitted.
2. For any period of exposure falling in between any figure and
the next higher or lower figure as indicated in column 1, the
permissible sound pressure level is to be determined by
extrapolation on a proportionate basis.
–––––––
Table 2
Permissible exposure levels of impulsive or impact noise
Peak sound pressure level in dB Permitted number of impulses or
impact per day :
140 100
135 315
130 1,000
125 3,160
120 10,000
Notes :—1. No exposure in excess of 140 dB peak sound pressure level
is permitted.
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2. For any peak sound pressure level falling in between any
figure and the next higher or lower figure as indicated in
column 1, the permitted number of impulses or impacts per
day is to be determined by extrapolation on a proportionate
basis.
3. For the purposes of this schedule, if the variations in the noise
level involve maximum at intervals of one second or less, the
noise is to be considered as a continuous one and the criteria
given in Table 1 would apply. In other cases, the noise is to be
considered as impulsive or impact noise and the criteria given
in Table 2 would apply.
4. When the daily exposure is composed of two or more periods
of noise exposure at different levels their combined effect
should be considered, rather than the individual effect of each.
The mixed exposure should be considered to exceed the limit
value if the sum of the fractions C1/T1 + C2/T2 +..............
Cn/Tn exceeds unity, - Where the C1, C2 etc. indicate the
total time of actual exposure at a specified noise level and
T1, T2, etc. denote the time of exposure of less than 90 dBA
may be ignored in the above calculation.
5. Where it is not possible to reduce the noise exposure to the
levels specified in Point (1) of the Note by reasonably
practicable engineering control or administrative measures,
the noise exposure shall be reduced to the greatest extent
feasible by such control measures, and each worker so exposed
shall be provided with suitable ear protectors so as to reduce
the exposure to noise to the levels specified in Point (1) of the
Note.
6. Where the ear protectors provided in accordance with sub-
paragraph (2) and worn by a worker cannot still attenuate
the noise reaching near his ear, as determined by subtracting
the attenuation value in dBA of the ear protectors concerned
from the measured sound pressure level, to a level permissible
under Table 1 or Table 2 as the case may be, the noise
exposure period shall be suitably reduced to correspond to
the permissible noise exposures specified in point (1) of the
Note.
7. (a) In all cases where the prevailing sound levels exceed the
permissible levels specified in point (1) of the Note there
shall be administered an effective hearing conservation
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programme which shall include among other hearing
conservation measures, pre-employment and periodical
auditory surveys conducted on workers exposed to noise
exceeding the permissible levels, and rehabilitation of such
workers either by reducing the exposure to the noise
levels or by transferring them to places where noise levels
are relatively less or by any other suitable means ;
(b) Every worker employed in areas where the noise exceeds
the maximum permissible exposure levels specified in
point (1) of the Note shall be subjected to any auditory
examination by a Certifying Surgeon within 14 days of
his first employment and thereafter, shall be re-examined
at least once every 12 months. Such initial and periodical
examinations shall include tests which the Certifying
Surgeon may consider appropriate and shall include
determination of auditory thresholds for pure tones of 125,
250, 500, 1000, 2000, 4000 and 8000 cycles per second.
_______
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Schedule B-XXV
Manufacture of Rayon by viscose process
1.
Definitions.—For the purpose of this Part—
(a) “approved” means approved for the time being in writing by the
Chief Inspector ;
(b) “breathing apparatus” means a helmet or face piece with
necessary connections by means of which the person using it in
a poisonous, asphyxiating or irritant atmosphere breathes
unpolluted air ; or any other approved apparatus ;
(c) “churn” means the vessel in which alkali cellulose pulp is treated
with carbon disulphide ;
(d) “dumping” means transfer of cellulose xanthate from a dry churn
to a dissolver ;
(e) “efficient exhaust draught” means localised ventilation by
mechanical means for the removal of any gas or vapour, so as to
prevent it from escaping into the air of any place in which work
is carried on. No draught shall be deemed to be efficient if it fails
to control effectively any gas or vapour generated at the point
where such gas or fume originates ;
(f) “fume process” means any process in which carbon disulphide
or hydrogen sulphide is produced, used or given off ;
(g) “life belt” means a belt made of leather or other suitable material
which can be securely fastened round the body with a suitable
length of rope attached to it, each of which is sufficiently strong
to sustain the weight of a man ;
(h) “protective equipment” means apron, goggles, face shields,
footwear, gloves and overalls made of suitable materials.
2.
Ventilation.—
I.
In all workrooms where a fume process is carried on,
adequate ventilation by natural or mechanical means shall
be provided so as to control, in association with other control
measures, the concentration of carbon-di-sulphide and
hydrogen sulphide in the air of every work environment within
the permissible limits.
II.
Notwithstanding the requirements in sub-paragraph (I) an
efficient exhaust draught shall be provided and maintained
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to control the concentration of carbon-disulphide and hydrogen
sulphide in the air at the following locations :—
(a) dumping hoppers of dry churns ;
(b) spinning machines ;
(c) trio rollers and cutters used in steple fibre spinning ;
(d) gydro-extractors for yarn cakes ;
(e) after treatment processes ; and
(f) spin baths.
III.
In so far as the spinning machines and trio rollers and cutters
used in staple fibre spinning are concerned, they shall be, for
the purpose of ensuring the effectiveness of the exhaust draft
to be provided as required in sub-paragraph (1), enclosed as
fully as practicable and provided with suitable shutters in
sections to enable the required operations to be carried out
without giving rise to undue quantities of carbon-di-dulphide
escaping to the work environment.
IV.
No dry churn shall be opened after completion of reaction
without initially exhausting the residual vapours of carbon-
di-sulphide by operation of a suitable and efficient
arrangement for exhausting the vapours which shall be
continued to be operated as long as the churn is kept opened.
V.
Whenever any ventilation apparatus normally required for
the purpose of meeting the requirements in sub-
paragraphs (II), (III), and (IV) is ineffective, fails, or is
stopped for any purpose whatsoever, all persons shall be
required to leave the work areas where the equipment or
processes specified in the above said sub-paragraphs are in
use, as soon as possible, and in any case not later than 15
minutes after such an occurrence.
VI. (a)
All ventilating systems provided for the purposes as required
in sub-paragraphs (II), (III) and (IV) shall be examined and
inspected once every week by a responsible person. It shall
be thoroughly examined and tested by a competent person
once in every period of 12 months. Any defects found by
such examinations or test shall be rectified forthwith ;
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(b)
A register containing particulars of such examinations and
tests, and the state of the systems and the repairs or
alterations (if any) found to be necessary shall be kept and
shall be available for inspection by an Inspector.
3.
Waste from spinning machines.—Waste yarn from the
spinning machines shall be deposited in suitable containers provided with
close fitting covers. Such waste shall be disposed off as quickly as possible
after decontamination.
4.
Lining of dry churns.—The inside surface of all dry churns
shall be coated with a non-sticky paint so that cellulose xanthate will not
stick to the surface of the churn. Such coating shall be maintained in good
condition.
5.
Air monitoring.—
I.
To ensure the effectiveness of the control measures,
monitoring of carbon-disulphide and hydrogen sulphide in air
shall be carried out once at least in every shift and the record
of the results so obtained shall be entered in a register
specially maintained for the purposes.
II.
For the purpose of the requirement in sub-paragraph (1),
instantaneous gas detector tubes shall not be used. Samples
shall be collected over duration of not less than 10 minutes
and analyzed by an approved method. The locations where
such monitoring is to be done shall be as directed by the
Inspector.
III.
If the concentration of either carbon disulphide or hydrogen
sulphide exceeds the permissible limits for such vapour or
gas as laid down in Rule 66, suitable steps shall be taken for
controlling the concentrations in air of such contaminants. A
report of such occurrences shall be sent to the Chief Inspector
forthwith.
6.
Prohibition to remain in fume process room.—No person
during his intervals for meal, or rest shall remain in any room wherein fume
process is carried on.
7.
Prohibition relating to employment of young persons.—
No young person shall be employed or permitted to work in any fume
process or in any room in which any such process is carried on.
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8.
Protective equipment.—
I.
the occupier shall provide and maintain in good condition
protective equipment as specified in the Table for use of
persons employed in the processes referred to therein.
Table
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. Process
Protective equipment
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Dumping
Overalls, face-shields, gloves and
footwear all made of suitable
material
2.
Spinning
Suitable aprons, gloves and
footwear
3.
Process involving or
Suitable gloves and footwear
likely to involve contact
with viscose solution
4.
Handling of sulphur
Suitable chemical goggles
5.
Any other process
Protective equipment as may be
involving contact
directed by the Chief Inspector
with hazardous
by an order in writing
chemicals
II.
A suitable room, rooms or lockers shall be provided
exclusively for the storage of all protective equipment
supplied to workers and no such equipment shall be stored
at any place other than the room, rooms or lockers so
provided.
9.
Breathing apparatus.—
I.
There shall be provided in every factory where fume process is
carried on, sufficient supply of—
(a) breathing apparatus ;
(b) oxygen and a suitable appliances for its administration ;
and
(c) life belts.
II.
(a) The breathing apparatus and other appliances referred to in
sub-paragraph (I) shall be maintained in good condition and
kept in appropriate locations so as to be readily available ;
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(b) The breathing apparatus and other appliances referred at
(a) and (b) of sub-paragraph (I) shall be cleaned and
disinfected at suitable intervals and thoroughly inspected once
every month by a responsible person ;
(c) A record of the maintenance of the condition of the breathing
apparatus and other appliances referred to in sub- paragraph
(I) shall be entered in a register provided for that purpose
which shall be readily available for inspection by an
Inspector.
III. Sufficient number of workers shall be trained and periodically
retrained in the use of breathing apparatus and administering
artificial respiration so that at least 2 such trained persons would
be available during all the working hours in each room in which
fume process is carried on.
IV. Breathing apparatus shall be kept properly labeled in clean, dry,
light-proof cabinets and if liable to be affected by fumes, shall be
protected by placing them in suitable containers.
V. No person shall be employed to perform any work for which
breathing apparatus is necessary to be provided under sub-
paragraph (1) unless he has been fully instructed in the proper
use of that equipment.
VI. No breathing apparatus provided in pursuance of
sub-paragraph (1) which has been worn by a person shall be
worn by another person shall be worn by another person unless
it has been thoroughly cleaned and disinfected since last being
worn and the person has been fully instructed in the proper use
of that equipment.
10.
Electric fittings.—All electric fittings in any room in which
carbon-di-sulphide is produced, used or given off or is likely to be given off
into the work environment, other than a spinning room, shall be of flame-
proof construction and all electric conductors shall either be enclosed in
metal conduits or be lead-sheathed.
11.
Prohibition relating to smoking, etc.—No person shall smoke
or carry matches, fire or naked light or other means of producing a naked
light or spark in a room in which fume process is carried on. A notice in the
language understood by the majority of the workers shall be posted a
prominent locations in the plant prohibiting smoking and carrying of matches,
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fire or naked light or other means of producing naked light or spark into
such rooms :
Provided that fire, naked light or other means of producing a naked
light of spark may be carried on in such room only when required for the
purposes of the process itself under the direction of a responsible person.
12. Washing and bathing facilities.—
I.
There shall be provided and maintained in a clean state
and in good repair for the use of all workers employed
and in the processes covered by the schedule, adequate
washing and bathing places having a constant supply of
water under cover at the rate of one such place for every
25 persons employed.
II.
The washing places shall have standpipes placed at
intervals of not less than one meter.
III.
Not less than one half of the total number of washing
places shall be provided with bathrooms.
IV.
Sufficient supply of clean towels made of suitable
material shall be provided :
Provided that such towels shall be supplied individually
for each worker if so ordered by the Inspector.
V.
Sufficient supply of soap and nail brushes shall be
provided.
13. Rest Room.—
I.
A rest room shall be provided for the workers engaged in
doffing operations of filament yarn spinning process.
II.
Such rest room shall be provided with fresh air supply and
adequate seating arrangement.
14. Cautionary notice and instructions—
I.
The following cautionary notice shall be prominently displayed
in each fume process room :—
Cautionary Notice.—
i.
Carbon disulphide (CS2) and Hydrogen Sulphide (H2S)
which may be present in this room are hazardous to health ;
ii.
Follow safety instructions ;
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iii.
Use protective equipment and breathing apparatus as and
when required ;
iv.
Smoking is strictly prohibited in this area.
This notice shall be in a language understood by the majority
of the workers and displayed where it can be easily and
conveniently read. If any worker is illiterate, effective steps
shall be taken to explain carefully to him the contents of the
notice so displayed.
II. Arrangements shall be made to instruct each worker employed
in any room in which a fume process is carried on regarding the
health hazards connected with their work and the preventive
measures and methods to protect themselves. Such instructions
shall be given on his first employment and repeated periodically.
III. Simple and special instructions shall be framed to ensure that
effective measures will be carried out in case of emergency
involving escape of carbondi-sulphide and hydrogen sulphide.
Those instructions shall be displayed in the concerned areas and
workers shall be instructed and trained in the actions to be taken
in such emergencies.
15. Medical facilities and records of examinations and tests.—
I.
The occupier of every factory to which this schedule
applies, shall—
(a)
employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
employment shall be subject to the approval of the
Chief Inspector of Factories ; and
(b)
Provide to the said medical practitioner all the
necessary facilities for the purpose referred at (a).
II.
The record of such examinations carried out by the
medical practitioner shall be maintained in a separate,
register approved by the Chief Inspector of Factories,
which shall be kept readily available for inspection by
the Inspector.
16. Medical examination by certifying Surgeon.—
I.
Every worker employed in the processes specified in
paragraph 1 shall be examined by a Certifying Surgeon
within days of his first employment. Such examinations
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shall include skin test for dermatitis and no worker shall
be allowed to work after 15 days of his first employment
in the factory unless certified fit for such employment
by the Certifying Surgeon.
II.
Every worker employed in a manganese process shall
be re-examined by a Certifying Surgeon at least once in
every three calendar months and such examination shall,
wherever the Certifying Surgeon considers appropriate,
include all the tests in sub-paragraph (I).
III.
The Certifying Surgeon after examining a worker shall
issue a Certificate of Fitness in Form XXIII. The record
of examination and re-examinations carried out shall be
entered in the Certificate and the Certificate shall be
kept in the custody of the manager of the factory. The
record of each examination carried out under sub-
paragraph (I) and (II) including the nature and the results
of these test, shall also be entered by the Certifying
Surgeon in a health register in Form XXIV.
IV.
The Certificate of Fitness and the health register shall
be kept readily available for inspection by the Inspector.
V.
If at any time the Certifying Surgeon is of the opinion
that a worker is no longer fit for employment in the said
processes on the ground that continuance therein would
involve special danger to the health of the worker, he
shall make a record of his findings in the said certificate
and the health register. The entry of his findings in those
documents should also include the period for which he
considers that the said person is unfit to work in the said
process shall be provided with alternate placement
facilities unless he is fully incapacitated in the opinion of
the Certifying Surgeon, in which case the person affected
shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in
sub-paragraph (V) shall be re-employed or permitted to
work in the said processes unless the Certifying Surgeon,
after further examination, again certifies him fit for
employment in those processes.
17.
Exemptions.—If in respect of any factory, the Chief Inspector
is satisfied that owing to the exceptional circumstances or infrequency of
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the processes or for any other reason, all or any of the provisions of this
schedule is not necessary for the protection of the workers in the factory,
the Chief Inspector may be a certificate in writing which he may in his
discretion revoke at any time, exempt such factory from all or any of such
provisions subject to such conditions, if any, as he may specify therein.
________
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Schedule B-XXVI
Highly Flammable Liquids and Flammable Compressed Gases
1.
Application.—These schedule will be applicable to all factories
where highly fl2ammable liquids or flammable compressed gases are
manufactured, stored, handled or used.
2.
Definitions.—For the purpose of this schedule—
(a) “highly flammable liquid” means any liquid including its solution,
emulsion or suspension which when tested in a manner specified
by sections 14 and 15 of the Petroleum Act, 1934 (30 of 1934)
gives off flammable vapours at a temperature less than 32 degree
centigrade ;
(b) “flammable compressed gas” means flammable compressed gas
as defined in section 2 of the Static and Mobile Pressure Vessels
(Unfired) Rules, 1981 framed under the Explosive Act, 1884.
3.
Storage.—
I.
Every flammable liquid or flammable compressed gas used
in every factory shall be stored in suitable fixed storage tank,
or in suitable closed vessel located in a safe position under
the ground, in the open or in a store room of adequate fire
resistant construction.
II.
Except as necessary for use, operation or maintenance, every
vessel or tank which contains or had contained highly
flammable liquid or flammable compressed gas shall be
always kept closed and all reasonably practicable steps shall
be taken to contain or immediately drain off to a suitable
container any spill or leak that may occur.
III.
Every container, vessel, tank, cylinder, or store room used
for storing highly flammable liquid or flammable compressed
gas shall be clearly and in bold letters marked “Danger-
Highly Flammable Liquid” or “Danger-Flammable
Compressed Gas”.
4.
Enclosed Systems for Conveying Highly Flammable
Liquids.—Wherever it is reasonably practicable, highly flammable liquids
shall be conveyed within a factory in totally enclosed systems consisting of
pipelines, pumps and similar appliances from the storage tank or vessel to
the point of use. Such enclosed systems shall be so designed, installed,
operated and maintained as to avoid leakage or the risk of spilling.
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5.
Preventing Formation of Flammable Mixture with Air.—
Wherever there is a possibility for leakage or spill of highly flammable
liquid or flammable compressed gas from any equipment, pipeline, valve,
joint or other part of a system, all practicable measures shall be taken to
contain, drain off or dilute such spills or leakage as to prevent formation of
flammable mixture with air.
6.
Prevention of Ignition.—In every room, work place or other
location where highly flammable liquid or flammable combustible gas is
stored, conveyed, handled or used or where there is danger of fire or
explosion from accumulation of highly flammable liquid or flammable
compressed gas in air, all practicable measures shall be taken to exclude
the sources of ignition. Such precautions shall include the following :—
(a) All electrical apparatus shall either be excluded from the area
of risk or they shall be of such construction and so installed
and maintained as to prevent the danger of their being a source
of ignition ;
(b) Effective measures shall be adopted for prevention of
accumulation of static charges to a dangerous extent ;
(c) no person shall wear or be allowed to wear any foot wear
having iron or steel nails or any other exposed ferrous materials
which is likely to cause sparks by friction ;
(d) Smoking, lighting or carrying of matches, lighters or smoking
materials shall be prohibited ;
(e) Transmission belts with iron fasteners shall not be used ; and
(f) all other precautions, as are reasonably practicable, shall be
taken to prevent initiation of ignition from all other possible
sources such as open flames, frictional sparks, overheated
surfaces of machinery or plant, chemical or physical-chemical
reaction and radiant heat.
7.
Prohibition of smoking.—No person shall smoke in any place
where highly flammable liquid or flammable compressed gas is present in
circumstances that smoking would give a risk of life. The occupier shall
take all practicable measures to ensure compliance with this requirement
including display of a bold notice indicating prohibition of smoking at every
place where this requirement applies.
8.
Fire Fighting.—In every factory where highly flammable liquid
or flammable compressed gas is manufactured, stored, handled or used,
appropriate and adequate means of fighting a fire shall be provided.
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The adequacy and suitability of such means which expression includes the
fixed and portable fire extinguishing systems, extinguishing material,
procedures and the process of fire fighting, shall be to the standards and
levels prescribed by the Indian Standards applicable.
9.
Exemptions.—If in respect of any factory, the Chief Inspector
is satisfied that owing to the exceptional circumstances or infrequency of
the processes or for any other reason, all or any of the provisions of this
schedule is not necessary for the protection of the workers in the factory,
the Chief Inspector may be a certificate in writing which he may in his
discretion revoke at any time, exempt such factory from all or any of such
provisions subject to such conditions, if any, as he may specify therein.
––––––––
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Schedule B-XXVII
Operations in Foundries
1.
Application.—Provisions of this Schedule shall apply to all parts
of factories where any of the following operations or processes are carried
on :—
(a) the production of iron castings or, as the case may be, steel
castings by casting in moulds made of sand, loam, moulding
composition or other mixture of materials, or by shall moulding,
or by centrifugal casting and any process incidental to such
production ;
(b) the production of non-ferrous castings by casting metal in moulds
made of sand, loam, metal, moulding composition or other material
or mixture of materials, or by shall mouldings, die-casting
(including pressure die casting), centrifugal casting or continuous
casting and any process incidental to such production ; and
(c) the melting and casting of non-ferrous metal for the production
of ingots, billets, slabs or other similar products, and the stripping
thereof ;
But shall not apply with respect to—
(a) Any process with respect to the smelting and manufacture
of lead and the Electric Accumulators ;
(b) Any process for the purpose of a printing works ; or
(c) Any smelting process in which metal is obtained by a reducing
operation or any process incidental to such operation ; or
(d) The production of steel in the form of ingots ; or
(e) Any process in the course of the manufacture of solder or
any process incidental to such manufacture ; or
(f) the smelting and casting of lead or any lead-based alloy for
the production of ingots, billets, slabs or other similar products
or the stripping thereof, or any process incidental to such
melting, casting or stripping.
2.
Definition.—For the purpose of this Schedule—
(a)
“approved respirator” means a respirator of a type approved
by the Chief Inspector-cum-Facilitator ;
(b) “cupola of furnace” includes a receiver associated therewith ;
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(c) “dressing or fettling operations” includes stripping and other
removal of adherent sand, cores, runners, risers, flash and other
surplus metal from a casting and the production of reasonably
clean and smooth surface, but does not include ;
i.
The removal of metal from a casting when performed
incidentally in connection with the machining or assembling
of castings after they have been dressed or fettled ; or
ii.
Any operation which is knock-out operation within the
meaning of this schedule.
(d) “foundry” means those parts of a factory in which the production
of iron or steel or non-ferrous castings (not being the production
of pig iron or the production of steel in the form of ingots) is
carried on by casting in moulds made of sand, loam, moulding
composition or other mixture of materials, or by shell moulding
or by centrifugal casting in metal moulds lined with sand, or die
casting including pressure die casting, together with any part of
the factory in which any of the following processes are carried
on as incidental processes in connection with and in course of,
such production, namely, the preparation and preparation of
moulds and cores, knock out operations and dressing or fettling
operations ;
(e) “knock-out operations” means all methods of removing castings
from moulds and the following operations, when done in
connection therewith, namely, stripping, coring-out and the
removal of runners and risers ;
(f)
“pouring aisle” means an aisle leading from a main gangway or
directly from a cupola or furnace to where metal is poured into
moulds.
3.
Prohibition of use of certain materials as parting
materials.—
I. A material shall not be used as a parting material if it is a material
containing compounds of silicon calculated as silica to the extent
more than 5 per cent by weight of the dry material :
Provided that this prohibition shall not prevent the following being
used as a parting material if the material does not contain an
admixture of any other silica :—
(a) Zirconium silicate (Zircon) ;
(b) Calcined china clay ;
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(c) Calcined aluminous fire clay ;
(d) Sillimanite ;
(e) Calcined or fused alumina ;
(f) Olivine ;
(g) Natural sand.
II.
Dust or other matter deposited from a fettling or blasting process
shall not be used as a parting material or as a constituent in a
parting material.
4.
Arrangement and storage.—For the purposes of promoting
safety and cleanliness in workrooms the following requirements shall be
observed :—
(a) moulding boxes, loam plates, ladles, patterns, pattern plates,
frames, boards, box weights, and other heavy articles shall
be so arranged and placed as to enable work to be carried
on without unnecessary risk ;
(b) Suitable and conveniently accessible racks, bins, or other
receptacles shall be provided and used for the storage of
other gear and tools ;
(c) Where there is bulk storage of sand, fuel, metal scrap or
other materials orresidues, suitable bins, bunkers or other
receptacles shall be provided for the purpose of such storage.
5.
Construction of floors.—
I.
Floors of indoor workplaces in which the processes are
carried on, other than parts which are of sand, shall have
been surface of hard material.
II.
No part of the floor of any such indoor workplace shall be of
sand except where this is necessary by reason of the work
done.
III.
All parts of the surface of the floor of any such indoor
workplace which are of sand shall, so far as practicable, be
maintained in an even and firm condition.
6.
Cleanliness of indoor workplaces.—
I.
All accessible parts of the walls of every indoor workplace
in which the processes are carried on and of everything
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affixed to those wall shall be effectively cleaned by a suitable
method to a height of not less than 4.2 metres from the floor
at least once in every period of fourteen months. A record
of the carrying out of every such effective cleaning in
pursuance of this paragraph including the date (which shall
be not less than five months nor more than nine months after
the last immediately preceding washing, cleaning or other
treatment.
II.
Effective cleaning by a suitable method shall be carried out
at least once every working day of all accessible parts of
the floor of every indoor workplace in which the processes
are carried on, other than parts which are of sand; and the
parts which are of sand shall keep in good order.
7.
Manual operations involving molten metal.—
I.
There shall be provided and properly maintained for all persons
employed on manual operations involving molten metal with which
they are liable to be splashed, a working space for that
operation—
(a) Which is adequate for the safe performance of the work ;
and
(b) Which, so far as reasonably practicable, is kept free from
obstruction ?
II. Any operation involving the carrying by hand of a container
holding molten metal shall be performed on a floor all parts of
which where any person walks while engaged in the operation
shall be on the same level :
Provided that, where necessary to enable the operation to be
performed without undue risk, nothing in this paragraph shall
prevent the occasional or exceptional use of a working space on
a different level from the floor, being a space provided with a
safe means of access from the floor for any person while engaged
in the operation.
8.
Gangways and pouring aisles.—
I.
In every workroom to which this paragraph applies
constructed, reconstructed or converted for use as such after
the making of this Schedule and, so far as reasonably
practicable, in every other workroom to which this Paragraph
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applies, sufficient and clearly defined main gangway shall
be provided and properly maintained which—
(a) shall have an even surface of hard material and shall,
in particular, not be of sand or have on them more sand
than is necessary to avoid risk of flying metal from
accidental spillage ;
(b) shall be kept, so far as reasonably practicable, free from
obstruction ;
(c) if not used for carrying molten metal, shall be at least
920 millimetres in width ;
(d) if used for carrying molten metal shall be—
i.
Where truck ladles are used exclusively, at least 600
millimetres wider than the overall width of the ladle ;
ii.
Where hand shanks are carried by not more than
two men, at least 920 millimetres in width ;
iii.
Where hand shanks are carried by more than two
men, at least 1.2 meters in width ; and
iv.
Where used for simultaneous travel in both directions
by men carrying hand shanks, at least 1.8 metres in
width.
II.
In workroom to which this Paragraph applies constructed,
reconstructed or converted for use as such after the making
of this Schedule, sufficient and clearly defined pouring aisles
shall be provided and properly maintained which—
(a) shall have an even surface of hard material and shall,
in particular, not be sand or have on them more sand
than is necessary to avoid risk of flying metal from
accidental spillage ;
(b) Shall be kept so far as reasonably practicable free from
obstruction ;
(c) if molten metal is carried in hand ladles or bulk ladles
by not more than two men per ladle, shall be at least
460 millimetres wide, but where any moulds alongside
the aisle are more than 510 millimetres above the floor
of the aisle, the aisle shall be not less than 600
millimetres wide ;
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(d) if molten metal is carried in hand ladles or bull ladles by
more than two men per ladle, shall be at least 760
millimetres wide ;
(e) if molten metal is carried in crane, trolley or truck ladles,
shall be of a width adequate for the safe performance
of the work.
III.
Requirements of sub-paragraph (I) and (II) shall not apply
to any workroom or part of a workroom if, by reason of the
nature of the work done therein, the floor of that workroom
or, as the case may be, that part of a workroom has to be of
sand.
IV.
In this paragraph “workroom to which this paragraph
applies” means a part of a ferrous or non-ferrous foundry in
which molten metal is transported or used, and a workroom
to which this paragraph applies shall be deemed for the
purposes of this paragraph to have been constructed,
reconstructed or converted for use as such after the making
of this schedule if the construction, reconstruction or
conversion thereof was begun after the making of this
schedule.
9.
Work near cupolas and furnaces.—No person shall carry out
any work within a distance of 4 metres from a vertical line passing through
the delivery end of any spout of a cupola or furnace, being a spout used for
delivering molten metal, or within a distance of 2.4 metres from a vertical
line passing through the nearest part of any ladle which is in position at the
end of such a spout, except, in either case, where it is necessary for the
proper use of maintenance of a cupola or furnace that work should be
carried out within that distance of that work is being carried out at such a
time and under such conditions that there is no danger to the person carrying
it out from molten metal which is being obtained from the cupola or furnace
or is in a ladle in position at the end of the spout.
10. Dust and fumes.—
I.
Open coal, coke or wood fires shall not be used for heating
or drying ladles inside a workroom unless adequate measures
are taken to prevent, so far as practicable, fumes or other
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impurities from entering into or remaining in the atmosphere
of the workroom.
II.
No open coal, coke or wood fires shall be used for drying
moulds except in circumstances in which the use of such
fires is unavoidable.
III.
Mould stoves, core stoves and annealing furnaces shall be
so designed constructed, maintained and worked as to
prevent, so far as practicable, offensive or injurious fumes
from entering into any workroom during any period when a
person is employed therein.
IV.
All knock-out operations shall be carried out—
(a) in a separate part of foundry suitably partitioned off,
being a room or part in which, so far as reasonably
practicable, effective and suitable local exhaust
ventilation and a high standard of general ventilation
are provided ; or
(b) in an area of the foundry in which, so far as reasonably
practicable, effective and suitable local exhaust
ventilation is provided, or where compliance with this
requirement is not reasonably practicable, a high
standard of general ventilation is provided.
V.
All dressing or fettling operations shall be carried out—
(a) In a separate room or in a separate part of foundry
suitably partitioned off ; or
(b) In an area of the foundry set apart for the purpose ;
and shall, so far as reasonably practicable, be carried
out with effective and suitable local exhaust ventilation
or other equally effective means of suppressing dust,
operating as near as possible to the point of origin of
the dust.
11. Maintenance and examination of exhaust plant.—
I.
All ventilation plant used for the purpose of extracting,
suppressing or controlling dust or fumes shall be properly
maintained.
II.
All ventilating plant used for the purpose of extracting,
suppressing or controlling dust or fumes shall be examined
and inspected once every week by a responsible person. It
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shall be thoroughly examined and tested by a competent
person at least once in every such examination and test shall
be entered in an approved register which shall be available
for inspection by an Inspector. Any defect found on any such
examination and carrying out the examination and test to the
occupier or manager of the factory.
12. Protective equipment.—
I.
The occupier shall provide and maintain protective equipment
specified for the protection of workers—
(a) suitable gloves to other protection for the hands for
workers engaged in handling any hot material likely to
cause damage to the hands by burn, scald, or scar, or in
handling pig iron, rough castings or other articles likely
to cause damage to the hands by cut or abrasion ;
(b) approved respirators for workers carrying out any
operations creating a have dust concentration which
cannot be dispelled quickly and effectively by the
existing ventilation arrangements.
II.
No respirator provided for the purposes mentioned in I (b)
has been worn by a person shall be worn by another person
if it has not since been thoroughly cleaned and disinfected.
III.
Persons who for any of their time—
(a) Work at a spout of or attend to, a cupola or furnace in
such circumstances that material therefrom may come
into contact with the body, being material at such a
temperature that its contact with the body would cause
a burn ; or
b) Are engaged in, or in assisting with, the pouring of
molten metal ; or
(c) Carry by hand or move by manual power any ladle or
mould containing molten metal ; or
(d) Are engaged in knocking-out operations involving
material at such a temperature that its contact with the
body would cause a burn ;
(e) Shall be provided with suitable footwear and gaiters
which worn by them prevent, so far as reasonably
practicable, risk of burns to his feet and ankles.
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241
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IV.
Where appropriate, suitable screens shall be provided for
protection against flying materials (including splashes of
molten metal and sparks and chips thrown off in the course
of any process).
V.
The occupier shall provide and maintain suitable
accommodation for the storage and make adequate
arrangements for cleaning and maintaining of the protective
equipment supplied in pursuance of this paragraph.
VI.
Every person shall make full and proper use of the equipment
provided for his protection in pursuance of sub-
paragraph (I) and (IV) and shall without delay report to the
occupier, manager, or other appropriate person any defect
in, or less of, the same.
13. Washing and bathing facilities.—
I.
There shall be provided and maintained in clean state and
good repair for the use of all workers employed in the
foundry—
(a) A wash place under cover with either—
i.
a trough with impervious surface fitted with a waste
pipe without plug, and of sufficient length to allow at
least 60 centimetres for every 10 such persons
employed at any one time and having a constant supply
of clean water from taps or jets above the trough at
intervals of not more than 60 centimetres ; or
ii.
at least one tap or stand pipe for every 10 such persons
employed at any one time, and having a constant
supply of clean water, the tap or stand pipe being
spaced not less than 1.2 metres apart ; and
(b) Not less than one half of the total number of washing
places provided at (a) shall be in form of bath rooms ;
(c) A sufficient supply of clean towels made of suitable
material changed daily, with sufficient supply of nail,
brushes and soap.
II.
The facilities provided for the purposes of sub-paragraph (I)
shall be placed in charge of a responsible person or persons
and maintained in a clean and orderly condition.
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14.
Disposal of dross and skimming.—Dross and skimming
removed from molten metal or taken from a furnace shall be placed forthwith
in suitable receptacles.
15.
Disposal of waste.—Appropriate measures shall be taken for
the disposal of all waste products from shell moulding (including waste
burnt sand) as soon as reasonably practicable after the castings have been
knocked-out.
16.
Material and equipment left out of doors.—All material and
equipment left out of doors (including material, and equipment so left only
temporarily or occasionally) shall be so arranged and placed as to avoid
unnecessary risk. There shall be safe means of access to all such material
and equipment and, so far as reasonably practicable, such access shall be
by roadways or pathways which shall be properly maintained. Such
roadways or pathways shall have a firm and even surface and shall, so far
as reasonably practicable be kept free from obstruction.
17. Medical facilities and records of examinations and tests.—
I. The occupier of every factory to which this Schedule applies,
shall—
(a) employ a qualified medical practitioner for medical
surveillance of the workers employed therein whose
employment shall be subject to the approval of the Chief
Inspector-cum-Facilitator ; and
(b) Provide to the medical practitioner all the necessary
facilities for the purpose referred to at (a).
II. The record of such examinations carried out by the medical
practitioner shall be maintained in a separate, register approved
by the Chief Inspector-cum-Facilitator, which shall be kept
readily available for inspection by the Inspector-cum-Facilitator.
18. Medical examination by Certifying Surgeon.—
I.
every worker employed in the processes specified in
paragraph 1 shall be examined by a Certifying Surgeon
within 15 days of his first employment. Such
examinations shall include skin test for dermatitis and
no worker shall be allowed to work after 15 days of his
first employment in the factory unless certified fit for
such employment by the Certifying Surgeon.
II.
Every worker employed in a manganese process shall
be re-examined by a Certifying Surgeon at least once in
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every 12 months and such examination shall, wherever
the Certifying Surgeon considers appropriate, include all
the tests in sub-paragraph (I).
III.
The Certifying Surgeon after examining a worker, shall
issue a Certificate of Fitness in Form XXIII. The record
of examination and re-examinations carried out shall be
entered in the Certificate and the Certificate shall be
kept in the custody of the manager of the factory. The
record of each examination carried out under sub-
paragraph (I) and (II) including the nature and the results
of these test, shall also be entered by the Certifying
Surgeon in a health register in Form XXIV.
IV.
The Certificate of Fitness and the health register shall
be kept readily available for inspection by the Inspector.
V.
If at any time the Certifying Surgeon is of the opinion
that a worker is no longer fit for employment in the said
processes on the ground that continuance therein would
involve special danger to the health of the worker, he
shall make a record of his findings in the said certificate
and the health register. The entry of his findings in those
documents should also include the period for which he
considers that the said person is unfit to work in the said
process shall be provided with alternate placement
facilities unless he is fully incapacitated in the opinion of
the Certifying Surgeon, in which case the person affected
shall be suitably rehabilitated.
VI.
No person who has been found unfit to work as said in
sub-paragraph (V) shall be re-employed or permitted to
work in the said processes unless the Certifying Surgeon,
after further examination, again certifies him fit for
employment in those processes.
19.
Exemptions.—If in respect of any factory, the Chief Inspector
is satisfied that owing to the exceptional circumstances or infrequency of
the processes or for any other reason, all or any of the provisions of this
Part is not necessary for the protection of the workers in the factory, the
Chief Inspector may be a certificate in writing which he may in his discretion
revoke at any time, exempt such factory from all or any of such provisions
subject to such conditions, if any, as he may specify therein.
––––––––
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SCHEDULE-C
( See sub-rule 2 of rule 60)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Material Safety Data Sheet
SAMPLE MODEL
––––––––––––––––––––––––––––––––––––––––––––––––––––––
SECTION I –
MATERIAL IDENTIFICATION
AND USE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Material
Name/Identifier
Manufacturer’s Name
Supplier’s Name
Street Address
Street Address
City
State
State
City
Postal Code
Emergency Telephone No.
Postal Code
Emergency Telephone No.
Chemical Name |Chemical
Identity Trade Name and
Synonyms
Product Use
––––––––––––––––––––––––––––––––––––––––––––––––––––––
SECTION II–HAZARDOUS INGREDIENTS OF MATERIAL
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Hazardous
Approximate
C.A.S. or
LD 50
LC 50
Ingredients
Concentration %
UNNumbers
(Specify
(Specify
(Species and
Species and
Route)
Route)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––
SECTION III – PHYSICAL DATA FOR MATERIAL
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Physical State— Odour and
Odour Threshold Specific Gravity
Gas—Liquid
Apperance
(p.p.m.)
—Solid
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Vapour Pressure Vapour density
Evaporation Boiling
Freezing
(Air=1)
Rate
point(oC)
(oC)
Solubility in water pH
Density
Coefficient of water /
(200C)
(g/ml)
oil distribution
––––––––––––––––––––––––––––––––––––––––––––––––––––––
SECTION IV–FIRE AND EXPLOSION HAZARD OF
MATERIAL
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Flammability
_
_
_
_
_
_
_
_
_
_
_
Y
e
s __________No. If yes, under what conditions
______________________________________________________
Means of Extinction_______________________________________
Special Procedure________________________________________
Flash Point (oC)
Upper Explosion
Lower Explosion
and Method
Limit (% by Volume)
Limit (% by Volume)
Anti-ignition
TDG Flammability
Hazardous Combustion
Temperature (oC)
Classification
Products
Explosion Data-Sensitivity
Chemical Impact
Sensitivity to Static
Discharge
SECTION V
REACTIVITY DATA
______________________________________________________
Chemical Stability
____________Yes___________No. If no, under what conditions
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Incompatibility to other substances
____________Yes___________No.
If yes, which ones
______________________________________________________
Reactivity and under what conditions
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Hazardous Decomposition Products
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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Material Name/Identifier
–––––––––––––––––––––––––––––––––––––––––––––––––––––
SECTION-VI
TOXICOLOGICAL PROPERTIES OF MATERIAL
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Route of Entry
————Skin contact————Skin Absorption__________Eye Contact
————Inhalation Acute————Inhalation Chronic_______Ingestion
––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Effects of Acute Exposure to Material
Effects of Chronic Exposure to Material
Exposure Irritancy of
Limit(s)
Material
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sensitization to
Carcinogenicity, Reproductive
Material
Effects, Teratogenicity,
Mutagenicity
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Synergistic Materials
SECTION-VII
PREVENTIVE MEASURES
______________________________________________________
Personal Protective Equipment
______________________________________________________
Gloves (specify)
Respiratory (specify)
Eyes (specify)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Footwear (specify)
Clothing (specify)
Other (specify)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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Engineering Controls (e. g. ventilation, enclosed process, etc.)
Please specify
Leak and Spill Procedures
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Waste Disposal
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Handling Procedures and Equipment
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Storage Requirements
––––––––––––––––––––––––––––––––––––––––––––––––––––
Special Shipping Information
––––––––––––––––––––––––––––––––––––––––––––––––––––––
SECTION-VIII
FIRST AID MEASURE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
First Aid Measure
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sources used
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Additional information
––––––––––––––––––––––––––––––––––––––––––––––––––––––
SECTION-IX
PREPARATION DATE OF M. S. D. S.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Prepared by (Group, Department, etc.)(Phone No.)Date
––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Notes :—
1.
CAS or UN Number – Chemical Abstract Service or United
Nations (UN) Number.
2.
LD 50 – Lethal Dose – 50% (LD50 – Specify species
and route).
3.
LC 50 – Lethal Concentration – 50% (LC50 – Specify species
and route).
4.
TDG Flammability – Transport of Dangerous Goods
Flammability Classification by United Nations.
––––––––
248 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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SCHEDULE-D
(See rule 64)
Equipments for Occupational Health Centre in Factories
1. A glazed sink with hot and cold water always
2. A table with a smooth top at least 180 cm x 105 cm.
3. Means for sterilizing instruments
4. A cough
5. Two buckets or containers with close fitting lids
6. A kettle and spirit stove or other suitable means of boiling water
7. One bottle of spiritus ammoniac aromaticus (120ml.)
8. Two medium sizes ponges
9. Two ‘kidney’ trays
10. Four cakes of toilet, preferably antiseptic soap
11. Two glass tumblers and two wine glasses
12. Two clinical thermometers
13. Two tea spoons
14. Two graduated (120 ml) measuring glasses
15. One wash bottle (1000 cc) for washing eyes
16. One bottle (one litre) carbolic lotion 1 to 20.
17. Three chairs
18. One screen
19. One electric hand torch
20. An adequate supply of tetanustoxoid
21. Coramine liquid (60 ml)
22. Tablets – antihistaminic, antispasmodic (25 each)
23. Syringes with needles – 2cc, 5 cc and 10cc
24. Two needle holders, big and small suturing needless and materials
25. Suturing needles and materials
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26. One dissecting forceps
27. One dressing forceps
28. One scalpels
29. One stethoscope
30. Rubber bandage – pressure bandage
31. Oxygen cylinder with necessary attachments
32. One Blood Pressure apparatus
33. One Patellar Hammer
34. One Peak-flow meter for lung function measurement
35. One stomach wash set
36. Any other equipment recommended by the Factory Medical
Officer according to specific need relating to manufacturing
process
37. In addition.—(1) For factories employing 51 to 200 workers–
1.
Four plain wooden splints 900 mm x 100 mm x 6mm
2.
Four plain wooden splints 350 mm x 75 mm x 6 mm
3.
Two plain wooden splints 250 mm x 50 mm x 12 mm
4.
One pair arteryforceps
5.
Injections – morphia, pethidine, atronine, adrenaline, coramine,
novacan (2 each)
6.
One surgical scissors
(2) For factories employing above 200 workers–
1.
Eight plain wooden splints 900 mm x 100 mm x 6 mm
2.
Eight plain wooden splints 350 mm x 75 mm x 6 mm
3.
Four plain wooden splints 250 mm x 50 mm x 12 mm
4.
Two pairs artery forceps
5.
Injections – morphia, pethidine, atronine, adrenaline, coramine,
novacan (2 each)
6.
One surgical scissors
250 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
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AMBULANCE VAN
(80) In any factory carrying on ‘hazardous process’, there shall be
provided and maintained in good condition, a suitably constructed ambulance
van equipped with items as per sub-rule (2) and manned by a full time
Driver-cum-Mechanic and a Helper trained in first aid, for the purposes of
transportation of serious cases of accidents or sickness. The ambulance
van shall not be used for any purpose other than the purpose stipulated
herein and will normally be stationed at or near to the Occupational Health
Centre :
Provided that a factory employing less than 200 workers, may make
arrangements for procuring such facility at short notice from a nearby hospital
or other places, to meet any emergency.
(81) The Ambulance should have the following equipment :—
a. General :
i. A wheeled stretcher with folding and adjusting devices; with
the head of the stretcher capable of being tilted upward ;
ii. Fixed suction unit with equipment ;
iii. Fixed oxygen supply with equipment ;
iv. Pillow with case; -Sheets; - Blankets; -Towels ;
v. Emesis bag; - Bed pan; - Urinal; -Glass.
b. Safety equipment :
i. Flares with life of 30 minutes; - Flood lights ;
ii. Flash lights; -Fire extinguisher dry power type ;
iii. Insulated gauntlets
c. Emergency Care Equipment :
(ii) Resuscitation :
-
Portable suction unit; Portable oxygen units ;
-
Bag-valve-mask, hand operated artificial ventilation unit ;
-
Airways; -Mouth gags; - Tracheestomy adapters ;
-
Short spine board; I. V. Fluids with administration unit ;
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-
B. P. Manometer; - Cunn;-Stethoscope.
(iii)
Immobilization :
-
Long and short padded boards; - Wire ladders plints ;
-
Triangular bandage; - Long and short spine boards.
(iv) Dressings :
-
Gauze pads – 4" x 4" ; - Universal dressing 10" x 36",
-
Roll of aluminum foils ; - Soft roller bandages 6" x 5 yards ;
-Adhesive tape in 3" roll; -Safety pins ;
-
Bandage sheets; - Burn sheet.
(v) Poisoning :
-
Syrup of Ipecae; - Activated Charcoal Pre-packeted in
dozes; - Snake bite kit ;
-
Drinking water.
(vi)
Emergency Medicines :
-
As per requirement (under the advice of Medical
Officer only).
DECONTAMINATION FACILITIES
In every factory, carrying out ‘hazardous process’, the following
provisions shall be made to meet emergency :—
iv. fully equipped first aid box ;
v. readily accessible means of water for washing by workers as
well as for drenching the clothing of workers who have been
contaminated with hazardous and corrosive substance;
and such means shall be as per the scale shown in the Table
below :—
TABLE
No. of persons employed
No. of drenching showers
at any time
––––––––––––––––––––––––––––––––––––––––––––––––––––––
(i)
Up to 50 workers
2
(ii)
Between 51 to 200 workers
2 + 1 for every additional 50 or part thereof.
(iii)
Between 201 to 500 workers
5 + 1 for every additional 100 or part thereof.
(iv) 501 workers and above
8 + 1 for every additional 200 or part thereof.
252 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
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vi. a sufficient number of eye wash bottles filled with distilled
water or suitable liquid, kept in boxes or cup boards conveniently
situated and clearly indicated by a distinctive sign which shall
be visible at all times.
–––––––
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SCHEDULE-E
(See rule 66)
1.
Definitions.—For the purpose of this schedule—
(a) “mg/m3” means milligrams of a substances per cubic metre of
air ;
(b) “mppem” means million particles of a substance per cubic metre
of air ;
(c) “ppm” means parts of vapour or gas per million parts of air by
volume at 25 degrees centigrade and 760 mm of mercury
pressure ;
(d) “Time weighted average concentration” means the average
concentration of a substance in the air at any work location in
a factory computed from evaluation of adequate number of air
samples taken at that location, spread over the entire shift on
any day, after giving weightage to the duration for which each
such sample is collected and the concentration prevailing at
the time of taking the sample.
Time weighted
C1T1 +C2T2+CnTn
average concentration = ...........................................
T1+T2 +.............Tn
Where C1 represents the concentration of the substance for
duration T1 (in hours) ;
C2 represents the concentration of the substance for duration
T2 (in hours) ; and
Cn represents the concentration of the substance for duration
Tn (in hours).
(e) “Work location” means a location in a factory at which a worker
works or may be required to work at any time during any shift
on any day.
2.
Limits of concentration of substances at work location.—
(1) The time weighted average concentration of any substance listed in
table 1 or 2 of the schedule, at any work location in a factory during any
shift on any day shall not exceed the limit of the permissible time weighted
average concentration specified in respect of that substance :
Provided that in the case of a substance mentioned in Table 1 in respect
of which a limit in terms of short term maximum concentration is indicated,
254 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
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the concentration of such a substance may exceed the permissible limit of
the time weighted average concentration for the substance for short periods
not exceeding 15 minutes at a time, subject to the condition that—
(a) such periods during which the concentration exceeds the
prescribed time weighted average concentration are restricted
to not more than 4 per shift ;
(b) the time interval between any two such periods of higher
exposure shall not be less than 60 minutes ; and
(c) at no time the concentration of the substance in the air shall
exceed the limit of short term maximum concentration.
(2)
In the case of any substance given in Table 3, the concentration
of the substance at any work location in a factory at any time during any
day shall not exceed the limit of exposure for that substance specified in
the table.
(3)
In the cases where the word “skin” has been indicated against
certain substance mentioned in Tables 1 and 3, appropriate measures shall
be taken to prevent absorption through cutaneous routes particularly skin,
mucous membranes, and eyes as the limits specified in these Tables are for
conditions where the exposure is only through respiratory tract.
(4) (a) In case, the air at any work location contains a mixture of
such substances mentioned in Table 1, 2 or 3, which have
similar toxic properties, the time weighted concentration of
each of these substances during the shift should be such that
when these time weighted concentration divided by the
respective permissible time weighted average concentration
specified in the above mentioned Tables, and the fractions
obtained are added together, the total shall not exceed unity.
i . e . C1+ C2+ Cn should not exceed unity L1 L2
Ln
Where C1 , C2 .......... Cn are the time weighted concentration
of toxic substances 1, 2...................and n respectively,
determined after measurement at work location ;
and L1, L2 .........Ln are the permissible time weighted average
concentration of the toxic substances 1, 2.......and n
respectively ;
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(b) In case the air at any work location contains a mixture of
substances, mentioned in Table 1, 2, 3 and these do not have
similar toxic properties, then the time weighted concentration
of each of these substances shall not exceed the permissible
time weighted average concentration specified in the above
mentioned Tables, for that particular substance ;
(c) The requirement in clauses (a) and (b) shall be in addition to
the requirements in paragraphs 2 (1) and 2 (2).
3.
Sampling and evaluation procedures.—(1) Notwithstanding
provisions in any other paragraphs, the sampling and evaluation procedures
to be adopted for checking compliance with the provisions in the schedule
shall be as per standard procedures in vogue from time to time.
(2) Notwithstanding the provisions in paragraph 5, the following
conditions regarding the sampling and evaluation procedures relevant to
checking compliance with the provisions in the schedule are specified :—
(a) For determination of the number of particles per cubic metre
in item 1 (a)(i)(1) in Table 2, samples are to be collected by
standard or midget impinger and the counts made by light field
technique ;
(b) The percentage of quartz in the 3 formulae given in item 1(a)(i)
of Table 2 is to be determined from air borne samples ;
(c) For determination of number of fibres as specified in
item 2(a) of Table 2, the membrane filter method at 430 x
magnification (4mm objective) with phase contrast illumination
should be used ;
(d) Both for determination of concentration and percentage of
quartz for use of the formula given in item 1(a)(i)(2) of
Table 2, the fraction passing through a size select or with the
following characteristics should only be considered :—
Aerodynamic diameter
Percentage allowed
––––––––––––––––––––––––––––––––––––––––———
(unit density sphere)
by size selector
––––––––––––––––––––––––––––––––––––––––––––––
2.0
90
2.5
75
3.5
50
5.0
25
10.0
0
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[No. 45-a
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4.
Power to require assessment of concentration of
substances.—(1) An Inspector may, by an order in writing, direct the
occupier or manager of a factory to get before any specified date, the
assessment of the time weighted average concentration at any work location
of any of the substances mentioned in Table 1, 2 or 3 carried out.
(2) The results of such assessment as well as the method followed
for air sampling and analysis for such assessment shall be sent to the Inspector
within 3 days from the date of completion of such assessment and also a
record of the same kept readily available for inspection by an Inspector.
5.
Exemption.—If in respect of any factory or a part of a factory,
the Chief Inspector is satisfied that, by virtue of the pattern of working time
of the workers at different work locations or an account of other
circumstances, no worker is exposed, in the air at the work locations, to a
substance or substances specified in Tables 1, 2 or 3 to such an extent as is
likely to be injurious to his health, he (the Chief Inspector) may by an order
in writing, exempt the factory or a part of the factory from the requirements
in paragraph 2, subject to such conditions, if any, as he may specify therein.
TABLE 1
Substances
Permissible limits of exposure
Time weighted
Short-term maximum
average concentration
concentration
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
ppm
mg/m3
ppm
mg/m3
Acetic acid
10
25
15
37
Acrelein
0.1
0.25
0.3
0.8
Aldrin-skin
-
0.25
-
0.75
Ammonia
25
18
35
27
Aniline-skin
2
10
5
20
Anisidine
0.1
0.5
-
-
(o-poisoners)-skin
Arsenic and
-
0.2
-
-
compounds (as)
Benzene
10
30
-
-
Bromine
0.1
0.7
0.3
2
2 Butanene Methylethyl
200
590
300
885
Ketone – MEK
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Substances
Permissible limits of exposure
Time-weighted
Short-term maximum
average concentration
concentration
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
ppm
mg/m3
ppm
mg/m3n
Butyl acetate
150
710
200
950
sec/tert.Butyl acetate
200
950
250
1190
Cadmium-dust and
-
0.05
-
0.2
salts (as Cd)
Calcium Oxide
-
2
-
-
Carbaryl (Sovin)
-
5
-
10
Carbofuran (Furadan)
-
0.1
-
-
Carbon disulphide-skin
2
60
30
90
Carbon monoxide
50
55
400
440
Carbon tetrachloride-skin
10
65
20
130
Carbonyl chloride
0.1
0.4
-
-
(Phosgene)
Chlordane-skin
-
0.5
-
2
Chlorobenzene
75
350
-
-
(mono chloro- benzene)
Chlorine
1
3
3
9
bis-Chloromethylether
0.001
-
-
-
Chromic acid and
-
0.05
-
-
chromates (as Cr.)
Chromium, Sel-Chromic,
Chromous salts (as Cr)
-
0.5
-
-
Copper fume
-
0.2
-
-
Cotton dust, raw
-
0.2
-
0.6
Cresol, all isomers-skin
5
22
-
-
Cyanides, (as CN)-skin
-
5
-
-
Cyanogen
10
20
-
-
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[No. 45-a
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Substances
Permissible limits of exposure
Time-weighted
Short-term maximum
average concentration
concentration
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
ppm
mg/m3
ppm
mg/m3
DDT (Dichlorodiphenyl-
-
1
-
3
trichlore-ethane)
Demeton-skin
0.01
0.1
0.03
0.3
Diazion-skin
-
0.1
-
0.3
Dibutyl phthalate
-
5
-
10
Dichlorves (DDVP)-skin
0.1
1
0.3
3
Dieldrin-skin
-
0.25
-
0.75
Dinitrobenzene
0.15
1
0.5
3
(all isomers) skin
Dinitrotoluene-skin
-
1.5
-
5
Diphenyl
0.2
1.5
0.6
4
Endosulfan (Thiodan)-skin
-
0.1
-
0.3
Endrin-skin
-
0.1
-
0.3
Ethyl acetate
400
1000
-
-
Ethyl alcohol
1000
1900
-
-
Ethyl amine
10
18
-
-
Flourides (as F)
-
2.5
-
-
Flourine
1
2
2
4
Hydrogen Cyanide-skin
10
11
15
16
Hydrogen sulfide
10
15
15
27
Iron oxide fume
-
5
-
10
(Fe2O3 as Fe)
Isoamyl acetate
100
525
125
655
Isoamyl alcohol
100
360
125
450
Isobutylalcohol
50
150
75
225
Lead, inorg, fumes
-
0.15
-
0.45
and dusts (as Pb)
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259
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
Substances
Permissible limits of exposure
Time-weighted
Short-term maximum
average concentration
concentration
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
ppm
mg/m3
ppm
m
g m3
Lindane-skin
-
0.5
-
1.5
Mala thion-skin
-
10
-
-
Manganese fume (as Mn)
-
1
-
3
Mercury (as Hg)
-
0.05
-
0.15
Mercury (alkyl compounds) 0.001
0.01
0.003
0.03
-skin (as Hg)
Methyl alcohol
200
260
250
310
(methanol) skin
Methyl cellosolve-skin
25
80
35
120
(2-methoxy ethanol)
Methyl isobutyl ketone-skin
100
410
125
510
Naphthalene
10
50
15
75
Nickel carbonyl (as Ni)
0.05
0.35
-
-
Nitric acid
2
5
4
10
Nitric oxide
25
30
35
45
Nitrobenzene-skin
1
5
2
10
Oil mist-mineral
-
5
-
10
Parathion-skin
-
0.1
-
0.3
Phenel-skin
5
19
10
38
Phorate (Thimet)-skin
-
0.05
-
0.2
Phosgene (Carbonyl chloride)
0.1
0.4
-
-
Phosphine
0.3
0.4
1
1
Phosphorous (yellow)
-
0.1
-
0.3
Phosphorous pentachloride
-
1
-
3
Phosphorous trichloride
0.5
3
-
-
Picric acid-skin
-
0.1
-
0.3
Pyridine
5
15
10
30
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[No. 45-a
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Substances
Permissible limits of exposure
Time-weighted
Short-term maximum
average concentration
concentration
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
ppm
mg/m3
ppm
mg/m3
Silane (silicon tetrahydride) 0.5
0.7
1
1.5
Styrene, monomer
100
420
125
525
(phenyl-ethylene)
Sulphur dioxide
5
13
-
-
Sulphuric acid
-
1
-
-
Toluene (toluol)-skin
100
375
150
560
0-Toludine
5
22
10
44
Trichloroethylene
100
535
150
800
Vinyl chloride
5
10
-
-
Welding fumes (NOC)
-
5
-
-
Xylene (o-m-isomers)-skin
100
435
150
655
––––––
TABLE 2
Substance
Permissible time weighted averagec oncentration
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Silica
(a) Crystalline
(i) Quartz
1060______mppcm
(1) In terms of dust count :-
% Quartz +10
(2) In terms of respirable dust
10____________mg/m3
% respirable quartz + 2
(3) In terms of total dust :
30........................mg/m3
% quartz + 3
(ii) Cristobalite
Half the limits given against quartz
(iii) Tridymite
Half the limits given against quartz
(iv) Silicafused
Same limit as for quartz
(v) Tripoli
Same limit as in formula in item 2
given against quartz
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261
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
Substance
Permissible time weighted averagec oncentration
––––––––––––––––––––––––––––––––––––––––––––––––––––––
(b) Amorphous
705 mppcm
2. Silicate having less than 1% free silica by weight
(a) Asbestos (fibres longer than
2 fibres/cubic centimetre
5 microns)
(b) Mica
705 mppcm
(c) Mineral Wool fibre
10 mg/m3
(d) Porlite
1060 mppcm
(e) Port land cement
1060 mppcm
(f) Soapstone
705 mppcm
(g) Talc (nonobostiform)
705 mppcm
(h) Talc (fibrous)
Same limit as for asbestos
(i) Tromolite
Same limit as for asbestos
3. Coaldust
(1) For airborne dust having less than 5 % silicon dioxide by weight
: 2mg/m3
(2) For airborne dust having over
: Same limit as prescribed by
5% silicon dioxide
formula in item (2) against quartz.
–––––––
TABLE 3
Substance
Permissible limit of exposure
––––––––––––––––––––––––––––––––––––––––––––––––––––––
ppm
mg/m3
Acetic anhydride
5
20
O-Dichlorobenzene
50
300
Formaldehyde
2
3
Hydrogen Chloride
5
7
Manganese & compounds (as Mn)
-
5
Nitrogen dioxide
5
9
Nitroglycerin-skin
0.2
2
Potassium hydroxide
-
2
Sodium hydroxide
-
2
2, 4, 6 - Trinitrotoluene (TNT)
-
0.5
–––––––
262 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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SCHEDULE-F
(See rule 68)
1. Managers
2. Assistant Managers
3. Engineers
4. Foremen
5. Weaving Masters and Spinning Masters in textile mills
6. Head Electricians
7...........................
8...........................
•
Persons defined to hold confidential positions.-All timekeepers
employed in a factory shall be deemed to be employed in a
confidential position in the factory.
•
List to be maintained of persons holding confidential position
or position of supervision of management.—A list showing the
names and designations of all persons to whom the provisions of
sub-section (1) of section 91 have been applied shall be maintained
in every factory.
•
Exemption of certain adult workers.—Adult workers engaged
in factories specified in column 2 of the schedule hereto annexed on
the work specified in column 3 of the said schedule shall be exempted
from the provisions of the sections specified in the column 4 subject
to the conditions, if any, specified in column 5 of the said schedule.
—————
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263
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SCHEDULE-G
(See rule 69 )
Section of the
Class of factory
Nature of
Extent of
Remarks
Code empower-
exempted work
exemption
ing grant of
exemption
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
91(1) (b)
All factories
Urgent repairs
Sections 25, 26 & 31
(i)
No worker shall be employed on such repairs for
more than 15 hours on any one day, 39 hours
during any three consecutive days, or 66 hours
during each period of seven consecutive days
commencing from his first employment on such
repairs ;
(ii)
Wihin 24 hours of the commencement of the
work, notice shall be sent to the Inspector
describing the nature of the urgent repairs and
the period probably required for their completion.
(iii)
Exemption from the provisions of section 25
shall apply only in the case of adult male workers.
91(1) (b)
All factories
(a) Work in the machine shop,
Sections 25, 26 & 31
The limits of work inclusive of overtime shall not
the smithy or the foundry
exceed those mentioned in section 91.
or in connection with the
mill gearing, the electric
driving or lighting apparatus,
the mechanical or electrical
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lifts or the steam or water
pipes or pumps of a factory ;
(b) Work of examining or
do.
do.
repairing any machinery or
other part of the plant which
is necessary for carrying on
work in the factory ;
(c) Work in boiler houses engine
do.
do.
rooms such as lighting fires
in order generate gas
preparatory to the
commencement of regular
work in the factory.
91(1) (b)
All factories
(a) Work performed by drivers
Sections 25, 26 & 31
do.
on lighting, ventilating and
humidifying apparatus ;
(b) Work performed by
fire pumpmen.
91(1) (b)
(1) Oil tank
Work performed by, workers
Sections 25, 26 & 31
In the absence of a worker who has failed to report
for
installations
connected with pumping
duty, a shift worker shall be allowed to
work the
operations.
whole or of a subsequent shift provided that
—
(i)
the next shift of the shift worker shall
not commence before a period of 16 hours has
elapsed ;
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2
3
4
5
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(ii)
within 24 hours of the commencement of the
subsequent shift, notice shall be sent to the
Inspector describing the circumstances under
which the worker is required to work in the
subsequent shift ;
(iii)
the exemption will be restricted to only male
adult workers ; and
(iv)
the limits of work inclusive of overtime shall not
exceed those mentioned in section 91.
(2) Public
Operation and maintenance of
Sections 25 &26 do.
hydroelectric
prime movers and auxiliaries,
supply factories
transformers and switches.
(3) Public electric
Work of engine drivers and
do. do.
supply companies
assistants, generator attendants,
generating
oilers and greasers, switch
electricity from
board operators and pumpmen.
oil in internal
combustion
engines
(4) Electrical
Work of operation and
do. do.
transforming
maintenance of the transforming
factories
plant, switches and snychronous
condensers.
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(5) Distilleries
Work on the extraction of sugar
do. do.
from various bases, fermentation
of sugar juice and distillation of
fermented wash.
(6) Sugar factories Extraction of the juice from the
do. do.
cane, clarification, evaporation
and boiling of the juice; curing
of the massecuite; and bagging.
(7) Chemical
Work on the sulphur burners,
do. do.
factories
chambers, concentrators, and
pumps; roasting furnaces,
manufacture of hydrochloric
and nitric acid, sulphates sulphides,
nitrates, superphosphates and
chlorides ; and work on the
steam service.
(8) Vegetable
Work on refining, hydrogenation
do. do.
factories
bleaching, filtering, generation of
hydrogen ; hydrogenating ;
deodorizing processes ;
compression of oxygen and
cylinder filling; and work on the
electrical power plant.
(9) Ice factories
Work on the engine and
do. do.
compressor drivers and
assistants and oilers.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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(10) Oil mills
All work.
Section 25
do.
(11) Flour mills
All work.
Sections 25 and 26
do.
(12) Glass
(a) Work in attending to furnace ;
Sections 25 & 26
do.
factories
(b) All work and processes from
Section 25
do.
mixing of batch to removal of
the manufacturedglassware
from the lears.
(13) Paper
(a) All work on paper making
Sections 25
do.
factories
machinery and on the
generation and supply of
power connected therewith ;
(b) Work on choppers, digesters,
Sections 25 & 26
do.
kneaders, strainers and
washers, beaters, paper
making machines, pumping
plant reelers, cutters and
power plant.
(14) Rubber tyre All work on curing process.
Section 25
do.
(15) Iron and
All work on steel furnaces.
Sections 25 & 26
do.
steel
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(16) All factories Work on automatic equipment
Sections 25, 26
(1) The limits of work inclusive of overtime shall
engaged in galvanizing,
& 29
not exceed those mentioned in section 91.
anodizing and enamelling.
(2) The exemption shall be granted only in
respect of adult male workers.
64 (2) (i)
Newspaper
Teleprinter service.
Sections 25 & 26
do.
printing
factories
64 (2) (j)
All factories
Loading and unloading of
Sections 25 & 26
do.
railway wagons lorries or
trucks.
64(2)(k)
Any factory
Work of national importance
Sections 25, 26 and 29
(1) The limit of work and inclusive of overtime shall
or class or
as may be notified by the J&K
not exceed those mentioned in section 91.
description of
Government in mentioned
factories as
in the Official Gazette.
(2) The exemption shall be limited to adult male
may be notified
workers.
by the J&K
Government
in the Official
Gazette.
—————
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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2
3
4
5
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FORM-I
[See sub-rule (1) and sub-rule (10) of Rule 6]
Application for Registration for existing establishments/
New Establishment/Amendment to Certificate of Registration
A. Establishment Details :
1. Retrieve details of Establishment through LIN/registration No. :
2. Name of Establishment :
3. Location and Address of the Establishment :
4. Others details of Establishment—
a. Total number of employees engaged directly in the
establishment :
Male :
Female :
b. Total number of the contract employees engaged :
Male :
Female :
c. Total number of Inter-State Migrant workers employed :
Male :
Female :
5 (a) For factories :
Details of the
Full postal address
Name and
Maximum
manufacturing
and situation of
address of the
number of
process
the factory along
occupier and
workers to be
with plan approval
manager
employed on
details
any day
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
5 (b) For building and other construction work :
Type of
Probable
Expected period
Details of
construction
period of commen-
for completion
approval of
work
cement of work
of work
the local
authority
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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5 (c) For Motor Transport Undertaking :
Name of Motor
Type of Transport
Maximum
Maximum number of
Transport
(Freight/passenger
number of
workers engaged
Undertaking
services)
vehicle
Permanent
Contract
attached
Male Female Male Female
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
6. Ownership Type/Sector :
7. Activity as per National Industrial Classification :
8. Details of Selected NIC Code :
9. Identification of the establishment e-sign/digital sign of employer/
representative :
B. Details of Employer :
1. Name and Address of Employer/Occupier/Owner/Agent/Chief
Executive etc. :
2. Designation :
3. Father‘s/husband’s name of the employer :
4. Email Address, Telephone and Mobile No. :
C. Manager/Agent Details :
1. Full name and Address of Manager/Agent or person responsible
for supervision and control of the Establishment :
2. Address of Manager/Agent :
3. Email Address, Telephone and Mobile No. :
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D. Contractor Details :
Name and
Email address,
Name of
Maximum No.
Date of
Address of PAN No. &
Work
of contract
commencement/
Contractor
Mobile No.
labour
probable date
of Contractor
engaged
of completion of
work
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
E. Others Details :
Dated :
Place :
Signature/E-sign/digital sign of employer.
––––––
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FORM I-A
[See sub-rule (9) of rule 56]
APPLICATION FOR REGISTRATION AND GRANT OF
RENEWAL OF LICENCE FOR THE YEAR AND NOTICE OF
OCCUPATION
1. (a) Full name of the factory :
(b) Factory licence number,
if already registered before :
2. (a) Full postal address and situation of the factory :
(b) Full postal address to which communications relating to factory
should be sent :
3.
Nature of manufacturing process or processes—
(a) carried on in the factory in the last twelve months (in the
case of factories already in existence) ; and :
(b) to be carried on in the factory during the next twelve months
(in the case of all the factories) :
4.
Names and values of principal
Name
Value
products manufactured during
1. .............. ....... ………..
the last twelve months (in the
2. .............. ....... ………..
case of factories already in
3. .............. ....... ………..
existence)
5. (a) Maximum number of workers proposed to be employed in any
one day during the year :
(b) Maximum number of workers employed on any one day during
the last twelve months (in the case of factories already in
existence)
:
(c) Number of workers to be ordinarily employed in the factory :
6. (a) Nature and total amount of power (kilowatts)—
(i) installed ; or
:
(ii) proposed to be installed.
:
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
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(b)
Maximum amount of power (kilowatts) proposed to be used :
7.
Full name and residential address of the person who shall be the
manager of the factory for the purposes of the Code :
8.
Full name and residential address of the occupier, that is—
(a) the proprietor of the factory in case of a private firm or
proprietary concern ;
(b) the directors in case of
1. .....................
a public limited liability
2. .....................
company or firm
3. .....................
4. .....................
5. .....................
(c)(i) the managing agent in case where a managing agent is
employed :
(ii) the directors of the
1. .....................
above managing agent :
2. .....................
3. .....................
4. .....................
(d) the shareholders in case of
1. .....................
a private company
2. .....................
where no managing agent
3. .....................
is employed ; or :
4. .....................
(e) the chief administrative
head in case of a Government
or local fund factory :
9. Full name and address of the
owner of the premises or building
(including the precincts thereof)
referred to in section 80. :
10.
In the case of a factory constructed
or extended after the date of
commencement of the rules—
(a) reference number and date
of approval of the plans
for site whether for old or new
building and for construction or
extension of factory by the
State/UT Government/Chief
Inspector ; and
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(b) reference number and date of
approval of the arrangements,
if any, made for the disposal of
trade waste and effluents and the
name of the authority granting
such approval :
Signature of Occupier
:
Date
:
Signature of Manager
:
Date
:
________
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275
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FORM-II
[See sub-rule (4) of rule 6]
Certificate of Registration of Establishment
Registration No. :
Date :
A Certificate of registration containing the following particulars is
hereby granted under sub-section (2) of section 3 of the Occupational Safety,
Health and Working Conditions Code, 2020 (......of 2020) to (Name of the
establishment).
1.
Nature of work carried on in the establishment (Please
tick mark)—
(a)
Factory ;
(b)
Contract Work ;
(c)
Building and other Construction Works ;
(d)
Any other work (not covered above).
2.
Details of the establishment :
a.
Total number of the employees engaged directly in the
establishment :
Male : Female :
b.
Total number of the employees engaged through
contractor ...........................
Male :
Female :
c.
Total number of contractors and their details :
Male :
Female :
d.
Number of inter-state migrant workers engaged :
Male :
Female :
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3 (a) For factories :
Details of the
Full postal address
Name and address Maximum
manufacturing
and situation of
of the occupier
number of
process
the factory along
and manager
workers to be
with plan approval
employed on
details
any day
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 (b) For building and other construction work :
Type of
Probable
Expected period
Details of
construction
period of commen-
for completion
approval of
work
cement of work
of work
the local
authority
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 (c) For Motor Transport Undertaking :
Name of Motor
Type of Transport
Maximum
Maximum number of
Transport
(Freight/passenger
number of
workers engaged
Undertaking
services)
vehicle
Permanent
Contract
attached
Male Female Male Female
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
––––––––––––––––––––––––––––––––––––––––––––––––––––––
4.
Amount of registration fee paid…..
5.
Remarks of registering officers
Signature/E-sign/DSC of Registering Officer
along with designation
Place :
Date :
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Conditions of Registration :
(1) Every certificate of registration issued under rule 6 shall be subject
to the following conditions, namely :—
(a) the certificate of registration shall be non-transferable ;
(b) the number of workers employed in an establishment directly and
contract employees shall not, on any day, exceed the maximum
number specified in the certificate of registration ; and
(c) save as provided in these rules, the fees paid for the grant of
registration certificate shall be non- refundable.
(2) The employer shall intimate the change, if any, in the number of
workers or the conditions of work to the registering officer within 30 days.
(3)
The employer shall, within thirty days of the commencement
and completion of any work, intimate to the Inspector-cum-Facilitator, having
jurisdiction in the area where the proposed establishment or as the case
may be, work is to be executed, intimating the actual date of the
commencement or, as the case may be, completion of establishment such
work in Form IV annexed to these rules electronically.
(4) A copy of the certificate of registration shall be displayed at the
conspicuous places at the premises where the work is being carried on.
––––––––
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FORM-III
[See sub-rule (12) of rule 6
]
Register of Establishment
S.
Nature of
Registration
Name and address,
Name, address
Total number
Total number Remarks
No. work
No. and
location of the
and contact
of workers
of contract
Date
establishment
details of
and total
workers
registered
employer
horse power
(if any)
Male Female
Male Female
_____________________________________________________________________________________________
1
2
3
4
5
6
7
8
________________________________________________________________________________________________
(a) Factories
(b) Building and
other construction
work
(c) Contract work
(d) Inter-state Migrant
Work
(e) Motor Transport
Undertaking
(f) Any other work
––––––– –
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FORM-IV
[See sub-rule (13) of rule 6 and rule 8]
A.
Notice of Commencement/Cessation of Establishment :
1. Registration No. :
2. Name and Address of Establishment :
3. Name and Designation of employer (who has ultimate control over
the affairs of the establishment) :
4. Full address to which communication relating to the establishment
to be sent :
5. Nature of work of the establishment :
6. In case of the notice is for commencement of work the approximate
duration of work :
7. In case of cessation, the date of cessation :
I/we hereby intimate that the work of establishment having
registration No. ........................................................
dated......................is likely to commence/cessation is likely
to be completed with effect from…………………................
(date)/on............................................................. (date)
In case of cessation of work :
I/we hereby certify that the payment of all dues to the workers
employed in the establishment has been made and the premises
are kept free from storage of hazardous chemicals and
substances.
Signature of the Employer
To
The Inspector-cum-Facilitator
________
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FORM-V
(See rule 9)
The medical examination shall be conducted by a qualified
medical practitioner as per following proforma :—
A.
Demographics :
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Question
Answer
Remarks
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Date :
Name of the Worker :
Age :
Permanent Address :
Gender :
Total Number of family Members :
Total monthly family Income :
Is the employee under ESI
(Employees’ State Insurance)
Scheme ? If yes, provide
IP Number.
Yes/No
Is the employee under any other
health scheme apart from ESI-
Scheme ? (If yes, provide the
name of the scheme)
Yes/No
B.
Occupational History :
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Question
Answer
Remarks
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Present Designation :
Work Profile :
Duration of service in the present work profile :
Working hours per shift :
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Night Shift per Week :
Night Shift per Month :
C.
Brief Review of Medical History : Diagnosed previously
or currently under treatment or currently suffering from :
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Question
Answer (Yes/No)
Remarks
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Anaemia
Jaundice
Asthma
COPD
History of any other Lung Disease :
(If Yes, Please Specify)
Vertigo/Dizziness
Diabetes Mellitus
Hypertension
Any Cancer (If Yes, Please
Specify the Cancer)
Chronic Low Back Pain
Chronic Pain in hand or elbow
Hernia
Hydrocele
Varicose Vein
Haemorrhoids
History of amputation/fracture/
dislocation injury during work
(If Yes, please specify)
Dermatitis (If Yes, specify Site)
Hearing Impairment
Visual Impairment
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Question
Answer (Yes/No)
Remarks
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Any major illness requiring
hospitalization in last 1 year
(If Yes, Name of the Disease)
Occupational Injury in Last 1 year :
if yes, specify the location of injury
and frequency
D. Current Symptoms-Diseases Module :
Smoking habit
Chewing Tobacco or
Pan Masala or Gutkha :
Alcohol Addiction
Dermatosis (Irritant Contact
Dermatitis/Eczema/Chloracne/
Allergic Contact Dermatitis) :
Mucosal Irritation of Eyes/Nose/
Throat with response to chemical
agent or biological agent :
Symptoms like Respiratory Difficulty/
Chest Tightness/Dry Cough at
beginning of shift :
Currently suffering from TB :
Jaundice or Hepatitis :
Currently suffering from Low
Back Pain
Currently suffering from Pain
in hand or Elbow :
Currently suffering from
Visual Problems
Currently suffering from
Hearing Problems
Any current injury (amputation/
fracture/dislocation)
Any current musculoskeletal
sprains/strains
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E.
Physical Examination :
Date of Examination :
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Question
Answer (Yes/No)
Remarks
or as appropriate
––––––––––––––––––––––––––––––––––––––––––––––––––––––
General Skin Condition : (If Any
Dermatitis, please mention its
location)
Weight (in Kg) :
Height (in Meter)
T
e m
p
e r a
t u
r e ( 0F) :
BP :
Pulse :
SpO2 :
Respiratory Rate :
Examination of Breast of
female employee
F.
Investigation Report :
Routine Blood Investigation : Attach the photocopy of
the report.
Blood Grouping and Rh Typing and HB Electrophoresis
once in a life time :
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Parameter
Answer
Value
(Normal/Increase/Decrease)
–––––––––––––––––––––––––––––––––––––––––––––––––––––
Hb% :
Total WBC Count
and Differential Count :
Platelet Count :
ESR :
FBS :
·
·
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PPBS :
HBA1C level
BUN :
Creatinine :
Total Protein
Albumin
Globulin
SGOT
SGPT
Bilirubin
Urine RE
Urine ME
Prostate Specific Antigen (PSA)
G.
Standard Chest X-Ray (PA) View : attach the photocopy
of the report
Date :
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Parameter
Answer (Normal/Abnormal)
Value (if any,
importance)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Report
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Report :
H.
Eye Examination : Attach the photocopy of the report
Date :
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Parameter
Value/Result/Interpretation
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Visual inspection of Eye for any
abnormality like corneal opacity/scaring,
cataract etc.
Visual Acuity : Right
Visual Acuity : Left
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Colour Vision
Field of Vision
Binocularity
Lateral Phoria
Vertical Phoria
Stereoscopic Vision and Depth
Perception Testing
Fundus (Retina) examination
I. 12 lead ECG and Echo cardiography :
Final Report :
J.
MEDICAL FITNESS TESTS FOR PERSONS WORKING
AT HEIGHT (as may be applicable) :
1. Detailed Medical History and in Depth General Medical Examination
including tests for Vision, Hearing, Musculoskeletal System, Respiratory
System, Cardiovascular System etc.
As applicable to all employees
2. Special Examination—
(a) Cardiovascular :
Uncontrolled hypertension or ischemic heart disease will be
a contra-indication. In the presence of hypertension and
abnormal ECG findings, the employee should be referred to a
Cardiologist for fitness ;
(b) Tests for Labyrinthine functions and for sense of position
Eye Examination for Bilateral Nystagmus, Romberg sign. The
presence of bilateral nystagmus and a positive Romberg sign
will be an absolute contra-indication ;
(c) Neurological examination Evaluate seizure disorders : CT Scan
of Brain and E. E. G, if indicated ;
(d) Assessment of Diabetic Control Status :
(in case of employees suffering from Diabetes Mellitus) ;
(e) Assessment of Phobia (Acrophobia) and any other Mental
Health Disorder like Anxiety or Depression ;
(f) Evaluation for Vertigo and Dizziness.
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For use of Industrial Safety Section :
Walking freely over a horizontal bar at 1 ft. height : PASS/FAIL
Wearing a safety belt and tying the rope knot : PASS/FAIL.
Walking over a horizontal structure at 9 ft. height wearing a belt :
PASS/FAIL General physique (O. K./NOT O. K) : PASS/FAIL.
K.
Any other information/examination/biological investigation/
test as mutually agreed by the employer and qualified
medical practitioner.
–––––––––
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FORM-VI
[See sub-rule (1), sub-rule (2) and sub-rule (3) of rule 11]
NOTICE OF ACCIDENT OR DANGEROUS OCCURRENCE
E. S. I. C. Employer’s Code Number :
E. S. I. C. Insurance Number of the injured person :
1.
Name of employer
:
2.
Address of works/premises
where the accident or
dangerous Occurrence took place :
3.
Nature of industry and LIN/
registration No. of the
establishment
:
4.
Branch or department and exact
place where the accident or
dangerous occurrence took place
:
5.
Name and address of
the injured person
:
6.
(a) Sex
:
(b) Age (at the last birthday)
:
(c) Occupation of the injured
person
:
7. Local E. S. I. C. Office to
which the injured person
is attached
:
8. Date, shift and hour of accident
or dangerous occurrence
:
9. (a) Hour at which the injured
person started work on the
day of accident or dangerous
occurrence
:
(b) Whether wages in full or part
are payable to him for the day
of the accident or dangerous
occurrence
:
288 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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10. (a) Cause or nature of accident
or dangerous occurrence
:
(b) If caused by machinery—
(i) Give the name of machine
and the part causing
the accident or
dangerous occurrence
:
(ii) State whether it was
moved by mechanical
power at the time of
accident or
dangerous occurrence
:
(c) State exactly what the
injured person was doing
at the time of accident or
dangerous occurrence
:
(d) In your opinion, was the
injured person at the time
of accident or dangerous
occurrence—
(i) acting in contravention
of provisions of any
law applicable to him ; or
(ii) acting in contravention
of any orders given by
or on behalf of his
employer ; or
(iii) acting without
instructions from his
employer.
(e) In case reply to (d) (i), (ii)
or (iii) is in the affirmative,
state whether the act was
done for the purpose of
and in connection
with the employer’s
trade or business
:
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
289
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
11.
In case the accident or
dangerous occurrence took
place while travelling
in the employer’s transport,
state whether—
(a) the injured person was
travelling as a passenger
to or from his place of work ;
(b) the injured person was
travelling with the
express or implied
permission of his employer ;
(c) the transport is being operated
by or on behalf of the
employer or some other
person by whom it is
provided in pursuance
of arrangements made
with the employer ; and
(d) the vehicle is being/not
being operated in the
ordinary course of public
transport service.
12.
In case the accident or
dangerous occurrence
took place while meeting
emergency, state—
(a) its nature ; and
(b) whether the injured person
at the time of accident
or dangerous occurrence
was employed for the
purpose of his employer’s
trade or business in or about
the premises at which the
accident or dangerous
occurrence took place.
:
290 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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13.
Describe briefly how the accident
or dangerous occurrence took
place
:
14.
Names and addresses of witnesses :
(2)
15. (a) Nature and extent of injury
(e. g. fatal, loss of finger,
fracture of leg, scald,
scratch followed by-
sepsis, etc.)
(b) Location of injury (e. g.
right leg, left hand, left
eye, etc.)
16. (a) If the accident or
dangerous occurrence
was not fatal, state
whether the injured
person was disabled for
more than 48 hours
:
(b) date and hour of return
of work
:
17. (a) Physician, dispensary or
hospital from whom or
which the injured person
received or is receiving
treatment
:
(b) Name of dispensary/panel
doctor elected by the
injured person
:
18. (a) Has the injured person died ? :
(b) If so, date of death
:
I certify that to the best of my knowledge and belief the above
particulars are correct in every respect.
Date of dispatch of report :
Place :
Signature, Name and Designation of Owner/Employer/ Manager/
Agent.
–––––––
(1)
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
291
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
FORM-VII
(See Rule 21)
Notice of Period of Work
Name of the Establishment …......……Place.........…...............…District….......……
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Periods
Men
Women
Description of Remarks
of work
Total No. of men
Total No. of women
groups, Nature
Groups,
employed
employed
of work
Relays
A B C D E F G H
1 2 3 1 2 3 1 2 3 1 2 3 1 23 1 2 3 1 2 3 1 2 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
On working days
From ..
To ..
From ..
To ..
From ..
To ..
On partial working days—
From ..
To ..
From ..
To ..
Date on which this notice is first exhibited :
Signature of manager or agent.
Date :
––––––––––
FORM-VIII
[See sub-rule (1) of
292 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––––
Rule 22 ]
REGISTER OF WORKERS EMPLOYED IN AN ESTABLISHMENT, WAGES, OVERTIME,
FINE, DEDUCTION FOR DAMAGE OR LOSS
Register of Wages, Overtime, Fine, Deduction for damage and loss :
Name of the Establishment :
Name of the Employer :
Name of the Owner :
PAN/TAN of the Employer :
Labour Identification Number (LIN/Registration No.) :
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sr. No. in Name of the Designation/ Duration of Payment Wage Period
Total No.Total overtime Rates of wages
Employee employee
Department of Wages (Monthly/
From–To
of days
(hours worked Basic DA Allowances
Register
Fortnightly/Weekly/
worked
or production
Daily/Piece rated)
during
in case of
the
piece
period
workers)
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
8
9
10
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
293
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
Overtime Nature of acts Amount of
Damage or loss
Amount of
Total amount
Date of
Attendance
earning
and omissions fine imposed caused to
deduction from
of wages paid
payment
Date
Signature
for which fine
the employer by
wages
imposed with
neglect or
date
default of the
employee
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
11
12
13
14
15
16
17 18
19
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
_______
294 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––––
FORM-IX
[See sub-rule (1) of Rule 24
]
ANNUAL RETURN
UNIFIED ANNUAL RETURN FORM
FOR THE YEAR ENDING................
Single Integrated Return to be filed Online under the Occupational Safety, Health and Working Conditions
Code, 2020, the Code on Industrial Relations, 2020, the Code on Social Security, 2020, and the Code on Wages,
2020
Instructions to fill up the Annual Return
(1)
This return is to be filled-up and furnished on or before 28th or 29th February every year.
(2)
The return has two parts i. e. Part-I to be filled-up by all establishments.
(3)
The terms Establishment and Mines shall have the same meaning as under the Occupational Safety, Health and
Working Conditions Code, 2020.
(4)
This return is to be filled-up in case of contractor or manpower supplier who have engaged more than 50 workers and
in case of Mines even if there is one worker employed in the relevant period.
Applicable to All Establishments —
A. General Information :
Sl.
Instructions
No.
for filling the
column
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Labour Identification
EPFO, ESIC, MCA,
Number/Registration No.
MoLE (LIN)
2.
Period of the Return
From –To
Period should be calendar year
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
295
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
3.
Name of the
Establishment
4.
Email ID
5.
Telephone No.
6.
Mobile number
7.
Premise name
8.
Sub-locality
9.
District
10.
State
11.
PIN Code
12.
Geo Coordinates
B (a). Hours of Work in a day
B (b). Number of Shifts
C. Details of Manpower Deployed :
____________________________________________________________________________________________________
Detail
Directly employed Employed through Contractor
Grand Total
________________________________________________________________________________________________________________________
Skill Category
Highly
Skilled
Semi-
Un-
Highly
Skilled
Semi-
Un-
Skilled
Skilled
Skilled
Skilled
Skilled
Skilled
Skilled
_______________________________________________________________________________________________________
(i) Maximum No. of employees
Male
Female
Transgender
Total
Male
Female
Transgender
Total
employed in the establishment
in any day during the year
296 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––––
(ii) Average No. of employees
Male
Female
Transgender
Total
Male
Female
Transgender
Total
employed in the establishment
during the year
(iii) Migrant Worker out of (ii) abov
e
Male
Female
Transgender
Total
Male
Female
Transgender
Total
(iv) Number of fixed term
Male
Female
Transgender
Total
Male
Female
Transgender
Total
employee engaged
_____________________________________________________________________________________________
D. Details of contractors engaged in the Establishment
:
_____________________________________________________________________________________________
Sl. No.
Name with LIN/Registration No. of the Contractor
No. of Contract Labour Engaged
_____________________________________________________________________________________________
E. Details of various Health and Welfare Amenities provided :
_____________________________________________________________________________________________
Sl.
Nature of various welfare
Statutory (specify
Instructions for filling
No. amenities provided
the statute)
_____________________________________________________________________________________________
1.
Whether facility of Canteen provided
Tick yes or no in the box
Applicable to all establishments wherein
(as per section 24(v) of OSH Code,
hundred or more workers including contract
2020)
labour were ordinarily employed
2.
Crèches (as per section 67 of Code on
Tick yes or no in the box
Applicable to all establishments where fifty or
Social Security Code, 2020 and
more workers are employed
section 24 of the OSH Code, 2020)
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
297
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
3.
Ambulance Room (as per section 24(2)(i)
Tick yes or no in the box
Applicable to mine, building and other
of OSH Code, 2020)
construction work wherein more than five
hundred workers are ordinarily employed
4.
Safety Committee (as per section 22(1)
Tick yes or no in the box
Applicable to establishments and factories
of OSH Code, 2020)
employing 500 workers or more, factory
carrying on hazardous process and
BoCW employing 250 workers or more,
and mines employing 100 or moreworkers
5.
Safety Officer (as per section 22(2) of
No. of safety officers
In case of mine 100 or more workers and
OSH Code, 2020)
appointed
in case of BoCW 250 or more workers are
ordinarily employed
6.
Qualified Medical Practitioner (as per
No. of Qualified Medical
There is no specification for minimum number
section 12 (2) of OSH Code, 2020)
Practitioner appointed
of Qualified Medical Practitioners employed in
establishment. However, this detail is required
to have data on occupational health
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
F. The Industrial Relations
Instructions for filling
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
If the Works Committee has been
Yes/No
Industrial establishment in which 100 or more workers
functioning (section 3 of IR Code, 2020)
are employed
(a) Date of its constitution
298 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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2.
Whether the Grievance Redressal Committee
Yes/No
Industrial establishment employing 20 or more workers
constituted (section 4 of IR Code, 2020)
are employed
3.
Number of Unions in the establishments
4.
Whether any negotiation union exist
Yes/No
(section 14 of IR Code, 2020)
5.
Whether any negotiating council is
constituted (section 14 of IR Code, 2020)
Yes/No
6.
Number of workers discharged, dismissed,
retrenched or whose services were
terminated during the year :
______________________________________________________________________________________________________
Discharged
Dismissed
Retrenched
Terminated or Removed
Grand Total
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
______________________________________________________________________________________________________
7.
Mandays lost during the year on account of :
______________________________________________________________________________________________________
Sl.No.
Reasons
Period/Date
No. of
Loss in terms
mandays
of money
lost
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(a)
Strike
(b)
Lockout
______________________________________________________________________________________________________
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299
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
8. Details of retrenchment/lay-off
______________________________________________________________________________________________________
Sl. No.
No. of persons
Details of payment
No. of workers laid-
No. of mandays
retrenched during
paid to retrenched
off during the period
lost due to lay-off
the period
employees
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
G. Details pertaining to maternity benefit :
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. of female
No. of female
No. of female employees
No. of deduction of wages, if any
employees
employees
paid medical bonus
made from female employees
availed
maternity leave
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
__________________________________________________________________________________________
H. Details of payment of bonus :
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sl. No. No. of employees covered
Total amount of bonus
Date on which the bonus paid
under the bonus provision
actually paid
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
___________________________________________________________________________________________
300 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––––
I. Details of accidents, dangerous occurrence and notifiable diseases :
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sl.
Total number of accidents
Total number of fatal
Total number of Dangerous
Total number of cases of
No. by which a person injured
accidents and names
Occurrences as defined under
Notifiable Diseases specified
is prevented from working
of the deceased as
Section 11 of the OSH Code,
in Third Schedule of the OSH
for a period of 48 hours
per section 10 of
2020.
Code, 2020 along with the
or more as per section 10
the OSH Code, 2020
details of affected persons
of the OSH Code, 2020.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
____________________________________________________________________________________________
J. Mandays and Production Lost due to accidents/dangerous occurrence
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Sl. No.
Accident/Dangerous Occurrence
Mandays lost
Production Lost
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
___________________________________________________________________________________________
Certified that the tables in prescribed format are duly filled in and information and/ figures given in all the tables are
correct to the best of my knowledge.
Place :
Dated :
Signature of Owner/Agent/Manager with seal.
––––––––
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
301
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
FORM-X
[See sub-rule (2) of rule 24]
REGISTER OF ACCIDENTS AND DANGEROUS
OCCURRENCES
Name of
Date of
Date of report
Nature of
Date of return
Number of
injured
accident or
to Inspector-
accident or
of injured
days the
person
dangerous
cum-Facilitator
dangerous
person to work
injured
(if any)
occurrence
occurrence
person was
absent from
work
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
—————
302 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––––
FORM-XI
[See sub-rule (3) of rule 24
]
REGISTER FOR LEAVE WITH WAGES
Part I-Adults
Part II-Adolescents
Establishment :
Name of worker :
Department :
Father’s Name :
Sl. Sl. No. Date of
Interruptions
Leave due
Whether
Date from Wages
Discharged Worker Re-
No. in the
entry
Sick- Autho- Lock Invol- Others with effect
leave not
which the
for leave
Date of
Date and
marks
register into
ness rized
out or untry
from
desired
worker is
paid in
discharge amount of
of
service
and
leave
Legal unem-
during the allowed
payment
workers
acci-
Stri-
ploy-
next 12
leave
made in
dents
ke
ment
months
lieu of
leave due
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Note :—Separate page shall be allotted to each worker.
–––––––
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
303
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
FORM –XII
[See sub-rule (1) of rule 27]
IMPROVEMENT NOTICE AND PROHIBITION ORDER
PART I
Prohibition Order
Inspector-cum-Facilitator’s, Notice on Inspection of Establishment,
Lifting Appliance, Loose Gears and other such Gears, Equipment, Ladders
and Staging. Inspector-cum-Facilitator’s notice to the occupier, employer,
owner, master, Officer-in-charge, Owner of lifting appliances, loose gears
and lifting devices or the person, scaffold who, by himself, his agents, or his
employers as the case may be.
Name of the establishment,
Where situated
Registration
LIN/registration
lifting appliance, lifting
lying/used/
No. of the
No. of the
device, transport equipment,
location
establishment establishment
ladders and staging
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
An inspection of the above named establishment, lifting appliance, lifting
device, transport equipment, ladders and staging was made on _________
The activities connected with establishment which are being carried on by
you/about to be carried on by you/under your control involve a risk or
danger to the life. Safety and health of employee and involve the following
contraventions :—
CONTRAVENTIONS
Therefore, I hereby direct that the said activities shall not be carried on by
you or under your control unless the said contraventions and matters
mentioned have been remedied to the satisfaction of the Inspector-cum-
Facilitator. This order is being issued without prejudice or any legal action
which may be taken for these contraventions.
On hearing from you that the requirements have been complied with the
establishment, lifting appliance, loose gear or similar gear/transport
equipment/ladders/staging, scaffold shall again be visited with a view to
the inspection being completed.
No._____________________
Dated at__________this__________day of 20_____
Inspector-cum-Facilitator under the Occupational Safety, Health and
Working Conditions Code, 2020.
304 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––––
REQUIREMENTS
On compliance with all or any of the above contraventions, the Inspector-
cum-Facilitator shall be informed in the manner prescribed overleaf, of
the date and place at which the establishment, lifting appliance, loose gears
or similar gear transport equipment, ladders and staging, scaffold can be
re-inspected.
Sir,
The contravention notified by you have been effectively attended to. The
establishment, lifting appliance, loose gears or similar gear, transport
equipment, ladders and staging, scaffold shall be ready for inspection on
the date.
Sir,
The contravention notified by you have been effectively attended to. The
establishment, lifting appliance, loose gears or similar gear, transport
equipment, ladders and staging, scaffold shall be ready for inspection on
the date and place named below :—
Date of Inspection
Place
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Dated at____this day of_____
Employer, Occupier, Owner, Manager, Master,
20___________
Officer-in-charge or Agents, owner of
machinery and gear or the person, who by
himself, his agents or his employers, carried on
the establishment.
To
The Inspector-cum-Facilitator under the Occupational Safety, Health
and Working Conditions Code, 2020.
PART-II
Improvement Notice
Inspector-cum-Facilitator notice to the employer, Owner, Master,
Manager, Officer-in-charge or Agents, Owner of lifting appliances, loose
gears lifting devices, scaffold or the person, who, by himself, his agents or
his employers, carries on the establishment, as the case may be.................
Name of the establishment,
Where situated/
Port of
Official No.
lifting appliances, loose gear
lying/used/
Registry
(if any) of the
lifting device, transport
location
ship
equipment, ladders and
staging scaffold
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
305
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
An inspection of the above-named establishment, dock, ship, lifting
appliances, loose gears, lifting devices, transport equipment, ladders and
stagings, scaffold was made on .............
The following contraventions were observed. You are required to remedy
the said contraventions and send the compliance report in writing
within________ days.
This notice is being issued without prejudice to any legal action which may
be taken for these contraventions on hearing from you that the requirements
have been complied with the establishment, lifting appliance/loose gear or
similar other gear/transport equipment/ladders/staging, scaffold will again
be visited with a view to the inspection being completed.
Contraventions No._______Dated_______this_____day of________
20_________Inspector-cum-Facilitator under the Occupational Safety,
Health and Working Conditions Code, 2020.
REQUIREMENTS
On compliance with all or any of the requirements, the Inspector-cum-
Facilitator should be informed in the manner prescribed overleaf of the
date and place at which the establishment, lifting appliance, loose gear,
transport equipment, ladders and staging, scaffold can be re-inspected.
The requirements noted by you have been effectively fulfilled. The
establishment, lifting appliance, loose gear, lifting devices, transport
equipment, ladders and staging, scaffold will be ready for inspection on
the date and place named below :—
Date of Inspection
Place
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Dated at____this day of_____
Employer, Occupier, Owner, Manager, Master,
20___________
Officer-in-charge or Agents, owner of
machinery and gear or the person, who by
himself, his agents or his employers, carried on
the establishment.
To
The Inspector-cum-Facilitator under the Occupation Safety, Health and
Working Conditions Code, 2020.
––––––
306 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
–––––––––––––––––––––––––––––––––––––––––—–––—————–––––
FORM-XIII
[See rule 38 and rule 75]
APPLICATION FOR LICENSE
On Line Application for License/Renewal of License/Amendment
of License (including Common/Single License)
Department of Labour, Government of Jammu and Kashmir
ESTABLISHMENT PROFILE:
Labour Identification Number/Licence No. Date
Acknowledgement Number : …...……Date of Application :……………
I. Particulars of Establishment for which licence required :
1. Name of Establishment :
2. Address of establishment—
(a) Head Office address along with email Id :
(b) Corporate office address along with email Id :
3. Telephone Number :
4. Activity as per National Industrial Classification : (Select all applicable
activities given)
5. Details of selected NIC Code :
6. Nature of work carried on in main establishment :
7. Identifier of the Establishment : (Select) : esign/digital sign
II. Details of Employer :
1. Full Name of Employer........................relationship with establishment.
2. Full Address of Employer :
3. Email Id of employer :
4. Mobile No. of employer :
III. Particulars of the Contract Labour to be employed/is employed
(If licence is required work-wise)
Locations
Name of
Activity as per
Date of
Date of
Name of
Name,
of
works
national
commence-
complet- Establish-
address,
worksites
industrial
ment
ion
ments
email id
classification
in which
of the
contract
Site
labour is/
Incharge
proposed
to be
employed
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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307
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
5. Maximum number of workmen proposed to be employed on the
Establishment on any date :
6. Amount of Licence Fee : INR
(Transaction Id :)
7. Amount of Security Deposit : INR
(Transaction Id :)
IV. DETAILS OF ESTABLISHMENTS FOR WHICH COMMON
LICENCE REQUIRED (IF APPLYING FOR)
Type of
Name and
(i) Nature of work
Date of Permanent
Maximum
Maximum
establish-
address
carried out in the
comm- establish-
number of
number of
ments
of estab-
establishment
ence-
ment or
labour
employees
lishment
(ii) Activity as
ment
probable
employed/ employed/
per National Ind‘l
date of
proposed
proposed
classification
complet-
to be
to be
ion
employed
employed
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
V. DETAILS OF ESTABLISHMENTS FOR WHICH SINGLE
LICENCE IS REQUIRED (IF APPLYING FOR)
Name of
Name of
Maximum
Date of
Permanent
Maximum Registration
District
each work
number of
commen- establishment number of
number, if
in which
labour will
cement
or probable
employees obtained,
the estab-
be/is
date of
employed/ then details
lishments
employed
completion
proposed
thereof
are situated
to be
employed
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
6
7
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Signature of Contractor
(e-Sign/DSC)
Note:—This is an online application summary applied on
(www.jklabour.com).
APPLICATION FOR RENEWAL OF LICENCE
1. Licence No.
Date :
2. LIN & PAN
3. Name and address of the establishment :
4. Date of expiry of previous licence :
308 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
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5. Whether the licence of the employer/contractor was suspended or
revoked :
6. Details of Fees paid : (Enclose e-payment receipt) : Amount…...........
date of payment :
E-sign/digital sign of the employer/contractor
Date :
APPLICATION FOR AMENDMENT OF LICENCE :
1. Licence No.
Date:
2. LIN & PAN
3. Name and address of the establishment :
4. Details for which amendment is sought :
(a) Maximum number of worker presently employed : (If there is increase
in the maximum number of workers to be employed, then additional
fees/security deposit as per law needs to be deposited :
(b) Details of fees paid through e payment date on which made :
(c) Other details requiring amendment in the licence issued (Necessary
documents may be uploaded in support of change required)
E-sign/digital sign of the employer/contractor Date of application.
–––––––––
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
309
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FORM-XIV
[See rule 38 and sub-rule (2) of rule 39 and rule 76]
PROFORMA OF LICENSE
Licence No.__________Reg. No.___________Date of Reg.________
Licence is hereby granted to........................................................
for the premises known as...........................................................
situated at .................................................................................
For use as a establishment within the limits stated herein after, subject to
provisions of the Occupational Safety, Health and Working Conditions Code,
2020, and the rules made thereunder.
The——————20
IssuingAuthority
Sl.
Period
Valid for
Fee
Date
Excess
Licence
Date
Signature
No. of issue Maximum
of pay-
fee for
valid
of pay- of the
number of
ment
late
up to
ment
issuing
Contract
payment
Authority
labour/
workers on
any one day
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
AMENDMENTS
Year when
Maximum number
Date of payment
Date of
Signature of the
amended
of Contract labour/ of amendment fee Payment issuing Authority
workers on any
one day
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
––––––––––
310 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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FORM-XV
(See rule 47)
EXPERIENCE CERTIFICATE OF CONTRACT EMPLOYEE
To whom so ever concerned
1.
Name of contractor/employer* :
2.
LIN/Registration No./PAN No. of the contractor/employer * :
3.
Email Id of the contractor/employer* :
4.
Mobile No. of the contractor/employer * :
5.
Nature and location of work :
6.
Name of Principal Employer* :
7.
LIN/Registration No./PAN No. of the Principal Employer* :
8.
Email Id of the Principal Employer* :
9.
Mobile No. of the Principal Employer* :
10.
Name of the worker* :
11.
UAN/Aadhaar No. :
12.
Mobile No. :
13.
Serial Number in the Employee Register :
14.
Registration number, date and name of the Board if the building
and other construction worker is registered as a beneficiary :
15.
Period of Employment :
16.
Designation :
Seal and Signature of Contractor
––––––––––––––––––––––––––––––––––––––––––––––––––––––
*Please strike off whichever is not applicable.
––––––––
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
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FORM-XVI
( See rule 53)
Agreement between Producer and Audio-visual worker
This agreement is made on this day..................month..................
year..........between Messers………………having office at……………..
(hereinafter referred to as the “Producer” on the First part and Shri/Smt./
Kum./……………………………Son/Daughter of Shri……………..
residing at……….(hereinafter referred to as the “Audio Visual Worker”)
on the second part. The terms_____Producer ‘and____audio-visual
worker’ shall include their heirs, successors, administrators and legal
representatives—
Now, therefore, this agreement is made as follows :—
1. That both the parties agree that the duration of this agreement
shall be from the date hereof till the completion of the
audio-visual and this period shall not exceed consecutive
months.
2. That the audio-visual worker agrees to attend studio, location
or work place, as the case may be, subject to the requirement
of his previous engagement and on his confirmation, to his
respective job punctually as and when he shall be required by
a written intimation by the Producer or the person duly
authorised by him inwriting.
3. That inconsideration of the audio-visual worker services, as
aforesaid, the Producer agrees to pay and the audio-visual
worker agrees to receive a sum of Rs. ..............................
(Rupees ........................) payable as advance on signing of
this agreement and the balance of Rs. .........................payable
in equal installments.
4. That in the event of the audio-visual production being not
complete within the stipulated period and the Producer still
needing the services of the audio-visual worker to complete
the audio-visual production, the producer agrees to pay and
312 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
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the audio-visual worker agrees to receive additional
remuneration on pro-rata basis, payable in the same manner
as stated in Clause 3 above, till the completion of the production.
5. That in case the assignment of the audio-visual worker is
completed earlier than the period stipulated in Clauses 1 and 4
above, the producer shall settle the account of the audio-visual
worker and pay the remaining balance of the agreement amount
in full before the commencement of re-recording work/censor
of the production, whichever is earlier.
6. That the audio-visual worker shall, if so required,—
(a) attend the studios, location or work-place, as the
case may be, earlier than the scheduled time of the shift,
for preparatory work, and in that case, he/she shall be
paid by the Producer extra wages at the rate of
Rs. .......................................per hour or part thereof for
such early attendance.
(b) continue to work beyond the working day, with one hour
break and in that case, he/she shall be paid by the Producer
extra wages at the rate of Rs………………. For the work
during the extended hours and refreshments,and transport
facilities.
7. That the Producer shall provide transport and food or pay
travelling allowances to and fro to report to duty and food
allowance while on duty as are customary or fixed by bilateral
arrangements between the Producer’s and audio-visual
worker’s representative organizations.
8. That the Producer shall also pay for all travelling and
accommodation expenses, fares, cost of food and such other
allowances as are customary when the audio-visual worker is
required to work on location outdoors.
9. That the Producer shall get the audio-visual worker insured
for any injury or damage to his/her person including death
caused by accident arising out of or in the course of his/her
employment and/or during the period of his/her assignment
under this agreement.
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10. That where the Producer is prevented from proceeding with
the production of the audio-visual by reason of fire, riot, natural
calamity, order of the public authority or any other reason
beyond his control—
(a) he shall be entitled to suspend the operation of this agreement
during the period of suspension of production in case the
production is suspended. The producer shall serve notice in
writing of such suspension on the audio-visual worker and
shall pay all his/her dues up to the date of service of such
notice. Upon resumption of work on the film, this agreement
shall revive and shall remain valid for the period stipulated in
Clause I excluding the period of suspension therefrom ; or
(b) he shall be entitled to terminate this agreement as from the
cessation of production, in case the production ceases
completely. The producer shall serve a notice in writing of
such cessation on the audio-visual worker and make payment
of all the amount due to the audio-visual worker at the time
of termination.
11. That in case if the Producer desires to terminate this agreement
before the expiry of its term for reasons other than misconduct
in relation to performance of the audio-visual worker’s duties
or of his/her unwillingness to perform the services required
under this agreement, the producer shall be entitled to do so
only upon payment of the balance of the stipulated amount of
the agreement. Only after such payment to the audio-visual
worker, the Producer shall be entitled to employ another audio-
visual worker in his/her place.
12. That the Producer shall have the right to terminate this
agreement on ground of misconduct on the part of the audio-
visual worker in relation to performance of his/her duties or
his/her unwillingness to perform the service required under the
agreement, upon payment to the audio-visual worker of the
amount due at the time of termination, calculated taking into
consideration the audio-visual worker’s total work in the audio-
visual and the work he/she has completed till the date of
termination of this agreement. Termination under this clause
shall not be made unless the charges of the Producer against
the audio-visual worker are proved before a forum comprising
314 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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equal number of representatives of the Producers‘ Organisation
and the audio-visual worker’s Organisation to which the
Producer and the audio-visual worker respectively may belong.
The decision of the forum shall be binding on both the parties.
The producer can engage another audio-visual worker for the
job towards this agreement only after the forum has given a
decision in favour of such termination and the audio-visual
worker has been paid all his dues.
13. That in case of premature termination of this agreement, it
shall be the option of the Producer whether or not to retain the
work of the audio-visual worker in the audio-visual and at the
same time, it shall be option of the audio- visual worker whether
or not to allow his/her name to go on the credit titles of the
film.
14. That the Producer shall have the right to decide the manner of
representing the audio-visual worker’s personality on the screen,
his/her clothes, make-up and hair-style and the audio-visual
worker shall fully and willingly comply with the direction of the
Producer in this regard, provided that the requirements of the
Producer in this respect have been notified to the audio-visual
worker and accepted by him/her.
15. That the audio-visual worker agrees that he/she shall render
his/her services to the best of his/her ability in such manner as
the Producer or, at his instance, the Director of the audio-
visual may direct and shall comply with all reasonable
instructions that he may give for the production of the film.
16. That the Producer shall also pay for all traveling and
accommodation expenses, fares, cost of food and such other
allowances as are customary when the audio-visual worker is
required to work on location outdoors.
17. That the Producer shall get the audio-visual worker insured
for any injury or damage to his/her person including death
caused by accident arising out of or in the course of his/her
employment and/or during the period of his/her assignment
under this agreement.
18. That where the Producer is prevented from proceeding with
the production of the audio-visual by reason of fire, riot, natural
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315
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calamity, order of the public authority or any other reason
beyond his control—
(a) he shall be entitled to suspend the operation of this agreement
during the period of suspension of production in case the
production is suspended. The producer shall serve notice in
writing of such suspension on the audio-visual worker and
shall pay all his/her dues up to the date of service of such
notice. Upon resumption of work on the film, this agreement
shall revive and shall remain valid for the period stipulated in
Clause I excluding the period of suspension therefrom ; or
(b) he shall be entitled to terminate this agreement as form the
cessation of production, in case the production ceases
completely. The producer shall serve a notice in writing of
such cessation on the audio-visual worker and make payment
of all the amount due to the audio-visual worker at the time
of termination.
19. That in case if the Producer desires to terminate this agreement
before the expiry of its term for reasons other than misconduct
in relation to performance of the audio-visual worker’s duties
or of his/her unwillingness to perform the services required
under this agreement, the producer shall be entitled to do so
only upon payment of the balance of the stipulated amount of
the agreement. Only after such payment to the audio-visual
worker, the Producer shall be entitled to employ another
audio-visual worker in his/her place.
20. That the Producer shall have the right to terminate
this agreement on ground of misconduct on the part of the
audio-visual worker in relation to performance of his/her duties
or his/her unwillingness to perform the service required under
the agreement, upon payment to the audio-visual worker of
the amount due at the time of termination, calculated taking
into consideration the audio-visual worker’s total work in the
audio-visual and the work he/she has completed till the date of
termination of this agreement. Termination under this clause
shall not be made unless the charges of the Producer against
the audio-visual worker are provided before a forum comprising
equal number of representatives of the Producers’ Organisation
and the audio-visual worker’s Organisation to which the
316 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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Producer and the audio-visual worker respectively may belong.
The decision of the forum shall be binding on both the parties.
The producer can engage another audio-visual worker for the
job towards this agreement only after the forum has given a
decision in favor of such termination and the audio-visual worker
has been paid all his dues.
21. That in case of premature termination of this agreement, it
shall be the option of the Producer whether or not to retain the
work of the audio-visual worker in the audio-visual and at the
same time, it shall be option of the audio-visual workers whether
or not to allow his/her name to go on the credit titles of the
film.
22. That the Producer shall have the right to decide the manner of
representing the audio-visual worker’s personality on the screen,
his/her clothes, make-up and hair-style and the audio-visual
worker shall fully and willingly comply with the direction of the
Producer in this regard, provided that the requirements of the
Producer in this respect have been notified to the audio-visual
worker and accepted by him/her.
23. That the audio-visual worker agrees that he/she shall render
his/her services to the best of his/her ability in such manner as
the Producer or, at his instance, the Director of the audio-
visual may direct and shall comply with all reasonable
instructions that he may give for the production of the film.
24. That the audio-visual worker shall comply with all the regulations
of the studio, location or work place as the case may be.
25. That the Producer shall not without the consent in writing of
the audio-visual worker, assign or transfer the benefit of this
agreement to any other person.
26. That the provisions of the Employees’ Provident Funds and
Miscellaneous Provisions Act, 1952 shall be applicable to this
agreement.
27. That the Producer shall not utilise the work of the audio-visual
worker in any film, other than the audio-visual under this
agreement, without prior permission of the audio-visual worker.
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
317
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
The parties have put their hands to this agreement on the date, month and
year said above in the presence of each other and in the presence of the
witnesses.
1.
Witness
Producer
Name Address
2.
Witness
Audio-Visual Worker
Name Address
––––––
318 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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FORM-XVII
[See sub-rule (3) of rule 28]
Application for grant of certification of
competency to an institution
1. Name and full address of the organization.
2. Organization’s status (specify whether Government,
autonomous, co-operative, corporate or private).
3. Purpose for which competency certificate sought (specify the
section of the Code).
4. Whether the organization has been declared as a competent
person under any other statute (if so, furnish details).
5. Particulars of persons employed and possessing qualification
as experience as set out in Schedule-B.
S.
Name of the
Qualification
Experience
Section(s)/rule(s) under
No.
Organization
which competency sought
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
2.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
6. i.
Details of facilities (examination, testing etc.) ;
ii. Arrangements of calibrating and maintaining the accuracy of
these facilities).
7. Any other relevant information.
8. Declaration :
I..............................................hereby declare that the
information furnished above are correct to the best of my
knowledge. I undertake to—
(a) To maintain the facilities in good working order calibrating
periodically as per manufacturer’s instructions or as per
National standards ; and
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
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(b) To fulfill and abide by all conditions stipulated in the certificate
of competency and instructions issued by Chief Inspector-
cum-Facilitator from time to time.
Place :
Signature of the Head of the
Institution or the person authorized
to sign on his behalf
Date:
–––––––
320 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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FORM-XVIII
[See sub-rule (3) of rule 28]
Application for grant of certification of competency to a Person
1. Name :
2. Date of Birth :
3. Name of organization (if not, self-employed) :
4. Designation :
5. Educational Qualification (Copies of testimonials to
be attached) :
6. Details of professional experience( in chronological order) :
Name of the
Period of service
Designation
Area of
Organization
responsibility
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
2.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
7. Membership, if any, of professional bodies :
8. i. Details of facilities (examination, testing etc.) ;
ii. Arrangements of calibrating and maintaining the accuracy
of these facilities) :
9. Purpose for which competency certificate sought (specify
the section of the Code) :
10. Whether the applicant has been declared as a competent
person under any other statute (if so, furnish details) :
11. any other relevant information :
12. Declaration by the applicant :
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
321
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I..................................hereby declare that the information furnished
above is true, I undertake to—
(a) That in the event of any change in the facilities at my disposal
(either addition or deletion) or my leaving the aforesaid
organization , I will promptly inform the Chief Inspector-cum-
Facilitator ;
(b) To maintain the facilities in good working order, calibrating
periodically as per manufacturer’s instructions or as per
National standards ; and
(c) To fulfill and abide by all conditions stipulated in the certificate
of competency and instructions issued by Chief Inspector-cum-
Facilitator from time to time.
Place: Signature of the applicant.
Date:
Declaration by the Institution (if employed)
I.........................,....certify that Shri.............................whose
details are furnished above, is in our employment and nominate him on
behalf of the organization for the purpose of being declared as a competent
person under the Code. I also undertake that I will—
(a) Notify the Chief Inspector-cum-Facilitator in case the
competent person leaves our employment ;
(b) Provide and maintain in good order all facilities at his disposal
as mentioned above ;
(c) Notify the Chief Inspector-cum-Facilitator any change in the
facilities (either addition or deletion)
Signature
Designation
Tel. No.
Official Seal
Date :
–––––––
322 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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FORM-XIX
[See sub-rule (3) of rule 28]
Form of certificate of competency issued
to a person or an institution
I............................in exercise of the powers conferred on me under
Occupational Safety Health and Working Condition’s Code and the rules
made thereunder, here by recognize____________________________
or Shri______________employed in________________________to be
competent person for the purpose of carrying tests, examinations, inspections
and certification for such buildings, dangerous machinery, lifts, tackles,
pressure plants, confined space, ventilation or plant and equipment as the
case may be in a factory located in____________under section________
and the rules made thereunder.
This certificate is valid from___________to______________
This certificate is subject to the following conditions as stipulated there
under—
1. Tests, examinations and inspections shall be carried out in
accordance with the provisions of the Code and the rules made
thereunder.
2. Tests, examinations and inspections shall be carried out under
the direct supervision of competent person or a person
authorized by institution recognized to be competent.
3. The certificate of competency shall stand cancelled if the person
declared competent leaves the organization mentioned in his
application.
4. The institution recognizer as competent shall keep Chief
Inspector-cum-Facilitator informed of the names, designations,
qualifications of the persons authorized by it to carry out
tests,examinations, inspections.
Station
Official seal
Signature of Chief Inspector-cum-Facilitator
Date :
Note :—A separate certificate should be issued under each relevant section.
A person or institution may be recognized competent person for
the purpose of more than one section of the code.
––––––––
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
323
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FORM-XX
[See sub-rule (3) of rule 56]
APPLICATION FOR PERMISSION TO CONSTRUCT,
EXTEND OR TAKE INTO USE ANY BUILDING AS A
FACTORY
1. Applicant’s name and address
:
2. Full name and postal address of factory
:
3. Situation of factory
:
(a)
Province
:
(b)
District
:
(c)
Town or Village
:
(d)
Nearest Police Station
:
(e)
Nearest railway station
or steamer ghat
:
4. Particulars of plant to be installed
:
Signature of applicant :
Date :
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Note :—This application shall be accompanied by the following
documents :—
(a) a flow chart of the manufacturing process supplemented by a
brief description of the process in its various stages ;
(b) plans, in duplicate, drawn to scale showing—
(i) the site of the factory and immediate surroundings including
adjacent buildings and other structures, roads, drains, etc. ; and
(ii) the plan, elevation and necessary cross-sections of the various
buildings indicating all relevant details relating to natural
lighting, ventilation and means of escape in case of fire. The
plans shall also clearly indicate the position of the plant and
machinery, aisles and passage-ways ; and
(c) such other particulars as the Chief Inspector-cum-Facilitator
may require.
–––––––
324 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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FORM-XXI
[See sub-rule (8) of rule 56]
Certificate of Stability
1. Name of the Factory :
2. Village, Town, District
in which Factory is situated :
3. Full postal address of the Factory :
4. Name of the Occupier of the Factory :
5. Nature of manufacturing process.
to be carried on in the factory:
6. Number of Floors on which
Workers will be employed:
I certify that I have inspected the building/buildings, the plans of which
have been approved by the Chief Inspector-cum-Facilitator in his letter
No. .......................dated...................and examined the various parts
including the foundations with special reference tothe machine, plant etc.,
that have been installed. I am of the opinion that the building/buildings which
has/have been constructed/ reconstructed/extended/taken into use is/are in
accordance with the plans approved by the Chief Inspector-cum-Facilitator
in his letter mentioned above, that it is/they are structurally sound and that
its/their stability will not be endangered by its/their use as factory/part of a
factory for the manufacture of....................for which the machinery, plant,
etc. installed are intended.
Signature ..............................
Qualifications .........................
Address ...............................
Date .................................
If employed by a company or association.
Name and address of the company or
Association.
———
No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.
325
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
FORM NO. XXII
[See sub-rule (10) and sub-rule (11) of rule 56]
Registration and Licence to Work a Factory
Registration No. ................................ Fee Rs. ....................................
Serial No. .......................................
Licence is hereby granted to .................................................. vide
only for the premises described below for use as a factory employing not
more than ........................................... persons on any one day during
the year and using motive power not exceeding.........................................
H. P. ......................subject to the provisions of The Occupational Safety,
Health and Working Conditions Code, 2020 and the Rules made thereunder.
This Licence shall remain in force till the 31st day of December,
.....................
Chief Inspector-cum-Facilitator
The .......................................
Description of the Licensed Premises
The licensed premises shown on Plan No. ..............dated...............
are situated in..............................and consist of............................
Date of renewal
Date of expiry
Signature of Licensing Authority
–––––––
326 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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FORM XXIII
(See Schedule-B and rule 58)
CERTIFICATE OF FITNESS
Serial number :
I certify that I have personally examined (name) …………………….
Son of (father’s name)......................................................... residing at
(address)........................…………………Who is desirous of being
employed as (designation) ............................................................... in
(process,department and factory)..............................................................
and that his age, as nearly as can be ascertained from my examination, is
years, and that he is, in my opinion, fit/unfit for employment in the above
mentioned factory as mentioned above.
2. He may be produced for further examination after a period
of..........................................
3. The serial number of the previous certificate is....................
Signature or left hand thumb
impression of person examined :
Signature of Certifying Surgeon :
Date :
I certify that
I extend this certificate until
Signs and symptoms Signature of
I examined
(if certificate is not extended, observd during
the certifying
the person
the period for which the
examination
surgeon
mentioned
worker is considered unfit
above on
for work is to be mentioned)
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
–––––––
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327
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FORM NO. XXIV
(See Schedule-B and rule 58)
HEALTH REGISTER
1
S. No.
2
Department/Works
3
Name of Worker
4
Sex
5
Age (at last birthday)
6
Date of employment on present work
7
Date of leaving or transfer to other work with reasons for
discharge or transfer
8
Nature of job or occupation
9
Raw materials,products or by-products likely to be exposed to
10
Dates
11
Result Fit or Unfit
12
Signs and symptoms observed during examination
13
Nature of tests and results thereof
14
If declared unfit for work, state period of suspension with
reasons in details
15
Whether certificate of unfitness issued to the workers
16
Re-certified fit to resume duty on
17
Signature of the Certifying Surgeon with date
––––––––
328 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.
[No. 45-a
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FORM-XXV
(See sub-rule (3) of rule 59)
APPLICATION FOR THE SITE APPRAISAL COMMITTEE
1.
Name and address of the applicant :
2.
Site Ownership Data :
2.1
Revenue details of the site such a Survey No., Plot No.
2.2
Whether the proposed site attracts the provisions of section 3
of Environments Protection Act, 1986, if so, the nature of the
restrictions ; and Local authority under whose jurisdiction the site
is located.
3.
Site Plan :
3.1
Site plan with clear identification of boundries and total area proposed
to be occupied and showing details nearby the proposed site—
(a) Name of adjoining manufacturing units and human habits,
educational and training institutions, petrol installations,storages
liquified Petroleum Gas and other hazardous substances, if any,
within one kilometer from the proposed unit ;
(b) Water sources (crivers, streams, canal dams, water filteration
plants) in the vicinity ;
(c) Nearest hospitals, Fire-stations, Civil Defence Stations and
Police Station and their distances ;
(d) Details of high tension electrical transmission lines, pipelines
for oil, gas, sewerage, if any, passing through the site ; and
(e) Location of railway stations, railway lines, Scheduled road, bye-
pass, if any, near the site.
3.2
Plot Plan of the factory, showing entry and, exit points, roads.
4.
Project Report :
4.1
A summary of the salient features of Project ;
4.2
Maximum number of persons like be working in the factory ;
4.3
Maximum amount of power and requirements and source of supply ;
4.4
Block diagrams of the buildings installations, in the proposed
project ; and
4.5
Details of housing colony, hospital, school and other infrastructural
facilities proposed.
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329
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5.
Organisation structure of the proposed manufacturing unit/
factory :
5.1
Person responsible for protection of safety, health and environment.
5.2
Proposed health and safety policy of the proposed enterprise.
6.
Manufacturing Process Information :
6.1
Process flow diagrams.
6.2
Brief write up on process and technology.
6.3
Critical Process parameters such as pressure buildup, temperature
rise and run-away reaction.
6.4
Other external effections critical to the process having safety
implications such as ingrass of moisture or water, contact with
incompatiable substances sudden power failure ; and
6.5
High lights of the built-in-safety/pollution control devices or measures
incorporated in the manufacturing technology.
7.
Information of Hazardous Materials :
7.1
Raw materials, intermediates, products and bye-products and their
quantities (enclosed Material Safety Data Sheet in respect of each
hazardous substances).
7.2
Main and intermediate storages proposed for raw material/
intermediates/products/Bye-Products (maximum quantities to be
stored at any time).
7.3
Transportation methods to be used for materials in flow and out
flow, their quantities to be stored at anytime ; and
8.
Safety measures proposed for :
Handling of materials.
Internal and external transportation, and
Disposal (packing and forwarding of finished products).
9.
Information or Dispersal/Disposal of wastes and pollutants :
9.1
Major Pollutants (gas, liquids, solid) their characteristics and
quantities (average and at peakloads).
9.2
Quality and quantity of solid wastes generated, methods of their
treatment and disposal.
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[No. 45-a
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9.3 Air, Water and Soil Pollution problems anticipated and the proposed
measures to control the same, including treatment and disposal of
effluents.
10. Process Hazards Information :
10.1 Enclose a copy of the report on environmental impact assessment.
10.2 Enclosed a copy of the report on Risk Assessment Study : and
10.3 Published (open or classified) reports, if any, on accident situation/
occupational health hazards or similar plants (within or outside the
country).
11. Information of proposed Safety and Occupational Health
Measure :
11.1 Details of fire-fighting facilities and minimum quantity of water
cartaoridi-oxide and other fire-fighting measures needed to meet
the emergencies.
11.2 Details of in-house medical facilities proposed.
12. Information on Emergency preparedness :
12.1 On Site Emergency Plan ; and
12.2 Proposed arrangements, if any, for mutual aid scheme with the group
of neighboring factories.
I certify that the information furnished above is correct to the best of
my knowledge and nothing has been concealed while furnishing it.
Date :
Signature
Designation