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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The J&K Official Gazette, the 1st April, 2021/11th Chai., 1943.

[ No. 1

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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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3

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

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.

––––––––

4

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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]

The J&K Official Gazette, the 1st April, 2021/11th Chai., 1943.

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

The J&K Official Gazette, the 1st April, 2021/11th Chai., 1943.

[ No. 1

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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]

The J&K Official Gazette, the 1st April, 2021/11th Chai., 1943.

7

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

––––––––

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

The J&K Official Gazette, the 1st April, 2021/11th Chai., 1943.

[ No. 1

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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

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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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247

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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.

[No. 45-a

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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 ;

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

251

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

-

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.

[No. 45-a

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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.

–––––––

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

253

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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.

[No. 45-a

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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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255

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(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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257

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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

-

-

258 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.

[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

260 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.

[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

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

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

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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

264 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.

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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 ;

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1

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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267

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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.

—————

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1

2

3

4

5

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269

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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.

––––––

272 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.

[No. 45-a

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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.

273

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(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

274 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.

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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

:

________

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

275

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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 :

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

277

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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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[No. 45-a

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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

––––––– –

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

279

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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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[No. 45-a

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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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285

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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.

286 The J&K Official Gazette, 9th Feb., 2021/20th Magha, 1942.

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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.

–––––––––

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

287

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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

–––––––––––––––––––––––––––––––––––––––––—–––—————–––––

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

–––––––––––––––––––––––––––––––––––––––––—–––—————–––––

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

–––––––––––––––––––––––––––––––––––––––––—–––—————–––––

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

______________________________________________________________________________________________________

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

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.

[No. 45-a

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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

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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.

311

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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.

[No. 45-a

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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.

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

313

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

315

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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

–––––––––––––––––––––––––––––––––––––––––—–––—————–––––

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.

319

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(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

–––––––––––––––––––––––––––––––––––––––––—–––—————–––––

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

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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

–––––––––––––––––––––––––––––––––––––––––—–––—————–––––

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

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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

–––––––––––––––––––––––––––––––––––––––––—–––—————–––––

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)

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

–––––––

No. 45-a] The J&K Official Gazette, 9th Feb., 2021/20th Magha., 1942.

327

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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

–––––––––––––––––––––––––––––––––––––––––—–––—————–––––

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