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असाधारण

EXTRAORDINARY

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

Part II - Section 3

केन्द्र-शासित प्रदेश लद्दाख प्रशािन

ADMINISTRATION OF UNION TERRITORY OF LADAKH

LABOUR AND EMPLOYMENT DEPARTMENT

NOTIFICATION

Ladakh, the 30^th of July 2026.

S.O. 238.— Whereas the draft rules, which the Administration of Union Territory of Ladakh

proposed to make in exercise of the powers conferred by sections 133 and 135 of the

Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) read with S.O.

2751(E) dated 22.06.2023 issued by the Ministry of Home Affairs and section 24 of the General

Clauses Act, 1897 (10 of 1897), were pre published vide notification number S.O.177 dated

the 23.04.2026 inviting objections and suggestions from all stakeholder likely to be affected

thereby, before the expiry of a period of forty-five days from the date on which copies of the

Official Notification containing the said notification were made available to the public;

And whereas, objections and suggestions received on the said draft rules have been considered

by the Labour and Employment, Department Administration of Union territory of Ladakh;

Now, therefore, in exercise of the powers conferred by sections 133 and 135 of the

Occupational Safety, Health and Working Conditions Code, 2020 (37 of 2020) read with S.O.

2751(E) dated 22.06.2023 issued by the Ministry of Home Affairs and section 24 of the General

Clauses Act, 1897 (10 of 1897), and in supersession of: —

(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;

(4) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service)

Jammu and Kashmir Rules, 1984;

लद्दाख, 02 ससतंबर, 2026

LADAKH, WEDNESDAY, SEPTEMBER, 02, 2026

भारत सरकार

GOVERNMENT OF INDIA

एस.जी.-एल.डी.-अ.-02092026-1819

SG-LD-E-02092026-1819

(5) The Jammu and Kashmir Motor Transport Workers Rules, 1972; and

(6) All other rules, regulations, notifications, orders, or instructions corresponding thereto, in so

far as they relate to the Union Territory of Ladakh and are inconsistent with these rules, except

in respect of things done or omitted to be done before such supersession, the Labour and

Employment Department of Union territory of Ladakh hereby makes the following rules,

namely:

CHAPTER-I

PRELIMINARY

1. Short title, extent and commencement.—(a) These rules may be called

as the Ladakh Occupational Safety, Health and Working Conditions Rules,

2026.

(b)They shall extend to whole of Union territory of Ladakh.

(c)They shall come into force on and with effect from the date on which

Code shall be enforced by Central Government by notification in the

Official Gazette.

2. Definitions. — (1) In these rules, unless the context otherwise requires -

(a) “A d m in i s t r a tio n ” means the Administration of the U n i o n

Territory of Ladakh.

(b) "Appendix" means an appendix appended to these rules;

Safety,

Health

and

Working

Conditions Code, 2020;

(d) “Continuous process” means the materials either dried bulk or fluids

that are being processed and are continuously in motion, undergoing

chemical reaction and are subject to mechanical or heat treatment or any

other process specified by the Administration of Union Territory of

Ladakh;

(e) “Designated authority” means an authority notified by Administration of

Union Territory of Ladakh under section 119 of the Code;

(f) “electronically” means any information submitted by email or

uploaded on the portal or making digital payment through any mode for

the purposes of Code;

(g) "First employment" means the first employment in any manufacturing

process to which the relevant Schedule applies and shall also include re-

employment in the manufacturing process following any cessation of

employment for a continuous period exceeding three calendar months;

(h) "Form" means the form appended to these rules;

(i) “Hazardous waste” means the hazardous waste as defined in clause (17)

of sub-rule (1) of rule 3 of the Hazardous and Other Wastes (Management

and Transboundary Movement) Rules, 2016;

(j) “Major accident" means an incident involving loss of life inside or outside

the establishment or ten or more injuries inside and/or one or more

injuries outside or release of toxic chemical or explosion or fire or spillage

of hazardous chemical resulting in ‘on-site’ or ‘off-site’ emergencies or

damage to equipment leading to stoppage of process or adverse effect to

the environment;

(k) “Medium enterprise” means an enterprise as defined in clause (g) of

section 2 of the Micro, Small and Medium Enterprises Development Act,

2006;

(l) “Micro enterprise” means an enterprise as defined in clause (h) of

section 2 of the Micro, Small and Medium Enterprises Development Act,

2006;

(m) “Portal” means the website of the Labour Department, Union territory of

Ladakh for delivering services under the Code and the rules made

thereunder;

(n) “Quarter” means the period of three consecutive months beginning on the

1st of January, the 1st of April, the 1st of July or the 1st of October;

(o) “Recognized university or institution” means,-

(a) any University, incorporated by law, by the Central or any Union

territory of Ladakh; or

(b) any other University or institution which is declared by the

Administration of Union Territory of Ladakh to be a recognized

University or institution for the purposes of these rules;

(p)

“Registering officer” means an officer appointed under section 3 of the

Code;

(q)

“Schedule” means the Schedule appended to these rules;

(r)

“Section” means the section of the Code;

(s)

“Small enterprise” means an enterprise as defined a n clause (m) of

section 2 of the Micro, Small and Medium Enterprises Development Act,

2006;

(t)

“Wages” means the wages as defined in clause (y) of section 2 of the

Code on Wages, 2019; and

(u)

“Year” means the period of twelve months beginning from the 1st day

of J a n u a r y in any year.

(2) The words and expressions used in these rules but not defined therein,

but defined in the Code, shall have the respective meanings as

assigned to them in the Code.

3. Income from the sources. — For the purposes of clause (x) of sub-

section 1 of section 2, the criteria for income from such sources means the

income for the dependents as per the Central Civil Services (Leave Travel

Concession) Rules, 1988 as amended from time to time.

4. Competent person.— (1) The Chief Inspector-cum- Facilitator may

recognize any person as the ‘competent person’ within such area and for

such period as may be specified for the purposes of preparation of plans

of building as structures to be used as factory or industrial premises to be

used for beedi and cigar work under the Code and plans carrying out tests,

examination, inspection and certification for such buildings, dangerous

machinery, hoists and lifts, lifting machines and lifting tackles, pressure

plant, confined space, ventilation system and such other processes of plant

and equipment located in an establishment as stipulated in the Code

and the rules made there under, if such person possesses the qualifications,

experience and other requirements specified in the Schedule appended to

this rule:

Provided that the Chief Inspector-cum-Facilitator may relax the

requirements of qualifications in respect of competent person if such a person

is exceptionally experience and knowledgeable:

Provided further that where it is proposed to recognise a person

employed under the Chief Inspector-cum-Facilitator as a ‘competent

person’, concurrence of the Administration of Union Territory of Ladakh

shall be obtained and such a person after being so recognised, shall not have

the powers of an Inspector- cum-Facilitator.

(2) The Chief Inspector-cum-Facilitator may recognise an institution of

repute, having persons possessing qualifications and experience as specified

in the Schedule appended to this rule, for the purposes of preparation of plans

of building as structures to be used as factory or industrial premises to be

used for beedi and cigar work under the Code and carrying out tests,

examinations, inspections and certification for buildings, dangerous

machinery, hoists and lifts, lifting machines and lifting tackles, pressure

plant, confined space, ventilation system and such other processes of plant

and equipment, located in an establishment as stipulated in the Code and the

rules made thereunder, a competent person within such area and for such

period as may be specified.

(3) The person to be recognised as the competent person under this rule

shall not be above the age of sixty-two years and shall be physically and

medically fit for the purpose of carrying out the requisite tests, examination

and inspection.

(4) The Chief Inspector-cum-Facilitator may give a notice on portal or any

other medium in the month of May every year to recognise any person or

institute to be the competent person. The process of recognition may be

completed within a period of sixty days from last date of receipt of

application(s).

(5) Every application shall be accompanied by a fee (non-refundable)

of rupees twenty five thousand and security (refundable without interest) of

rupees one lakh to be paid by the applicant through portal which shall be

credited to the treasury in the head of account as may be specified by

Administration of Union Territory of Ladakh from time to time. A record of

such fee and security shall be maintained by the Chief Inspector-cum-

Facilitator.

(6) A person or institute seeking recognition under the Code

shall apply in Form-1 or Form-2 respectively.

SCHEDULE

[Rule 4]

Seri a l

No.

Purpose for which

competency required

Qualifications

Experience

Facilities at

disposal

Preparation

plans of buildings or

structure

used as factory or

industrial premises to

used for beedi or

Cigar work

(a) Bachelor`s

Degree in Civil or

structural

Engineering or its

equivalent fro m

recognized

university; and

(b) A Member or

Associate Member

of an:-

(i) Institution

of Civil Engineers

(India) or

(ii) The Institution

Structural

Engineers; or

(iii) The Institution

Engineers

(India) in

civil

engineering

structural

engineering. Or

(c) Bachelor's

Degree

Architect or its

equivalent

from recognised

university; and

(d) must be a

member of the

Council

Architecture

an experience of a

minimum period of

ten

years

preparation

building plans.

ii)

Must

have

knowledge software

to be used for the

purposed mentioned

above.

Must have

well-

equipped

facilities

having the

Appropriate

licenses

software

AutoCAD

or any other

to be used

for

such

purposes.

Certification

stability

buildings

structures to

used as Factory or

industrial

premises

used for beedi or

Cigar work

(iii) Bachelor`s

Degree in

Civil or

structural

Engineering or

its equivalent

from

recognized

university; and

(iv) A Member

or Associate

Member of an

(j) Institution

of Civil

Engineers

(India) or

(ii) The Institution

of Structural

Engineers; or

(iii) The

Institution of

Engineers

(India) in civil

engineering or

structural

engineering.

(i)

an experience

minimum

period of ten years

design

construction or testing

or repair of structures.

Provided

that

experience for those

who

possesses

master`s degree shall be

minimum

seven

years.

(ii)

Knowledge of non-

destructive

testing,

various standards and

Codes of practices that

are current and the effect

of the vibrations and

natural forces on the

stability of the building;

and

(iii) an ability to arrive at

a reliable conclusion

with regard to the safety

of the structure or the

building.

Must have

laboratory fully

equipped with

instrument s

required for Non-

Destructiv e Test,

Compressi on

test, Vibration

test, Live/Dead

load test,

Estimation of age

of structure,

Measuring,

Weighing. This

laboratory should

be accredited

with National

Accreditation

Board for Testing

and Calibration

laboratories.

Or Must have

empaneled any

such laboratory.

Plant/Machinery/

Equipment under

Schedule VIII,

XVII, XXXII,

XXXIII

& XXXV rule

105 framed

under section-82

and standard

framed under

Schedule II of

the Code

any other

standards framed

Central

Government or

Administration

of Union

Territory of

Ladakh from

time to time.

Bachelor’s Degree

in Mechanical or

production

Engineering or its

equivalent from

recognized

university.

(i) an experience of

working for a minimum

period of ten years in:-

(a) design or operation

or maintenance of

concerned

Plant/Machinery/Equip

men t or

(b)

testing,

examination

and

inspection of relevant

machinery, their

guards, safety devices

and appliances.

(ii) Should :-

(a)

be conversant with

safety devices and their

proper functioning

(b)

able

identify defects and

other causes leading to

the failure. Provided

that

experience for

those who

possesses

master`s degree shall be

minimum

seven

years; and

(c)

have

ability

arrive

reliable

conclusion with regard

to proper

functioning of safety

devices, appliances and

machine guards.

Gauges

for

measureme nt

and instrument s

for measureme nt

of speed and any

other

equipment

device

to determine

the safety in the

use

of the

dangerous

machine.

Hoists & Lifts

Bachelor`s Degree

in Mechanical or

Production

engineering or its

equivalent from

recognized

university.

(i) an experience of

working for a minimum

period of ten years in:-

(a) design or erection or

maintenance of hoists &

lifts or

(b)

test

and

inspection

procedure of hoists &

lifts. Provided that

experience for those

who

possesses

master`s degree shall

be minimum of seven

years.

(ii) Should :-

(a) be conversant with

the current and relevant

codes of practices and

test procedures;

(b) conversant

with

other

statutory

requirements

covering the

safety of hoists and

lifts

(c)

be able to identify

defects and arrive at a

reliable conclusion and

with

regard

the

safety of

hoists and lifts.

Lifting

Machines,

chains,

Ropes

and

Lifting

Tackles

Bachelor`s

Degree

Mechanical

Metallurgical or

Production

Engineering or its

equivalent from

recognized

university

(i) an

experience

working

for

minimum period of ten

years in:-

(a)

design

erection or maintenance

(b)

test

and

inspection procedure

of lifting

machines,

chains, ropes and

lifting

tackles.

Provided that

experience

for

those

who

possesses

master`s degree

shall

minimum

seven years.

(ii) Should :-

(a) be conversant with

the current and relevant

codes of practices and

test procedures.

(b) fracture

machines

and metallurgy of the

material

construction; and

(c)

heat treatment or

stress

relieving

techniques as applicable

stress

bearing

components and parts

of lifting machinery and

lifting tackles.

(d)

Capable of

identifying defects

and arriving at a reliable

conclusion

and

with

regard to the safety of

lifting

machinery,

chains,

ropes and lifting tackles

Pressure Plants

Bachelor`s

Degree in

Chemical or

Mechanical or

Metallurgical

or Production

Engineering its

equivalent from

recognized

university

(i) an experience of

working

for

minimum

period of ten years in:-

(a) design or erection or

maintenance or

(b)

testing, examination

and

inspection

procedure of pressure

plants.

Provided

that

experience

for

those

who possesses master`s

degree

shall

minimum

seven

years.

(ii) Should :-

Precautions

against fumes,

gases

Bachelor`s

Degree

Chemical

engineering from

recognized

university

(i) an

experience

working for a minimum

period of ten years in;

collection and analysis

environmental

samples and calibration

monitoring

equipment’s. Provided

that

experience

for

those who

possesses

masters degree shall

be minimum of seven

years.

(ii) should be

(a)

conversant

with

the

hazardous

properties of chemicals

and their permissible

limit values;

(b)

conversant

with

current

techniques

sampling

and

analysis

environmental

contaminants; and (c)

able to arrive at a

reliable conclusion as

regards the safety

in respect of entering

and carrying out hot

work

Meters,

instrument

and

devices

duly

calibrated

and

certified

for

carrying out the

test

and

certification of

safety

working

in confined

spaces.

Ventilation

system

required under

various

schedules

framed under

Section-82 of

the Code.

Bachelor`s

Degree

Chemical or

Mechanical

Engineering

its

equivalent

from

recognized

university.

(i) a

minimum of ten

years’ experience in

design,

fabrication,

testing

of ventilating

system

used for

extraction

and

collection of dust, fumes and

vapours and other

ancillary

equipment. Provided that

experience for

those

who possesses master`s degree

shall

be minimum of

seven years.

Facilities

for

testing

the

ventilating system

instrument s and

gauges for testing

the Effectiveness

extraction

system for dusts,

vapours

&fumes

and any

other equipment

needed

for

determining the

efficiency

and

adequacy

of these systems.

He shall have the

assistance of

suitable qualified

technical

person

who can come toa

reasonable

conclusion

as to the

adequacy

system.

(ii) he

shall

conversant

with

relevant codes of practice and

test procedures that

Are current in

respect of

ventilation

and extraction

system for fumes and

(iii) be able to arrive at a

reliable

(iv) conclusion with regard to

effectiveness of the system

9. Plant/Machinery/

Equipment under

schedule

XI,XIII,XVI,XIX

XXII

under

rule 105

framed under

section-82

Bachelor’s

(i) an experience of working

for a minimum period of ten

years in:-

(c) design or operation or

maintenance of concerned

Plant/Machinery/Equipment

(d)

testing, examination and

inspection

relevant

machinery,

their

guards,

safety

devicesand appliances.

(ii) Should :-

(d)

be conversant with safety

devices

and

their

proper

functioning

(e)

able

identify

defects and

other causes leading to the

failure.

Provided

that

experience for those who

possesses

master`s degree shall be

minimum of seven years; and

(f) have ability to arrive at a

reliable

conclusion

with

regard to

proper functioning of safety

devices,

appliances

and

machine guards

Gauges for

Degree in

measurement and

Chemical

instrument s for

Engineering

measurement of

or its

speed and any

Equivalent

other equipment

From

or device to

Recognized

determine the

university.

safety in the use of

the dangerous

machine.

(7) If the qualifications and experience of the person(s) proposed to be recognized

are found to be in accordance with these rules, the person may be called to appear for

a test and interview before the Interview Board to be constituted by the Chief Inspector-

cum-Facilitator.

(8) The Chief Inspector-cum-Facilitator based on the result of test and report of the

interview Board and after satisfying himself as regards the competence and facilities

available at the disposal of the applicant, may recognise the applicant as the competent

person by issuing a certificate of competency in Form-03 or such application shall be

disposed of by rejecting the same specifying reasons thereof.

(9) 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 to the competent person for being heard.

(10) If the certificate of competency is revoked, the security deposited by the competent

person shall be forfeited.

(11) Following leading technical Institutions in the UT of Ladakh having Civil

(Diploma) or Structural Engineering courses shall be the competent person for the

purpose of certification of buildings and their stability to be used as Factory , namely:-

(i) Government Polytechnic College, Leh

(ii) Government Polytechnic College, Kargil; and

(iii) any other institute, having courses in Civil or Structural Engineering and approved

by AICTE, as may be notified by the Administration of Union Territory of Ladakh.

(12) The certification done by the institutions referred in sub-rule (11) shall be

accepted only when such certification is signed by the Head of the Civil or Structural

Engineering Department and Head of the Institution.

5. Hazardous Substance:— Hazardous Substance means any chemical along with

quantity as specified in the sub-clause (ii) and (iii) of clause (e) of rule 2 of the

Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 as amended

from time to time.

CHAPTER-II

REGISTRATION

6. Registration of establishment.—

(1) The application referred to in sub- section(1)of section 3 of the Code, shall be made to the

Registering Officer, appointed under clause (b) of sub section (1) of section 3 of the Code, in

Form- 04 through portal giving details about the establishment and uploading documents

relating to the registration of establishment and proof of identity and address of the employer.

The applicant shall be responsible for veracity of all the information submitted.

(1) Every application, referred to in sub-rule (1), shall be digitally or electronically

signed by the employer.

(2) Every application referred to in sub-rule (1), shall be accompanied by the fee

specified in the schedule under sub-rule (6).

(3) The employer in respect of any establishment registered under any Central law shall

update the registration particulars on the portal within six months from date on which

these rules come into force.

(4) Every application referred to in sub-rule (1), shall be accompanied by the

information on inter-state migrant workers in Form-05.

(5) The fee to be paid for registration of an establishment shall be as per the Schedule

given below:-

SCHEDULE

Number of employees

to be employed

Fee for Registration

Up to 20

1000

21-50

2000

51-100

3000

101-150

5000

151-200

7500

201-250

10000

251-500

12500

501-750

15000

751-1000

17500

1001-1500

20000

1501-2000

25000

2001-3000

30000

3001-5000

40000

Above 5000

50000

(6) If there is any increase in the number of employees to be employed in the

establishment subsequent to its registration, then the differential amount as per the

schedule under sub-rule 6 shall be payable by the employer concerned.

(7) The responsibility under this rule shall entirely lie with the employer of the

establishment.

7. Grant of certificate of registration.— (1) The registering officer, after receiving

the application under sub-rule (1) of rule 6, shall register the establishment and

issue a certificate of registration electronically to the employer thereof in such form and

within such time and subject to such conditions as may be prescribed by the Central

Government.

Provided that if the Registering Officer fails to issue registration to an

establishment, in case application complete in all respects so made or to entertain the

application within the period prescribed by Central Government, then such

establishment shall deemed to have the registration certificate issued immediately after

the expiration of such period.

(2) The registering officer shall maintain a register in Form-6, showing the particulars

of establishment in relation to which the certificate of registration has been issued by

him.

8. Amendment of registration certificate:— Where, the Registering Officer is

satisfied that a change has occurred in the particulars of the establishment, as entered

in the register in Form-06, he shall amend the said register and record therein the

change which has occurred and certificate of registration shall be amended accordingly.

9. Late fee for registration:— If the application for registration is not made within

the time, as specified in sub-section (1) of section 3, a late fee of twenty five percent

of fee payable as specified in the schedule under sub-rule (6) of rule 6 shall be charged.

10. Payment of Fees for registration:— The fees payable under rules 6 and 9 shall

be paid through the portal. Such fee shall be credited to the treasury in the head of

account as may be specified by the Administration of Union Territory of Ladakh from

time to time.

11. Notice of commencement and cessation:—The employer shall, before the period

of fifteen days of the commencement, give notice of commencement in Form-07 on the

portal to the registering officer and Inspector-cum-Facilitator appointed for class of

establishment and the employer shall, within the period of thirty days of the cessation,

submit a written notice in Form-08 on the portal to the registering officer and Inspector-

cum-Facilitator appointed for class of establishment.

CHAPTER-III

DUTIES OF EMPLOYER, EMPLOYEES ETC.

12. Medical examination of employees:— (1) Every employer of an factory, beedi or

cigar work and building or construction work shall arrange to conduct free of cost

medical examination for all the employees above the age of forty-five years annually

within one hundred and twenty days from the commencement of the year as per the

Schedule given under this rule.

Provided that all the employees irrespective of age or type of establishment, engaged

in handling of hazardous substance or hazardous process or dangerous operations shall

be medically examined bi-annually within thirty days from the 1st day of January and

July.

(2) The record of medical examination shall be maintained in Form-09 electronically

or otherwise and shall be made available to the Inspector-cum-Facilitator for

inspection, whenever required.

SCHEDULE

General

Establishments ^Blood

Urine

X ray

Establishments

dealing with

Hazardous

Process or

Hazardous

Substance or

Hazardous

Blood

Urine

X ray

PFT

Sputum Audiometry

(if

applicable)

Any Other

test

recommen

d ed by

Inspector-

cum-

Facilitator

-cum-

Waste

Facilitato

declared

under the

code

Appointment letter to employee.- Every employer shall issue an appointment letter to every employee

required to work in an establishment in the format as mentioned below:

1. Name of the employee:

2. Name of employee`s father/husband/mother:

3. Identification Number of employee:

4. Name and address of establishment:

5. (a) Registration number :

(b) Labour Identification Number:

6. Designation:

7. Terms of Service (including but not limited to Skill category):

8. Wages (basic and other allowances , dearness allowance):

9. Any other information:

Employer seal and signature.

13. Notice of accident :— (1) When any accident which results in the death of any

person, the employer of the establishment, shall inform the Registering Officer or

Designated Authority as the case may be, and the Chief Inspector-cum-Inspector

within twelve hours from time of accident and shall also inform the following:

(a) District Magistrate or Sub-Divisional Magistrate;

(b) the Officer-in-charge of the Police Station;

(d) to the authorities of the concerned state in case of inter-state migrant worker.

(2) An information given as required under sub-rule (1) shall be subsequently confirmed

by the employer of the establishment to the authorities mentioned in sub- rule (1) within

twenty-four hours of the accident by sending them a report in Form- 10.

(3) When any accident takes place in an establishment and it causes such bodily injury

to any person as prevents the person injured from working for a period of forty- eight

hours or more immediately following the accident the employer of the establishment

shall send a report thereof to the Chief Inspector-cum-Facilitator in Form-10 within

twenty four hours after the expiry of the forty-eight hours from the time of the accident:

Provided that if in the case of an accident, death occurs of any person injured

by such accident after the notices and reports referred to in the foregoing sub-rule have

been sent, the employer of the establishment shall forthwith send an intimation thereof

by telephone, special messenger or email to the authorities and persons mentioned in

sub-rules (1);

Provided further that, if the period of disability from working for forty-eight

hours or more referred to in sub-rule (4) does not occur immediately following the

accident but later on occurs in more than one spell, the report shall be sent to the

Registering Officer as Designated Authority as the case may be and the Chief

Inspector-Cum-Facilitator in Form-10 within twenty-four hours immediately following

the hour when the actual total period of disability from working resulting from the

accident becomes forty-eight hours.

14. Notice of Dangerous Occurrence: — (1) When any dangerous occurrence

specified in the Schedule given under this rule takes place in an establishment, the

employer of the establishment shall forthwith send a notice in Form-11 thereof by

telephone, special messenger or email within twelve hours to, -

(a) Sub-Divisional Magistrate;

(b) Chief Inspector-cum-Facilitator;

(c) the Officer-in-charge of the Police Station; and

(d) Registering Officer or Designated Authority as the case may be.

SCHEDULE

The following class of occurrence shall be dangerous occurrence within the

meaning of this rule:-

(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 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 opencast working; a blowout;

(xv) a failure of any structure or installation whereby the safety of persons may be

endangered; or spark generated due to electrical flash-over causing burn injury to any

person;

(xvi) a major uncontrolled emission of petroleum or chemical spillage;

(15) Notice of Disease:— (1) A notice in Form-12 shall be sent forthwith to the Registering Officer

or Designated Authority as the case may be, Chief Inspector- cum- Facilitator and to the

qualified medical practitioner by the employer of an establishment in which disease specified

in the Third Schedule appended to the Code occurs.

(2) The Qualified medical practitioner shall send a report in writing to the office of the

Chief Inspector-cum-Facilitator in Form-12 through E-mail within forty eight hours

from the time the disease specified in the Third Schedule appended to the Code came

to his knowledge.

(16)

Manner of making report by employee:— The employee shall submit the

report in Form-13 to the Safety Committee or Safety Officer or Employer with

regard to unsafe or unhealthy situation.

(17) Manner of sending report of action taken:—An Employer or Employee of an

establishment shall submit the report in Form-14 to the Inspector-cum-Facilitator

appointed for such class of establishment within twenty-four hours from the time

remedial action is taken with regard to the imminent danger.

CHAPTER-IV

OCCUPATIONAL SAFETY AND

HEALTH

(18)

Constitution of the Ladakh Occupational Safety and Health Advisory Board:—

(1) The Ladakh Occupational Safety and Health Advisory Board (hereinafter referred

to in these rules as the Board) shall consist of the following, namely:-

(i)

Secretary(Labour), Administration of Union Territory of Ladakh-Chairperson (Ex

officio)

(ii) Labour Commissioner, Union territory of Ladakh -

Member secretary

(iii) Secretary, Department of Industries, Ladakh-

Member

(iv) Secretary, Department of Local Government, UT, Ladakh- Member

(v) Secretary, Department of Housing and Urban Development, Union territory of Ladakh -

Member

(vi) Secretary, Department of PWD (B&R), Union territory Ladakh - Member

(vii) Secretary, Department of Water Resources, Union territory of Ladakh -Member

(viii)

A Secretary, Department of Water Supply & Sanitation, Union territory of

Ladakh -

Member

(ix) Regional Director, Employees’ State Insurance Corporation - Member (ex-officio)

(x) Director, Health Services, Union territory of Ladakh - Member (ex-officio)

(xi) Chairman, Union territory of Ladakh Pollution Control Board -Member

(xii) Three representatives of employers to be nominated by Administration of Union

Territory - Members

(xiii) Three representatives of employees to be nominated by Administration of Union

Territory Ladakh - Members

(xiv) Three eminent persons connected with the field of occupational safety and health,

or representatives from reputed research institutions or similar other discipline

to be nominated by Administration of Union Territory Ladakh- Members

(2) The terms of office of the members referred to in clauses (xii), (xiii), and (xiv) shall

be of three years.

(19)

Notice of meeting and the agenda:— Notice intimating the date, time and

venue of every meeting together with agenda, to be discussed at the meeting, shall be

sent by registered post, email or by special messenger, to each member fifteen days

before the meeting:

Provided that when the Chairperson calls a meeting for the consideration of any

matter, which in his opinion is urgent, notice of not less than three days shall be deemed

sufficient.

(20)

Absence from the Union Territory:— If any member leaves the Union

territory of Ladakh for a period of not less than six months without intimation to

the Chairperson, he shall be deemed to have resigned from the Board.

(21)

Transaction of business:— Every question considered at a meeting of the

Board shall be decided by a majority of the votes of the members present and voting

and in the event of equal votes, the Chairperson shall have and exercise a casting vote.

(22)

Quorum:— No business shall be transacted at any meeting of the Board,

unless at least ten members are present.

(23)

Minutes of the meeting:— The minutes of every meeting, duly approved by

the Chairperson, shall be recorded by the Member- Secretary of the Board which shall

be a permanent record.

(24)

Fees and allowances:— Every non-official member of the Board shall be

paid the fees and allowance for attending a meeting of the Board at such rates as may

be fixed by the Administration of Union Territory of Ladakh from time to time.

(25)

Resignation :—A member of the Board, not being an ex-officio member,

may resign his office by a letter in writing addressed to Administration of Union

Territory of Ladakh and the Office of such a member shall fall vacant from the date on

which his resignation is accepted by Administration of Union Territory of Ladakh , or

on the expiry of thirty days from the date of receipt of the letter of resignation by the

Administration of Union Territory of Ladakh whichever is earlier.

(26)

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 of the Chairperson for such absence, he shall cease to be member

of the Board:

Provided that the Administration of Union Territory of Ladakh may, if it is

satisfied that such member was prevented by sufficient cause from attending three

consecutive meetings of the Board, direct that such cessation shall not take place and

on such direction being made, such member shall continue to be a member of the Board.

(27)

Disqualification for membership. :— (1) A person shall be disqualified for

being reappointed, and for being a member of the Board,—

if he is of unsound mind and stands so declared by a competent court; or

b. if he is an un-discharged insolvent; or

c. if he has been or is convicted of an offence which, in the opinion

of the Administration of Union Territory of Ladakh , involves moral

turpitude.

(2) If a question arises as to whether a disqualification has been incurred under sub-

rule (1) or not, the Administration of Union Territory of Ladakh shall decide the same.

(28)

Removal from Membership:— The Administration of Union Territory of

Ladakh may remove from office any member of the Board, if in its opinion such a

member has ceased to represent the interest which he purports to represent in the Board:

Provided that no such member shall be removed, unless a reasonable opportunity

is given to him for making any representation against the proposed action.

(29)

Manner of filling vacancies:— When a vacancy occurs or is likely to occur in

the membership of the Board, the Member Secretary of the Board shall submit a report

to the Administration of Union Territory of Ladakh and on receipt of such report,

Administration of Union Territory of Ladakh may, by notification, nominate a person

to fill the vacancy and the person so nominated shall hold office for the remainder of

the term of office of the member in whose place he is nominated.

(30)

Collection and extraction of safety and health statistics:— (1) Every

employer shall submit the details of occupational safety and health statistics to the

Administration of Union Territory of Ladakh as well as to the office of Director

General, Labour Bureau electronically on portal in such form and manner as may be

prescribed by the Central Government from time to time.

(2) Every inter-State migrant worker, whether employed or self-employed in the UT,

Ladakh shall get himself registered on portal as may be developed for such purposes

either by Administration of Union Territory of Ladakh or Central Government.

(31) Safety Committee:— (1) In every establishment:—

(a)

wherein two hundred and fifty or more employees are ordinarily employed; or

(b) which handles an hazardous substance as defined in clause (zb) of section 2 and

employs fifty or more employees; or

(c)

which carries on any hazardous process as defined in clause (za) of section 2

or carries operation declared to be dangerous under the Code and employs fifty

or more employees, there shall be a Safety Committee to be set up by the

employer.

(2) The representatives for the management of Safety Committee shall include;-

(a)

a senior official, who by virtue of his position in the establishment can contribute

effectively to the functioning of the Committee. Such a senior official shall be

the Chairman of the Safety Committee;

(b)

a Safety Officer or Medical Officer, wherever available and the Safety Officer

in such a case shall be the Secretary of the Safety Committee; and

(c)

a representative each from the human resource, production, maintenance and

purchase departments.

(3)

The employees’ representatives of this Committee shall be elected by the

employees.

(4)

The tenure of the Committee shall be two years.

(5)

The Safety Committee shall meet as often as necessary but at least once in every

quarter. The minutes of the meeting shall be recorded and produced to the

Inspector-cum-Facilitator on demand.

(6)

The Safety Committee shall have the right to,—

(a)

ask for necessary information concerning health and safety of the employees;

and

(b)

seek any relevant information concerning health and safety of the employees.

(7)

The functions and duties of the Safety Committee shall include,—

(a)

assisting and co-operating with the management in achieving the aims and

objects outlined in the Health and Safety Policy of the establishment;

(b)

dealing with all matters concerning health, safety and environment and to arrive

at practicable solutions to problems encountered;

(c)

creating safety awareness amongst all employees;

(d)

undertaking educational, training and promotional activities;

(e)

deliberating on reports of safety environmental and occupational health surveys,

emergency plans, safety audits, risk assessment and implementation of the

recommendations made in the reports;

(f)

carrying out health and safety surveys and identifying causes of accidents;

(g)

looking into any complaint made on the likelihood of an imminent danger to the

safety and health of the employees and suggest corrective measures; and

(h)

reviewing the implementation of the recommendations made by it.

(8)

Where owing to the size of the establishment, or any other reason, the functions

referred to in sub-rule (7) cannot be effectively carried out by the Safety

Committee, it may constitute such sub-committees, as may be required to assist

it.

Provided that the establishments other than audio-visual production, Building or

other Construction work, factory or plantation may constitute a safety committee in

such a manner as approved by Chief Inspector-cum- Facilitator based on the following

conditions: -

(i)

The establishment has a safety committee consisting of equal representatives of

employers and workers;

(ii)

the safety committee performs the functions mentioned in Rule 32(7);

(iii)

the details of the committee are available to all the employees; and

(iv)

the Safety Committee shall meet as often as necessary but at least once in every

quarter. The minutes of the meetings shall be recorded and produced to the

Inspector-cum-Facilitator on demand.

(32) Safety Officer:— (1)(a). There shall be one Safety Officer,- for factories

employing between five hundred and one thousand workers:

Provided that for the purposes of this clause, there shall be an additional Safety

Officer for every five hundred workers or a fraction thereof; or

(b) for factories carrying on hazardous process or establishments carrying on

building or other construction works, employing between two hundred fifty

workers and five hundred workers.

Provided that for the purposes of this clause, there shall be an additional Safety

Officer for every two hundred fifty workers or a fraction thereof.

(2)

A person shall not be eligible for appointment as a Safety Officer, unless he,-

(i)

possesses a degree of a recognised university or institution in any branch of

Engineering or Technology and has practical experience of working in a factory

or building or other construction work in a supervisory capacity for a period of

not less than two years or possesses a degree in Physics or Chemistry from a

recognised university or institution and has practical experience of working in a

factory or building or other construction work in a supervisory capacity for a

period of not less than five years, or possesses a recognised diploma in any

branch of engineering or technology and has practical experience of working in

a factory or building or other construction work in a supervisory capacity for a

period of not less than five years;

(ii)

possesses a diploma or degree in industrial safety or occupational safety and

health recognised by All India Council for Technical Education or University

Grants Commission; and

(iii)

has adequate knowledge of language spoken by majority of the workers in the

region in which the factory or building or other construction work where he is to

be appointed, is situated.

(3)

Notwithstanding anything contained in sub-rule (2), any person who possesses

a degree or diploma in Engineering or Technology of a recognised university or

institution and has an experience of not less than ten years in a department of the

Central Government/State Government Administration of Union Territory of

Ladakh which dealt with the administration of the Factories Act, 1948 or the

Indian Dock Labourers Act, 1934 or the Building and Other Construction

Workers (Regulation of Employment and Conditions of Service) Act, 1996 or

deals with the Code Occupational Health, Safety and Working Conditions Code

2020, shall also be eligible for appointment as a Safety Officer:

Provided that in the case of a person who has been working as a Safety Officer

in an establishment for a period of not less than three years on the date of

commencement of these rules, the Chief Inspector-cum-Facilitator may, subject

to conditions as he may specify, relax all or any of the above said qualifications.

(4)

The occupier of the factory or employer of building or other construction

establishment, as the case may be, shall inform the Chief Inspector-cum-

Facilitator and the Inspector-cum-Facilitator of the area about appointment of

the Safety Officer or Chief Safety Officer within seven days from such

appointment.

(5)

The Chief Inspector-cum-Facilitator may endorse such appointment if it is in

accordance with the section 22 of the Code and this rule.

(6)

Where more than one Safety Officers are appointed in an establishment, one of

them shall be designated as the Chief Safety Officer and shall be the overall in

charge of the Safety functions as envisaged in sub-rule (10).

(7)

The Chief Safety Officer or the Safety Officer in the case of an establishment

where only one Safety Officer is required to be appointed, shall be given the

status of a senior executive and shall work directly under the control of the

employer.

(8)

The scales of pay and allowances to be granted to the Safety Officers, including

the Chief Safety Officer, and the other conditions of their service shall be the

same as those of the officers of corresponding status in the establishment.

Against the order of dismissal or discharge, a Safety officer shall have the right

of appeal to the Administration of Union Territory of Ladakh.

(9)

Following shall be the duties of a Safety Officer, namely :—

(i)

to advise and assist the management of the establishment in the fulfilment

of its obligations, statutory or otherwise, concerning prevention of personal

injuries and maintenance of a safe working environment;

(ii)

to advise the concerned departments in planning and organising measures

necessary for the effective control of person injuries;

(iii)

to advise on safety aspects in all job studies, and to carry out detailed job safety

studies of selected jobs;

(iv)

to check and evaluate the effectiveness of the action taken or proposed to be

taken to prevent personal injuries;

(v)

to advise the purchase and stores departments in ensuring high quality and

availability of personal protective equipment;

(vi)

to advise on matters relating to plant safety inspections;

(vii)

to carry out plant safety inspections in order to observe the physical conditions

of work and the work practices and procedures followed by workers and to

render advice on measures to be adopted for removing the unsafe physical

conditions and preventing unsafe actions by workers;

(viii)

to tender advice on matters relating to reporting and investigation of industrial

accidents and occupational diseases;

(ix)

to investigate accidents;

(x)

to investigate the cases of occupational diseases contracted and dangerous

occurrences reportable under the Code ;

(xi)

to advise on the maintenance of such records as are necessary relating to

accidents, dangerous occurrences and occupational diseases;

(xii)

to promote setting up of safety committees and act as advisor and convener to

such committees;

(xiii)

to organise in association with the concerned departments of the establishment

campaigns, competitions, contests and other activities which will develop and

maintain the interest of the workers in establishing and maintaining safe

conditions of work and procedures; and

(xiv)

to design and conduct either independently or in collaboration with the training

department of the establishment, suitable training and educational programmes

for the prevention of personal injuries.

(10)

An employer of the establishment shall provide each Safety Officer with such

facilities, equipment and information as are necessary to enable him to discharge

his duties effectively.

(11)

No Safety Officer shall be required or permitted to do any work which is

inconsistent with or detrimental to the performance of the duties specified in

sub-rule (10).

CHAPTER-V

HOURS OF WORK AND ANNUAL LEAVE WITH WAGES

(33) Conditions relating to weekly holidays: — (1) No worker shall be required or

allowed to work in an establishment on the first day of the week (hereinafter

referred to as the said day), unless-

a. he has or will have a holiday for a whole day on one of the three days

immediately before or after the said day; and

the employer of the establishment has, before the said day or the

substituted day under clause (a), whichever is earlier,-

i. delivered a notice at the office of the Inspector-cum-Facilitator of his

intention to require the worker to work on the said day and of the day

which is to be substituted, and

ii. displayed a notice to that effect in the establishment:

Provided that no substitution shall be made which will result in any worker

working for more than ten days consecutively without a holiday for a whole

day.

(2)

Notices given under sub-rule (1) may be cancelled by a notice delivered at the

office of the Inspector-cum-Facilitator and a notice displayed in the

establishment not later than the day before the said day or the holiday to be

cancelled, whichever is earlier.

(3)

Where, in accordance with the provisions of sub-rule (1), any worker works on

the said day and has had a holiday on one of the three days immediately before

it, that said day shall, for the purpose of calculating his weekly hours of work,

be included in the preceding week.

(34) Conditions relating to compensatory holidays:— (1) Where, a worker is

deprived of any of the weekly holidays for which provision is made under sub-

rule(1) of rule 34, he shall be allowed, within the month in which the holidays

were due to him or within the two months immediately following that month,

compensatory holidays of equal number of the holidays so lost.

(2)

Except in the case of workers 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 shall be so spaced that not more

than two holidays are given in one week.

(3)

The employer 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 31 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.

(5)

The employer shall maintain required entries as prescribed in Form-16.

(35) Extra wages for overtime :— (1) In pursuance of section 27, 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 as per Code on Wages

2019 and rules made thereunder.

(2)

In calculating overtime on any day, a fraction of an hour between thirty to forty

five minutes shall be counted as forty five minutes and in case of more than

forty five 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 may exceed twelve hours in any one day under

the following works and circumstances in all establishments, except those

covered as factories, namely:-

(a)

urgent repairs;

(b)

work in the nature of preparatory or complimentary work;

(c)

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;

(d)

work which for technical reasons must be carried on continuously;

(e)

engaged in making or supplying articles of prime necessity which must be

made or supplied every day;

(f)

engaged in a process which cannot be carried on, except during fixed seasons;

(g)

engaged in a process which cannot be carried on, except at times dependent on

the irregular action of natural forces;

(h)

engaged in an engine-rooms or boiler-houses or in attending to power-plant or

transmission machinery;

(i)

engaged in a process on account of the break-down of machinery;

(j)

engaged in the loading or unloading of railway wagons or lorries or trucks;

(k)

exceptional press of work; and

(l)

engaged in any work, which is notified by the Administration of Union

Territory of Ladakh in the Official Gazette as a work of public importance.

(36) Total number of hours of overtime:— The total number of hours for

overtime shall be subject to the following conditions, namely:—

(i)

the total number of hours of work in any day shall not exceed twelve;

(ii)

the spread over, inclusive of intervals for rest, shall not exceed thirteen hours in

any one day;

(iii)

the total number of hours of work including overtime shall not exceed

seventy two; and

(iv)

no worker shall be allowed to work overtime for more than seven days at a

stretch and the total number of hours of overtime work in any quarter shall not

exceed one hundred and fifty hours.

(37) Restriction of double employment:—An adult worker may be employed, in more than one

factory on the same day, with the previous approval of the Inspector-cum-Facilitator, subject

to the following conditions, namely:-

(i) He shall not be employed for more than eight hours in all on any one day.

(ii) He shall receive a weekly holiday in accordance with the provisions of section 26.

(iii) Every worker who is required to work in another factory on the same day shall carry

with him a card in which the following particulars shall be entered by the occupier of the first

factory,

(a) His normal periods of work as the notice of period of work, for the day.

(b) The period or periods he has worked in the first factory for the day.

(iv) The occupier of the second factory in which he is to work for the rest of the day shall

enter in the card the period or periods he has worked for the day in his factory. The occupier

of both the factories in which the worker has worked for the day on the same day shall send

to the Inspector cum facilitator, an extract of the card mentioned above not later than three

days from the date on which the worker has so worked in the two factories on the same day.

(38) Notice of periods of work:— (1) There shall be displayed and correctly

maintained in every establishment , a notice of periods of work for adults,

showing clearly for every day the periods during which workers may be required

to work in Form-15.

(2)

The periods shown in the notice required by sub-rule (1) shall be fixed

beforehand and copy shall be submitted to the Inspector-cum-Facilitator.

(3)

Where all the workers in an establishment are required to work during the same

periods, the employer of the establishment shall fix those periods for such

workers generally.

(4)

Where all the workers in an establishment are not required to work during the

same periods, the employer of the establishment shall classify them into groups

according to the nature of their work indicating the number of workers in each

group.

(5)

For each group which is not required to work on a system of shifts, the employer

of the establishment shall fix the periods during which the group may be required

to work.

(6)

Where any group is required to work on a system of shifts and the relays

are not to be subject to predetermined periodical changes of shifts, the employer

of an establishment shall fix the periods during which each relay of the group

may be required to work.

(7)

Where any group is to work on a system of shifts and the relays are to be subject

to predetermined periodical changes of shifts, the employer of an establishment

shall draw up a scheme of shifts where under the periods during which any relay

of the group may be required to work and the relay which will be working at any

time of the day shall be known for any day.

(8)

In the case of an establishment beginning work after the commencement of the

Code, a copy of the notice referred to in sub-rule (1) shall be sent electronically

to the Inspector-cum-Facilitator appointed for such class of establishment before

the day on which work is to begin in an establishment.

(9)

Any proposed change in the system of work in any establishment which will

necessitate a change in the notice referred to in sub-rule (1) shall be notified

electronically to the Inspector-cum-Facilitator appointed for such class of

establishment before the change is made, and except with the previous sanction

of the Inspector-cum-Facilitator appointed for such class of establishment, no

such change shall be made until one week has elapsed since the last change.

CHAPTER-VI

REGISTERS, RECORDS, AND RETURNS

(39) Register of adult workers:— Such register shall be same as the employer shall

maintain a register of employees in such form, as may be prescribed by the rules

made by the Administration of Union Territory of Ladakh under the Code on Wages,

2019

(40) Register of adolescent workers. :—Such register shall be same as the employer

shall maintain a register in such form, as may be prescribed by the rules made by the

appropriate Government under the Child and Adolescent labour (Prohibition and

regulation) Act 1986 as amended from time to time.

(41) Attendance record:— (1) Muster-roll :—

a. The employer of every establishment shall maintain a muster-roll of all the

workers employed in the establishment in Form-16 electronically or otherwise

showing:—

i. the name of each worker;

ii. the nature of his work; and

iii.

the daily attendance of the worker.

b. In case of establishments employing more than hundred workers, attendance

shall be marked within one hour and in other cases within half an hour of the

start of the duty.

c. The register maintained under this sub-rule shall be preserved for a period of

three years after the last entry in it and shall be produced before the Inspector-

cum-Facilitator on demand.

(2) Attendance Card

(a)

No worker shall be required or allowed to work unless he has in his possession

attendance card with up to date entries, in Form-17 to be supplied by the

employer. The attendance card shall always remain with the worker. The

employer or his authorised person shall demand it only to make relevant entries

therein, whenever necessary.

(b)

If a worker loses his attendance card, the employer shall provide him/her with

another copy duly completed from his record on payment of twenty-five rupees

within two days of the payment.

Nothing in sub-rule (2) shall be applicable to an establishment having an arrangement

of attendance system satisfying the following conditions:-

The system must have biometric identity verification capability;

II.

the data must be safe so as to prevent identity theft ;

III.

the system must be kept functional always;

IV.

there must be sufficient number of access points or kiosks;

MIS reports with the queries of daily and weekly hours worked/ overtime hours/

leave record/absenteeism / weekly holidays/gender/ personal details of the

employee must be made available to the employees;

VI.

the system may have integration to payroll management systems;

VII.

the data of the system should be backed up daily with logs of any changes

made on the local and external servers used for backup purposes only; and

VIII. regulatory authorities must be given access to the system as well as

backup servers.

(42) Register of accidents and dangerous occurrences:— The employer of every

establishment shall maintain a register of accidents and dangerous occurrences in

Form-18 electronically or otherwise.

(43)

Register of leave with wages:— (1) The employer shall maintain a register

of leave with wages in Form-19 electronically or otherwise and the name of each

worker shall be entered in this register during the month, in which the worker is taken

in employment.

(2) The register of leave with wages shall be preserved for a period of three years after

the last entry in it and shall be produced before the Inspector-cum-Facilitator on

demand.

(44)

Register of Overtime. :— (1) The employer of every establishment, in which

workers are exempted by order or rule, shall make the relevant entries in the Form-

16, of all the exempted workers.

(2) Period of overtime work shall also be entered in overtime slips which shall be

prepared in duplicate and an overtime slip duly signed by the employer or by a person

duly authorised by him shall be given to the worker immediately after completion of

the overtime work:

Provided that if the Chief Inspector-cum-Facilitator is satisfied that because of the

nature of work carried out in the establishment, it is not possible to issue daily slips to

the workers he may permit issue of weekly slips to the workers.

(45)

Register of wages:—The employer shall maintain a register of wages in

respect of employees in such form, as may be prescribed by the rules made by the

appropriate Government under the Code on Wages, 2019

(46) Names of authorities:—There shall be a notice displayed at conspicuous place

near main entrance of the establishment carrying the names and address of authorities

under the Code in Form-20.

(47) Display of certificates and licenses:— The employer of every establishment

shall display a notice carrying registration certificates and licenses issued under the

code at entrance of establishment .

(48) Display of name and address of establishment:— (1) A board containing the

name and address of the establishment shall be displayed outside the establishment

near the main entrance.

(2) Two third of the upper area of the board to be displayed as per sub-rule 1 shall be

in English language and the rest of the area shall be in any other language recognized

by the Constitution of India.

(49) Wage Slip:— Every employer shall issue wage slips, electronically or otherwise,

to the employees in such form, as may be prescribed, by the rules made by the

appropriate Government under the Code on Wages, 2019 on or before the Payment of

Wages.

(50)

Annual return:— Every employer of an establishment shall send annually, a

return relating to such establishment in Form-21 on the portal not later than 28th

February following the end of each calendar year with a copy to the Director General,

Labour Bureau, electronically.

CHAPTER VII

INSPECTORS AND OTHER

AUTHORITIES

(51) Qualifications and experience of Chief Inspector-cum-Facilitator:— The

Administration of Union Territory of Ladakh may appoint any person as the Chief

Inspector-cum- Facilitator who,-

(1)

Possesses Bachelor`s degree in Engineering in any discipline with at least ten

years’ experience as an Inspector under the Factories Act, 1948 or Inspector-

cum-Facilitator under the Code; or

(2)

Is an officer of Indian Administrative Service in the cadre of Administration of

Union Territory of Ladakh.

(52) Powers of Inspector-cum-Facilitator for plantation:— The Inspector-cum-

Facilitator may ask for any type of record and may record statement of any person in

relation to the establishment or premises carrying plantation as per clause (zx) of

section 2.

(53) Manner of taking samples of any article or substance found in any premises

and work environment:— (1) The Chief Inspector-cum-Facilitator shall recognise

any laboratory accredited with the National Accreditation Board for Testing and

Calibration Laboratories for taking samples and giving analysis report required under

the Code.

(2)

A notice on employer of the establishment from where or in vicinity of which

sample is to be taken shall be served in Form-22 by the Inspector-Cum-

Facilitator appointed for class of such establishment.

(3)

The recognised laboratory on the order issued by the Inspector-cum- Facilitator

appointed for class of such establishment in writing or on request from the

employer shall take samples.

(4)

Sample shall be taken in the presence of employer himself or any person

authorised by him.

(5)

Samples shall be collected in two parts and shall be placed in containers which

shall be sealed, marked and signed by the person collecting sample as well

as the employer or any person authorized by him.

(6)

One part of sample collected and placed, shall be handed over to the employer

or his authorised person present and the other part one shall be sent forthwith to

the laboratory for analysis.

(7)

The report of the laboratory shall be recorded in Form-23 in triplicate and signed

by the Analyst of the laboratory and sent to the Inspector-cum- Facilitator from

whom the order for sampling is received within seven days from the date of

completion of analysis of sample.

(8)

The expenditure of the sampling and analysis shall be borne by the employer of

the establishment.

(9)

On receipt of the report from the laboratory, the Inspector-cum-Facilitator shall

send one copy of the same to the employer of establishment from whom the

sample was taken for analysis, the second copy shall be retained by him for his

record and the third copy shall be sent to the Chief Inspector-cum- Facilitator

along with recommendation, for further action.

(54) Other powers of Inspector-cum-Facilitator :— An Inspector-cum-Facilitator

shall, for the purposes of the execution of the powers assigned to him under the

Code within the local limits of his jurisdiction, have power to do all or any of the

following things, namely:-

a. to photograph any person, to inspect, examine, measure, copy, photograph,

sketch or test, as the case may be, any building or room, any plant, machinery,

appliance or apparatus, any register or document or anything provided for the

purpose of securing the health, safety or welfare of the employees employed in

an establishment;

b. in the case of an Inspector-cum-Facilitator who is a duly qualified medical

practitioner, to carry out such medical examinations, as may be necessary for the

purposes of his duties under the Code.

c. to prosecute, conduct or defend before a Court any complaint or other proceeding

arising under the Code or in discharge of his duties as an Inspector- cum-

Facilitator.

d. to issue such orders to other departments or agencies to comply with the orders

issued under sections 3, 38 or any other section as specified.

(55) Qualifications and experience of experts to be empaneled:— The

qualifications, experience and eligibility for empanelment as an expert shall be

are as follows:-

(i)

Bachelor`s Degree in engineering in any discipline;

(ii)

experience of at least ten years in the field of occupational safety and health;

(iii)

diploma or degree in industrial safety or occupational safety and health

recognised by All India Council for Technical Education or University Grants

Commission;

(iv)

medical fitness declared by the Civil Surgeon; and

(v)

age not more than sixty five years.

(56) Manner of providing alternative employment:— Every occupier of a factory

as the case may be, shall provide employment to the affected workers in other

areas of the establishment wherever possible:

Provided that the wages of the affected person shall not be reduced due to

alternate employment.

Explanation: For the purpose of this sub-rule "imminent danger" may also include:

a. "any conditions or practices which are such that a danger exists which could

reasonably be expected to cause death or serious physical harm to the person in

employment or people in vicinity immediately or before the imminence of such

danger can be eliminated through the enforcement procedures".

a situation as immediately dangerous to life or health

c. Other hazards and situations as determined by hazard analysis conducted by

empaneled expert(s).

(57) Qualifications for the appointment of medical practitioner as medical

officer in relation to establishment:— Following shall be the qualifications for the

appointment of medical practitioner as medical officer in relation to factory, mines,

plantation, motor transport undertakings and in any other establishments namely:-

(i)

Should possesses any recognised medical qualification as defined in the National

Medical Commission Act, 2019, and should be enrolled on the National Register

as defined in clause (m) of section 2 or on the State Register as defined in clause

(v) of section 2 of the aforesaid Act; and

(ii)

in respect of factory carrying hazardous process or dangerous operations, in

addition to the qualifications mentioned in clause (i), a person should possess a

certificate of Training in Industrial Health of minimum three months duration

recognised by Administration of Union Territory of Ladakh or should possess a

diploma in Industrial Health or equivalent.

(58) Dangerous occupations or processes for medical examination:— Following

shall be the dangerous occupations or processes for the purposes of medical

examination and certification, namely:-

(i)

operations declared dangerous under section 82 of the Code;

(ii)

factories carrying hazardous process as per Schedule 1 of the Code;

(iii)

treatment of Biomedical waste;

(iv)

sewerage treatment;

(v)

solid waste management;

(vi)

marble cutting;

(vii)

ready mix concrete;

(viii)

hot mix concrete;

(ix)

working at height;

(x)

operation of crane or heavy duty machinery; or

(xi)

such other occupation or process as may be notified by Administration of

Union Territory of Ladakh from time to time, to be dangerous.

Explanation: for the purpose of this rule heavy duty machinery includes Excavator,

Bulldozer, Skid Steer loader, Compactor, Trencher, Truck/Dumper having more

than six tyres or load capacity more than 15MT, Earthmoving equipment and

machinery producing noise above 85dBA.

(59) Medical Examination and certification of adolescent: — (1) A medical officer

shall, on the application of any adolescent or his parent or guardian accompanied

by a document signed by the employer of an establishment that such person will

be employed therein if certified to be fit for work in an establishment, or on the

application of the employer of the establishment in which any adolescent wishes

to work, examine such person and ascertain his fitness for work in an

establishment.

(2)

The medical officer, after examination, may grant to such adolescent, in Form-

24, or may renew, a certificate of fitness to work in an establishment as an

adolescent, if he is satisfied that the adolescent has completed his fourteenth

year, has attained the prescribed physical standards and is fit for such work;

Provided that unless the medical officer has personal knowledge of the place

where the adolescent proposes to work and of the manufacturing process in which

he will be employed, he shall not grant or renew a certificate under this sub-rule

until he has examined such place.

(3)

A certificate of fitness granted or renewed under sub-rule (2),

(a)

shall be valid only for a period of twelve months from the date thereof;

(b)

may be made subject to conditions with regard to the nature of the work in which

adolescent may be employed, or requiring re-examination of the adolescent

before the expiry of the period of twelve months.

(4)

A medical officer shall revoke any certificate granted or renewed under sub-

rule (2), if in his opinion the holder of it is no longer fit to work in the capacity

stated therein in an establishment.

(5)

Where a certificate under this rule with reference to any adolescent is granted or

renewed subject to such conditions as are referred to in sub-rule (3), the

adolescent shall not be required or allowed to work in any establishment, except

in accordance with those conditions.

(6)

A fee of rupees one thousand shall be payable for a certificate under this rule and

must be paid by the employer and shall not be recoverable from the adolescent,

his parents or guardian.

(7)

Fee required under sub-rule (6) shall be paid on portal and shall be credited to

the treasury in the Head as may be specified by the Administration of Union

Territory of Ladakh from time to time.

(8)

Medical Officer shall maintain record of examinations under this rule in Form-25.

(9)

The Medical Officer shall perform 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.( Section 42 (2) (c) ).

CHAPTER VIII

SPECIAL PROVISIONS RELATING TO EMPLOYMENT OF

WOMEN

(60) Conditions relating to safety, holidays and working hours or any other

condition to be observed by the employer:—Women employees with their consent

may be employed before 6:00 AM and beyond 7:00 PM subject to the following

conditions, namely:-

a. the consent of women employ shall be taken;

No women shall be employed against the maternity benefit provisions

laid down under the Social Security Code, 2020;

adequate transportation facilities shall be provided to women employee

to pick- up and drop such employee at her residence;

the workplace including passage towards conveniences or facilities

concerning toilet, washrooms, drinking water, dining area, rest room, creche,

entry and exit of women employee should be well-lit; the toilet, washroom

and drinking facilities should be near the workplace where such women

employee are employed; and

Provide safe, secure and healthy working condition such that no

women employee is disadvantaged in connection with her employment.

in case of below ground mine not less than 3 women employees shall be

on duty at any place.

The provisions of the Sexual Harassment of Women at workplace

(Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013) and rules

made thereunder, as applicable to the establishments, shall be complied with.

CHAPTER-IX

SPECIAL PROVISIONS FOR CONTRACT LABOUR AND INTER-STATE MIGRANTS

PART-I

(61)

Conditions in respect of contract labour:— The licence issued under sub section

(1) of section 47 shall be subject to the following conditions, namely:-

(i) The licence shall be non-transferable;

(ii) except as provided in these rules, the fees paid for the grant, or as the case may be,

for renewal of the licence shall be non-refundable;

(iii) the rates of wages payable to the workers by the contractor shall as per the Code on

Wages, 2019 (Central Act No. 29 of 2019) and rules made there under;

(iv) in case where the worker employed by the contractor performs the same or similar

kind of works 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;

(v) the licence shall notify any change in the number of workers or the conditions of

work to the designated authority;

(vi) a copy of the licence shall be displayed prominently at the premises where the

contract work is being carried on; and

(vii) the contractor shall be liable to comply with the relevant provisions of the Code.

(62)

Issue of licence for contractor:— (1) Application for issuing license shall be

made in Form-26 to the designated authority on Portal.

(2) Every application referred to in sub-rule (1) shall also be accompanied by the

security and fees at the rates specified in the Schedule given below:-

SCHEDULE

Number of workers to be

engaged/employed by

contractor

Fee for

license

deposited

Security to

be deposited

Up to 100

3000

Rs. 270/- per

worker

101-250

5000

251-500

10000

501-1000

20000

1001-2500

30000

Above 2500

50000

(3)

Payments as required under sub-rule (2) shall be paid through portal which shall

be credited to the treasury in the head of account as may be specified by the

Administration of Union Territory of Ladakh from time to time.

(4)

After receiving application on portal, the designated authority shall issue license

in Form-27 within a period of forty five days specifying the conditions laid down in

rule 61.

(5) If the designated authority fails to grant license to a contractor under the application

complete in all respect so made or to entertain the application

within the period of thirty days, then such license shall deemed to have been granted

on the expiration of thirty days.

(6) The fees and security deposit, as the case may be, submitted prior to the

applicability of these rules will be adjusted while issuing the license under this code.

(63) Renewal of license for contractor:— (1) Every contractor to whom a license is

issued under rule 62 shall make an application for renewal to the designated authority

on portal in the Form-26 thirty days before the expiry of license.

(2) The designated authority shall renew the license in Form-27 within thirty days from

the date of receipt of application.

(3) If the designated authority fails to renew license to a contractor under the

application complete in all respect so made or to entertain the application within the

period of thirty days, then such license shall deemed to have been renewed on the

expiration of thirty days.

(4) Automatic Renewal of License.- (i) A license shall be renewed for one year digitally

through automatic mode if there is no change in particulars of license from the previous

granted or renewed license and other conditions required by Administration.

ii. For the purposes of clause (i) of sub-rule (4), every application for the renewal of

license shall be made in Form-27 together with the fees for a period of one year,

and shall be submitted on the portal not less than thirty days before the date on

which the license is to expire.

iii. The fees for renewal of license for one year shall be as specified in the Schedule

given under Schedule under rule 62:

iv. The license generated under this rule shall have the same sanctity as renewed

under sub-rule(2)

(64) Amendment of license for contractor: — (1) Every contractor to whom license

is issued under rule 62 or 63 shall make an application for any amendment to the

designated authority on portal in the Form-28 before any change or within three

days from such change.

(2) The fee for the amendment of a licence shall be rupees five hundred rupees plus the

amount of difference of security and fee required as per the schedule under 62.

(3) After receiving application on portal, the designated authority shall amend and issue

the license to contractor in Form-27 within a period of three days.

(65)

Late fee for license:— If the application for renewal or amendment is not

received within the time specified in sub-rule (1) of rules 63 and 64, a fee of twenty

five per cent in excess of the fee ordinarily payable for the licence shall be payable on

Portal.

(66) Responsibility of contractor:— (1) A contractor shall be responsible for payment

of wages to each worker employed by him as contract labour and such wages shall be

paid before the expiry of such period as prescribed under rules made by the

Administration of Union Territory of Ladakh under the Code on Wages, 2019 (Central

Act No. 29 of 2019).

(2) Every principal employer shall ensure that the timely and proper disbursement of

wages to all the contract workers.

(3) It shall be the duty of the contractor to ensure the disbursement of wages and proof

of the same shall be sent to the principal employer for compliance of sub rule- 2.

(4) In case the contractor fails to make payment of wages within the period specified in

the Code on Wages, 2019 or makes short payment, then the Principal employer shall

be liable to make payment of wages in full or the unpaid balance due, as the case may

be, to the contract labour employed by the contractor and recover the amount so paid

from the contractor either by deduction from any amount payable to the contractor

under any contract or as a debt payable by the contractor.

(5) It shall be the duty of the contractor to look after the welfare of the worker.

(6) It shall be the duty of the contractor to comply with the provisions of the Code

(67) Register of contractors:— A register of contractors shall be maintained by the

designated authority in Form-29 to whom license is issued under rules 62, 63 and 64.

(68) Intimation of work :—Every contractor, fifteen days before the commencement of

work, shall inform electronically in Form-30 to the Chief Inspector-cum-Facilitator,

the Designated Authority and the Inspector-cum-Facilitator of the area under which

establishment is situated from which contractor got work-order.

(69) Manner of suspending or cancelling the Licence of contractor: —Whenever it

comes to the knowledge of the designated authority that any contractor has not given

intimation as required under sub-section (1) of section 50, it may start the proceeding

to cancel or suspend the license within two days of such knowledge and the following

procedure shall be followed for suspension or cancellation of license, namely:-

the designated authority shall issue a show cause notice to the contractor,

electronically or otherwise, to explain his conduct;

the contractor shall reply to the notice given under clause (a) within

twenty four hours from the time of receipt of such notice; and

The designated authority shall examine such reply within the next

thirty six hours from the time of receipt of such reply and shall pass speaking

orders.

(70) Refund of security— (1) On expiry of the period of licence the contractor may, if he

does not intend to have his licence renewed, make an application to the designated

authority for the refund of the security deposited by him under rule 62.

(2) The designated authority shall, if it is satisfied that there is no breach of the

conditions of licence or there is no order under sub-section (4) of section 55, refund the

security made to the contractor within thirty days from receipt of application under

sub-rule (1).

(3) If there is any order of making payments under sub-section (4) of section 55, the

amount to be paid shall be deducted from the security deposit, and balance, if any,

refunded to the contractor.

(4) Record of security shall be maintained in Form-31.

(71) Period of wages for contract labour— It shall be the duty of every contractor to pay the wages

to the contract labour as per the provisions of the Code on Wages, 2019 and rules made there, under

by the appropriate Government.

(72) Mode of payment of wages to contract labour — (1) The mode of payment of wages shall be

made as per section 55 of the Code only. Provided where it is not practicable to disburse the wages

in the mode specified in section-55 of the code then contractor may opt for cash or any other mode

subject to the following conditions, namely:-

(i)

Option from the contract worker to get the wages in cash or any other mode is

obtained by the contractor;

(ii)

establishment where contract labour is employed is at a distance of not less

than one kilometer from nearest bank;

(iii)

there is no automated teller machine within the radius of one kilometer of the

establishment;

(iv)

there is network hassle in the area;

(v)

When more than thirty three percent of total contract labour is not familiar with

banking transactions;

(1)

The principal employer as well the contractor shall inform the concerned

Inspector-cum-Facilitator opting for a mode, other than the mode (s) specified

in sub-section (2) of section 55.

(2)

The contractor shall prepare details of payment made through any other mode

and send a copy of the same to the principal employer and the concerned

Inspector-cum-Facilitator.

(73) Manner of payment of wages from security deposit: — Subject to the

provisions of the section 55 of the code, in case the contractor does not pay the wages

to the contract labour employed by him,

(i)

the Inspector-cum-Facilitator shall prepare the details of payment to be made

and send the same to the designated authority to release the payments from

the security deposited by the respective contractor;

(ii)

the designated authority shall transfer the amount to the Inspector-

cum- Facilitator;

(iii)

the Inspector-cum-Facilitator shall disburse the amount among

contract labour and furnish details to the designated authority;

(iv)

the balance amount after deduction

(v)

the designated authority shall make entries in register to be maintained in

Form-31.

(74)

Experience certificate to contract labour: — The contractor shall issue an

experience certificate to each person employed by adhering to the following key

points, namely: -

(i)

must be on letter head of contractor;

(ii)

date of issue of certificate;

(iii)

salutation or declaration “TO WHOM SOEVER IT MAY CONCERN”;

(iv)

name of employee as per record;

(v)

period of employment (from the date of joining to date of relieving);

(vi)

designation or position;

(vii)

remarks; and

(viii)

seal and signature of contractor.

(75)

Form and manner of making application:— (1) The aggrieved party shall

make an application in the Form-32 to the Administration of Union Territory

of Ladakh.

(2)

The Administration of Union Territory

of Ladakh shall refer the matter,

with ins even days, to the designated authority.

(3)

The designated authority shall examine the matter within fifteen days from the

date of receipt.

(4)

The designated authority shall submit report, within next two days, to the

Administration of Union Territory of Ladakh.

(5)

The Administration of Union Territory

of Ladakh shall pass an order

with in seven days from the date of receipt of report.

PART-II

INTER-STATE MIGRANT WORKERS

(76) Journey allowance— (1) The employer shall pay to every inter-State migrant worker

employed in his establishment, in a year a lump sum amount of fare for to and for journey

to his native place from the place of his employment based on the following conditions,

namely:-

(i)

the minimum service of the worker entitled for journey allowance shall be

one hundred and eighty days;

(ii)

the journey allowance shall be provided for minimum second class fare by

train or bus; and

(iii)

The employer shall pay a lump sum amount of one hundred rupees per family

member per day for the period of travel of the worker (if family is staying with

him at the location of his workplace) for food during the journey.

(2)the employer shall maintain a register of journey allowance in Form- 33

electronically or otherwise.

(77) Toll free help line number— (1) The Chief Inspector-cum-Facilitator

shall establish a toll free number for inter-State migrants.

(3)

A record of calls on toll free number shall be maintained in the format as may

be specified by Chief Inspector-cum-Facilitator.

(78)

Manner of providing for study of inter-State migrant workers— The

study of Inter- State Migrant workers may be conducted by any reputed

institution through its research scholars with or without the funding from

Administration of Union Territory of Ladakh.

PART-III

AUDIO-VISUAL WORKERS

(79) Format of agreement—The agreement to be entered into between the producer

and the employee of audio-visual programme as envisaged in clause (a) of sub-

section (2) of section 66 shall be in Form-34.

(80) Submission of agreement— The copy of agreement shall be forwarded by the

producer of the audio-visual programme to the Chief Inspector-cum-Facilitator

and the Inspector-cum-Facilitator concerned.

(81)

Dispute resolution Mechanism:— (1) Administration of Union Territory of

Ladakh shall notify a body to resolve the dispute, arisen out of agreement between

the parties, consisting of officers from labour department, EPFO, Social Activist and

an eminent advocate. One of member will be nominated as chairman of the body.

(2)

District level body on receiving matter shall start conciliation within 3 days.

(3)

District level body for resolving the dispute may hold a meeting of the

representatives of both parties jointly or of each party separately in the office of

chairman.

(4)

District level body shall conduct proceeding expeditiously and decide within

45days from date of start of conciliation.

(5)

The proceeding of dispute resolution shall be maintained by person

nominated as chairman.

(6)

The procedure for reference of dispute shall be in conformity with the

Industrial relations Code 2020 and rules framed there under.

PART-IV

BEEDI AND CIGAR WORKERS

(82) License to use place or industrial premises for beedi and cigar work— (1) Any person

who intends or allows to use any place or premise for beedi or cigar work shall submit an

application in Form-51 on portal for the grant of license along with fee specified in

Schedule-II under rule 149.

(2) A licence in Form-52 shall be granted by the authority designated under section

119.

(3) The license under this rule shall be issued within thirty days from the date of

application on portal complete in all respects.

(4) If the designated authority fails to grant license to a factory under the application

complete in all respects so made or to entertain the application within the period

of thirty days, then such license shall deemed to have been granted on the

expiration of thirty days.

(5) The responsibility under this rule shall entirely lie with the occupier of the any

place or premise for beedi or cigar work.

(83) Plan of place or industrial premises for beedi and cigar work:—The plan of

place or industrial premises to be used for beedi and cigar work shall be as per the

provisions of rules 86-94 of these rules.

(84) Renewal of licence for beedi and cigar work:— (1) A licence granted under rule 82

shall be renewed by the authority designated under section 119.

(2) Subject to the provisions of section 119, the authority referred to in sub-section (1) thereof shall,

in deciding whether to grant or refuse to grant a licence, have regard to the following matters,

namely:—

(a) the suitability of the place or premises which is proposed to be used for the manufacture of

beedi or cigar or both;

(b) previous experience of the applicant or he has employed experienced person or has entered into

agreement with the experienced person for employment for the period of licence;

arising out of the provisions of the laws for the time being in force relating to welfare of labour;

(d) whether the application is made bona fide on behalf of the applicant himself or in benami of any

other person;

(e) welfare of the labour in the locality, the interest of the public generally and such other matters

as may be prescribed by the Administration .

(3)Every application for renewal of the licence shall be made on portal in Form- 51,

along with fees specified in sub-rule (3), for a period of one year or any further period

up to five years, as the case may be, and shall be submitted in accordance with sub-

section (6) of section 74.

(4) The fees for renewal of licence for one year shall be the same as for the grant thereof.

In case an application for renewal has been made for a period of one year or any number

of years up to five years, the renewal fees shall be number of years multiplied by the fees

payable for renewal of licence for one year, as specified in Schedule II under rule-149:

Provided that if the application for renewal, compete in all respects, is not

received within the time specified in sub-rule (2), the licence shall be renewed only on

payment of a additional fee of twenty-five percent of the fees ordinarily payable for the

renewal of a licence for one year, for which the application has been received late.

(5)Automatic Renewal of License. — (i) A license shall be renewed for one year

digitally through automatic mode if there is no change in particulars of license from

the previous granted or renewed license and other conditions required by

Administration of Union Territory of Ladakh.

(ii)For the purposes of clause (i) of sub-rule (4) every application for the renewal

of license shall be made in Form-51 together with the fees for a period of one year,

provided that such application is submitted on the portal not less than thirty days

before the date on which the license is to expire.

(iii) The fees for renewal of license for one year shall be as specified in the Schedule

given under Schedule-II under rule-149

(iv) The license generated under this rule shall have the same sanctity as renewed

under sub-rule(3).

(6)Time of filing appeal and fees under section 75: — (1) The employer aggrieved by the

order of Licensing Officer, may appeal against such order before the appellate officer appointed

by the State Government for the purpose within thirty days from the date of receipt by him of

such order, electronically.

(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 licensing officer, against whose order the appeal has been preferred and the licensing officer

shall thereupon send the records of the case to the appellate officer online electronically.

(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.

(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.

(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 licensing 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 fees payable in respect of an appeal under this rule shall be Rs. 100/-.

(7) . Conditions for permission and form of maintaining record of the outside work under sub-

section (1) and (2) of section 76—

(1) Permission for wetting or cutting of beedi or tobacco leaves by employees outside the industrial

premises may be granted on such conditions as may be specified by the State Government, from

time to time. (2) The employer shall make, through the Labour Commissioner, an application

addressed to the Principal Secretary/Secretary of the Labour department on behalf of the employees

to obtain permission for wetting or cutting of beedi or tobacco leaves by such employees. The

Labour Commissioner shall forward the application with his comments within a period of 15 days

to the State Government. The State Government shall decide the application within a period of

further thirty days. The permission so granted shall be valid only for such period as specified in the

order granting permission.

(3) The employer shall maintain record of the work permitted under sub-section (1) of section 76 to

be carried out outside the industrial premises in Form-32, electronically or otherwise.

(4) The employer shall in respect of the employees who are permitted to work in their houses

(hereinafter referred to as the home-workers) maintain an up-to-date register in Form-33,

electronically or otherwise.

(85) Timeline for renewal or refusal to renew licence: — (1) The authority

designated under section 119 shall renew or refuse to renew the license within thirty

days from the date of receipt of application for renewal.

(2) If the designated authority fails to grant license to a any place or premise for beedi

or cigar work under the application complete in all respect so made or to entertain the

application within the period of thirty days, then such license shall deemed to have

been renewed on the expiration of thirty days.

PART-V

FACTORIES

(86) Submission of plans of factory— (1) The Administration of Union Territory

of Ladakh or the Chief Inspector-cum-Facilitator may require for the purposes of the

Code, submission of plans of building/structure/premises to be taken in use as a factory

which was either in existence on the date of commencement of the Code or which had

been constructed or extended since then.

(2)

No building shall be constructed or shall be taken into use as a factory unless

plans in respect of such building are approved by the Chief Inspector- cum- Facilitator.

(3)

No additions or alterations or extensions in the existing factory shall be made,

except those specified in the Schedule given below and unless such additions,

alterations or extensions are approved by the Chief Inspector-cum- Facilitator.

SCHEDULE

Seria

No.

Type of additions or alterations or extensions

Boundary Wall upto height of 4 Feet

Rooms/Cabins to be used for clerical/managerial/Pantry purposes.

Security picket/ Guard Rooms

Sheds for Vehicle Parking

Canopies for Generator Sheds

Balcony/Chajjas

Changes in Outer Gates.

Rooms to be used for Residential Purposes.

Electricity Meter rooms

Toilets/Urinals

Demolition of any part of factory building

Additional staircases or ramps

Addition or re-orientation of machinery which does not result in any

change in manufacturing process or end product or by product or

breathing space of the work room

Stores

where

non-combustible

materials to be stored.

or non-flammable

or non- toxic

(4)

Application for approval of the plans shall be made in Form-35 to the Chief

Inspector-cum-Facilitator on portal along with the following documents/forms,

namely:-

(a) letter of allotment from the concerned agency which has developed the industrial

area or focal point or industrial park, if the factory is situated in the industrial area or

focal point or industrial park;

(b) letter regarding classification of land from the department of Town Planning,

Administration of Union Territory of Ladakh , if the site does not fall in the industrial

area or focal point or industrial park;

(c) particulars of rooms in Form-36;

(d) details of manufacturing process showing raw materials or by-products or end

product along with the quantity or capacity;

(e) list of chemicals to be used or stored or produced along with quantity;

(f) details of cess paid; and

(g) such other document as the Chief Inspector-cum-Facilitator may require.

(4) Every person applying under this rule shall appoint a person declared as competent

person under the Code for drawing of building plans or structural drawings and for

issuing the stability certificate of the building.

(5) The applicant and the competent person shall sign the application, plans, structural

drawings, specifications and the certificates as required in the relevant forms and

documents, before making submission.

(6) All dimensions in the plan shall be indicated in metric units.

(7) Colourings of plans shall be as under:-

Serial No

Item

Site and Building Plan (on

white background)

Plot line

Thick Black

Building lines

Thin Black

III

Open space

No colour

Construction to be approved

Blue filled in

Work proposed to be

demolished

Yellow filled in

Proposed construction

Brown filled in

VII

Drainage & sewerage work

Red dotted

VIII

Water supply

Green dotted

Already approved construction

Orange filled in

Revised/Altered building

Pink filled in

Fire escapes

Orange dotted

XII

Any other

Purple dotted

(8) The site plan to be sent along with the application shall be drawn to a scale of 1: l00

for plots upto five hundred square meter in size and on a scale of 1:500 for plots above

five hundred square meter in size. This site plan shall show the following:-

(a)

boundaries of the site and any contiguous features;

(b)

direction of the north point relative to the site;

(c)

streets or roads adjoining the site with their width

clearly dimensioned and names, if any;

(d)

area calculations, such as ground coverage, floor area ratio,

parking calculations, any other relevant calculations, as required;

(e)

disposal of waste water, sewerage and storm water or storage of

hazardous waste;

(f)

details of buildings or drains or structures or physical features falling

with in five hundred meters of factory;

(g)

prominent urban service points above or underground (like sewer or water pipes,

gas pipeline, transformers, electric poles or lines, phone distribution boxes, etc.)

within five hundred metres area; and

(h)

such other particulars, as may be required by the Chief Inspector-cum-

Facilitator.

(9)

The application shall consist of building plans, sections and elevations shall be

drawn to the scale 1: 100 and shall include,

(a) floor plans of all the floors together with covered area clearly indicating the

size and spacing of all framing members, sizes of rooms, staircases, ramps, lift

wells, means of lighting, ventilation, fire-escapes, position and size of plant or

machinery or equipment, drinking water points, details of urinals or latrines,

roof materials, washing facilities or drenching facilities, space for storing or

drying of clothes, crèche, rest- rooms, mess-rooms, canteens, ambulance room

or occupational health centre;

(b) one section from front showing the height of the building or room;

(c) one section through the staircase;

(d) the schedule indicating the size of the doors, windows, openings and other

methods of ventilation of each room or area;

(e) provision for differently-abled person, photovoltaic solar power plant, rain

water harvesting system wherever required.

(f) The plans of building or structure to be used as factory shall not be approved

unless such plans meet the occupational safety and health standards declared

by Central Government under section 18 and 23 of the Code and such plans

should also meet the welfare facilities prescribed by Central Government

under section 24 of the Code or any other standards as may be prescribed by

the Central Government or Administration of Union Territory of Ladakh

from time to time.

(87) Approval of plans of factory— (1) On receiving an application on portal, if the

Inspector-cum-Facilitator is satisfied that the plans, forms and documents are in

accordance with the requirements of the Code and the rules made thereunder, he may

forward the application to the Chief Inspector-cum- Facilitator for acceptance or may

raise the observations and thereafter, forward the same to the Chief Inspector-cum-

Facilitator for consideration and further action. The Chief Inspector- cum-Facilitator

after examining the plans, forms and documents shall, if such are in accordance with

the requirements of the code and the rules made thereunder, shall either approve the

plans or shall return the application to the applicant with observations in writing on

portal or agreeing with the report of the Inspector-Cum- Facilitator, return the

application to the applicant on portal for resolving the observations raised within thirty

days:

Provided that observations, by the authorities under the code, on application

have to be raised once only to the extent possible and any further observations may

only be raised in case new facts or new documents are submitted along with the

resolution of the earlier observations.

(2) The application is liable to be rejected in case the application is resubmitted twice

without resolving the observations raised or if the application not resubmitted within

sixty days from the date of observations raised.

Provided that plans shall not be deemed to have been submitted under this rule

till such time, as they are resubmitted duly modified and corrected.

(3) The plans shall either be approved or rejected within 45 days from the date of receipt

of application, if authorities under the code fail to act within the period of forty-five

days, then the plans shall be deemed to be approved after expiration of forty-five days.

(88) Stability Certificate: — (1) No manufacturing process shall be carried on in any

building or part thereof (whether newly constructed, re-constructed, altered, repaired

or extended) as a factory or increase in machinery or change in process in any

existing factory until a Certificate of Stability in Form-37 in respect thereof, has been

accepted by the Chief Inspector-cum-Facilitator.

(2) The Certificate of Stability shall be signed by the competent person and the occupier

jointly, along with the tests and analysis reports relating to stability.

(3) The occupier shall submit the Certificate of Stability to the Inspector-cum-

Facilitator on portal. On receiving the application on portal, if the Inspector- Cum-

Facilitator, is satisfied that the Certificate of Stability and attached documents are in

accordance with the rules, he may forward the application to the Chief Inspector- cum-

Facilitator for acceptance or may raise the observations and thereafter, forward the

same to the Chief Inspector-cum- Facilitator for consideration and further action. The

Chief Inspector-cum- Facilitator after examining the report of Chief Inspector- cum-

Facilitator shall, either accepts the certificate of stability or may raise observations and

application shall be return to applicant or agreeing with the report of the Inspector-

cum-Facilitator shall return the application to the applicant for resolving the

observations raised.

Provided that observations, by the authorities under the code, on application have to be

raised once only to the extent possible and any further observations may only be raised

in case new facts or new documents are submitted along with the resolution of the

earlier observations.

(5) The application is liable to be rejected in case the application is resubmitted twice

without resolving the observations raised or if the application not resubmitted within

sixty days from the date of observations raised.

(6) The Stability Certificate accepted under this rule shall be valid for five years from

the date of acceptance.

(7) Stability certificate duly signed by the Head of the Civil or Structural Engineering

Department and Head of the Institutions mentioned in sub-rule (11) of Rule 4, if

submitted within fifteen days from date of signature, shall be deemed to be accepted

by Chief Inspector-cum-Facilitator.

(89) Pre-approved plans; — Plans which have already been approved by the Chief

Inspector of Factories under the Factories Act, 1948 before the coming into force of

these rules, shall be deemed to have been approved under these rules.

(90) Validity period of approval: —Every approval for the proposed building plan

shall become null and void, if no construction is started within one year from the date

of such approval.

(91) Revocation of approval:— The approval granted under these rules may be

revoked by the Chief Inspector-cum-Facilitator, if it is found that such approval has

been obtained by the occupier or manager by misrepresentation of material facts or

fraudulent document have been submitted along with the application or otherwise or

the majority of construction is not being done in accordance with the approval granted.

(92) Maintenance of register for building plans: — The chief Inspector- cum-

Facilitator shall maintain an online E-register in Form 38 for all building plan

applications received, permissions given or deemed to have been given or refused or

returned under these rules.

(93)

Specifications of rooms— (1) The internal height of a work room shall be not

less than 4.25 meters 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 or lining of heat-resisting material with an air space of at least 10 centimetres

between it and the corrugated iron, the internal height shall be not less than 5 meters:

Provided that in the case of building having a brick or concrete roof, or a

combination of the two, the minimum height upto 3.75 meters may be approved by the

Chief Inspector-cum-Facilitator subject to the working conditions of room of factory.

Provided further that in case of factories employing less than one hundred

workers Chief Inspector cum facilitator may exempt such factories from the

provisions of this sub-rule subject to condition that the competent person has

furnished an undertaking that he is satisfied with the working conditions of factory

and are reasonably good.

Provided further that the provisions of this sub rule shall not apply to rooms

intended for storage, godowns and like purposes and also rooms intended solely for

office purposes where only clerical work is done.

(2) 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 breathing

space of at least 500 cubic feet (14 cubic meter).

(3) The rooms of the factory shall meet the occupational safety and health standards

notified by Central Government under section 18 and 23 of the Code and such plans

should also meet the welfare facilities prescribed by Central Government under section

24 of the Code or any other standards as may be

prescribed by the Central Government or Administration of Union Territory of

Ladakh from time to time.

(94) Processing fee for building plans: — (1) Processing fee, in respect of building

plans, at the rate Rupees one per square feet shall be paid along with application by the

occupier.

a. If the factory is on ground floor on total plot area and

b. If factory is having floors on total covered area or total plot area whichever is more.

(2) Processing fee to be paid under sub-rule (1) shall be paid on portal in such manner

as may be specified and shall be credited to the “HEAD” as may be specified by

Administration of Union Territory of Ladakh from time to time.

(95) Prohibition of running a factory without a valid licence. — (1) No occupier

shall use any premises as a factory or carry on any manufacturing process in a factory,

unless a licence has been issued in respect of such premises and is in force for the time

being.

(96)

It shall be the responsibility of the occupier of the factory to get a valid license.

(97) Grant of license for factory. — (1) The occupier of every factory shall submit an

application in Form-51 on portal for the grant of license.

(2) A licence for a factory shall be granted in Form-52 by the designated authority on

payment of fees specified in Schedule-I under rule 149.

Provided that if there is factory whose employer has paid fee for registration of

establishment under rule-6, then the respective employer has to only pay for differential

amount of fee under rule-6 and fee specified in Schedule-I under rule 149 for grant of

license.

(3) The license under this rule shall be issued within thirty days from the date of

application on portal complete in all respect.

(4) If the designated authority fails to grant license to a factory under the application

complete in all respect so made or to entertain the application within the period of thirty

days, then such license shall deemed to have been granted on the expiration of thirty

days.

(5) The responsibility under this rule shall entirely lie with the occupier of the factory.

(98)

Amendment of factory licence: — (1) A licence granted under sub-rule(2)of

rule 96 may be amended by the designated authority in Form-52.

(2) A licensee shall get the licence amended if;

(i) name of the factory is to be changed;

(ii) number of workers as specified in the licence are to be changed;

(iii) motive power specified in Kilowatts in the licence is to be changed; or

(iv) manufacturing process is to be changed.

(3) A licensee who desires to have his licence amended, shall submit an application on

portal in Form-51 stating the nature of the amendment three days before such change

or within three days from such change if the circumstances were such that the licensee

could not make application for amendment.

(4) The fee for the amendment of a licence shall be five hundred rupees plus the

amount of difference of fee required as per Schedule-I under rule-149.

(5) If the designated authority fails to amend the license within fifteen days, then

such license shall be deemed to have been amended.

(99) Renewal of factory licence. — (1) A licence shall be renewed by the designated

authority in Form-52.

(2)

Every application for renewal of the licence shall be made on portal in Form- 51

together with fees for a period of one year or any further period up to ten years and

shall be submitted not less than thirty days before the date on which the licence expires.

(3) The fees for renewal of licence for one year shall be the same as for the grant

thereof. In case an application for renewal has been made for a period of one year or

any number of years up to ten years, the renewal fees shall be the number of years

multiplied by the fees payable for renewal of licence for one year, as specified in the

Schedule-I under rule 149.

(4) If the designated authority fails to grant license to a factory under the application

complete in all respect so made or to entertain the application within the period of thirty

days, then such license shall deemed to have been renewed on the expiration of thirty

days.

(5) Automatic Renewal of License.- (i) A license shall be renewed for one year digitally

through automatic mode if there is no change in particulars of license from the previous

granted or renewed license and other conditions required by Administration of Union

Territory of Ladakh.

(ii ) For the purposes of clause (i) of sub-rule (5), every application for the

renewal of license shall be made in Form-51 together with the fees for a

period of one year, provided that such application is submitted on the

portal not less than thirty days before the date on which the license is to expire.

(100) The fees for renewal of license for one year shall be as specified in the

Schedule given under Schedule-I under rule-149

(101) The license generated under this rule shall have the same sanctity

as renewed under sub-rule(3)

(102) Transfer of factory licence— (1) The holder of a licence may, at any time

before the expiry of the licence, apply for permission to transfer his licence to another

person.

(2) Such application shall be made on

portal in Form-51. The

designated

authority shall transfer the license after duly satisfying himself.

(3) A fee of rupees five hundred shall be charged for such transfer.

(4) If the designated authority fails to transfer the license within seven days, then

such license shall be deemed to have been transferred.

(103) Procedure on death or disability of factory licensee: — If a licensee dies or

becomes insolvent, the person carrying on the business of such licensee shall make an

application for the amendment of the licence under in his own name for the unexpired

portion of the original licence.

(2) No fee shall be charged for such change if application is made within thirty

days from date of death or insolvency.

(104) Late fee in relation to factory license: — If the application for renewal or

amendments as the case may be, is not received within the time specified in sub-

rule(3)of rule 97 or sub-rule (2) of rule 98 or sub-rule (2) of rule 100, then an

additional fee of twenty five percent of the fee ordinarily payable for the license shall

be payable for such renewal or amendment.

Provided that if application for renewal or amendment is not received within

ninety days from the due for renewal or amendment of license as case may be an

additional fee @ 1% of the fee ordinarily payable for every thirty days shall be charged

which shall be in addition to fee to be paid as provided in Rule 101.

(105) Payment of fees in relation to factory license: — The fees required under rules

96,97, 98, 99 and 100 shall be paid on portal. Such fee shall be credited to the treasury

in the

head

may be

specified by the Administration of

Union Territory of Ladakh from time to time.

(106) Suspension of factory license: — The Chief Inspector-cum-Facilitator or the

designated authority with the approval of the Chief Inspector-cum-Facilitator, may

after giving the licensee concerned, reasonable opportunity to show cause against the

proposed action, suspend any license, if he is satisfied that the license was obtained

by the licensee through fraud or by misrepresentation of facts or any other reason to be

specified, and on such suspension of license, the licensee shall not be entitled to the

refund of the license fee.

(107) Liability of owner: —The Chief Inspector-cum-Facilitator may through an order

specify the liability of the owner and occupier jointly or separately on receiving the

application from the occupier and owner of the factory: Provided that in case the

occupier or owner does not apply for the same, both occupier and owner shall be liable

for the common services and facilities.

(108) Dangerous operations: — (1) The following operations when carried on in

any factory are declared to be dangerous operations:-

(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;

(x)

carrying on of certain processes of lead and lead material in

Printing Presses and Type Foundries;

(xi)

chemical works;

(xii)

manufacture of pottery and ceramics;

(xiii)

compression of Oxygen and Hydrogen produced by the electrolysis of

water;

(xiv)

manipulation of stone or any other material containing free silica;

(xv)

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;

(xvi)

handling and manipulation of corrosive substances;

(xvii)

use of ovens and driers in factories;

(xviii)

manufacture or Manipulation of Carcinogenic intermediates;

(xix)

process extracting vegetable oils from oil cakes in

solvent text raction plants;

(xx)

manufacture or manipulation of manganese and its compounds;

(xxi)

protection against hazards of poisoning arising from benzene;

(xxii)

carbon disulphide plants;

(xxiii)

operations involving high noise levels;

(xxiv)

manufacture or manipulation of dangerous pesticides;

(xxv)

manufacture of rayon by viscose;

(xxvi)

highly flammable liquids and flammable compressed gases;

(xxvii)

operation in foundries;

(xxviii)

textile machinery except used in jute mills;

(xxix)

process of melting in induction furnace;

(xxx)

wood working machinery;

(xxxi)

rubber mills;

(xxxii)

centrifugal machines;

(xxxiii)

power presses;

(xxxiv)

shears, slitters and guillotine machines;

(xxxv)

thermic fluid heaters;

(xxxvi)

manufacture of chromic acid or manufacture or recovery of the

bichromate of sodium, potassium or ammonium; and

(xxxvii)

welding/cutting operation with the use of LPG/Acetylene/Argon.

(2) he provisions specified in the Schedules annexed hereto shall apply to such class or

description of factories wherein dangerous operations specified in each Schedule are

carried out.

(3) (a) For the medical examination of workers to be conducted by the medical officer

as required by the Schedules annexed hereto, the occupier of the factory shall pay fee

at the rate of one hundred rupees per examination of each worker;

(b) the fee specified in clause (a) shall be exclusive of any charges for biological,

radiological or other tests which may have to be carried out in connection with the

medical examination. Such charges shall be payable by the occupier; and

(c) the fees to be paid for medical examination shall be paid online through portal which

shall be credited to the treasury in the head of account as may be specified by the

Administration of Union Territory of Ladakh from time to time.

(4) Wherever a periodical medical examination has been prescribed under the different

Schedules, the occupier shall send a return in Form-39, to the Chief Inspector-cum-

Facilitator, so as to reach him on or before the 5th day of every month in respect of

medical examination of the workers conducted during the preceding month.

(5) Notwithstanding anything contained in the Schedules annexed to this rule, the

Inspector-cum-Facilitator may issue order in writing to the occupier, directing him 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 Schedule annexed hereto, 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.

(7) For the purpose of this rule “Medical Officer” means a qualified medical

practitioner having qualification as prescribed under rule 57 and recognised by the

Chief Inspector-cum-Facilitator.

SCHEDULE I

MANUFACTURE OF AERATED WATERS AND PROCESSES INCIDENTAL THERETO

1. 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

ofa bursting bottle or syphon form striking any person employed in the factory.

2. Face guards and gauntlets—

(1) The occupier shall provide and maintain in good condition for the use of all persons

engaged in filling bottles or siphons: -

(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 2(1) 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.

(2) 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

(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.

(3) Wearing of face guards and gauntlets. —All persons engaged in any of the

processes specified in paragraph 2 of this schedule shall, while at work in such

processes, wear the face guards and gauntlets provided under the provisions of the

said paragraph.

SCHEDULE – II

ELECTROLYTIC PLATING OR OXIDATION OF METAL ARTICLES BY

USE OF ANELECTROLYTE CONTAINING ACIDS, BASES OR SALTS OF

METALS SUCH AS CHROMIUM, NICKEL, CADMIUM, ZINC, COPPER,

SILVER, GOLD ETC.

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.

Exhaust draught

(1)

an efficient exhaust draught shall be applied to every vessel in which an

electrolytic process is carried on.

(2)

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.

(3)

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.

(4)

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.

(5)

A register containing particulars of such examination and tests shall be kept in

Form-42 electronically or otherwise.

3. Prohibition relating to pregnant women and adolescent – No pregnant women

or adolescent 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 –

(1) The occupier shall provide and maintain in good and clean condition the following

articles of protective devices for the 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

(i) waterproof aprons and bibs; and

(ii) for persons actually working at a bath, loose fitting rubber gloves and rubber boots

or other waterproof footwear, and chemical goggles.

(iii) 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 –

(1) 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 60cms 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 60cms, 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.

(iii) a sufficient supply of clean towels renewed daily, and soap or other suitable

cleaning material.

(2) 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.

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.

CAUTIONARY NOTICE

(Electrolytic Plating)

(i)

Chemicals handled in this plant are corrosive and poisonous.

(ii)

Smoking, chewing tobacco, eating food or drinking, in this area is prohibited.

No food stuff or drink shall be brought in this area.

(iii)

Some of these chemicals may be absorbed through the skin and may cause

poisoning.

(iv)

A good wash shall be taken before meals.

(ii) Protective devices supplied shall be used while working in this area.

(vi)

Spillage of the chemicals on any part of the body or on the floor shall be

immediately washed away with water.

(vii)

All workers shall report for the prescribed medical tests regularly to protect their

own health.

8. Medical examination by the Medical officer – (1) Every worker employed in

the electrolytic processes shall be examined by a Medical officer 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 macroglobulin in

urine.

(2)

No worker shall be employed in any electrolytic process unless certified fit for

such employment by the Medical officer.

(3)

Every worker employed in the electrolytic processes shall be re-examined by a

Medical officer 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 our once in every six months. Such re- examination

shall, wherever the Medical officer considers appropriate, include tests as

specified under sub-paragraph (1) excluding the X-ray of the chest which shall

not be required normally to be carried out earlier than once in three years.

(4)

The medical officer after examining a worker, shall issue a Certificate of Fitness

in Form-40. The record of examination and re-examinations carried out shall be

kept in the custody of the occupier of the factory. The record of each examination

carried out under sub-paragraphs (1) and

(2) including the nature and the results of the tests, shall also be entered by the

Medical Officer in a health register in Form-41 electronically or otherwise.

(5)

The certificate of fitness and the health register shall be kept readily available

for inspection by the Inspector-cum-Facilitator.

(6)

If at any time the Medical officer 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 Medical officer in

which case the person affected shall be suitably rehabilitated.

(7)

No person who has been found unfit to work as said in sub-paragraph (6) shall

be re-employed or permitted to work in the said processes unless the Medical

officer after further examination, again certifies him fit for employment in these

processes.

SCHEDULE–III

MANUFACTURE AND REPAIR OF ELECTRIC

ACCUMULATORS

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.

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 pregnant women and Adolescent —No pregnant

women or adolescent 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.

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 :-

manipulation of raw oxide of lend;

pasting;

drying of pasted plates;

formation with lead turning (tacking)necessarily carried on in connection

therewith ; and

melting down of pasted plates.

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 3.75 meters shall be taken into

account.

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.

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.

Floor of workrooms —

(1)

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.

(2)

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.

(3)

In grid casting shops the floor shall be cleansed daily.

(4)

Without prejudice to the requirements of sub-paragraphs (1), (2) and (3), 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.

Work-benches — The work-benches at which any lead process is carried on shall

(i)

have a smooth surface and be maintained in sound condition

(ii)

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;

(a)

cleaned daily either after being thoroughly damped or by means of suction

cleaning apparatus at the time when no other work being carried on there at and

(b)

all such work-benches in grid casting shops shall be cleaned daily;

(iii) every work-bench used for pasting shall-

(a)

be covered throughout with sheet lead and other impervious material;

(b)

be provided with raised edges;

(c)

be kept constantly moist while pasting being carried on

10.

Exhaust draught— (1) 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 carried on in such a

manner that the application of efficient exhaust 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 persons works.

(a) 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.

(b) A register containing particulars of such examination and tests shall be kept

in Form-42.

11.

Fumes and gasses from melting pots — The products of combustion produced

in the heating of any melting pot shall not be allow 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 accept when dross is

being deposited therein.

13.

Container for lead waste — A suitable receptacle shall be provided in every

workroom in which old plates and waste material which may give rise to shall

be deposited.

14.

Racks and shelves drying room — 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 1.2 m . Such racks and shelves shall be

cleaned only after being thoroughly damped unless so efficient suction cleaning

apparatus is used for this purpose.

15.

Medical examination by the Medical officer— (1) every worker employed in

a lead processes shall be examined by a Medical officer within 15 days of his

first employment. Such examination shall include test 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 Medical officer.

(2)

Every worker employed in the said processes shall be re-examined by a Medical

officer at least once in every 3 calendar months and such re- examination shall,

wherever the Medical officer considers appropriate, include tests specified in

subparagraph(1) .

(3)

The Medical officer after examining a worker, shall issue a Certificate of Fitness

in Form-40. 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

occupier of the factory. The record of each examination carried out under sub

paragraphs (1) and (2), including the nature and the results of the tests, shall also

be entered by the Medical officer in a health register in Form-41 electronically

or otherwise.

(4)

The Certificate of Fitness and the health register shall be kept readily available

for inspection by the Inspector-cum-Facilitator.

(5)

If at any time the Medical officer 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.

(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 Medical

officer, after further examination, again certifies him fit for employment in those

processes.

16.

Protective clothing- 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.

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.

17.

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 place under the charge of a responsible person and shall be kept

clean.

18.

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 (16)

19.

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.

20.

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 is be one basin or 60 centimetres of trough for each such

person, this paragraph shall not apply.

21.

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.

22.

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

SCHEDULE – IV

GLASS MANUFACTURE

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 can 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.

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 percent 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.

Exhaust draught — (1) 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 ammoniacal 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.

(2)(i) 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.

(ii) A register containing particulars of such examination and tests shall be

kept in Form-42 electronically or otherwise.

Prohibition relating to pregnant women and Adolescent — No pregnant

woman or adolescent 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.

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.

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

Storage and transport of hydrofluoric acid —Hydrofluoric acid shall not be

stored or transported except in cylinders or receptacles made of lead or rubber.

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 sterilizing his blow

pipe.

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.

10.

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.

11.

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 the processes

specified in paragraph 2.

(2)

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

(3)

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;

(4)

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

(5)

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.

12.

Medical Examination by Medical officer — (1) Every workers employed in

processes specified in paragraph 2 shall be examined by the Medical officer

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 Medical officer.

(2)

Every worker employed in the said processes shall be re-examined by the

Medical officer at least once in every twelve calendar months. Such re-

examination shall, wherever the Medical officer considers appropriate, include

tests as specified in sub-paragraph (1).

(3)

The Medical officer after examining a worker, shall issue a Certificate of Fitness

in Form-40. The record of examination and re-examination carried out shall been

entered in the Certificate and the Certificate shall be kept in the custody of

the occupier of the factory. The record of each examination carried out under sub

paragraph (1) and (2), including the nature and the results of the tests, shall also

be entered by the Medical officer in a health register in Form- 41 electronically

or otherwise.

(4)

The Certificate of Fitness and the health register shall be kept readily available

for inspection by the Inspector-cum-Facilitator.

(5)

If at any time the Medical officer is of the opinion that a worker is no longer fir

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 Medical officer, in

which the person affected shall be suitable 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 Medical

officer , after further examination, again certifies him fit for employment in those

processes.

SCHEDULE – V

GRINDING OR GLAZING OF METALS AND PROCESSES INCIDENTAL THERETO

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.

Exception – (1) 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.

(2) 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.

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;

(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-cum-Facilitator 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.

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.

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.

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.

Examination of dust equipment — (1) 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.

(2) A register containing particulars of such examination and tests shall be kept

in Form-42 electronically or otherwise.

Medical examination by the Medical officer — (1) every worker employed in

grinding or glazing of metal and processes incidental thereto shall be examined

by a Medical officer 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 Medical officer.

(2)

Every worker employed in the said processes shall be re-examined by a Medical

officer at least once in every 12 calendar months. Such re- examination shall,

wherever the Medical officer considers appropriate, include tests as specified in

sub-paragraph (1).

(3)

The Medical officer after examining a worker shall issue a Certificate of Fitness

in Form-40. 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

occupier of the factory. The record of each examination carried out under sub-

paragraphs (1) and (2), including the nature and the results of the tests, shall also

be entered by the Medical officer in a health register in Form-41 electronically

or otherwise.

(4)

The Certificate of Fitness and the health register shall be kept readily available

for inspection by the Inspector-cum-Facilitator.

(5)

If at any time the Medical officer 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 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 Medical officer, 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

Medical officer, after further examination, again certifies him fit for employment

in those processes.

8. 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.

SCHEDULE – VI

MANUFACTURE AND TREATMENT OF LEAD AND CERTAIN COMPOUNDS OF LEAD

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.

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) 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.

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 percent of lead;

(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.

Prohibition relating to pregnant women and Adolescent – No pregnant

women or adolescent shall be employed or permitted to work in any of the

operations specified in paragraph 3.

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 there in 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.

Exhaust draught – (1) 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 contrived as to operate on the dust, fume, gas or vapour

as closely as possible to the point of origin.

(2) (i) 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.

(ii) A register containing particulars of such examination and tests shall be kept in

Form-42 electronically or otherwise.

Medical examination by the Medical officer — (1) every worker employed in

the operations referred to in paragraph 3 shall be examined by a Medical officer

within 15 days of his first employment. Such examination shall include

pulmonary function tests for lead in blood and urine, ALA in urine. haemoglobin

content, stippling of cells and steadiness tests. 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 Medical officer.

(2)

Every worker employed in the said processes shall be re-examined by a at least

once in every 3 calendar months. Such re- examination shall, wherever the

Medical officer considers appropriate, include tests as specified in sub-paragraph

(1).

(3)

The Medical officer after examining a worker, shall issue a Certificate of Fitness

in Form-40. 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

occupier of the factory. The record of each examination carried out under

subparagraphs (1) and (2), including the nature and the results of the tests,

shall also be entered by the Medical officer in a health register in Form-41