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Madhya Pradesh Gazette · Government of Madhya Pradesh

Madhya Pradesh Factories Rules 1962....

Published 09 March 2021

Department
श्रम विभाग
Type
Extraordinary
Gazette no.
138
Identifier
in.gazette.madhya.2021-03-09.138.Extraordinary
Languages
English, Hindi
Published at
Original source ↗

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मध्यप्रदे श

शासन

सत्यमेव जयते

मध्यप्रदेश राजपत्र

(असाधारण )

प्राधिकार से प्रकाशित

भोपाल , मंगलवार, दिनांक 9 मार्च 2021 -फाल्गुन 18 , शक 1942

क्रमांक 138]

श्रम विभाग

मंत्रालय , वल्लभ भवन , भोपाल

भोपाल, दिनांक 9 मार्च 2021

S.No. 391-37-2021 - A- 16 . The following draft rules which the State Government proposes to make in exercise of the powers conferred by section 133 and 135 of the Occupational safety , Health and Working Conditions Code , 2020 (37 of 2020 ) read with section 24 of General Clauses Act , 1897 ( 10 of 1897) and in supersession of the-

1. Madhya Pradesh Factories Rules , 1962 ,

2. The Madhya Pradesh Building and Other Construction Workers (Regulation of Employment and Condition of Services ) Rules , 2002 ,

3. The Madhya Pradesh Control of Industrial Major Accident Hazard rules , 1999,

4. The Contract Labour (Regulation and Abolition) (Madhya Pradesh) Rules , 1973,

5. The Madhya Pradesh Beedi and Cigar workers ( Condition of Employment) Rules , 1968 ,

6. The Madhya Pradesh Motor Transport workers Rules , 1963 ,

275 276

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

7. The inter - State Migrant Workmen (Regulation of Employment and Conditions of Service) Madhya Pradesh Rules , 1981 , except as respects things done or omitted to be done before such supersession , are hereby published as required by sub - section ( 1 ) of Section 133 and sub - section ( 1 ) of sub - section 135 , for information of all persons likely to be affected thereby and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of 30 days from the date on which copies of the Official Gazette in which this notification is published are made available to the public ;

Objections or suggestions , if any , may be addressed to Deputy Secretary to the Government of Madhya Pradesh , Ministry of Labour Vallabh Bhawan , Bhopal or by email ([email protected] and [email protected]) the objections and suggestions should be sent in a proforma containing columns ( i ) specifying the name and address of the persons and organizations and column ( ii ) specifying the rule or sub - rule which is proposed to be modified and column ( iii) specifying the revised rule or sub - rule proposed to be submitted and the reasons therefore;

Objections and suggestions , which may be received from any person or organization with respect to the said draft of rules before expiry of a period of 30 days , specified above , shall be considered by the Sate Government .

CHAPTER - I

PRELIMINARY

1. Short title, extent and commencement.- ( 1 ) These rules may be called the Occupational Safety , Health and Working Conditions ( Madhya Pradesh ) Rules ,

2021 .

(2) They shall extend to whole of the State of Madhya Pradesh .

(3 ) They shall apply to any establishment in relation to which appropriate

Government is the State Government under the Code .

2. Definitions .-( 1 ) In these rules unless there is anything repugnant in the

:-

subject or context

(a) "appendix " means an appendix appended to these rules ;

(b) " approved" means approved in writing by the Chief Inspector cum facilitator or the officer notified by the State Government in this regard as the case may be;

(c) " Board" means the Board as and where relevant under section 17 of Code .

(d) " Calendar year " means the period of twelve months beginning with the first

day of January in any year ;

276( 1)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(e) " casual leave " means leave to cover casual absence of the employees from duty for personal reasons ;

(f) " Child " shall have the same meaning as assigned to it in clause ( ia ) of section 2 of Child and Adolescent (Prohibition and Regulation ) Act, 1986 ;

(g) "Code " means the Occupational Safety, Health and Working Conditions Code , 2020 (No . 37 of 2020);

(h) " department " means Labour department , Government of Madhya Pradesh ;

(i) "District Magistrate " , in relation to any establishment , means the District Magistrate who is vested with the executive powers of maintaining law and order in the revenue district in which the establishment is situated : Provided that in case of a establishment , which is situated partly in one district and partly in another , the District Magistrate for the purpose shall be the District Magistrate authorised in this behalf by the State Government;

(j ) "Hazardous substance " : - ( 1 ) The Chemicals which are described under Schedule 1 , Part - 1 and Part - 2 appended to these rules , or any other such substances which central Government or State Government may notify from time to time;

(k ) " Labour Commissioner " means an officer as such or in the capacity of Additional Labour Commissioner appointed by the State Government ;

( 1) " lokseva guarantee adhiniyam " means Loksevaon ke pradan ki guarantee Adhiniyam , 2010 ;

(m) "manager " means a person nominated or appointed as such by the occupier ofthe factory;

(n) "national standards " means standards as approved by the Bureau of Indian Standards and in the absence of such standards , the standards approved by the State Government for a specific purpose ;

(o) " official portal " means Shram Seva Portal or official web portal of Labour Department , Government of Madhya Pradesh with any other name;

(p) "plant or equipment " includes any plant , equipment , gear , machinery , apparatus or appliance , or any part thereof;

(q) "Power " means electrical energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency;

(r) "pressure " means air pressure in bars above atmospheric pressure ;

(s) "pressure plant " means the pressure vessel along with its piping and other fittings operated at a pressure greater than the atmospheric pressure ;

(t ) "prime mover " means any engine, motor or other appliance which generates or otherwise provides power ;

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(2)

(u) " Public Health Authority " means the Local Health Officer having jurisdiction over the area ;

(v) "Qualified Nurse " means a person who possesses a qualification in nursing recognized under the Indian Nursing Council Code, 1947, and who is registered with the Madhya Pradesh Nurses registration Council , or a similar registered body of any other State in India ;

(w) "responsible person " means a person appointed by the employer to be responsible for the performance of specific duty or duties and who has sufficient knowledge and experience and the requisite authority for the proper performance of such duty or duties;

(x) " Registering Officer " means the registering officer appointed by State government for the purpose of different sections of the Code and these rules ;

(y) " section " means a section of the Code ;

(z) " schedule " means a Schedule appended to these rules;

(za) "workplace " means all places where building workers are required to be present or to go for work and which are under the control of an employer .

(2) All other words and expressions used herein but not defined and defined in the Occupational Safety, Health and Working Conditions Code ,2020 shall have the meaning respectively assigned to them in that Code .

CHAPTER - II

Registration

[Rules prescribed under Section 3 and Section 79 ]

3. Approval of plans and registration of establishments.-

(A) Approval of plans of Factories (Under section 79 ) -

(1 ) No building or structure for a factory be constructed , reconstructed, extended or taken into use as a factory or part of a factory unless previous permission in writing is obtained from the chief inspector cum facilitator . Online application for such permission shall be made on Official portal to the chief inspector cum facilitator which shall be accompanied by the following documents: -

(a) Form No. 1duly filled in by the applicant ;

(b) The process flow diagram of manufacturing process supplemented by a brief description of process indicating the names of raw materials , intermediates and

4 276(3)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

finished products with their inventories . In the case of chemical substances , their chemical names and storage quantities shall be mentioned ;

(c) Plans (PDF file of drawings prepared by computer aided design ) showing (i) the site of the factory and immediate surrounding including adjacent buildings and other structures , roads , drains , etc. drawn to a scale not less than 1: 500;

(ii) Detail drawings which include plan , elevation and necessary cross sectional elevations of the various buildings and structures including all relevant details relating to natural lighting , ventilation and means of escape in case of emergency. The plans shall also clearly indicate the lay- out of the plant and machinery , position of aisles and passage - ways , the latrines and urinals and other sanitary provisions and shall be drawn to a scale not less than 1 : 100 ;

(e) particulars in connection with the maximum number of workers to be employed in each work room , together with the area of ventilating openings and cubic space available per worker to be employed in each room ;

(f) particulars in connection with other requirements of the code and the rules and the Schedule thereunder applicable to the proposed factory ;

(g) such other particulars as the Chief Inspector cum facilitator may require to visualise situation of the safety in factories covered under section 2 (za) and section 82 of the Code .

(2) The plan of a factory shall be decided within such period as prescribed in "Madhya Pradesh Lok Sewayon ke Pradan ki Guarantee Adhiniyam , 2010 " for such service , as amended from time to time .

(3) If the Chief Inspector cum facilitator is satisfied that the plans are in consonance with the requirements of rules he may order for approving the plans subject to such conditions , if any, as he may specify for fulfilment of the requirements . Such plans that are approved within in the time limit given in sub- rule (2) shall be issued under digital signature by Chief Inspector cum facilitate or who shall send online the copy of digitally signed plan and its approval letter to the applicant on the same day and also inform the applicant on his e -mail address and his registered mobile number on the same day .

(4) . No manufacturing process shall be started or carried on in any building , or part of a building until a certificate of stability of the building , or part of building in Form No.2 signed by a competent person recognised under Rules has been delivered online to the Chief Inspector cum facilitator and accepted by him.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(4)

(B) Registration ( Under section 3 ) : -

(I ) Registration of factories

(1 ) The employer seeking registration for a factory not already registered shall apply electronically in Form- 3 on Official Portal of Department by giving details about the factory, and uploading documents related to Registration of the Factory along with Copy of treasury challan /e - challan or otherwise as proof of payment of licence fee prescribed in schedule II appended to the rules . The Form shall be signed digitally or in any other manner as may be required on the portal . The applicant shall be responsible for veracity of all information submitted in the application . Provided that the state government may by general or special order, amend schedule for fees for registration:

Provided that the State Government may amend schedule of fee for registration by general or special order .

(2) As soon as the plan , as per rule - 3 -A is approved , the Chief Inspector- cum- Facilitator may, on application being made to him under rule 3 (B ) ( 1 ) ( 1 ) , register the factory and issue a certificate of registration in Form - 4 electronically within such period as Prescribed in " Madhya Pradesh Lok Sewayon ke Pradan ki Guarantee Adhiniyam , 2010 " for such service , as amended from time to time, if the application is complete in all respect but not later than seven working days from the date of submission of complete application , failing which such Factory shall be deemed to have been registered and the certificate of registration shall be auto generated :

Provided that certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate .

( II ) Registration of Plantation-

(1 ) The employer seeking registration for an establishment relating to plantation not already registered shall apply electronically in Form-3 on the Official Portal by giving details about the establishment , and uploading documents related to Registration of the establishment along with Copy of treasury challan /e - challan or otherwise as proof of payment of registration fee prescribed in schedule II appended to the rules . The Form shall be signed digitally or in any other manner as may be required on the portal . The applicant shall be responsible for veracity of all information submitted in the application:

Provided that the State government may amend schedule of fee for registration by general or special order .

276(5)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

(2) The registering officer may , on application being made to him under sub- rule ( 1 ) , register the establishment and issue a certificate of registration in Form - 4 electronically within such period as Prescribed in "Madhya Pradesh Lok Sewayon ke Pradan ki Guarantee Adhiniyam, 2010 " for such service , as amended from time to time , if the application is complete in all respect but not later than seven working days from the date of submission of complete application , failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated :

Provided that certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate .

(III )Registration Of Motor Transport Undertaking: -

(1) The employer seeking registration for an establishmentrelating to motor transport undertaking not already registered shall apply electronically in Form-3 on the Official Portal by giving details about the establishment , and uploading documents related to Registration of the establishment along with Copy of treasury challan /e - challan or otherwise as proof of payment of registration fee prescribed in schedule II appended to the rules . The Form shall be signed digitally or in any other manner as may be required on the portal . The applicant shall be responsible for veracity of all information submitted in the application:

Provided that the State government may amend schedule of fee for registration by general or special order .

(2) The registering officer may, on application being made to him under sub- rule ( 1 ) , register the establishment and issue a certificate of registration in Form - 4 electronically within such period as Prescribed in " Madhya Pradesh Lok Sewayon ke Pradan ki Guarantee Adhiniyam , 2010 " for such service , as amended from time to time, if the application is complete in all respect but not later than seven working days from the date of submission of complete application , failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated:

Provided that where an undertaking has units operating in more than one State, the employer of the undertaking shall apply for registration to the registering officer of the State in which its Headquarters Office is located. Further provided that certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(6)

(IV) Registration and issuing licence for industrial premises for beedi and cigar work : -

(1 ) The employer seeking registration for an establishment relating to beedi and cigar work not already registered shall apply electronically in Form - 3 on the Official Portal by giving details about the establishment , and uploading documents related to Registration of the establishment along with Copy of treasury challan / e - challan or otherwise as proof of payment of registration fee prescribed in schedule Il appended to the rules . The Form shall be signed digitally or in any other manner as may be required on the portal . The applicant shall be responsible for veracity of all submitted in the application information :

Provided that the State government may amend schedule of fee for registration by general or special order.

(2) The registering officer may , on application being made to him under sub- rule ( 1 ) , register the establishment and issue a certificate of registrationin Form - 4 electronically within such period as Prescribed in " Madhya Pradesh Lok Sewayon ke Pradan ki Guarantee Adhiniyam, 2010 " for such service , as amended from time to time , if the application is complete in all respect but not later than seven working days from the date of submission of complete application , failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated :

Provided that certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate.

(V) Registration of audio - visual Production : -

(1 ) Every producer seeking registration for an establishment relating to audio visual production not already registered shall apply electronically in Form - 3 on the Official Portal by giving details about the establishment, and uploading documents related to Registration of the establishment along with Copy of treasury challan /e - challan or otherwise as proof of payment of registration fee prescribed in schedule II appended to the rules . The Form shall be signed digitally or in any other manner as may be required on the portal . The applicant shall be responsible for veracity of all information submitted in the application . Provided that the State government may amend schedule of fee for registration by general or special order .

(2) The registering officer may, on application being made to him under sub- rule ( 1 ) , register the establishment and issue a certificate of registration in Form - 4 electronically within such period as Prescribed in "Madhya Pradesh 276(7)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

Lok Sewayon ke Pradan ki Guarantee Adhiniyam, 2010 " for such service , as amended from time to time , if the application is complete in all respect but not later than seven working days from the date of submission of complete application , failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated :

Provided that certificate of registration may be issued . subject to compliance with such conditions as are specified in the certificate .

(VI ) Registration of building and other construction work-

(1) The employer seeking registration for an establishment relating to building and other construction work not already registered shall apply electronically in Form - 3 on the Official Portal by giving details about the establishment , and uploading documents related to Registration of the establishment along with Copy of treasury challan / e - challan or otherwise as proof of payment of registration fee prescribed in schedule II appended to the rules . The Form shall be signed digitally or in any other manner as may be required on the portal . The applicant shall be responsible for veracity of all information submitted in the application:

Provided that the State Government may amend schedule of fee for registration by general or special order.

(2) The registering officer may , on application being made to him under sub- rule ( 1 ) , register the establishment and issue a certificate of registration in Form - 4 electronically within such period as Prescribed in " Madhya Pradesh Lok Sewayon ke Pradan ki Guarantee Adhiniyam , 2010 " for such service , as amended from time to time , if the application is complete in all respect but not later than seven working days from the date of submission of complete application , failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated :

Provided that in exceptional circumstances the State Government may , for such period, by notification, dispense with requirement of electronic registration , in respect of establishment or class of establishment , for part or whole of India , and submission of application in the form so provided , may be allowed:

Provided further that certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate .

(VII ) Registration of Contract work : -

(1) Every person seeking registration for an establishment relating to contract work not already registered shall apply electronically in Form - 3 on the Official मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(8)

Portal by giving details about the establishment, and uploading documents related to Registration of the establishment along with Copy of treasury challan /e- challan or otherwise as proof of payment of registration fee prescribed in schedule II appended to the rules . The Form shall be signed digitally or in any other manner as may be required on the portal . The applicant shall be responsible for veracity of all information submitted in the application: ..

Provided that the State Government may amend schedule of fee for registration by general or special order .

(2) The registering officer may , on application being made to him under sub- rule ( 1 ) , register the establishment and issue a certificate of registration in Form - 4 electronically within such period as Prescribed in "Madhya Pradesh Lok Sewayon ke Pradan ki Guarantee Adhiniyam , 2010 " for such service , as amended from time to time, if the application is complete in all respect but not later than seven working days from the date of submission of complete application , failing which such establishment shall be deemed to have been registered and the certificate of registration shall be auto generated:

Provided that certificate of registration may be issued subject to compliance with such conditions as are specified in the certificate .

4. Late fees : Where an employer has not submitted its application for řegistration within 60 days as required under sub - section ( 1 ) of section 3 , he shall submit the application for registration along with late fee as under as notified from time to time :

Late fee - Percentage of Fees Period of Delay

5%

Upto 30 days

25%

Upto 60 days

Additional 1 % for every day After60 days

5. The registering officer under the Code may direct the employer who fails to comply with the requirements of sub - rule ( 1 ) of clause 3 (B ) ( I ) or 3 (B ) ( II ) or 3 (B ) ( III ) or 3 (B ) ( IV) or 3 ( B ) ( V) or 3B ( VI ) or 3 ( VII ) to do so within the time stated therein and such employer shall , thereupon comply with the instruction issued by the officer in this behalf.

6. In exceptional circumstances the State Government may, for such period, by notification , dispense with requirement of electronic registration , in respect of 276(9)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

establishment or class of establishment, for part or whole of India , and submission of application in the form so provided , may be allowed.

7. The certificate of registration shall be non - transferable and a copy of the certificate of registration shall be displayed in the premises of the establishment at the conspicuous place in hard copy or electronically.

8. The employer in respect of an establishment already registered under any . other central labour law for the time being in force shall , update the registration particulars on the Official Portal, within six months from the date on which the Code comes into force .

9. Any registration obtained by providing wrong information shall be liable to be cancelled provided that establishment has been given an opportunity to show cause, electronically or by registered post , as to why the certificate of registration should not be cancelled.

10. The employer shall quote the Registration Number on all documents prepared or completed by him in connection with the Code or the Rules or the Regulations or the Scheme , as the case may be , and in all correspondence with the office concerned.

11. Any change in the ownership , management or any particular furnished in Registration Form submitted on the specified portal , shall be updated on the portal by the employer within thirty days of such change .

12. The employer of an establishment to which the provisions of the Code apply and whose business activities are in process of closure , may apply for cancellation of registration online on the Official Portal after giving complete details of the dues payable under the Central Labour Codes:

Provided that no such application for cancellation of registration shall be entertained unless the employer has furnished all statutory returns , paid all statutory dues under the Central labour Codes and any other Central labour law in force in accordance with the law applicable for the time being and submitted a self- certification to that effect along with the application .

13. The registering officer shall maintain a register of establishment electronically in Form - 5 showing the particulars of establishment in relation to which certificates of registration have been issued by him .

14. The employer shall, within thirty days of the commencement and completion of any work , intimate to the Inspector-cum - Facilitator, having jurisdiction in the area where the proposed establishment or as the case maybe , the work is to be executed , intimating the actual date of the commencement , completion of work and cessation of establishment , as the case may be , in मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(10)

Form - 6 annexed to these rules electronically and the same shall be auto - shared to Employees ' Provident Fund Organization ( EPFO ) and Employees ' State Insurance Corporation ( ESIC ) .

15. Credit of fees . All fees payable under these rules shall be credited into the Government treasury under the State head of the account notified in this regard .

16. Appeal under Section 4.- ( i) The employer aggrieved by the order of Registering Officer , may appeal against such order before the appellate officer appointed by the State Government for such purpose within thirty days from the date of receipt by him of such order , electronically.

(ii) 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 .

(iii ) When the appeal has been admitted , the appellate officer shall send the notice of the appeal to the registering officer , against whose order the appeal has been preferred and the registering officer shall thereupon send the records of the case to the appellate officer online electronically.

(iv) 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 .

(v) 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.

(vi ) 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 .

(vii ) The order of the Appellate Officer shall be communicated electronically or by registered post to the appellant and copy thereof shall be sent to the registering officer against whose order the appeal has been preferred and shall be disposed of within a period of thirty days from the date of receipt of appeal .

17. Saving for Pending Cases . Nothing contained in Rules shall affect the grant , renewal , transfer or amendment of licence pending at the time when these rules come into force . Such cases of grant , renewal , transfer or amendment shall मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(11) be dealt with in accordance with the rules in force at the time of the commencement of these rules .

18. Notice by employer of commencement and cessation of operation [ Rule prescribed under Section - 5 ] .-

The employer of every factory shall within thirty days of the commencement or cessation of operation, submit to the Registering Officer in Form 6 , electronically and the notice of cessation of operation shall be enclosed with a certificate that the payment of all dues to the workers employed in the establishment have been made and the premises are kept free from storage of hazardous chemical sand substances .

CHAPTER - III

Duties of Employers and Employees Rules prescribed under Section - 6

19. Annual health Examination under clause ( c) of sub - section ( 1 ) . -

Every employer of factory , building and other construction work , beedi and cigar work, plantation , motor transport undertaking shall arrange to conduct free of cost , medical examination for every worker annually i.e. within 120 days from the commencement of the every calendar year who has completed 30 years of age . The medical examination shall be conducted by a qualified medical practitioner as per proforma in the Form- 7. The Medical Certificate shall be submitted by the qualified medical practitioner to the concerned employer and employee .

20. Letter of appointment to employee under clause ( f) of sub - section ( 1 ) : - No employee shall be employed in any establishment unless he has been issued a letter of appointment in the prescribed format as appended to this Rule : Provided that , an employee who has not been issued an appointment letter containing the required particulars , shall be issued an appointment letter within three months of coming into force of this rule.

Format

(i) Name of employee :

(ii) Father's name:

(iii ) Aadhar number:

(iv) Labour Identification Number ( LIN ) of the establishment :

(v) Universal Account Number (UAN )/ Insurance Number ( ESIC ) :

(vi) Designation :

(vii ) Category of skill :

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 ( 12)

(viii) Date ofjoining :

(ix) Wages , Basic Pay and Dearness Allowance:

(x) Other allowance including accommodation whichever is/are applicable :

(xi) Avenue for achieving higher wages /higher position :

(xii) Applicability of social security EPFO and ESIC benefits applicable :

(xiii) Health check -up:

(xiv) Broad Nature of duties to be performed:

(xv) Any other information:

Signature

Occupier/manager

Rules prescribed under Section - 10

21.Notice of accidents and dangerous occurrences under sub section ( 1 ) of section 10 and 11.-

(1 ) Where at any place in an establishment which is a factory , building and other construction work , plantation , beedi and cigar works an accident occurs which results in the death of any person , the employer of the establishment shall forthwith send a notice thereof in Form - 8 electronically and inform by telephone to the Inspector- cum Facilitator and Chief Inspector- cum Facilitator and District Magistrate or Sub-divisional Officer , the officer- in- charge of the nearest police station ; and the family members /kin of the injured or deceased person .

(2) Where at any place in an establishment which is a factory , building and other construction work , plantation , beedi and cigar works an accident occurs which results in bodily injury by reason of which the person injured is prevented from working for a period of forty eight hours or more immediately following the accident , the employer or occupier or manager of the establishment shall forthwith send a notice in Form- 8 within twelve hours after the completion of forty eight hours , electronically to the Inspector- cum- Facilitator.

(3) Wherein an establishment there is any dangerous occurrence as specified in the schedule annexed hereto , whether causing any bodily injury or disability or not , a notice in Form - 8 shall within twelve hours be sent to :

(a) The Inspector - cum - facilitator;

(b) District Magistrate or Sub -divisional Officer:

Provided that if in the case of an accident or dangerous occurrence , death occurs to any person injured by such accident or dangerous occurrence after the मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 13) notices and reports referred to in the foregoing sub- rules have been sent , the employer or occupier or manager of the establishment shall forthwith send a notice thereof by telephone and electronically to the authorities and persons mentioned in sub - rules ( 1 ) and (2 ) and also have this information confirmed in writing within 12 hours of the death . Provided further that , if the period of disability from working for 48 hours or more referred to in sub - rule (2 ) does not occur immediately following the accident , or the dangerous occurrence , but later, or occurs in more than one spell , the report referred to shall be sent to the Inspector- cum- Facilitator in the prescribed Form within 24 Hours following the hours when the actual total period of disability from working resulting from the accident or the dangerous occurrence becomes 48 hours .

SCHEDULE

The following classes of dangerous occurrences , whether or not they are attended by personal injury or disablement , namely: -

(i) Bursting , of any lifting appliance 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 ;

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 14)

(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 ;

22. Notice of disease under sub - section ( 1 ) and (2) of Section 12.- ( 1) A notice in the following format shall be sent forthwith electronically , to the Inspector- Cum Facilitator or Chief Inspector- cum- facilitator, by the employer or occupier or manager of an establishment in which there occurs any disease as notified under the Third Schedule of the Code .

NOTICE OF DISEASE

(1 ) Name of establishment :

(2) Nature of establishment :

(3) Details of Patient :

(a) Name of Patient :

(b) Works number of Patient :

(c) Address of Patient :

(d) Precise occupation of patient :

(4) Nature of disease from which patient is suffering:

(5) Date of Detection of Disease :

(6) Details of Medical Practitioner:

(7) Has the case been reported to the Medical Officer :

Signature of employer /occupier / manager

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 15) Date:

(2) If any qualified medical practitioner attends on a person who is or has been employed in an establishment and who is or is believed by the qualified medical practitioner to be suffering from any disease specified in the Third Schedule , the qualified medical practitioner shall without delay send a report in writing to the office of the Chief Inspector - cum Facilitator stating-

(a) the name and full postal address of the patient ,

(b) the disease from which he believes the patient to be suffering , and

(c) the name and address of the establishment in which the patient is or was last employed.

Rules prescribed under Section 13 and 14

23. Duties of employee under clause (d) and (g) of Section 13.- If an employee comes to know that of any unsafe or unhealthy condition in the establishment , he shall report to the employer , health and safety representative or safety officer , as soon as practicable , electronically or in writing or telephonically .

24. Rights of Employee under sub - section (3 ) of Section 14.- On receipt of information from the employee relating to the existence of an imminent danger to their safety and health , the employer shall take immediate remedial action in this regard . The employer whether satisfied or not , shall send a report forthwith of such actions taken , to the Inspector- cum- facilitator electronically or by registered post or speed post .

CHAPTER IV

(Occupational Safety and health )

Rules prescribed under Section 17

25. State Occupational Safety and health advisory Board.-

(1) For the purpose of section 17 of the Code the State Occupational , Safety and Health Advisory Board shall consist of : -

I. Additional Chief Secretary /Principal Secretary/ Secretary Labour , Government of Madhya Pradesh- Chairman , ex officio ;

II . Chairman , Madhya Pradesh Pollution Control Board , Bhopal- Member , ex officio;

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(16)

III . Additional Chief Secretary / Principal Secretary/ Secretary , Department of Industrial Policy and Investment Promotion , Government of Madhya Pradesh-- Member , ex officio ;

IV . Labour Commissioner , Government of Madhya Pradesh - Member , ex officio;

..V... Commissioner,.. Health. , Government . of Madhya Pradesh- Member, ex officio;

VI . Chief inspector- cum- Facilitator , Government of Madhya Pradesh- Member , ex officio;

VII . Director , Mineral Resources Department , Government of Madhya Pradesh- Member ex officio ;

VIII . Secretary , Madhya Pradesh Building and Other Construction Workers Welfare Board Member , ex officio ;

XI . Secretary , MP Urban / Rural Unorganized Workers Welfare Board Member , ex officio ;

X. Secretary , Madhya Pradesh Labour Welfare Board- Member , ex officio ;

XI . Director , ESICS , Govt of Madhya Pradesh- Member , ex officio ;

XII . Five representative of employers- Members ;

XIII . Five representative of employees- Members ;

XIV.Five eminent persons connected with field of Occupational Safety and health- Member

XV. Deputy Secretary Labour- Member Secretary , ex officio

Members referred to in clause XII , XIII , XIV as above shall be nominated by Government of Madhya Pradesh.

(2) Term of Office . The terms of office of members as referred in clause XII , XIII , XIV of sub rule ( 1 ) shall be three years

(3) Procedure for nomination of members and discharge of their functions shall be prescribed by the State Government .

(4) Resignation . (a) A member of the State board , not being an ex officio member , may resign his office by a letter in writing addressed to the Chairperson of the State Board .

(b) The seat of such a member shall fall vacant from the date on which his resignation is accepted by the State Government , or on the expiry of thirty days from the date of receipt of the letter of resignation by the State Government which is earlier .

276(17)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

(c) A member appointed to fill a casual vacancy , arising due to death , resignation or otherwise of the member shall hold office for the remaining period of the tenure of office of the member in whose place he is appointed .

(5) Cessation of membership . -If any member of the State board , not being an ex - officio member , fails to attend three consecutive meetings of the State board , without obtaining the leave sanctioned by the Chairperson of such State board for such absence , he shall cease to be a member of State board:

Provided that the State Government may , if it is satisfied that such member was prevented by sufficient cause from attending three consecutive meetings , direct that such cessation shall not take place and on such direction being made , such member shall continue to be a member of State Board .

(6) Disqualification for membership . - A person shall be disqualified for being a member of the State Board-

(i ) if he is of unsound mind and stands so declared by a competent authority ;

(ii) ifhe is an un - discharged insolvent ; or

(iii ) if he has been convicted for an offence , having imprisonment of three months or more ;

(7) Removal from membership . - The State Government may remove any member of the State Board , if in its opinion such member has ceased to represent the interest which he purports to represent on such State Board : Provided that no such member shall be removed unless a reasonable opportunity is given to him of making are presentation against the proposed action under this rule .

(8) Travelling Allowance for members.- (i ) the travelling allowance of an official member shall be governed by the rules applicable to him for journey performed by him on official duties and shall be paid by the authority paying his salary.

(ii) the non - official members of the State Board shall be paid travelling allowance for attending the meeting of the State Board at such places as per the guidelines of Finance Department .

(9) Meeting of the Board and Quorum . ( 1 ) The State Board may meet as often as necessary :

Provided that the Chairperson shall , within fifteen days of the receipt of a requisition in writing from not less than one third of the members of the Board , call a special meeting thereof.

(2 )No business shall be transacted at any meeting unless at least 6 members are present , Provided that if at any meeting less than 6 members are present the मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(18)

Chairperson may adjourn the meeting to another date informing members present and giving notice to the other members that he proposes to dispose of the business at the adjourned meeting whether there is a prescribed quorum or not , and it shall thereupon be lawful for him to dispose of the business at the adjourned meeting irrespective of the member of members attending :

Provided that when the Chairperson calls a meeting for considering any matter which in his opinion is of urgent nature , notice of not less than three days shall be deemed sufficient .

(10) Chairperson to preside at meetings. The Chairperson shall preside over all meetings of the Board , and if the Chairperson is , for any reason , unable to attend a meeting of the Board, any member nominated by the Chairperson in this behalf, and in the absence of such nomination , any other member elected by the members present from amongst themselves at the meeting , shall preside at the meeting.

(11) Minutes of meetings . The proceedings of each meeting of the Board shall be recorded and circulated to all members after approval by the Chairperson as soon after the meeting as possible , subject to confirmation in the next meeting of the Board . After such confirmation , they shall be recorded in a Minute Book, which shall be kept for permanent record .

(12) Allowances payable to Non- official members . Every non - official member shall be paid travelling allowance and daily allowance for attending meetings of the Board and its sub - committees at rates admissible to Class I officers of the State Government .

(13) Appointment of Secretary , other Officers and Staff.- ( 1 ) The Board may , with the prior concurrence of the State Government , appoint an officer not below the rank of a Class I officer as Secretary of the Board .

(2) The Board may, with approval of state government , appoint such other officers and employees as it may consider necessary for the efficient discharge of its functions ;

Rule under section 21

26 .

Collection of Statistics

The employer shall submit the details of occupational safety and Health statistics electronically on web portal designated for the purpose .

Rule prescribed under Section - 22 ( 1 )

27. Safety Committee .

(1 ) In every factory, building and other construction works , Beedi and Cigar work and Plantation मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 (19) (a) wherein five hundred or more workers are ordinarily employed ; or

(b) a factory carries on " hazardous process " as defined under section 2 (za) of the Code ; or

(c) a factory carries on any process or operations declared to be " dangerous operations " under section 82 of the Code:

Provided that factories declared under Section 81 of the Code situated in . a particular area and carrying out "hazardous process " or " dangerous operations " of similar nature ,, shall have a common Safety Committee for them with the prior approval of Chief Inspector cum facilitator for the purpose this rule. The area of common safety committee shall be decided by Chief Inspector cum facilitator . Chief Inspector cum facilitator shall facilitate' formation of safety committee.

(2) The tenure of the safety committee shall be for three years . The safety committee shall meet atleast once in every quarter

(3 ) The representative of the workers shall be chosen by the registered trade Union . In case where there is no registered trade union the members may be chosen by the workers of the establishment :

Provided that there shall be adequate representation of the women workers in the committee .

(4) Safety Committee -shall have the right to be adequately and suitably informed of-

(a) potential safety and health hazards to which the workers may be exposed at work place;

(b) data on accidents as well as data resulting from surveillance of the working environment and of the health of employees , conducted at such establishments .

(5) The owner , employer , occupier, agent or manager shall , within a period of 15 days from the date of receipt of the recommendations of the Safety Committee shall take action to implement the recommendations .

28. Composition of Safety Committee . ( 1 ) The representatives of the management on Safety Committee , shall consist of-

(a) a senior official, who by his position in the organisation can contribute effectively to the functioning of the Committee , shall be the Chairman;

(b) a Safety Officer and Medical Officer wherever available and the Safety Officer in such a case shall be the Secretary of the Committee ;

(c) a representative each from the production , maintenance and purchase departments ; and मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(20)

(d) In case of common safety committee , minimum one employee form each factory shall be nominated by the occupier .

(2) The workers ' representatives on the Safety Committee referred to in sub -rule (1) shall be chosen by the workers .

(3) The minutes of the meeting of the Safety Committee referred to in sub - rule (1.) shall be recorded.

(4) Safety Committee shall have the right to be adequately and suitably informed of-

(a) potential safety and health hazards to which the workers may be exposed at workplace;

(b) data on accidents as well as data resulting from surveillance of the working environment and of the health of workers exposed to hazardous substances .

(5) Function and duties of the Safety Committee referred to in sub - rule ( 1 ) shall include -

(a) assisting and cooperating with the management in achieving the aims and objectives outlined in the " Safety and Health Policy " ;

(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 workers ;

(d) undertaking educational , training and promotional activities ;

(e) discussing reports on safety , environmental and occupational health surveys , safety audits , risk assessment , emergency and disaster management plans and implementation of the recommendations made in the reports ;

(f) looking into the matters likely to cause danger to the safety and health of the workers and suggest corrective measures ; and

(g) reviewing the implementation of the recommendations made by it .

29. Functions of Safety Committee . The functions of the Committee shall be-

(a) to discuss remedial measures against the unsafe conditions and practices in the establishment as pointed out in the reports of worker's representative brought to the notice of the Committee and make appropriate recommendations ;

(b) to discuss the report of inquiry into accident , dangerous occurrences etc. , and make appropriate recommendations ;

(c) to formulate and implement appropriate Safety campaign based on analysis ofaccidents and dangerous occurrences ;

(d) to serve as a forum for communication on Safety and occupational health matters; and 276(21 )

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(e) to discuss the standard operating procedures (SOP ) prepared for different plant , equipment, installations and methods at the mine and make appropriate recommendations .

30.Qualification of Safety Officer . ( 1 ) A person shall not be eligible for appointment as a Safety Officer unless he-

(i) possesses recognised degree in any branch of engineering or technology and has had practical experience of working in a establishment or in construction work, as the case may be , a supervisory capacity for a period of not less than 2 years ; or a recognised degree in physics or chemistry and has had practical experience of working in establishment in a supervisory capacity for a period of not less than 5 years ; or a recognised diploma in any branch of engineering or technology and has had practical experience of working in a establishment in construction work , in a supervisory capacity for a period of not less than 6 years;

(ii ) possesses a degree or diploma in the industrial safety recognised by the State Government in this behalf; and

(iii ) has adequate knowledge of the language spoken by majority of the workers in the region in which the establishment where he is to be appointed is situated.

(2) Notwithstanding the provisions contained in clauses ( i) and ( ii ) sub - rule ( 1 ) , any person who possesses a recognised degree or diploma in engineering or technology and has had experience of less than 5 years in a department of the Central or State Government which deals with the administration of the Occupational safety , health and working conditions Code ,2020 ; or Possesses a recognised degree or diploma in engineering or technology and has had experience of not less than 5 years , ( full time ) in training education consultancy or research in the field of accidents prevention in industry or in any institution, shall also be eligible for appointment as Safety Officer :

Provided that the Chief Inspector cum facilitator may, subject to such conditions as he may specify , grant exemption from the requirements of this sub rule , if in his opinion, a suitable person possessing the necessary qualifications and experience ; is not available for appointment .

31. Duties of Safety Officer. (a) The duties of a Safety Officer shall be to advice and assist the establishment management in the fulfilment of its obligations , statutory otherwise concerning prevention of personal injuries and maintaining a safe working environment . These duties shall include the following namely : - मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 (22)

(i) to advice the concerned departments in planning and organising measures necessary for the effective control or personal injuries ;

(ii ) to advise on safety aspects in all job studies and to carry out detailed job safety of selected jobs ;

(iii ) to check and evaluate the effectiveness of the action taken or proposed to be taken by concerned department to prevent personal injuries ;

(iv) to advise the purchase and stores departments in ensuring high quality and availability of personal protective equipment ;

(v) to advise on matter related to carrying out plant safety inspections ;

(vi ) to render advise on matters related to reporting and investigation of industrial accidents diseases ;

(vii) to investigate selected accidents ;

(viii ) to investigate the cases of industrial diseases contracted , dangerous occurrence reportable under rules;

(ix) to advise on the maintenance of such records as are necessary relating to accidents , dangerous occurrences and industrial diseases ;

(x) to promote setting up of safety committees and act as advisor to such committees;

(xi ) to organise in association with the concerned departments , campaigns , contests and other activities will develop and maintain the interest of the workers in establishing and maintaining safe conditions of work and procedures; and

(xii ) to design and conduct either independently or in collaboration with the training department suitable training and educational programmes for the prevention of personal injuries .

32. Facilities to be provided to Safety Officers . The 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 .

33. Prohibition on performance of other Duties . - No Safety Officer shall be required or permitted to do any work which is inconsistent with department to the performance of the duties prescribed in Rule 30 (C) .

276(23

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

34.Number of Safety Officers . In every establishment where appointing of Safety officer is mandatory shall appoint safety officers , as laid down in the scale given below :

ForFactories

Employmenť

Sr.No.

500 to 1000 workers 1.

1001 to 2000 workers 2.

2001 to 5000 workers 3.

5001 to 10000 workers 4.

(A) For factories carrying on Hazardous process

Employment

Sr.No.

250 to 500 workers 1.

501 to 1000 workers 2.

1001 to 2000 workers 3.

2001 to 5000 workers 4.

5001 to 10000

5.

(B) For Building or other construction work

Employment

Sr.No.

250 to 500 workers 1.

501 to 1000 workers 2.

1001 to 2000 workers 3.

2001 to 5000 workers 4.

5001 to 10000

5.

Number of Safety officers

One safety officer

Two safety officers

Three safety officers

Four safety officers

Number of Safety officers

One safety officer

Two safety officers

Three safety officers

Four safety officers

Five safety officers

Number of Safety officers

One safety officer

Two safety officers

Three safety officers

Four safety officers

Five safety officers :

Provided that for employment above 10000 workers one additional safety officer shall be appointed for every additional 5000 workers or part thereof.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(24)

Any appointment , when made , shall be notified to the Inspector cum facilitator having jurisdiction in the area , giving full details of the qualifications , terms and conditions of service of such safety officers .

CHAPTER V

Hours of work and anuual leave with wages

35. Daily and weekly working hours under clause (b ) of sub - section ( 1 ) of Section 25.-

(1) No worker shall be required or allowed to work in an establishment for more than forty eight hours in any week .

(2) The period of work of a worker shall be so arranged that inclusive of his intervals for rest , shall not spread over for more than twelve hours in a day .

(3) The period of works of workers shall not exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of atleast half an hour .

(4) The working hours in a day may be modified subject to sub- rules ( 1 ) , (2 ) and (3 ) , so that the total number of working hours in a week shall be so fixed and followed .

36. Interruption period allowed in running time under Explanation (a) of sub - section ( 1 ) of Section 25.- A maximum of fifteen minutes interruption shall be allowed any time during which the running of the transport vehicle is interrupted.

37. Working hours of working journalist under sub - section (2) of Section 25.-( 1 ) The provisions under this rule shall apply to working journalist but not apply to editors , or to correspondents , reporters or news photographers .

(2) Notwithstanding anything contained in sub - rule ( 1 ) the following provisions shall apply to every correspondent, reporter or news photographer stationed at the place at which the newspaper establishment (in relation to which any such person is employed) is situated , namely:

(a) Subject to such agreement as may be arrived at either collectively or individually between the parties concerned , every such correspondent , reporter or news photographer shall , once he enters upon duty on any day, be deemed to be on duty throughout that day till he finishes all the work assigned to him during that day:

Provided that if such correspondent , reporter or news photographer has had at his disposal for rest any interval or intervals for a total period of two hours or less between any two or more assignments of work , he shall not be deemed to be on duty during such period:

१८ 276(25)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

Provided further that where the total period of such interval or intervals exceeds two hours , he shall be deemed to be on duty during the period which is in excess of the said period of two hours .

(b) Any period of working in excess of thirty - six hours during any week , which shall be considered as a unit of work for the purposes of this sub- rule, shall be compensated by rest during the succeeding week and shall be given in one or more spells of not less than three hours each:

Provided that where the aggregate of the excess hours worked falls short of three hours , the duration of rest shall be limited only to such excess .

38. Normal working day for working journalist . The number of hours which shall constitute a normal working day for a working journalist exclusive of the time for meals shall exceed six hours per day in the case of a day shift and five and a half hours per day in the case of a night shift and no working journalist shall ordinarily be required or allowed to work for longer than the number of hours constituting a normal working day .

39. Interval for rest for working journalist . Subject to such agreement as may be arrived at between a newspaper establishment and working journalists employed in that establishment, the periods of work for working journalist shall be so fixed that no working journalist shall work for more than four hours in the case of a day shift and three hours in the case of a night shift before he had an interval of rest, in the case of the day shift for one hour , and in the case of the night shift for half an hour .

40. Compensation for overtime work . When a working journalist work for more than six hours on any day in the case of a day shift and more than five and a half- hours in the case of a night shift , he shall , in respect of that overtime work, be compensated in the form of hours of rest equal in number to the hours for which he has worked overtime .

41. Conditions governing night shifts . -No working journalist shall be employed on a night shift continuously for more than one week at a time or for more than one week in any period of fourteen days .

42. Interval preceding change of shift . In the case of change of shift from night to day shift or vice versa, there shall be an interval of not less than twenty- four consecutive hours between the two shifts and in the case of a change from one day shift to another day shift or from one night shift to another night shift there shall be interval of not less than twelve consecutive hours :

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(26)

Provided that no such interval may be allowed if such interval either coincides with or falls within, the interval enjoyed by a working journalist under sub - section (2 ) of Section 25 of the Code.

43. Number of holidays in a year for sales promotion employee or working journalist . -A working journalist or sales promotion employee shall be entitled to ten holidays in a calendar year .

44. Compensatory holidays for sales promotion employee or working journalist . If a working journalist or sales promotion employee is required to attend on a holiday , a compensatory holiday shall be given to him, within thirty days immediately following the holiday, on a day mutually agreed upon by him and his employer .

45. Wages for holidays . A working journalist or Sales promotion employee shall be entitled to wages on all holidays as if he was on duty .

46. Wages for weekly day of rest . -

A working journalist and Sales promotion shall be entitled to wages for the weekly day of rest as if he was on duty .

47. Competent officers . -Every newspaper establishment may designate one or more officers in that establishment as competent officers for the purposes of rules under this Chapter.

48. Procedure for availing leave by working journalist or sales promotion employee.- ( 1 ) A working journalist or sales promotion employee who desire to obtain leave shall apply in writing to the competent officer of the establishment .

(2) Application for leave under sub - rule (1 ) , other than casual leave , leave on medical certificate and quarantine leave , shall be made not less than one month before the date of commencement of leave, except in urgent or unforeseen circumstances .

(3) If leave is refused or postponed , the competent officer of the establishment shall record the reasons for such refusal or postponement, as the case may be, and send a copy of the order to the working journalist or sales promotion employee as the case may be .

(4) Holidays , other than weekly days of rest , shall not be prefixed or suffixed to any leave without the prior sanction of the competent officer of the establishment .

(5) A holiday including a weekly rest day , intervening during any leave granted under these rules , shall form part of the period of leave .

49. Recall a working journalist or sales promotion employee before expiry of leave . ( 1 ) A newspaper establishment may recall a working journalist or मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(27) sales promotion employee on leave , if that establishment considers it necessary to do so . In the event of such recall , such working journalist or sales promotion employee shall be entitled to travelling allowance , if at the time of recall he is spending his leave at a place other than his headquarters .

(2) The travelling allowance , which shall be paid to a working journalist under sub rule ( 1 ) shall be determined in accordance with the rules of the establishment governing travelling allowance for journeys undertaken by the working journalists or sales promotion employee in the course of their duties .

50. Production of medical certificate of fitness before resumption of duty. - A working journalist or sales promotion employee who has availed himself of leave for reasons of health may, before he resumes duty , be required by his employer to produce a medical certificate of fitness from the qualified medical practitioner or medical officer who issued the medical certificate .

51. Designation of Medical Officer . -Every establishment employing working journalist or sales promotion employee may designate one or more qualified medical practitioners in conformance with Section 42 of the Code .

52. Earned leave . - (1 ) A working journalist or sales promotion employee shall be entitled to earned leave on full wages for a period not less than one month for every eleven months spent on duty:

Provided that -he shall cease to earn further such leave when the earned leave due amounts to ninety days .

(2) The period spent on duty shall include the weekly days of rest, holidays , casual leave and quarantine leave .

53. Wages during earned leave . A working journalist or sales promotion employee on earned leave shall draw wages equal to his average monthly wages earned during the period of twelve complete months spent on duty, or if the period is less than twelve complete months , during the entire such period , immediately preceding the month in which the leave commences .

54. Cash compensation for earned leave not availed of.- ( 1 ) When a working journalist or sales promotion employee voluntarily relinquishes his post or retires from service on reaching the age of superannuation , he shall be entitled to cash compensation for earned leave not availed of up to a maximum of thirty days:

Provided that a working journalist or sales promotion employee who has been refused earned leave due to him shall be entitled to get cash compensation for the earned leave so refused:

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(28)

Provided further that in the case of a working journalist who dies while in service and who has not availed himself of the earned leave due to him immediately preceding the date of his death , his heirs shall be entitled to cash compensation for the leave not so availed of.

(2) When a working journalist's or sales promotion employee's services are terminated for any reason whatsoever , other than as punishment inflicted by way of disciplinary action , he shall be entitled to cash compensation for earned leave not availed of up to a maximum of ninety days .

(3 ) Such cash compensation shall not be less than the amount of wages due to a working journalist or sales promotion employee for the period of leave not availed of, the relevant wage being that which would have been payable to him had he actually proceeded on_leave on the day immediately preceding the occurrence of any of the events specified in sub - rule ( 1 ) or (2 ) , as the case may be.

55. Leave on medical certificate . -

(1) A working journalist or sales promotion employee shall be entitled to leave on medical certificate on one - half of the wages at the rate of not less than one month for every eighteen months of service :

Provided that he shall cease to earn such leave when the leave on medical certificate amounts to ninety days .

(2) Such medical certificate shall be from a medical officer : Provided that when a working journalist has proceeded to a place other than his headquarters with the permission of his employer and falls ill , he may produce a medical certificate from any registered medical officer :

Provided that the employer may , when the qualified medical practitioner is not in the service of the Government , arrange at his own expense , the medical examination of the working journalist or sales promotion employee concerned by any Medical Officer .

(3) Leave on medical certificate may be taken in continuation with earned leave provided that the total of duration earned leave and leave on medical certificate taken together shall not exceed a hundred and twenty days at anyone time .

(4) A working journalist or sales promotion employee shall be entitled at his option to convert leave on medical certificate on one - half of the wages to half the amount of leave of full wages .

(5) The ceiling laid down in the provision to sub - rule ( 1 ) and sub - rule (3 ) on the accumulation and total duration of leave may be relaxed by the competent 276(29)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

officer in the cases of working journalists or sales promotion employees suffering from lingering illness such as tuberculosis .

(6) Leave on medical certificate or converted leave on medical certificate referred to in sub - rules ( 1 ) and (4) may be granted to a working journalist at his request notwithstanding that earned leave is due to him.

56. Quarantine leave ..-Quarantine leave on full wage shall be granted by the newspaper establishment on the certificate of the authorized medical practitioner designated as such under section 42, for a period not exceeding twenty - one days or, in exceptional circumstances , thirty - days . Any leave necessary for quarantine purposes in excess of that period shall be adjusted against any other leave that may be due to the working journalist or sales promotion employee .

57. Extraordinary leave . - A working journalist or sales promotion employee who has no leave to his credit may be granted extraordinary leave without wages at the discretion of the newspaper establishment in which such working journalist or sales promotion employee is employed .

58. Leave not due . -A working journalist or sales promotion employee who has no leave to his credit may be granted at the discretion of the newspaper establishment in which such working journalist is employed.

59. Study leave. -A working journalist or sales promotion employee may be granted study leave with or without wages at the discretion of the newspaper establishment in which such working journalist or sales promotion employee isemployed.

60. Casual leave . -( 1 ) A working journalist or sales promotion employee shall be eligible for casual leave at the discretion of the newspaper establishment for fifteen days in a calendar year :

Provided that no more than five day's casual leave shall be taken at any one time and such leave shall not be combined with any other leave .

(2) Casual leave not availed of during a calendar year will not be carried forward to the following year.

61. Weekly day of rest under sub -section (2) of Section 26.-

(1 ) For the purpose of section 26, there shall be posted up in a conspicuous place outside the office of every establishment a notice showing the weekly day of rest . Where the weekly day of rest is not the same day for all persons employed in the establishment , the notice shall show the day of rest allowed to each relay , or set of persons or individual .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(30)

62. Compensatory holidays .- ( 1 ) Except in the case of worker engaged in any work which for technical reasons must be carried on continuously throughout the day, the compensatory holidays to be allowed under sub - section (3 ) of section 26 of the Code shall be so spaced that not more than two compensatory holidays are given in one week .

(2).The manager of the establishment shall display, on or before the end of the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the following month and of the dates thereof, at the place at which the notice of periods of works prescribed under section 26 is displayed . Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday.

(3) 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 .

63. Extra Wages for overtime under Section 27.- ( 1 ) In pursuance of Section 27 of Code , where in an establishment a worker works for more than eight hours in any day or for more than forty - eight hours in any week , as the case maybe, 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.

(2) In calculating overtime on any day , a fraction of an hour between 15 to 30 minutes shall be counted as 30 minutes and in case of more than 30 minutes it shall be rounded and shall be counted as an hour on actual basis .

(3 ) In calculating the wages or earnings in the case of a worker paid by the month, the daily wages shall be 1 /26th of his monthly wages ; and in the case of any other worker it shall be the daily wages or earnings as the case may be .

(4) The spread over for the workers shall exceed twelve hours in any one day under the following works and circumstances in factories , building or other construction, 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 ;

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(31) (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 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

(1) engaged in any work , which is notified by the State Government or Central government in the Official Gazette as a work of national importance:

Provided that no worker shall be allowed to work overtime exceeding one hundred twenty five hours in any quarter of a year .

64. Notice of periods of work under sub - section (2) of section 31.- ( 1 )The notice referred to in sub - section (2 ) of section 31 shall be displayed at conspicuous places on a notice board or electronic board and maintained in Form- 9 and copy of such notice shall be sent to Inspector - cum- facilitator electronically or by registered post.

CHAPTER VI

ΜΑΙΝΤΕΝΑNCE OF REGISTERS , RECORDS AND RETURNS (Rules under Section 33 )

65. Maintenance and production of reports , registers and other records Every employer shall-

(a) maintain register of workers , wages , overtime , fine , deduction for damage or loss in form 10 electronically and shall be kept available at an office or the nearest convenient building within the precincts of the establishment;

(b) in case of manual registers and other records , be legibly entered in ink in English and Hindi or the language understood by a majority of the persons employed;

(c) be preserved in original for a period of three calendar year after the date of the last report or entry:

Provided that when the original record is lost or destroyed before the expiry of one year period , true copies thereof, if available , shall be preserved for the prescribed period ;

(d) be produced , electronically or by registered post , on demand before the Chief Inspector - cum- facilitator or an Inspector- cum- facilitator or any person authorized in that behalf of the State Government .

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

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66. Display of notice board . - Every employer shall cause to display at the conspicuous place of the workplace of the establishment under his control, notice showing the name and address of the establishment , hours of work , wage period, date of payment of such wages , details of accident and dangerous occurrence in the establishment for the last five years , name and address of the --Inspector - cum - facilitator having jurisdiction to such establishment and date of payment of unpaid wages to such workers in English , Hindi and in the Local Language understood by the majority of the workers .

67.Return.- Every employer of an establishment shall send annually a return relating to such establishment induplicate in Form- 11 to the Inspector- cum- facilitator having jurisdiction so as to reach him not later than 1st February following the end of each calendar year with a copy to Director General , Labour Bureau electronically .

68. Register of accident and dangerous occurrences . The registers of accident and dangerous occurrences required by sub - clause (v) of clause ( a) of section 33 of the Code shall be maintained in a Form - 12 .

69. Register of leave with wages under clause (a ) of section 33.-

(1) The owner , agent or manager of every establishment shall maintain in respect of every employee thereof a record of leave with wages electronically or manually in Form- 13 .

(2) The register mentioned in sub- rule ( 1 ) shall be preserved for a period of two years after the last entry in them has been made and shall not be destroyed even after the expiry of that period unless it has been properly transferred to the new register.

CHAPTER VII (Inspector cum facilitator etc. )

Rules under section 34 (5)

70. Qualification for the post of Chief Inspector cum facilitator for various establishment shall be as per schedule III appended to these rules .

71. Powers and duties of Inspector - cum - facilitator.-

(1 ) Inspector - cum- Facilitator shall , after every inspection , as may be deemed necessary , issue prohibition or improvement notice pointing out the non- compliance of provisions of safety, health and working conditions under the Code, and rules and regulations framed thereunder , to the occupier manager of the factory .

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मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

(2) An Inspector- cum - Facilitator shall , at each inspection, ascertain to what extent any shortcomings notified at a previous inspection have been rectified and the notices previously issued have been complied with. His findings and any shortcomings which may come to light during the inspection , together with any order passed by him under the Code or the regulations made thereunder shall be recorded and maintained .

(Rule under clause (x) of sub - section ( 1 ) of section 35)

72. Power to take samples of any articles or substances.-

(1 ) An Inspector cum facilitator may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory , taken in the manner hereinafter provided a sufficient sample of any substance used or intended to be used in the factory , such use being- ( a) in the belief of the Inspector cum facilitator in contravention of any of the provisions of the Code or this rules made thereunder ; or

(b) in the opinion of the Inspector cum facilitator likely to cause bodily injury to, or injury to the health of workers in the factory.

(2) Where the Inspector cum facilitator takes a sample under sub - rule ( 1 ), he shall, in the presence of the person informed under that sub- section unless such person wilfully absents himself, divide the sample into three portions and effectively seal and suitably mark them , and shall permit such person to add his own seal and mark thereto .

(3 ) The person informed as aforesaid shall, if the Inspector cum facilitator so requires , provide the appliance for dividing , sealing and marking the sample taken under this section .

(4) The Inspector cum facilitator shall- (a) forthwith give one portion of the sample to the person informed under sub - rule ( 1 ) ;

(b) forthwith send the second portion to a Government Analyst for analysis and report thereon ;

(c) retain the third portion for production to the Court before which proceedings , if any, are instituted in respect of the substance .

(5) Any document purporting to be a report under the hand of any Government Analyst upon any substance submitted to him for analysis and report under this rule , may be used as evidence in any proceeding instituted in respect of the substance .

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276(34)

non 73. Third party audit and certification.- ( 1 ) Labour Commissioner may recognise any person or institution , who are recognised by Chief Inspector cum facilitator as Competent Person or Institutes or possessing required qualification under Rules of the Madhya Pradesh Factories ( Occupational Safety , Health and Working Conditions ) Rules , 2020 to inspect dangerous machines , hoist & lift , Lifting machines & Lifting Tools & pressure vessels , as Third party auditor /certifier for third party audit/ certification of hazardous category Factories employing up to fifty workers .

(2) Labour Commissioner on receipt of application in prescribed form shall register or reject such application after satisfying himself regarding qualification and experience of the applicant . Such application shall be disposed of either by issuing a certificate of third party auditor / certifier in the prescribed form or by rejecting the same specifying reason therefore within a period of 60 days.

(3 ) Certificate of recognization as third party shall be issued for such area and for such period as may be specified in certificate.

(4) The Labour Commissioner , if he has reason to believe that a recognized person/Institution has rendered himself unfit for any reason, to be recorded in writing , may revoke person /Institution reorganised for third party certification after giving an opportunity to the third party certifier of being heard .

(5) Any person recognised for third party certification shall not be deemed to be a public servant within the meaning of The Indian Penal Code (45 of 1860) Explanation -For the purpose of this Rules , an Institution includes an organisation or agency .

(5) Such factories which submit the audit/certification report carried out by a third party authorised by Labour Commissioner of Madhya Pradesh regarding compliances of THE OCCUPATIONAL SAFETY , HEALTH AND WORKING CONDITIONS CODE, 2020 and rules made thereunder to the Inspector cum facilitator having jurisdiction before 31st January every year, shall be exempted from routine inspection process , provided, inspection of such factories shall only be carried out with the prior permission of Labour Commissioner, Madhya Pradesh in case of serious /fatal accident or complaint information thereto. The factories those fail to submit their compliance certification report before the prescribed deadline of 31st January of every year shall not be entitled for such exemption .

(Rules under sub -section ( 1) of Section 42) मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(35) 74. Appointment of Medical Officer.- ( a) The Medical Officer shall be a medical practitioner who possesses minimum MBBS degree from medical institute recognised by Medical Council of India/ National Medical Commission or Madhya Pradesh Medical Council ;

(b) Medical practitioner having Diploma in Industrial health or equivalent post graduate certificate of training in industrial health shall be given preference.

75. Duties of Medical Officer.- ( 1 ) On receipt of a reference under clause (c ) sub section (2 ) of section 42 of the code , the Medical Officer shall , after giving prior notice regarding date , time and place for medical examination and upon examining the person sent for such examination , prepare the age and fitness certificate on Form no . 28 and deliver the same to the manager of the establishment concerned after retaining a copy thereof.

(2) The medical officer may seek opinion of specialists like radiologist , dentist and orthopaedic surgeon as the case may be , for the purpose of determination of age.

(3) Medical Officer shall carry out such examination and furnish such report as government may direct :

(a) for examination and certification of workers in an establishment in such dangerous occupation or processes as specified in First Schedule to the Code ;

(b) for medical supervision of any establishment or class of establishment where cases of chronic occupational illness have occurred due to arduous nature of any process carried on or hazardous condition of work ;

(c) in respect of any establishment or class of establishment or description of establishment in which operations involve any risk of injury to the health of any person or class of persons employed therein;

(d) to undertake occupational health survey for any or class of an establishment , where cases of illness have occurred or there is prevalence of diseases as prescribed in Third Schedule of the code;

(e) to assess the age and issue fitness of adolescent for employment in an establishment or class of establishment .

CHAPTER - VIII

(Special provisions on Women Employment

76. Employment of Women in establishment.- (1 ) The following conditions shall be met for employment of women during night or before 6.00 a.m. and beyond 7.00 p.m in any day, namely : -

(a) the consent of women employ shall be taken;

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(b) No women shall be employed against the maternity benefit provisions laid down under the Social Security Code, 2020 (36 f 2020 ) ;

(c) adequate transportation facilities shall be provided to women employee to pick- up and drop such employee at her residence ;

(d) the workplace including passage towards conveniences or facilities concerning toilet, washrooms , drinking water , entry and exit of women.. employee should be well - lit ;

(e) the toilet , washroom and drinking facilities should be near the workplace where such women employee are employed ; and

(f) provide safe , secure and healthy working condition such that no women employee is disadvantaged in connection with her employment .

(g) The provisions of the Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal ) Act , 2013 ( 14 of 2013 ) , as applicable to the establishments , shall be complied with .

77. Adequate safety of employment of women in dangerous operations.- (1 )No Pregnant woman shall be allowed to work in a factory involved in dangerous operations , where she is likely be exposed to hazardous substances which are carcinogenic for herself and teratogenic ( for foetus) .

(2) All the measures as mentioned in the provisions related to hazardous process and dangerous operation shall be complied with.

(3) Women shall be well trained on their job, shall be rendered knowledge about the hazardous properties of the substances being handled, stored, manufactured , hazards present at their workplace , and measure to overcome with that .

(4) Women employed shall be provided with all the necessary personnel protective appliances at the workplaces , they are deployed .

(5) Women shall be trained and made aware about the means of escape in the events of fire , leakage , spillage hazardous substances .

CHAPTER IX - Special Provisions

PART I - Contract labour

78. Qualification and Criteria of the Contractor under sub - section ( 1) of section 47.- For the purposes of obtaining license , the contractor as an entity or as an individual should not be an un - discharged insolvent or convicted any time during the last two years of an offence which is criminal in nature involving offences which are liable for punishment for more than three months of imprisonment .

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79. Conditions of license under sub - section (3) of section 47.- (1 ). The contractor shall ensure that:

(a) the hours of work shall conform to the rules made under Section 25 of the Occupational Safety , Health and Working Conditions Code , 2020 (37 of 2020 ) ;

(b) the wages shall be paid in accordance with the Code on Wages , 2019 (29 of 2020);

(c) if the contract worker of the contractor is working at the premises of the principal employer then it shall be the responsibility of the principal employer to provide the facilities or amenities such as toilet , washroom , drinking water , bathing facilities if required , changing room , first aid box , canteen and crèche ;

(d) all other facilities and entitlements shall be provided by the contractor ;

(e) in case the contractor fails to make payment of minimum wages to the contract worker, then the Labour Commissioner or his representative, who shall cause such payment to be made to the contract workers who have not been paid out of the security deposit maintained under rule 84 including by invoking the bank guarantee ; and

(f) he shall intimate within fifteen days of the receipt of a contract work order about the details the contract work order and in the manner as under rule 86 .

80. Form and manner of application for contractor license under of sub- section ( 1 ) of Section 48. - Every application - by a contractor for the grant of a license shall be made on - line electronically through official portal in Form - 16 to the licensing authority.

81. Forms , terms and conditions of license.- ( 1 ) Every license granted shall be inForm-17.

(2) Every license granted or renewed is subject to the following conditions , namely:-

( i) the license shall be non - transferable ;

(ii) the number of workers employed as contract labour by the contractor shall not, on any day , exceed the maximum number specified in the license;

(iii ) save as provided in these rules , the fees paid for the grant , or as the case may be , for renewal of the license shall be non - refundable ;

(iv) the rates of wages payable to the workers by the contractor shall not be less than the rates prescribed under the Code on Wages , 2019 and where the rates have been fixed by agreement , settlement or award , not less than the rates so fixed.

82. Procedure for issue of license under sub - section (2) of section 48.- ( 1 ) Before a license is issued under any rule of these rules , bank guarantee for an मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(38)

amount calculated at the rate of rupees one thousand for each of the worker to be employed as contract labour, in respect of which the application for license has been made , shall be deposited by the contractor for performance of the conditions of the license and compliance with the provisions of the Code or the rules made thereunder .

(2) Wherein the issued contract license had expired , based on the request of the applicant in Form, the Licensing Authority may adjust the security deposit in respect of his application for new license .

(3) The fees to be paid for the grant of a license shall be as notified by the State Government in the official Gazzette from time to time .

83. Renewal of license under section 48 .- ( 1 ) Every contractor shall apply electronically on official portal to the Licensing -Authority for renewal of the license .

(2) Every such application shall be submitted on the said portal at least 30 days prior to expiry of license period but not before 90 days of such expiry of license .

(3 ) The security deposit and the fee chargeable for renewal of the license shall be the same as for the grant of license under rule 82:

Provided that if the application for renewal is not received within the time specified in sub - rule (2 ) , an additional fee of twenty five per cent, shall be payable for such renewal .

(4) It shall be the responsibility of the authority concerned to renew license within 30 days .

84. Refund of security deposit.- ( 1 ) On expiry of the period of license the contractor may, if he does not intend to have his license renewed further , make an application electronically to the licensing authority for the refund of the security deposited by him (in form of bank guarantee) along with copy of licence and notice of completion of work and bank details in which amount is required to be refunded.

(2) If the Licensing Authority is satisfied that there is no breach of the conditions of license or there is no order for the forfeiture of security deposit or any portion thereof, he shall direct the refund of the security deposit to the applicant.

(3) If there is any order directing the forfeiture . of any portion of contractor's security deposit , the amount to be forfeited shall be deducted from the security deposit, and balance , if any , shall be refunded to the contractor.

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(4) Any application for refund shall , as far as possible , be disposed of within thirty days of the receipt of the application .

( 4) of section 48.-

85. Responsibility of contractor under sub - section

(1) The rates of wages payable to the workers by the contractor shall not be less than the rates prescribed under the Code on Wages , 2019 (29 of 2019 ) and where the rates have been fixed by agreement , settlement or award , not less than the rates so fixed.

(2) In case where the worker employed by the contractor perform the same or similar kind of work as the worker directly employed by the principal employer of the establishment , the wage rates , holidays , hours of work and other conditions of service of the workers of the contractor shall be the same as applicable to the workers directly employed by the principal employer of the establishment on the same or similar kind of work. In case of any dispute whether the work is of similar kind, the matter be referred to the Licensing Authority whose decision shall be final .

(3) In other cases the wage rates , holidays , hours of work and conditions of service of the workers of the contractor shall be such as specified under the Code and rules made thereunder .

(4)All contract labour shall be made member of EPFO and ESIC subject to applicability as under respective provisions of the Code on Social Security, 2020 .

(5)The contractor shall notify any change in the number of workers or conditions of work to the Licensing Authority , electronically .

86. Intimation of work order and time limit for intimation under section 50 .-( 1 ) Every contractor shall within fifteen days of the receipt of a contract work order shall intimate about the contract work order containing the details such as the name of the principal employer , address of the premises where work is being undertaken , date of commencement of the contract work, the number of contract labour employed under that work order , duration of work orders .

(2) The details of work order shall be sent by the contractor or his authorized representative .

(3) The intimation shall be sent electronically on official portal or on the e - mail ofthe Labour Commissioner or Licensing Authority.

87. Revocation or suspension of license under section 51.-

(1 ) If the Licensing Authority is satisfied that the licence has been obtained by mis - representation or suppression of any material fact or if the contractor has failed to comply with the conditions subject to which licence was granted or the

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276(40)

contractor has contravened any provision of the Part - I , Chapter - XI of the Code or rules made thereunder, the Licensing Authority shall issue a show cause notice of 15 days to the contractor electronically . On receipt of the reply if any , from the contractor within 15 days , the Licensing Authority shall examine the same and in case the licensing authority finds that the continuation of contract business by the contractor is going to lead to grave harm to the workers , he may . pass a speaking order recording the reasons for revocation or suspension or otherwise and communicate to the contractor electronically . A copy of the order shall be endorsed to the Labour Commissioner , Inspector cum facilitator and concerned principal employer .

(2) If the contractor has complied with the said provisions of the code and rules made thereunder within the stipulated time period , the Licensing Authority shall revoke the suspension giving a speaking order or else the suspension may be continued.

(3) If the contractor fails to comply with the directions as in sub -rule ( 1 ), the Licensing Authority may forth with pass an order of revocation of license , recording the reasons thereof and communicate to the contractor electronically. The copy of the order shall be endorsed electronically to the Labour Commissioner , Inspector cum facilitator and concerned principal employer .

88. Appeal under sub - section (1 ) of section 52 : The appellate authority under sub- section ( 1 ) of section 52 of the Code shall be as notified by the State Government in this behalf.

89. Responsibility of Payment of wages under Section 55.- ( 1 ) The contractor shall fix the wage periods in respect of which wages shall be payable and no wage period shall exceed one month .

(1 ) The wages of every person employed as contract labour in an establishment or by a contractor shall be paid before the expiry of seventh day after the last day of the wage period in respect of which the wages are payable .

(3 )The wages shall be disbursed only through bank transfer or electronic mode ..

90. Making payment of wages from the security deposit amount under sub- section ( 4) of section 55.-

If the contractor or principal employer does not pay the wages to the contract labour employed by him , the Labour Commissioner or his representative or the competent officer as may be notified shall conduct or cause to conduct , an inquiry and after giving an opportunity to be heard to the contractor shall pass an order to make payment if any, of such wages from the amount deposited by the contractor as security deposit . The contractor shall re - furnish the security मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(41) deposit within a period of fifteen days or else his license will be liable to be suspended.

91. Experience certificate under section 56.- Every concerned contractor shall issue on demand , experience certificate in Form - 18 to the contract labour giving details of the period, work performed , experience gained in various fields performed by such contract labour.

92. Prohibition of employment of contract labour under clause (b) of sub- section ( 2) of section 57.-

If a question arises as to whether any activity of an establishment is a core activity or otherwise , the aggrieved party may make an application , to the Labour Commissioner giving reasons along with supporting documents who shall forward it to the State Government with comment thereon within a period of thirty days of receipt of the application .

PART II- Inter - State Migrant Workers

93. Journey allowance to inter - state migrant worker under section 61. - The employer shall pay a lump sum reasonable amount on account of fare for to and fro journey to the inter - state migrant worker by train ( not less than II Class Sleeper ) or by bus or any other mode of passenger transport from the place of employment to the place of residence in the home state in the event of the following, namely : -

if he has worked for a period of not less than 180 days in the concerned establishment ( s ) in preceding twelve months :

Provided that the journey allowance shall be given to an inter - state migrant worker once in twelve months . In the event of change of employer by the inter- state migrant worker during the middle of the employment period and has not availed the journey allowance from his previous employer , then on the basis of a certificate to be given by the inter - state migrant worker , the employer where the inter- state migrant worker is now working and the such worker has completed one hundred and eighty days in preceding twelve months including the period spent with the previous employer , then the employer shall give journey allowance .

94. Scheme for availing benefits of public distribution system and building and other construction welfare fund . The inter - state migrant worker shall have option to avail benefit of the scheme under section 62 through official portal.

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95. Setting up of a toll free helpline number to the inter- state migrant worker under section 63. - A Toll Free helpline number shall be provided by the Labour Department , to address queries and grievances of the migrant workers . Helpline number shall be provided by the department from the date notified.

96. Study of inter- state migrant workers under section 64. - The State Government , may identify the studies to be carried out to promote safety , health and welfare of inter- state migrant workers . Wherever required the State Government may also consult expert organizations and different stake holders involved in the safety , health and welfare of inter - state migrant workers .

PART - III - Audio Visual Worker

97. Agreement for audio - visual worker under clause ( a) of sub - section (2) of section 66 .- ( 1 ) The Form of agreement for the audio - visual workers with the producer is given in Form- 19.

(2) The agreement shall be registered with the competent authority as may be notified by the State Government .

(3) A copy of the agreement shall also be uploaded on Shram Seva or any other official portal of the labour department .

98. Procedure for reference of disputes to a Conciliation Officer or a Tribunal under sub - section ( 1 ) of section 66. - The procedure for reference of dispute to a conciliation officer or a tribunal shall be in conformity with the Industrial Relation , Code 2020 and rules framed thereunder .

PART IV - Beedi And Cigar Workers (Rule 99 to 113 under section 74 to 77)

99. Form of application for grant of licence and licence fees . - ( 1 ) Every application under sub - section ( 1 ) of Section 119 for a licence to use or allowed to be used any place or premises as an industrial premises shall be made electronically in Form 20.

(2) The application shall be accompanied with the following documents , namely:-

(a) plans showing-

(i ) the site of such place or premises , the areas therein to be used for manufacturing processes and the immediate surroundings of such 276(43)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

place or premises , including adjacent buildings , structures , roads , drains and the like ; and

(ii) the plan elevation and necessary cross - sections of, the details relating to natural lighting , ventilation , means of escape in case of fire, position of the plant and machinery , if any, used, aisles and passage- ways in or in relation to , the various buildings which are .. intended to be used for manufacturing processes ;

(b) the cyber treasury challan showing that the appropriate fee for the licence as specified in schedule II has been paid .

(3 ) Before granting a licence , the Licensing Authority shall also take into consideration whether the site of an industrial premises is proposed to be altered , or whether any industrial premises has been closed, by the applicant during the period of twelve months immediately preceding the date of the application with a view to causing prejudice to the interests of the labour .

100. Application for renewal . ( 1 ) Every application for renewal of a licence under Section 74 shall be made electronically in Form 20. The application shall be accompanied by the following documents , namely :

(a) the licence sought to be renewed ;

(b) the cyber treasury challan showing that the appropriate fee for renewal of the licence specified in the official gazette has been paid.

(3) The provisions of sub - rule (3 ) of rule 99 shall , so far as may be , apply to an application made under this rule .

101. Form and terms and conditions of licence . ( 1 ) A licence under section 74 shall be issued electronically in Form 21 .

(2) Every licence granted or renewed under section 74 shall be subject to the following conditions , namely :

(i) the manufacturing process shall be carried on only in that part of the industrial premises specified for the purpose in the licence;

(ii ) the maximum number of employees employed in the industrial premises shall not on any day exceed the number specified in the licence ;

(iii) power driven machinery not specified in the licence shall not be used in the manufacturing process in the premises ;

(iv) except with the prior permission in writing of the competent authority the industrial premises shall not be extended and except with the like मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(44)

permission no structural alteration shall be made in any building on such premises;

(v) the licence shall not be transferable ;

(vi) except as provided in these rules the fees paid for the grant, or , as the case may be , renewal of the licence shall be non - refundable .

102. Appeals under section 75. An appeal against the order of the Licensing . ** Authority refusing grant or renewal of license shall-

(a) be made electronically within a period of thirty days from the date of receipt the order sought to be appealed against ;

(b) be accompanied by a copy of the order appealed against ;

(c) memorandum containing grounds and facts ;

(d) treasury challan as a proof of payment of fees as notified from time to time.

103. Fees . ( 1 ) The fees to be paid for the grant or renewal of a licence under section 74 shall be as notified from time to time .

104. Credit of fees . All fees payable under these rules shall be credited into the Government treasury under the State head of the account notified in this regard.

105. If the competent authority refuses to grant or renew any licence under section 74 , the fees paid thereof shall not be refunded .

106. The State Government may permit the wetting and cutting of beedi or tobacco leaves by employees outside the industrial premises subject to such conditions as may be prescribed from time to time in this behalf.

107. Disputes relating to issue of raw materials by the employer . - ( 1 ) Any dispute between an employer and an employee or employees in relation to- (a) the issue by the employer of raw materials to the employee ;

(b) the rejection by the employer of beedi or cigar or both rejected by an employee; or

(c) the payment of wages for the beedi or cigar or both rejected by an employer;

may be referred in writing by the employer or the employee or employees to the Inspector- cum Facilitator who shall , after making such enquiry as he may consider necessary and after giving the parties an opportunity to represent their respective cases decide the dispute and record the proceedings in Form 22.

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मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(2) Any party to the dispute aggrieved by the decision thereon under sub - rule (1) may prefer an appeal within a period of thirty days from the date of the decision to the Licensing Authority:

Provided that the appellate authority may admit an appeal after the said period if the appellant satisfies such authority that he had sufficient cause for not preferring the appeal within that period.

108. Supervision of distribution of raw materials . - No employer shall , if he is required to do so by an Inspector- cum - Facilitator by an order in writing , distribute except under the supervision of the Inspector - cum- Facilitator making the order or the supervision of another Inspector, raw materials to such employee or employees and during such period as may be specified in the order .

109. Limit with regard to the rejection of beedis or cigars . - ( 1 ) No employer or contractor shall ordinarily reject as sub - standard or chhat or otherwise more than five per cent of the beedis or cigars , or both , received from a worker including a home worker .

(2) Where any beedi or cigar is rejected as sub- standard or chhat or otherwise on any ground other than the ground of willful negligence of the worker, the worker shall be paid wages for the beedis or cigars so rejected at one - half of the rate at which wages are payable to him for the beedis or cigars , or both, which have not been so rejected .

110. Payment of wages to home workers . Where raw materials are supplied to a home worker at his home , the wages due to him shall also be paid at his home:

Provided that an Inspector - cum- Facilitator may , if he considers it expedient so to do in the circumstances of any case , specify in respect of any home worker any other place or places at which wages shall be paid .

111. Returns . - The employer in respect of every industrial premises shall send to the Chief Inspector cum Facilitator as illustrated in schedule III in this regard on or before the 10th day of every month , a monthly return in Form 23 electronically or otherwise and furnish to that authority an annual return in Form 24electronically or otherwise on or before the 30th April of every year .

112. Maintenance of certain registers . -

(1 ) Every employer shall provide free of cost to each home worker two books in Form 25 (hereinafter referred to as the home workers log - book ) and the home- worker shall keep a record in the logbook of the quantum of raw materials received, the number of beedis or cigars supplied by him , number of standard beedies / cigars , the number of sub- standard or chat beedis/cigars , the wages मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(46)

receivable and received by him for the standard beedis / cigars , sub- standard or chat beedis / cigars . The book shall be made of good quality paper duly bound and will contain sufficient number of pages to last one year . The supply of books shall be so arranged that one book remains with the home worker at all times during the period between the two successive supplies or raw materials by the employer .

(2) Every employer shall maintain a home workers ' employment register in Form 26 electronically or otherwise containing the names and particulars of all the home workers employed under him and the entries in the register shall be made and kept up-to- date on the basis of the entries in the home- workers ' log books .

113. Permission to work by employees outside industrial premises.- ( 1 ) The employer shall make an application addressed to Additional Chief Secretary/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 through the Labour Commissioner . The Labour Commissioner shall forward the application with his comments within a period of seven days to the state Government . The State Government shall decide the application within a period of thirty days . The permission so granted shall be valid only for such period as specified in the order granting permission.

(2) The record to be maintained by the employer of the work permitted under sub - section ( 1 ) of Section 76 to be carried on outside the industrial premises shall be in Form 27 electronically or otherwise .

(3) 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 28 electronically or otherwise . ( Hereinafter referred to as the Register of Leave with Wages of home workers ) .

PART V - Factories

(Rules 114 to 118 under section 79 and 119)

114. Form and manner of application for factory lincese under sub - section (1) (c) of section 79. - The occupier seeking license for a factory shall apply electronically in Form - 20 on Official Portal of Department by giving details about the factory , and uploading documents related to licence of the factory for period upto ten years along with copy of treasury challan / e - challan or otherwise as proof of payment of the amount of requisite fees for every year , as specified in the Schedule appended to this rule . The Form shall be signed digitally or in any other manner as may be required on the portal . The applicant shall be responsible for veracity of all information submitted in the application.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(47)

SCHEDULE - ' A '

Scale of fees payable for registration or renewal and amended of the licence for factories as may be defined in section 2 w ( i ) or notified under section 81 of the Occupational Safety , Health and Working Conditions Code , 2020 except the factories specified in the schedule ' B' & ' C '

2001-

1001- 1501-

101-

501- 750

750- 1000

251- 500

21- 51- 50 100 250

01- 09 W

10- 20 W

More than 1500 2000 5000 5000 Workers H.P.

43441 57922

19307 28961 38614

17377

11584

3379 4827 5792

1448 2413

0-10

72402

57922

38614 43441

19307 24134

14480

96547240

1928

10-20

48273379

86883

72402

33788

5792243441

24134

14480 19307

2413

72404827

9654

21-50

96536

72402 86883

45855 57922

33788

28961

24134

14480 19307

3861

51-100

9654

106190

86883 96536

53095 72402

45855

33788

28961

19307 24134

101-250

4827 14480

120670

96536 106190

67575

57922

43441

86883

33788

19307 24134 28961

7240

251-500

125497

106190

96536

115843

77229

53095 67575

43441

28961 33788

9654 24134

501-750

125497 135151

115843

86883 106190

62749 77229

57922

38614 43441

751-1000

11584 28961

144804

125497 135151

115843

77229 86883 96536

67575

43441 53095

24134 33788

1001-2000

202726 222033

164112 183419

106190 125497 144804

86883

53095 67575

2001-3000 33788 38614

231687

173765 193072 212380

115843 135151 154458

53095

96536

62749 77229

3001-4000 43441

250994

231687

193072 212380

115843 135151 154458 173765

77229 96536

62749

4001-5000 53095

231687 250994 270301

212380

96536 115843 135151 154458 173765 193072

62749 77229

Ab-5000

SCHEDULE - ' B '

Scale of fees payable for registration or renewal of the license for factories as may be defined in section 2 w (ii ) or notified under section 81 of the Occupational Safety , Health and Working Conditions Code, 2020 except the factoriesspecified in the schedule 'A ' & ' C'

(Annual Fees in Rs .)

From

From

Upto 20

From 51 to 100

From 21 to 50

More than 2000

1501 to 2000

to 1001 to 1500

From 501 1000

From 101 to 250

From 251 to 500

9

10

8

6

7

4

5

3

2

62749

38615

33788

9655 24135

4828

3862

2415

1448 मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(48)

SCHEDULE - ' C '

Scale of fees payable for registration or renewal or amendment of the license for Power Generating factories as may be defined in section 2 w ( i ) of the Occupational Safety , Health and Working Conditions Code , 2020 except the factories specified in the schedule ' A ' & ' B '

More than 1000

501-1000

251-500

101-250

M.W.

Up-100

77230

86883

67576

57923

48368

20

96536

86883

77230

67576

57923

20-50

106191

96536

86883

67576 77230

50-100

115844

96536

106191

77230 86883

100-250

125498

115844

86883 96536 106191

250-500

135151

125498

115844

96536 106191

500-1000-

than

154459

144804

125498 135151

115844

More 1000

The Fee prescribed in schedule A, B , C for different categories of Factories shall be applicable from 1st day of year in which these rule shall come into force and thereafter every three year there will be an increase in payable fee by 30 %.

115. Procedure for issue of licence . The licensing authority may, on application being made to him under rule 114 issue licence in Form- 21electronically within such period as prescribed in " Madhya Pradesh Lok Sewayon ke Pradan ki Guarantee Adhiniyam , 2010 " for such service , as notified from time to time , if the application is complete in all respect :

Provided that licence may be issued subject to compliance with such conditions as are specified in the licence .

116. Renewal of licence. - ( 1 ) (a) An application for the renewal of a licence for period up to ten years shall be made online to the licensing authority in Form No. 20 , not less than 30 days before the date on which the licence expires . The application shall be accompanied by the treasury chalan as the proof of the payment of the amount of requisite fees for every year , as specified in the Schedule given under rule 114 :

Provided that the State Government may by general or special order , extend the period for application for renewal of a licence .

276(49)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(b) No application for the renewal of licence made after the expiry of the period specified in sub - rule (a) , or if the period is extended , after the expiry of such extended period , be entertained and the licence renewed unless it is accompanied by a treasury challan as the proof of payment of the amount of fees specified in the Schedule referred to sub - rule (a) and an additional fee equal to twenty five per cent fees payable for the licence which is to be renewed.

(2) (a) On receipt of the application under sub - rule ( 1 ) , the licensing authority may if he is satisfied that there is no objection to the renewal of the licence , renew the same for a period up to ten year and issue licence electronically in Form 21 , to the applicant .

117. Amendment of licence. ( 1 ) If at any time , during the term of a licence , the occupier finds it necessary to exceed the limits of the power installed on any day or maximum number of workers to be employed on any day or effects any change in the name of the factory or change in occupier or such particulars referred in licence application form , he shall make an application with documents required for amendment of a licence to the licensing authority within thirty days of such change and the licensing authority may amend the licence accordingly.

(2) An application for amendment shall be made online in Form 20 alongwith a treasury challan as a proof of payment of the fees for amendment of a licence , which shall be Rs . one hundred in addition to the amount of fees payable under rule on the basis of total maximum power installed on any one day as intended to increase or maximum number of workers intended to be employed on any one day during the calendar year or both , as the case may be , less the amount already remitted for the original licence:

Provided that amendment fee of Rs . one hundred shall not be payable when the amendments are proposed simultaneously with the application for the renewal of the licence .

118. Credit of fees . -All fees payable under these rules shall be credited into the Government treasury under the State head of the account notified in this regard .

Rules under section 80

119.Liability of owner of premises.-

Liability of owner of premises in certain circumstances.-

(1 ) Where in any premises separate buildings are leased to different occupiers for use as separate factories , the owner of the premises shall be responsible for the provision and maintenance of common facilities and services , such as approach roads , drainage , water supply , lighting and sanitation.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(50)

(2) The Chief Inspector- cum - Facilitator shall have , subject to the control of the State Government , power to issue orders to the owner of the premises in respect of the carrying out of the provisions of sub rule ( 1 ) .

(3) Where in any premises , independent or self- contained , floors or flats are leased to different occupiers for use as separate factories , the owner of the premises shall also be liable as if he were the occupier or manager of a factory, for any contravention of the provisions of this code in respect of-

(i) latrines , urinals and washing facilities in so far as the maintenance of the common supply of water for these purposes is concerned;

(ii) fencing of machinery and plant belonging to the owner and not specifically entrusted to the custody of user or an occupier ;

(iii ) safe means of access to the floors or flats and maintenance and cleanliness of staircases and common passages ;

(iv) precautions in case of fire ;

(v) maintenance of hoists and lifts ; and

(vi ) maintenance of any other common facilities provided in the premises .

(4) The Chief Inspector - cum- facilitator shall have , subject to the control of the State Government , power to issue orders to the owner of the premises in respect of carrying out the provisions of sub -rule (3 ) .

(5) The provisions of sub -rule (3 ) relating to the liability of the owner shall apply where in any premises independent rooms with common latrines , urinals and washing facilities are leased to different occupiers for use as separate factories:

Provided that the owner shall be responsible also for complying with the requirements relating to the provision and maintenance of latrines , urinals and washing facilities .

(6) The Chief Inspector - cum - Facilitator shall have , subject to the control of the State Government , the power to issue orders to the owner of the premises referred to in sub - section ( 5 ) in respect of carrying out the provisions .

(7) Where in any premises portions of a room or a shed are leased to different occupiers for use as separate factories , the owner of the premises shall be liable for any contravention of the provisions :

Provided further that the occupier shall be responsible for complying with all the safety related provisions of the code .

Rules prescribed under section 82 276(51)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

120. Dangerous manufacturing processes or operations.- ( 1 ) The following manufacturing processes or operations when carried on in any factory are declared to be dangerous operations under Section 82: -

(I) Manufacture of aerated water and processes incidental thereto .

(II ) Electrolytic plating or oxidation of metal articles by use of an electrolyte containing chromic acid of other chromium compounds .

(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 ) Generating petrol gas from petrol.

(VIII ) Highly flammable liquids and flammable compressed gases .

(IX) Liming and tanning of raw hides and skins and processes incidental thereto.

(X) Lead Process carried in printing press and types foundries .

(XI) Chemical works .

(XII ) Manufacture of pottery.

(XIII ) Compression of oxygen and hydrogen by the electrolysis of water .

(XIV) Cleaning or smoothing roughening , etc. of articles by a jet of sand , metal - shots , or grit or other abrasive propelled by a blast of compressed air or steam .

(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 ) Manufacture of articles from refractory materials .

(XVIII ) Solvent Extractions Plants .

(XIX) Carbon Di - sulphide plants .

(XX) Manufacture or Manipulation of manganese and its compounds .

(XXI ) Applicable to factories in which benzene or substances containing Benzene are manufactured, handled or used .

(XXII ) Manufacture of slate pencils .

(XXIII ) Manufacture or manipulation of dangerous pesticides.

(XXIV) Manufacture or manipulation of carcinogenic dye intermediates .

(XXV) Operations involving high noise levels .

(XXVI ) Manufacture rayon by viscose process .

(XXVII ) Operations in foundries .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(52)

(2) The provisions specified in the schedules annexed hereto shall apply to any class or description of factories where in dangerous manufacturing processes or operations specified in each schedule are carried on and the term ' First employment ' appearing in various schedule means employment or re- employment therein after cessation of employment in such processes or operations for a period- exceeding three calendar months .

(3 ) Notwithstanding the provision's specified in the schedules annexed to this rule , the Inspector- cum facilitator may by issue of order in writing to the manager or occupier or both , direct them to carry out such measures and within such time as may be specified in such order with a view to removing conditions dangerous to the health and safety of the workers , or to suspend any process where such process constitutes , in the opinion of the Inspector cum facilitator on the basis of his findings, an imminent danger of poisoning or toxicity or a major hazard.

(2) The occupier shall ensure medical examinations of all the employees engaged in all the dangerous operation factories . However frequency of re examination shall be as laid down in respective schedule . Provided that apart from the clinical , pathological and other tests as mentioned in respective schedules the medical officer may recommend for such tests and examinations of the worker employed in dangerous operations as he feels necessary . Occupier.

shall ensure to arrange additional tests and examinations as recommended by the medical officer .

Register or record of medical examinations and tests connected therewith required to be carried out under any of the schedules annexed thereto in respect of any worker shall be kept readily available to the Inspector cum Facilitator and shall be preserved till the expiry of five years after the worker cease to be in employment of the factory.

(e) The medical officer after examining a worker , employed/ or to be employed in any dangerous operation as specified in the following schedules , shall issue a certificate of fitness in Form 28. The health register shall be kept in Form 29 .

Schedule I

Manufacture of Aerated Waters and Processes incidental thereto

1. Fencing of machines . - All machines for filling bottles or siphons shall be so constructed , placed or fenced as to prevent, as far as may be practicable , a fragment of a bursting bottle or siphon from striking any person employed in the factory.

276 (53)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

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 safeness- (a) suitable face- guards to protect the face , neck and throat , and

(b) suitable gauntlets for both arms to protect the whole hand 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, and

(ii ) where a machine is so constructed that only one arm of the bottler at work upon 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, crowing , screwing , wiring , foiling, capsulin , sighting or labeling bottles or siphon-

(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 shall , while at work in such processes wear the face-guards and gauntlets- provided under the provisions- of the said paragraph.

4. Medical Examination by the medical officer.- ( 1 ) Every worker employed in the processes this schedule applies to, shall be examined by a medical officer . He shall issue fitness on form 28 .

(1) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in the Aerated Waters 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 shall 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 that case the person affected shall be suitably rehabilitated.

(2) No person who has been found unfit to work 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 .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 (54)

( 3 ) Fitness and health register shall be maintained and shall be kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

Schedule II

Electrolytic plating or oxidation of metal articles by use of an electrolyte containing acids , bases or salts of metals such as chromium , nickel, cadmium , zinc , copper , silver , gold , etc.

1. Definition . - 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 ;

(c) " employed" means employed in any process involving contact with liquid from a bath .

2. Exhaust draught . An efficient exhaust draught shall be applied to every vessel in which an electrolytic process is carried on. Such 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 . The exhaust draught appliance shall be so constructed, arranged and maintained to prevent the vapor or spray entering into any room or place in which work is carried on .

3. Prohibition relating to women and adolescent . - No women or adolescent shall be employed or permitted to work at a bath .

4. Floor of work - rooms . - The floor of every work room 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: -

(a) water-proof aprons and bibs ; and

(b ) for persons actually working at a bath , loose fitting rubber gloves and rubber boots or other waterproof footwear and chemical goggles .

276(55 )

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(2) 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 fitted with a waste pipe , and of sufficient length to allow at least 60 cm . for every 5 persons employed at any one time , and having a constant supply of water from taps or jets above the trough at intervals of not more than 60 cms .; or

(ii) at least one wash basin for every five such persons employed at any one time, fitted with a waste pipe and having a constant supply of water laid on.

(b) a sufficient supply of clean towels renewed daily , and soap or other suitable cleaning material .

(2) In addition to the facility in sub - paragraph ( 1 ) an approved type of emergency shower with eye fountain shall be provided and maintained in good working order . Wherever necessary , in order to ensure continuous water supply storage tank of 1500 liters capacity shall be provided as a source of clean water for emergency use .

7. Cautionary placard . A cautionary placard in the form specified below and printed in the language of the majority of the workers employed shall be affixed . in a prominent place in the factory where it can be easily and conveniently read by the workers .

Cautionary Notice

Electrolytic Plating

1. Chemicals handled in this plant are corrosive , and poisonous .

2. Smoking , chewing , tobacco , eating food or drinking , in this area is prohibited . No food stuff or drink shall be brought in this area .

3. Some of these chemicals may be absorbed through the skin and may cause poisoning.

4. A good wash shall be taken before meals .

5. Protective devices supplied shall be used while working in this area.

6. Spillage of the chemicals on any part of the body or on the floor shall be immediately washed away with water.

7. All workers shall report for the prescribed medical tests regularly to protect their own health .

( 1 ) The 9. Medical facilities and examination by the medical officer.- मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276 (56)

occupier of every factory in which electrolytic processes are carried on shall-

(a) make arrangement of a qualified medical practitioner for medical surveillance of the workers employed therein ;

(b ) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a) ; and

(c) maintain a sufficient supply of suitable barrier cream , ointment and impermeable water proof plaster in a separate box readily accessible to the workers and used solely for the purpose of keeping substances . In case cynides are used in the bath , the box shall also contain an emergency cyanide kit.

(2) The Every worker employed in the electrolytic processes shall be examined by a medical officer . He shall issue fitness on form 28 .

(3) 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 shall 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. süch circumstances hall be provided with alternate placement facility unless he is fully incapacitated in the opinion of the medical officer , in that case the person affected shall be suitably rehabilitated.

(4) No person who has been found unfit to work 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 .

(5) The record of the examinations shall be maintained and shall be kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

Schedule III

Manufacture and repair of electric accumulators

1. Savings . This Schedule shall not apply to the manufacture or repair of electric accumulators or parts thereof not containing lead or any compound of lead; or to the repair on the premises , of any accumulator forming part of a stationary battery .

2. Definition . - For the purposes of this Schedule- 276(57)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(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 of manipulation of, or contact with any oxide of lead ;

(b) "Manipulation of raw oxide of lead " means any lead process involving any manipulation or movement of raw oxides of lead other than its conveyance in a receptacle or by means of an implement from one operation to another .

3. Prohibition relating to women and adolescents.- No woman or adolescents shall be employed or permitted to work in any or in any room in which the manipulation of raw oxide or lead or pasting is carried on.

4. Separation of certain processes . Each of the following processes shall be carried on in such a manner and under such conditions as to secure effectual separation from one another , and from any other process : -

(a) Manipulation of raw oxide of lead;

(b) Pasting;

(c) Drying of pasted plates;

(d) Formation with lead burning ( " tacking " ) necessarily carried on in connection therewith;

(e) Melting down of pasted plates .

5. Air space. In. every room in which a lead process is carried on, there shall be at least fourteen cubic meter of air space for each person employed therein , and in computing this air space no height over three meters shall be taken into account .

6. Ventilation . Every work-room shall be provided with inlets and outlets of adequate size as to secure and maintain efficient ventilation in all parts of the room .

7. Distance between workers in pasting room . In every pasting- room the distance between the centre of the working position of any paster and that of the paster working nearest to him shall not be less than five feet .

8. Floor of work - rooms . ( 1 ) The floor of every room in which a 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 ;

(c) kept free from materials , plant , or other obstruction not required for, or produced in the process carried on in the room.

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(58)

(2) In all such rooms other than grid casting shops the floor shall be- ( a) cleansed daily after being thoroughly sprayed with water at a time when no other work is being carried on in the room .

(3) In gird 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) provide with suitable and adequate arrangements for drainage ; and

(c) thoroughly washed daily by means of a hose pipe .

9. Work- benches . The work-benches at which any lead process is carried on shall-

(a) have a smooth surface and be maintained in sound condition ;

(b) be kept free from all materials or plant not required for , or produced in , the process carried on thereat ; and

(c) all such work - benches other than those in grid casting shops shall be 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 ; and,

(d) all such work - benches in grid casting shops , shall be cleansed daily ; and , (e) every work- bench used for pasting , shall be covered throughout with sheet lead or other impervious material ;

(f) be provided with raised edges ;

(g) be kept constantly moist while pasting is being carried on .

10. Exhaust draught . - The following processes , shall not be carried on without the use of an efficient exhaust draught-

(a) Melting of lead or materials containing lead ;

(b) Manipulation of raw oxide of lead, unless done in an enclosed apparatus so as to prevent the escape of dust into the work - room;

(c) Pasting;

(d) Trimming, brushing , filing or any other abrading or cutting of pasted plates giving rise to dust ;

(e) Lead burning, other than-

(i ) " tacking " in the formation -room ;

(ii) chemical burning for the making of lead linings for cell cases necessarily carried on in such a manner that the application of efficient exhaust is impracticable . Such exhaust draught shall be effected by mechanical means , and 276(59)

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shall operate on the dust or fume given off as nearly as may be at its point of origin , so as to prevent it entering the air of any room in which person work .

11. Fumes and gases from melting post . The products of combustion produced in the heading of any melting pot shall not be allowed to escape into a room in which person work.

12. Container for dross... A suitable receptacle with tightly fitting cover shall be provided and used for dross as it is removed from every melting pot . Such receptacle shall be kept covered while in the work - room , except when dross is being deposited therein .

13. Container for lead waste . - A suitable receptacle shall be provided in every work - room in which old plates and waste material which may give rise to dust shall be deposited .

14. Racks and shelves in drying- room . The racks or shelves provided in any drying - room shall not be more than 8 feet from the floor nor more than 2 feet in width:

Provided that as regards racks or shelves set or drawn from both sides the total width shall not exceed 4 feet . Such racks or shelves shall be cleaned only after being thoroughly damped unless an efficient suction cleaning apparatus is used for this purpose .

15. Medical facilities and examination by the medical officer - ( 1 ) The occupier of every factory in which manufacture and repair of electric accumulators is carried on shall-

(a) make arrangement of a qualified medical practitioner for medical surveillance of the workers employed therein , and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a ) .

(2) Every worker employed in lead processes shall be examined by a medical officer within 15 days of his first employment . Such examination shall include tests for lead in urine and blood . ALA in urine haemoglobin content , stippling of cells and steadiness 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 .

Every worker employed in the said process shall be re - examined by a medical officer at least once in every three calendar months . Such re-examination shall , wherever the medical officer considers appropriate , include tests specified in sub -paragraph ( 1 ) .

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276(60)

(3) Every worker employed in the manufacture and repair of electric accumulators shall be examined by a medical officer. He shall issue fitness on form 28 .

(4) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in the 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 shall 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 that case the person affected shall be suitably rehabilitated.

(5) 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 those processes .

(6) The record of the shall be maintained , which shall be kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

... 16. Protective clothing. Protective clothing shall be provided and maintained in good repair for all persons employed in-

(a) manipulation of raw oxide of lead ;

(b) pasting;

(c) the formation- room ;

and such clothing shall be worn by the persons concerned . The protective clothing shall consist of waterproof apron and waterproof footwear , and also , as regards persons employed in the manipulation of raw oxide of lead or in pasting , head coverings . The head coverings 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 ( a) sufficient tables and benches , and (b ) adequate means for warming food . The means - room shall be placed 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- मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(61) (a) a cloak- room for clothing put during working hours with adequate arrangements for drying the clothing if wet . Such accommodation shall be separate from any mess room;

(b) separate and suitable arrangements for the storage of protective clothing provided under paragraph 16 .

19. Washing facilities . 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) Awash-place under cover , with either-

(i) a trough with a smooth impervious surface fitted with a waste pipe, without plug, and of sufficient length to allow of at least two feet for every five such persons employed at any one time, and having a constant supply of water from taps or jets above the trough at intervals of not more than two feet ; 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 constant supply of water laid on;

(iii) a sufficient supply of clean towels made of suitable materials renewed daily , which supply , in the case of pasters and persons employed in the manipulation of raw oxide of lead , shall include a separate marked towel for each such worker ; and

(iv) a sufficient supply of soap . or other suitable be cleansing material and of main 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 to be 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 who has been employed in the manipulation of raw oxide of lead or in pasting:

Provided that if there is one basin or 60 centimeter of trough for each such person , this rule shall not apply.

21. Facilities for bathing . - Sufficient bath accommodation to the satisfaction of the Chief Inspector cum facilitator shall be provided for all persons engaged in the 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 .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(62)

Schedule IV

Glass Manufacture

1. 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 condition 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 authorise such suspension or relaxation as may be indicated in the certificate for such period and on such conditions as he may think fit.

2. 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, yield 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 . The method of treatment shall be as follows: -

A weight quantity of the material which has been dried at 190° C . and thoroughly mixed shall be continuously, shaken for one hour, at the common temperature with1,000 times its weight of an aqueous solution of hydrochloric acid containing 0.25 percent by weight or 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 weighted as lead sulphate .

3. Exhaust draught . - The following processes shall be carried on except under an efficient exhaust draught or under such other conditions as may be approved by the Chief Inspector cum facilitator : -

(a) The mixing of raw materials to form a "batch " .

(b) The dry grinding , glazing and polishing of glass or any article of glass .

(c) All processes in which hydrofluoric acid fumes or, ammonia vapours are givenoff.

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(d) All processes in the making of furnace moulds or " pots " including the grinding or crushing of used " pots " .

(e) All processes involving the use of a dry lead compound.

4. Prohibition relating to woman and adolescent . No woman or adolescent shall be employed or permitted to work in any of the operations specified in paragraph 3 or at any place where such operations are carried on...

5. Floor and work- benches . The floor and work - benches of every room in which a dry compound of lead in manipulated or in which any process is carried on giving off silica dust shall be kept moist , and shall comply with the following requirements : -

The floors shall be-

(a) of cement of similar material so as to be smooth and impervious to water ;

(b) maintained in sound condition; and

(c) cleaned daily after being thoroughly sprayed with water at a time when no other work is being carried on in the room .

The work -benches shall-

(a) have a smooth surface and be maintained in sound condition , and

(b) be cleansed daily either after being thoroughly damped or by means of a suction cleaning apparatus at a time when no other work is carried on thereat .

-6. 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 guttaparcha and be tight, and shall slope gently down to a converted drain;

(c) The work- places shall be so enclosed in projecting hoods that openings required for 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 .

7. Storage and transport of hydrofluoric acid . Hydroflouric acid shall not be stored or transported except in cylinders or receptacles made of lead or rubber .

8. 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 blow pipe.

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276(64)

9. Food drinks , etc. , prohibited in work rooms . No food , drink pan and supari and tobacco shall be brought into or consumed by any worker in any room or work place wherein any process specified in paragraph 3 is carried on . 10. Protective clothing . The occupier shall provide , maintain in good repair and keep in a clean condition of the use of all persons employed in the processes specified. in paragraph 3. 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 . There shall be provided and maintained in a cleanly state in good repairs for the use of all persons employed in the processes specified in paragraph 3-

(a) a wash place with either-

(i ) a trough with a smooth impervious surface fitted with a waste pipe, without plug and of sufficient length to allow of at least two feet every five such person 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 2 feet ; 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 an adequate supply of water laid on or always readily available ; and a sufficient supply of clean towels made of suitable material renewed daily with a sufficient supply of soap or other suitable cleaning material and of nail brushes ; and

(b) a sufficient number of stand pipes with taps , the number and location of such stand pipes shall be to the satisfaction of the Chief Inspector cum facilitator.

12. Medical facilities and examination by the medical officer .-( 1 ) The occupier of every factory in which glass manufacturing processes are carried on shall-

(a) make arrangements of a qualified medical practitioner for medical surveillance of the workers employed therein ; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a) .

(2) Every worker employed in the Glass Manufacture shall be examined by a medical officer . He shall issue fitness on form 28 .

(3) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in the 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 shall also include the period for which he considers that the 276(65)

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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 that case the person affected shall be suitably rehabilitated.

(4) 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 those processes .

(5) The record of the examinations shall be maintained which shall be kept readily available for inspection by the Inspector cum facilitator.

Schedule V

Grinding or Glazing of Metal and Processes incidental thereto

1. 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 grindstone by a hack or similar tool;

(g) " rodding " means the dressing of the surface of a revolving grind stone by the application of a rod , bar or strip of metal to such surface .

2. Exceptions . - (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 grinding or glazing of metals carried on intermittently and at which no person is employed for more than 12 hours in any week .

(3) The Chief Inspector cum facilitator may , by certificate in written , subject to such conditions as he may specify therein, relax or suspend any of the मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 (66)

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 or the persons employed .

3. Equipment for removal of dust. No racing, dry grinding or glazing shall be performed without-

(a) a hood or other appliance so constructed, arranged , placed and maintained as substantially to intercept the dust thrown off; and

(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 there to any instrument necessary for ascertaining the pressure of air in the said duct; and

(c) a fan or other sufficient 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.

4. Restriction on employment on grinding operations . Not more than one person shall at any time perform the actual process of grinding or glazing upon a grind stone , 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 article at any such grindstone, abrasive wheel or glazing appliance .

5. Glazing . Glazing or other process , except processes incidental to wet grinding upon a grindstone shall not be carried on in any room in which wet grinding upon a grindstone is done .

6. Hacking and rodding . - Hacking or rodding shall not be done unless during the process either- (a ) an adequate supply of water of laid on at the upper surface of the grindstone , or (b ) adequate appliances for the interception of dust are provided in accordance with the requirements of paragraph 3 .

7. Examination of dust equipment . (a) All equipment for the extraction or suppression of dust shall at least once in every six months be examined and tested by a 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 test shall be kept in a form No 30 .

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9. Medical facilities and examination by the medical officer (1) The occupier of every factory in which glazing of metal and processes are carried on shall-

(a) make arrangements of a qualified medical practitioner for medical surveillance of the workers employed therein ; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a).

(2)Every worker employed in the Grinding or Glazing of Metal and Processes incidental thereto shall be examined by a medical officer . He shall issue fitness on form 28 .

(3 ) If at any time , the medical officer is of the opinion that a worker is no longer fit for employment in the Grinding or Glazing 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 shall also include the period for which he considers that the said person is unfit for work in the said process . 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 that case the person affected shall be suitably rehabilitated .

(4) No person who has been found unfit to work as said in sub - paragraph (6) shall bere-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.

(5) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

Schedule VI

Manufacture and Treatment of Lead and certain compounds of Lead 1. Exemptions . Where the Chief Inspector 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 therein .

2. Definitions . For the purposes 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 मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(68)

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 weight quantity of the material which has been dried at 100 ° C and thoroughly mixed shall be continuously shaken for one hour, at the common temperature with 1000times its weight of an aqueous solution of hydrofloric acid containing 0.25 percent by weight to hydrogen chloride . This solution shall thereafter be allowed to stand for one hour, and then filtered . The lead salt contained in clear filtrate shall then be precipitated as lead sulphide and weighed as lead sulphate .

(b) " efficient exhaust draught " means localised ventilation affected by heat or 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 work is carried on. No draught shall be deemed efficient which fails to remove smoke generated at the point where such gas , vapour, fumes or dust originate .

3. Application .- The 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; or

(b) the manipulation , treatment or reduction of ashes containing lead , the desilverising of lead or the melting of scrap lead or zinc ; or

(c) The manufacture of solder or alloys containing more than ten per cent or lead; or

(d) the manufacture of any oxide , carbonate , sulphate , chromate , acetate nitrate or silicate of lead- ethyl ; or

(e) handling or mixing of lead tetra - ethyl ; or

(f) any other operation involving the use of a lead compound ; or

(g) the cleaning of work -rooms where any of the operations aforesaid are carried on .

4. Prohibition relating to women and adolescents . No woman or young person shall be employed or permitted to work in any of the operations specified in paragraph 3 .

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5. Requirements to be observed . - No person shall be employed or permitted to work in any process involving the use of lead compounds if the process is such that dust or fume from a lead compound is produced therein or the persons employed therein are liable to be splashed with any lead compound in the course of their employment unless the provisions of paragraphs 6 to 14 are compliedwith.

6. Exhaust draught . Where dust , fume, gas or vapour is produced in the process provision shall be made for removing them by means of an efficient exhaust so draught so contrived as to operate on the dust , fume , gas or vapour as closely as possible to the point of origin.

7. Medical facilities and examination by the medical officer - ( 1 ) The occupier of every factory to which this schedule applies , shall-

(a) make arrangements of a qualified medical practitioner for medical surveillance of the workers employed therein ; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause( a ).

(2 ) Every worker employed in the processes referred to in paragraph -1 shall be examined by a medical officer within 15 days of his first employment. Such examination shall include tests of lead in blood and urine . ALA in urine hemoglobin contents , stippling of cells and steadiness test.. No worker shall be allowed to work after15 days of his first employment in the factory unless certified fit for such employment by the medical officer .

(3) Every worker employed in the said process shall be re - examined by a medical officer at least once in every three calendar months . Such re- examination shall , wherever the medical officer considers appropriate , include tests as specified in sub -paragraph ( 1 ).

(4) Every worker employed in the manufacture and treatment of lead and certain compounds of lead processes incidental thereto shall be examined by a medical officer . He shall issue fitness in form 28 .

(5) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in the lead 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 shall 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 मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(70)

the medical officer, in that 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 .

(7) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

8. Food , drinks , etc. , prohibited in work- rooms . No food, drink, pan and supari or tobacco shall be brought into or consumed by any worker in any work- room in which the process in carried on , and no person shall remain in any such room during intervals of meals or rest .

9. Protecting clothing . Suitable protective overalls and head coverings shall be provided, maintained and kept clean by the factory occupier and such overalls and head coverings shall be worn on by the persons employed.

10. Cleanliness of work - rooms , tools , etc. The rooms in which the persons are employed and all tools and apparatus used by them shall be kept in a clean state.

11. Washing- facilities . ( 1 ) The occupier shall provide- and maintain- for -the use...

of all persons employed suitable washing facilities consisting of-

(a) a trough with a smooth impervious surface fitted with a waste pipe without plug and of sufficient length to allow at least two feet for every ten persons employed at any one time , and having a constant supply of clean water from taps or jets above the trough at intervals of not more than two feet ; or

(b) at least one wash basin for every ten persons employed at any one time , fitted with a waste pipe and plug and having a constant supply of clean water ; together with in either case , a sufficient supply of nail brushes , soap or other suitable cleaning material and clean towels .

(2) The facilities so provided shall be placed under the charge of a responsible person and shall be kept clean .

12. Mess - room or canteen . The occupier shall provide and maintain for the use of the persons employed suitable and adequate arrangements for taking their meals . The arrangements shall consist of the use of a room separate from any work - room which shall be furnished with sufficient tables and benches , and unless a canteen serving hot meals is provided adequate means of warming food shall be provided . The room shall be adequately ventilated by the circulation of 276(71)

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fresh air , shall be placed under the charge of a responsible person and shall be kept clean.

13.Cloak- room . The occupier shall provide and maintain for the use of persons employed suitable accommodation for clothing not worn during working hours , and for the drying of wet - clothing .

Schedule VII

Generating petrol gas from petrol

1. Prohibition relating to women and adolescents . - No woman or adolescent shall be employed or permitted to work in or shall be allowed to enter any building in which the generating of petrol gas from petrol is carried on .

2. Flame traps . - The plant for generating petrol gas from petrol and associated piping and fittings shall be fitted with at least two efficient flame traps so designed and maintained as to prevent a flash back from any burner to the plant . One of these traps shall be fitted as close to the plant as possible . The plant and all pipes and valves shall be installed and maintained free from leaks .

3. Generating building or room . All plants for generating petrol gas from petrol erected after the coming into force of the provisions specified in this schedule , shall be erected outside the factory building proper in a separate well ventilated building (hereinafter referred to as the " generating building " ) . In the case of such plant erected before the coming into force of the provisions specified in this schedule there shall be on direct communication between the room where such plants are erected (hereinafter referred to as " the generating- room " ) ; and the remainder of the factory building. So far as practicable , all such generating rooms shall be constructed of fire resisting materials .

4. Fire - extinguishers . A efficient means of extinguishing petrol fires shall be maintained in an easily accessible position near the plant for generating petrol gas from petrol .

5. Plant to be approved by Chief Inspector . Petrol gas shall not be manufactured except in a plant for generation petrol gas the design and construction of which has been approved by the Chief Inspector cum facilitator. 6. Escape of Petrol . Effective steps shall be taken to prevent petrol from escaping into any drain or sewer .

7. Prohibition relating to smoking , etc. No person shall smoke or carry matches , fire or naked light or other means of producing a naked light or spark in the generating room or building or in the vicinity thereof and a warning मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(72)

notice in the language understood by the majority of the workers shall be posted in the factory prohibiting smoking and the carrying of matches , fire or naked light or other means of producing a naked light or spark into such room or building.

8. Access to petrol or container . No unauthorized person shall be access to any petrol or to a vessel containing or having actually contained petrol .

9. Electric fittings . All electric fittings shall be of flame- proof construction and all electric conductors shall either be enclosed in mental conduits or be lead - sheathed .

10. Construction of doors . - All doors in the generating room or building shall be constructed to open outwards or to side and no door shall be locked or obstructed or fastened in such a manner that it cannot be easily and immediately opened from the inside while gas is being generated and any person is working in the generating - room or building .

11. Repair of containers . - No vessel that has contained petrol shall be repaired in a generating - room or building and no repairs to any such vessel shall be undertaken unless live steam has been blown into the vessel and until the interior in thoroughly steamed out or other equally effective steps have been taken to ensure that it has been rendered free from petrol or inflammable vapour ...

12.Medical examination by the medical officer - ( 1 ) Every worker employed in generating petrol gas from petrol processes shall be examined by a medical officer . He shall issue fitness in form 28 .

(1 ) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in the 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 on form 29. The entry of his findings in those documents shall 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 that case the person affected shall be suitably rehabilitated .

(2) No person who has been found unfit to work 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 .

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(3 ) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

13. In these Rules Petrol means dangerous petroleum as defined in the Petroleum Act , 1937 .

Schedule VIII

High Flammable Liquids and Flammable Compressed Gases

1. Application . This schedule shall apply to all factories where high flammable liquids or flammable compressed gases are manufactured, stored, handled or used .

2. Definition . - For the purpose of this Schedule-

(a) "highly flammable liquid " means the liquid including its solution , a emulsion or suspension which when tested in a manner specified by Sections 14 and 15 of the Petroleum Act , 1934 gives off flammable vapour at a temperature less than 32 degree celsius ;

(b) " Flammable compressed gas " means flammable compressed gas defined in Rule2 of the Static and Mobile Pressure Vessels (Unfired ) Rules , 1981 framed under the Explosives Act, 1948 ( No. IV of 1948 ) .

3. Storage. ( 1 ) Every flammable liquid or flammable compressed gas used in every factory shall be stored in suitable fixed storage tank , or in suitable closed vessel located in a safe position under the ground , in the open or in a store room ofadequate fire resistant construction .

(2) Except as necessary for use , operation or maintenance every vessel or tank which contains or had contained a highly flammable liquid or flammable compressed gas shall be always kept closed and all reasonably practicable steps shall be taken to contain or immediately drain off to a suitable container any spill or leak that may occur.

(3) Every container, vessel , tank , cylinder or store room used for storing highly flammable liquid or flammable compressed gas shall be clearly and in bold letters marked " Danger - Highly Flammable Liquid " or "Danger- Flammable Compressed Gas . "

4. Enclosed systems for Conveying Highly Flammable Liquids . - Where it is reasonably practicable , highly flammable liquids shall be conveyed within a factory in totally enclosed systems consisting of pipe lines , pumps and similar appliances from the storage tank or vessels to the point of use . Such enclosed मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(74)

systems shall be so designed installed , operated and maintained as to avoid leakage or the risk of spilling.

5. Preventing Formation of Flammable Mixture with Air. - Where there is possibility for leakage or spill of highly flammable liquid or flammable compressed gas from an equipment, pine line , valve joint or other part of a system , all practicable measures shall be taken to contain , drain off or dilute such spills or leakage as to prevent formation of flammable mixture with air .

6. Prevention of Ignition . (1 ) In every room work place or other location where highly flammable liquid or flammable combustible is stored, conveyed, handled or used or where there is danger or fire of explosion from a accumulation of highly flammable liquid or flammable compressed gas in air all practicable measure shall be taken to exclude the sources of ignition . Such precautions shall include the following: -

(a) all electrical apparatus shall either be excluded from the area of risk or they shall be of such construction and so installed and maintained as to prevent the danger of their being a source of ignition ;

(b) effective measures shall be adopted for prevention of accumulation of static charge to a dangerous extent ;

(c) no person shall wear or be allowed to wear any foot wear having iron or steel nails or any other exposed ferrous materials which is likely to cause sparks by friction;

(d) smoking, lighting or carrying of matches , lighters or smoking materials shall be prohibited;

(e) transmission belts with iron fasteners shall not be used ;

(f) all other precautions , as are reasonably practicable , shall be taken to prevent initiation of ignition from all other possible sources such as open flames , frictional sparks , overheated surfaces of machinery or plant, chemical or physical - chemical reaction and radiant, heat .

7. Prohibition of smoking . No person shall smoke in any place where highly flammable liquid or flammable compressed gas is present in circumstances that smoking would give rise to a risk of fire . The occupier shall take all practicable measures to ensure compliance with this requirements including display of a bold notice indicating prohibition of smoking at every place where this requirement applies .

8. Fire Fighting . In every factory where highly flammable liquid or flammable compressed gas is manufactured , stored , handled or used an appropriate and adequate means of fighting a fire shall be provided . The मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(75) adequate and suitability of such means which expression includes the fixed and portable fire extinguishing systems , extinguishing materials , procedures and the process of fire fighting shall be to the standards and levels prescribed in the rules .

9.Medical examination by the medical officer ( 1 ) Every worker employed in processes where high flammable liquids or flammable compressed gases are manufactured , stored , handled or used shall be examined by a medical officer . He shall issue fitness in form 28 .

(2) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in the 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 in form 29. The entry of his findings in those documents shall 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 that case the person affected shall be suitably rehabilitated.

(3 ) 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 those processes .

(4) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

10. Exemptions . If in respect of any factory the Chief Inspector is satisfied that owing to the exceptional circumstances or infrequency of the processes or for any other reason , all or any of the provisions of this schedule is not necessary for protection of the workers in the factory the Chief Inspector may by a certificate in writing , which he may at his discretion revoke at any time , exempt such factory from all or any of such provisions subject to such conditions , if any, as he may specify therein .

Schedule IX

Liming and tanning of raw hides and skins and processes incidental thereto 1. Cautionary notices . ( 1 ) Cautionary notices as to anthrax , in the form specified by the Chief Inspector cum Facilitator shall be affixed in prominent मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(76)

positions in the factory where they may be easily and conveniently read by the persons employed .

(2) A copy of a warning notice as to anthrax in the form specified by the Chief Inspector cum facilitator shall be given to each person employed when he is engaged , not subsequently it still employed , on the first of each calendar year .

(3 ) Cautionary notices as to the effects of chrome on the skin shall be affixed in prominent positions in every factory in which chrome solutions are used , as such notices shall be so placed as to be easily and conveniently read by the persons employed.

(4) Notices shall be affixed in prominent places in the factory stating the position of the "First aid " has or cupboard and the name of the person in charge of such box or cupboard .

(5) If any person employed in the factory is illiterate , effective steps shall be taken to explain carefully to such illiterate person the contents of the notices specified in paragraphs 1 , 2 and 4 , and if chrome solutions are used in the factory, the contents of the notice specified in paragraph 3 .

2. Protective Clothing . The occupier shall provide and maintain in good conditions the following articles of protective clothing : -

( a) Waterproof footwear , leg coverings , aprons and gloves for persons employed in processes involving contact and chrome solutions , including the preparation of such solutions ;

(b) Gloves and boots for persons employed in lime yard ; and

(c) Protective footwear , aprons and gives of persons employed in processes involving the handling of hides or skins , other than in process specified in clauses ( a) and (b) :

Provided that-

(i ) the gloves , aprons , leg coverings , or boots , may be of rubber or leather , but the gloves and boots to be provided under sub - clauses (a) and ( b ) shall be of rubber;

(ii ) the gloves may not be provided to persons flushing by hand or employed in processes in which there is no risk of contact with lime , sodium sulphide or other caustic liquor .

3. Washing facilities , mess - room and cloak - room . There shall be provided and maintained in a clearly state and in good repairs for the use of all persons employed-

(a) a trough with a smooth , impervious surface fitted with a waste pipe without plug, and of sufficient length to allow at least 600mm for every ten persons 276(77)

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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 600mm ; or

(b) at least one wash basin for every ten such persons employed at any one time , fitted with a waste pipe , and plug and having a constant supply to water ; together within , in either case , a sufficient supply of nail brushes , soap or other suitable cleaning material , and clean towels ;

(c) a suitable mess - room adequate of the number remaining on the premises during the meal intervals which shall be furnished with sufficient tables and The mess - room shall benches , and adequate means for warming good and for boiling water.

(i) be separate from any room or shed in which hides or skins are stored , treated or manipulated;

( ii) be separate from the cloak - room , and

(iii) placed under the charge of a responsible person ;

(d) The occupier shall provide and maintain , for the use of all persons employed , suitable accommodation for clothing put off during working hours and another accommodation of protective clothing and shall also make adequate arrangements for drying up the clothing in both the case , if wet. The accommodation so provided shall be kept clean at all time and place in the charge of a responsible person ..

4. Food , drinks , etc. , prohibited in work - rooms . No food , drink , pan and supari or tobacco shall be brought into or consumed by any worker in any work room or shed in which hides or skins are stored , treated or manipulated .

5. Medical Examination ( 1 ) The occupier of every factory to which this schedule applies shall-

(a) make arrangement a qualified medical practitioner for medical surveillance of the workers employed therein ; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a) ;

( c) arrange for inspection of the hands of all the persons keeping in contact with chromium substances to be made twice a week ; and

(d) provide and maintain and supply suitable ointment and plaster in a box readily accessible to the workers and solely used for the purpose of keeping the ointment and the plaster .

(2) Every worker employed in liming and tanning of raw hides and skins and processes incidental thereto shall be examined by a medical officer. He shall issue fitness in form 28 .

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276(78)

(3) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in the liming and tanning of raw hides and skins and processes incidental there to 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 in form 29. The entry of his findings in those documents shall 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 that case the person affected shall be suitably rehabilitated .

( 4) No person who has been found unfit to work 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 .

(5) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

Schedule X

Lead processes carried in Printing Presses and Type Foundries

1. Exemption . Where the Chief Inspector in satisfied that all or any of the provisions of his schedule are not necessary of the protection of persons employed he may , by certificate in writing , exempt any factory from all or any such provisions subject to such , conditions as he specifies therein. Such certificate may at any time be revoked by the Chief Inspector cum facilitator.

2. Definitions . For the purpose of this schedule, 'Lead Material ' means material containing not less than five per cent of lead.

'Lead Process ' means-

(a) the melting of lead or any lead material for casting and mechanical composing;

(b) the recharging of machines with used lead material;

(c) any other work including removal of dross from melting pot cleaning of plungers ; and

(d) manipulation, movement or other treatment of lead material ;

"Efficient exhaust draught " means localised ventilation effected by heat or mechanical means , for the removal of gas , vapour , dust or fumes so as to prevent them from escaping into the air of any place in which work is carried 276(79)

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on . No draught shall be deemed efficient which fails to remove gas , vapour , fume or dust at the point where they originate .

3. Exhaust draught . None of the following processes shall be carried on except with an efficient exhaust draught: -

(a) melting lead material or slugs ;

...(b) heating lead material so that vapour containing lead in given off; or unless carried on in such a manner as to prevent free escape of gas , vapour , fumes or dust into any place in which work is carried on or unless carried on in electrically heated and thermostatically controlled melting post . Such exhaust draught shall be effected by mechanical means and so contrived as to operate on the dust , fume , gas or vapour given off as closely as may be at its point of origin.

4. Prohibition relating to women and adolescents . No woman or young person shall be employed or permitted to work in any lead process.

5. Separation of certain process . Each of the following processes shall be carried on in such a manner and under such conditions as to secure effectual separation from one another and from any other material : -

(a) melting of lead or any lead material ;

(b) casting go lead ingots ;

(c) mechanical composing.

6. Container for dross . - A suitable receptacle with tightly fitting cover shall be provided and used for dross as it is removed from every melting . Such receptacle shall be kept covered while in the workroom near the machine except when the dross is being deposited therein .

7. Floor of workroom . The floor of every workroom where lead process is carried on shall be-

(a) of cement or similar material so as to be smooth and impervious to water ;

(b) maintained in sound condition ; and

(c) shall be cleaned throughout daily after being thoroughly damped with water at a time when no other work is being carried on at the place .

8. 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 mass room which shall be furnished with sufficient tables and benches .

9. Washing facilities . 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- मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(80)

(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 two feet for every five such persons employed at any one time and having a constant supply of water from taps or jets above the trough at intervals of not more than 2 feet (600 mm) ; 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 an adequate supply of water laid on or always readily available ; and

(b) a sufficient supply of clean towels made of suitable material renewed daily with a sufficient supply of soap or other suitable cleaning material .

10. Medical facilities and Examination.- ( 1 ) The occupier of every factory to which this schedule applies , shall-

(a) make arrangement a qualified medical practitioner for medical surveillance of the workers employed therein ; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause( a).

(2) Every worker employed in a lead process shall be examined by a medical officer within 15 days of his first employment . Such examination shall include tests of lead in urine and blood. ALA in urine haemoglobin, stippling of cells and steadiness tests . No workers 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 .

(3) Every worker employed in the said processes shall be re -examined by a Medical officer at least once in every six calendar months . Such re - examination shall , wherever the Medical officer considers appropriate , include tests as specified in sub - paragraph ( 1 )

(4) Every worker employed in lead processes carried in Printing Presses and type Foundries processes shall be examined by a medical officer . He shall issue fitness in form 28 .

(5) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in the 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 on form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person is unfit for work in the said process . The person declared unfit in such circumstances shall be provided with alternate placement 276(81)

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facility unless he is fully incapacitated in the opinion of the medical officer , in that case the person affected shall be suitably rehabilitated .

(6) No person who has been found unfit to work 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 .

(7) The record of the examinations form 28 and 29 , shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

11. Food , drinks , etc. , prohibited in work - room . 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 in carried on .

Schedule XI

Part I - Chemical Works

1. Application . This schedule shall apply to all manufacture and processes incidental thereto carried on in chemical works .

2. Definitions . - For the purpose of this schedule-

(a) "Chemical works " means any factory or such part of any factory as are listed, in Appendix 'A' to this schedule ;

(b) " efficient exhaust draught " means Localised . ventilation effected by mechanical or other means. for the removal of gas , vapour , fume or dust to prevent it from escaping into the air of any place in which work is carried on;

(c) "bleaching powder " means the bleaching powder commonly called chloride oflime;

(d) " chlorate " means chlorate or perchlorate;

(e) "caustic " means hydroxide of potassium or sodium;

(f) "chrome process " means the manufacture of chromate or bichromate of potassium or sodium or the manipulation , movement or other treatment of these substances;

(g) "nitro or amino process " means the manufacture of nitro or amino derivatives of phenol and of benzene or its homologuos , and the making of explosives with the use of any of these substances ;

(h) "the term 'permit to work' system " means the compliance with the procedures laid down under para 20 of Part II ;

(i) " toxic substances " means all those substances which when they enter into the human body , through inhalation or ingestion or absorption through skin , मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(82)

in sufficient quantities cause fatality or exert serious affliction of health or chronic harmful effects on the health of persons exposed to it due to its inherent chemical or biological effects . In respect of substances whose TLV exceeding the concentration specified therein in the rules would make the substance toxic ;

(j ) " emergency " means a situation or condition leading to a circumstance or set -of circumstances in which there is danger to the life or health of persons or which could result in big fire or explosion or pollution to the work and outside environment , affecting the workers or neighbourhood in a serious manner , demanding immediate action;

(k) " dangerous chemical reactions " means high speed reactions , runaway reactions , delayed reactions , etc. and are characterized by evolution of large quantities of heat , intense release of toxic or flammable gases or vapours , sudden pressure build-up etc .;

(1) "manipulation " means mixing , blending , filling, emptying , grinding sieving , drying , packing, sweeping, handling , usingetc.;

(m) "approved personal protective equipment " means items of personal protective equipment conforming to the relevant ISI specifications or in the absence of it , personal protective equipment approved by the Chief Inspector cum Facilitator ;

(n) "appropriate personal protective equipment " means that when the protective equipment is used by the worker , he shall have no risk to his life or health or body; and

(0) " confined space " means any space by reason of its construction as well as in relation to the nature of the work carried therein and hazards to the persons entering into or working inside exist or are likely to develop during working .

Part II -General requirements applying to all the works in Appendix 'A ' 1. Housekeeping . (1 ) Any spillage of materials shall be cleaned up before further processing .

(2) Floors , platforms , stairway , passages and gangways shall be kept free of any obstructions .

(3 ) There shall be provided easy means of access to all parts of the plant to facilitate cleaning.

2. Improper use of chemicals . - No chemicals or solvents or empty containers containing chemicals or solvents shall be permitted to be used by workers for any purposes other than in the processes for which they are supplied.

276(83)

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3. Prohibition of the use of food , etc. No food, drink , tobacco , pan or any edible item shall be stored or heated or consumed on or near any part of the plant or equipment .

4. Cautionary Notice and Instructions . - ( 1 ) Cautionary notices in a language understood by the majority of workers shall be prominently displayed in all hazardous are as drawing the attention of all workers . about the hazards to health , hazards involving fire and explosion and any other hazard such as consequences of testing of material or substances used in the process or using any contaminated container for drinking or eating, to which the workers attention should be drawn for ensuring their safety and health .

(2) In addition to the above cautionary notice , arrangement shall be made to instruct and educate all the process including the specific hazards to which they may be exposed to, in the normal course of their work . Such instructions and education should also dealt with the hazards involved in unauthorized and unsafe practices including the properties of substances used in the process under normal conditions as well as abnormal conditions and the precautions to be observed against each and every hazard . Further an undertaking from the workers shall be obtained within one month of their employment and for old workers employed, within one month of coming -- into operation of the rules , to the effect that they have read the contents of the cautionary notices and instructions , understood them and would abide by them . The training and instructions to all workers and all supervisory personnel shall include the significance of different types of symbols and colours used on the labels stuck or painted on the various types of containers and pipe lines .

5. Evaluation and provision of safeguards before the commencement of process . ( 1 ) Before commencing any process or any experimental work, or any new manufacture covered under Appendix 'A' , the occupier shall take all possible steps to ascertain definitely all the hazards involved both from the actual operations and the chemical reactions including the dangerous chemical reactions . The properties of theraw materials , used the final products to be made, and any by - products derived during manufacturing , shall be carefully studied and provisions shall be made for dealing with any hazards including effects on workers , which may occur during manufacture .

(2) Information in writing giving details of the process , its hazards and the steps taken or proposed to be taken from the design stage to disposal stage for ensuring the safety as in sub - para ( 1 ) above should be sent to the Chief Inspector cum facilitator and the Industrial Hygiene laboratory of State मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(84)

Government at the earliest , but in no case less than 15 days before commencing manufacture , handling , or storage of any of item covered under Appendix ' A ' , whether on experimental basis , or as pilot plant or as trial production , or as large scale manufacture .

(3) The design , construction installation , operation , maintenance and disposal of the buildings , plant and facilities shall take into consideration effective safeguards against all the safety and health hazards so evaluated .

(4) The requirements under the sub - para ( 1 ) to (3 ) shall not act in lieu of or in derogation to, any other provisions contained in any Act governing the work.

6. Authorised entry . - Authorised persons only shall be permitted to enter any section of the factory or plant where any dangerous operations or processes are being carried on or where dangerous chemical reactions are taking place or where hazardous chemicals are stored .

(1 ) All instruments and 7. Examination of instruments and safety devices .

safety devices used in the process shall be tested before taking into use and after carrying out any repair to them examined once in a month by a competent person . Records of such tests and examinations shall be maintained in a register .

(2) All instruments and safety devices used in the process shall be operated daily or as often as it is necessary, to ensure its effective and efficient working at all times .

8. Electrical installations . All electrical installations used in the process covered in Appendix 'A' shall be of an appropriate type to ensure safety against the hazard prevalent in that area such as suitability against dust, dampness , corossion, flammability and explosivity etc. and shall confirm to the relevant ISI specifications governing their construction and use for that area .

9. Handling and storage of chemicals . ( 1 ) The containers for handling and storage of chemicals shall be adequate strength taking into consideration the hazardous nature of the contents . They shall also be provided with adequate labelling and colour coding arrangements to enable identification of the containers and their contents indicating to the respective ISI standards . The instructions given in the label shall be strictly adhered to. Damaged containers shall be handled only under supervision of acknowledgeable and responsible person and spillage shall be rendered innocuous in safe manner using appropriate means .

(2) The arrangements for the storage of chemicals including charging of chemicals in reactions vessels and containers shall be such as to prevent any risk 276 (85)

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of fire or explosion or formation of toxic concentration of substances above the limits specifie in Rule .

(3) Without prejudice to the generality of the requirements in sub - para ( 2) above , the arrangements shall have suitable ventilation facilities and shall enable the maintenance of safe levels in vessels and containers . Such arrangements shall also be taken into.consideration , the type of flooring and the capacity of flooring and the compatibility requirements of substances with other chemicals stored nearby .

(4) (a) Storage of chemicals and intermediate product which are highly unstable or reactive or explosive shall be limited to the quantities required for two months use .

(b) Where the quantities laid down in the above clause ( a) are to be exceeded , the permission of the Chief Inspector cum Facilitator shall be obtained.

(c) Notwithstanding anything contained in clauses (a) and (b ) above , the Chief Inspector cum facilitator may direct any factory carrying out processes covered in Appendix ' A' to further limit the storage of hazardous substances to quantities less than two months on consideration of safety .

(5) Standby arrangements equal to the biggest container shall always be available to transfer the toxic substances quickly into the stand by storage facility if any defect develops in any of the container resulting in the release of toxic substances .

(6) Any storage facility constructed using non - metallic material such as Fibre glass Reinforced Plastics ( FRP ) all glass vessels etc. , shall have adequate strength to withstand and stress , if any , exerted by the contents and shall be properly anchored , working platforms , access ladders , pine - lines etc. used in such storage facility shall not have any support on the structure of the storage facility and shall be independently supported.

10. Facility for isolation . - The plant and equipment shall be so constructed and maintained as to enable quick isolation of plant or part of plant or equipment, with appropriate indication . One copy of the layout plan indicating the isolation facilities shall always be available with the security personnel , the maintenance and the health and safety personnel and these isolating facilities shall be checked for its effectiveness once in a month .

11. Personal protective equipment . - ( 1 ) All workers exposed to the hazards in the processes covered by this Schedule shall be provided with appropriate and approved type of personal protective equipment . Such equipment shall be in a clean, and hygienic condition before issue .

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276(86)

(2) The occupier shall arrange to inform , educate and supervise all the workers in the use of personal protective equipment while carrying out the job .

(3) As regards any doubt regarding the appropriateness of any personal protective equipment , the decision of the Chief Inspector cum Facilitator will be final .

12. Alarm systems . ( 1 ) Suitable and effective alarm systems giving audible and visible indications , shall be installed at the control room as well as in all strategic locations where process control arrangements are available so as to enable corrective action to be taken before the operational parameters exceed the predetermined safe levels or lead to conditions conductive for an outbreak of fire or explosion to occur . Such alarm systems shall be checked daily and tested every month at least once to ensure its performance efficiency at all times .

(2) The Chief Inspector cum Facilitator may direct such system to be installed in case of plants or processes where toxic materials are being used and spillage or leakage of which may cause wide spread poisoning in or around the plant .

( 1 ) Effective 13. Control of escape of substances into the work atmosphere . -

arrangements such as , enclosure, or by pass , or efficient exhaust draught, maintenance of negative pressure etc. , shall be provided in all plants , containers , vessels , sewers , drains , flues , ducts , culverts , and spread of substances which are likely to give rise to fire or explosion or toxic hazards during normal working and in the event of accident or emergency .

(2) In the event of the failure of the arrangements for control resulting in the escape of substances in the work atmosphere immediate steps shall be taken to control the process in such a manner , that further escape is brought down to the safe level .

(3 ) The substances that would have escaped into the work atmosphere before taking immediate steps as required in sub - para (2 ) , shall be rendered innocuous by diluting with air or water or any other suitable agent or by suitable treating the substances .

14. Control of dangerous chemical reactions . Suitable provisions , such as automatic and / or remote control arrangement shall be made for controlling the effects of dangerous chemical reactions . In the event of failure of control arrangement shall come into operation .

15. Testing , examination and repair of plant and equipments . - ( 1 ) All parts ofplant , equipment and machinery used in the process which in the likely event of their failure may give rise to an emergent situation shall be tested by a competent person before commencing process and retested at an interval of two 276(87)

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years or after carrying out repairs to it . The competent person shall identify the parts of the plant , equipment and machinery required to be tested as aforesaid and evolve a suitable testing procedures . In carrying out the test as mentioned above in respect of pressure vessels or reaction vessels the following precautions shall be observed , namely : -

(a ) before the test is carried out, each vessel shall be thoroughly cleaned and examined externally , and as far as practicable , internally also for surface defects , corrossion and foreign matter. During the process of cleaning and removal of sludge , if any , all due precautions shall be taken against fire or explosion , if such sludge is of pyropheric nature or contains spontaneously combustible chemicals ;

(b) as soon as the test is completed , the vessel shall be thoroughly dried internally and shall be clearly stamped with the marks and figures indicting the person by whom testing has been done and the date of test; and

(c) any vessel which fails to pass the test of which for any other reason is found to be unsafe for use shall be destroyed or rendered unusable under intimation to the Chief Inspector cum Facilitator.

(2) All parts of plant , equipment , machinery which in the likely event of failure may give rise to an emergent situation shall be examined once in a month by the competent person .

(3) Records of testing and examination referred to in paragraphs ( 1 ) and (2) shall be maintained as long as that part of the plant , equipment and machinery are in use .

(4) All repair work including alteration , modification and addition to be carried out to the plant , equipment and machinery shall be done under the supervision of a responsible person who shall evolve a procedure to ensure safety and health of person doing the work . When repairs or modification is done on pipelines , and joints are required to be welded but welding of joints are required to be welded , the responsible person shall regulate the aforesaid work through a 'permit to work system' .

16. Staging . ( 1 ) All staging that is erected for the purpose of maintenance work or repair work or for work connected with entry into confined spaces and used in the processes included in Appendix ' A' shall be stable, rigid and constructed out of substantial material of adequate strength . Such staging shall confirm to the respective Indian Standard specifications .

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276(88)

(2) Staging shall not be erected over any closed or open vessel unless the vessel is so constructed and ventilated to prevent exposure or persons working on the stages .

(3) All the staging constructed for the purpose of this work shall have appropriate access which are safe and shall be fitted with proper hand rails to a height of one metre and toe - board .

17. Seating arrangements . The seating arrangements provided for the operating personnel working in processes covered in Appendix 'A' shall be located in a safe manner as to prevent the risk of exposure to toxic, flammable and explosive substances evolved in the work environment in the course of manufacture or repair of maintenance , either due to failure of plant and equipment or due to the substances which are under pressure , escaping into the atmosphere.

18. Entry into or work in confined spaces . - ( 1 ) The occupier of every factory to which the provisions of this schedule apply , shall ensure the observance of the following precautions before permitting any person to enter or work inside the confined spaces : -

(a) identify all confined spaces and the nature of hazards that are encountered in such spaces , normally , or abnormally , and arrange to develop the most appropriate safeguards for ensuring the safety and health of persons entering into or working inside , the confined spaces ;

(b) regulate the entry or work inside the confined spaces through a ' permit to work system' which should include the safeguards so developed as required under sub - clause ( a ) above ;

(c) before testing the confined space for entry into or work , the place shall be rendered safer by washing or cleaning with neutralizing agents or purging with steam or inert gases and making adequate forced ventilation arrangements or such measure which will render the confined space safe ;

(d) shall arrange to carry out such tests as are necessary for the purposes by a competent person and ensure that the confined space is safe for the person to enter or work. Such testing shall be carried out as often as is necessary during the course of work to ensure its continued safety;

(e) shall arrange to educate and train the personnel who would be required to work in confined spaces about the hazards involved in the work . He shall also keep in readiness the appropriate and approved personal protective equipment including arrangements for rescue , resuscitation and first aid , and shall arrange supervision of the work at all times by a responsible and knowledgeable person.

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276 (89) (2) The manager shall maintain a log of all entry into a work - in , confined spaces and such record shall contain the details of persons assigned for the work, the location of the work and such other details that would have a bearing on the safety and health of the persons assigned for this work . The log book so maintained shall be retained as long as the concerned workers are in service and produced to the inspector cum facilitator when demanded .

19. Maintenance work etc. ( 1 ) All the work connected with the maintenance of plants and equipment including cleaning of empty containers which have held hazardous substances used in the processes covered in this Schedule , shall be carried out under ' permit to work system ' employment trained personnel and under the supervision of responsible person having knowledge of the hazards and precautions required to deal with them .

(2) Maintenance work shall be carried out in such a manner that there is no risk to persons in the vicinity or to persons who pass by. If necessary, the place of such work shall be condoned off or the presence of unconnected persons effectively controlled...

20. Permit to work system . The permit to work system shall inter alia include the observance of the following precautions while carrying out an specified work to be subjected to the permit to work system : -

(a) all work subject to the permit to work system shall be carried out under the supervision of a knowledgeable and responsible person ;

(b) all sorts of plant or machinery or equipment on which permit to work system is carried out , shall remain isolated from other parts throughout the period of permit to work and the place of work including the parts of plant , machinery shall be rendered safe by cleaning , purging , washing , etc .;

(c) all work subject to the permit to work system shall have predetermined work procedures which integrate safety with the work . Such procedures shall be reviewed whenever any change occurs in material or equipment so that continued safe/ safety is ensured;

(d) persons who are assigned to carry out the permit to work system shall be physically fit in all respects taking into consideration the demands and nature, of the work before entering into the confined space . Such person shall be adequately informed about the correct work procedures as well as the precautions to be observed while carrying out the permit to work system;

(e) adequate rescue arrangements wherever considered necessary and adequate first aid , rescue and resuscitation arrangements shall be available in good मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(90)

working condition near the place of work while carrying out the permit to work system , for use in emergency ;

(f) appropriate and approval personal protective equipment shall be used carrying out the 'permit to work system' ;

(g) after completion of work subject to the 'permit to work system' the person responsible shall remove all the equipment and tools and restore to the original condition so as to prevent any danger while carrying out regular process .

21. Safety sampling personnel . The occupier shall ensure the safety for persons assigned for collecting sample by instructing them on the safe procedure . Such personnel shall be provided with proper and approval personnel protection equipment , if required .

22. Ventilation . Adequate ventilation arrangements shall be provided and maintained at all times in the process area where dangerous or toxic or flammable or explosive substances could be evolved . These arrangements shall ensure that concentrations , which are either harmful could result in explosion , are not permitted to be build up in the work environment .

23. Procedures for meeting emergencies . ( 1 ) The occupier of every factory carrying out the works covered in Appendix ' A ' , shall arrange to identify all types of possible emergencies that could occur in the processes during the course of work or while carrying out maintenance work or repair work . The emergencies so identified shall be reviewed every year .

(2) The occupier shall formulate a detailed plant to meet all such identified emergencies including arrangements for summoning outside help for rescue and firefighting and arrangements for making available urgent medical facilities .

(3) The occupier shall send the list of emergencies and the details of procedures and plans formulated to meet the emergencies , to the Chief Inspector cum facilitator

(4) The occupier shall arrange to install distinctive and recognizable warning arrangements to caution all persons inside plant as well as the neighboring community , if necessary, to enable evacuation of persons and to enable the observance of emergency procedures by the persons who are assigned emergency duties . All concerned must be well informed about the warning arrangements and their meaning . The arrangements must be checked for its effectiveness every month .

(5) Alternate power supply arrangements shall be made and interlocked with the normal power supply system so as to ensure constant supply of power to the facilities and equipment meant for compliance with requirements of paragraphs 276(91)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

10, 11 , 12, 13,14 , 18 , 22 and this paragraph of Part II , Part III , Part IV and Part V of this Schedule .

(6) The occupier shall arrange to suspend the further process work in a place where emergency is established and shall forthwith evacuate all persons in that area except workers who have been assigned emergency duties .

(7) All the employees of the factory shall be trained about the action to be taken by them including evacuation procedures during emergencies .

(8) All emergency procedures must be rehearsed every three months and deficiencies , if any, in the achievement of the objectives shall suitably be corrected .

(9) The occupier shall arrange to have ten percent of the workers trained in the use of first aid fire fighting appliances and in rendering of specific first aid measure taking into consideration the special hazards of the particular process .

(10) The occupier shall furnish immediately on request the specific chemical identity of the hazardous substance to the treating physician when the information is needed to administer proper emergency or first - aid treatment to exposed.

24. Danger due to effluents . ( 1 ) Adequate precautions shall be taken to prevent the mixing of effluents from different processes and operations which may cause dangerous or poisonous gases to be evolved .

(2) Effluents which contain or give rise in the presence of other effluents to poisonous gases shall be provided with independent drainage system to ensure that they may be trapped and rendered safe .

Part III - Fire and Explosions Risks

1. Sources of ignition including lighting installation . ( 1) No internal combustion engine and no electric motor or other electrical equipment, and fittings and fixtures capable of generating sparks of otherwise causing combustion or any other source of ignition or any naked light shall be installed or permitted to be used in the process area where there could be fire and explosion hazards .

(2) All hot exhaust pipe shall be installed outside a building and other hot pipes or hot surface or surfaces likely to become hot shall be suitably protected .

(3) The classification of work areas in terms of its hazard potential and the selection of electrical equipment or other equipment that could constitute a source of ignition shall be in accordance with the respective Indian Standard .

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276(92)

(4) Where a flammable atmosphere may be prevalent or could occur, the soles of footwear worn by workers shall have no metal on them , and the wheels of trucks or conveyors shall be conductive type .

(5) All tools and appliances used for work in this area shall be of non - sparking type.

(6) Smoking in process areas where there are -risks of fire and explosion shall be ... prohibited and warning notices in the language understood by majority of workers shall be posted in the factory prohibiting smoking into specified areas .

2. Static electricity . ( 1 ) All machinery and plant , particularly , pipe lines and belt drives , on which static charge is likely to accumulate , shall be effectively earthed. Receptacles for flammable liquids shall have metallic connections to the earthed supply tanks to prevent static sparking . Where necessary, humidity shall be regulated .

(2) Mobile tanker wagons shall be earthed during filling and discharge , and precautions shall be taken to ensure that earthling is effective before such filling ordischarge takes place .

3. Lightening protection . Lightening protection arrangement shall be fitted where necessary, and shall be maintained .

4. Process heating . - The method of providing heat for a process likely to result in fire and explosion shall he as safe as possible and where the use of naked flame is necessary , the plant shall be so constructed as to prevent any escaping flammable gas , vapor or dust coming into contact with the flame, or exhaust gases , or other sources likely to cause ignition . Wherever possible the heating arrangement shall be automatically controlled at a predetermined temperature below the danger temperature .

5. Leakage of flammable liquids . - ( 1 ) Provision shall be made to confine by means of bund walls , dykes , sumps etc. possible leakages from storage vessels containing flammable liquids .

(2) Waste material in contact with flammable substances shall be disposed off suitably under the supervision of knowledgeable and responsible person .

(3) Adequate and suitable fire- fighting appliances shall be installed in the vicinity of such vessels .

6. Safety valves . - Every still and every closed vessel in which gas is evolved or into which gas is passed, and in which the pressure is liable to rise above the atmospheric pressure , shall have attached to it a pressure gauge, and a proper safety valve or other equally efficient means to relieve the pressure . These appliances shall be maintained in good condition .

276(93)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

7. Installation of pipe line etc. All pipe lines carrying flammable or explosive substances shall be protected from mechanical damage and shall be examined by a responsible person once in a week to detect any deterioration or defects , or accumulation or flammable or explosive substances , and record kept of any defects found and repairs made .

8. Fire fighting systems . ( 1 ) Every factory employing 500 or more persons and carrying out processes listed in Appendix ' A' shall provide : -

(a) trained and responsible fire fighting squad so as to effectively handle the firefighting and life saving equipment in the event of fire or other emergency . Number of persons in this squad will necessarily depend upon the size or risk involved, but in no case shall be less than 8 such trained persons to be available at any time . The squad shall consist of watch and ward personnel , fire pump man and departmental supervisors and operators trained in the operation of fire and emergency services .

(b) squad leaders shall preferably be trained in a recognized government institution and their usefulness enhanced by providing residence on the premises.

(c) squad personnel shall be provided with clothing and equipment including helmets , boots and belts .

(2) A muster roll showing the duties allocated to each member of the squad shall be prepared and copies supplied to each leader as well as displayed in prominent places so as to be easily available for reference in case of emergency.

(3) The pump man shall be thoroughly conversant with the location of all appliances . He shall be responsible for maintaining all fire fighting equipment in proper working order . Any defect coming to his notice shall be immediately be brought to the notice of squad leader .

(4) As far as is practicable, the fire pump room and the main gate( s ) of the factory be connected to all manufacturing or storing areas through telephone interlinked and placed in a convenient location near such areas .

Part IV - Risk of Toxic Substances

1. Leakage. - ( 1 ) All plants shall be

so designed and constructed as to prevent the escape of toxic substances . Where necessary , separate buildings , rooms or protective structures shall be used for the dangerous stages of the process and the buildings shall be so designed as to localize any escape of toxic substances .

(2) Catch pits , bund walls , dykes , or other suitable safeguards shall be provided to restrict the serious effects of such leakages . Catch pits shall be placed below मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(94)

joints in pipelines where there is danger involved to maintenance and other workers from such leakage .

2. Drainage . - Adequate drainage shall be provided and shall lead to collection tanks specifically provided for this purpose wherein deleterious material shall be neutralized treated or otherwise rendered safe before it is discharged into public drains or sewers .

3. Covering of vessels . - ( 1 ) Every fixed vessel or structure containing any toxic substance and not so covered as to eliminate all reasonable risk of accidental contract of any portion of the body of a worker, shall be so constructed as to avoid physical contact .

(2) Such vessel shall , unless its edge is at least 90 centimeters above the adjoining ground or platform , be securely fenced to a height of at least 90 centimeters above such adjoining ground or platform.

(3) Where such vessels adjoin and the space between them , clear of any surrounding brick or other work is either less than 45 centimeters in width or is 45 or more centimeters in width , but is not securely fenced on both sides to a height of at least 90 centimeters , secure barriers shall be so placed as to prevent passage between them :

Provided that sub - paragraph (2) of this paragraph shall not apply to-

(a) Saturators used in the manufacture of sulphate of ammonia; and

(b) that part of the sides of brine evaporating pans which require raking, drawing or filling.

4. Continuous exhaust arrangement . ( 1 ) Any process evolving toxic vapour , gas , fume and substance shall have efficient continuous exhaust draught. Such arrangement shall be interlocked in the process control wherever possible .

(2) In the event of failure of continuous exhaust arrangement means shall be provided to automatically stop the process .

5. Work bench . All the work benches used in processes involving the manipulation of toxic substances , shall be graded properly and shall be made of smooth impervious surface which shall be washed daily after the completion of work.

6. Waste disposal . ( 1 ) There shall be provided a suitable receptacle made of non- absorbable material with a tightly fitting cover for depositing waste material soiled with toxic substances , and the contents or such receptacle shall he destroyed by burning of using other suitable methods under the supervision of a responsible person .

276(95)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(2) During the course of manufacture , whenever any batch or intermediate products having toxicity is rejected on consideration of quality , sufficient precautions shall be taken to render them innocuous or otherwise treat them or inactive them , before disposal .

(3) The empty containers of toxic substances shall be cleaned thoroughly before disposal under the supervision a responsible person .

PartV - Special Provisions

1. Special precautions for Nitro or Amino Processes . (1) Unless the crystallized nitro or amino substances or any of its liquor is broken or agitated in a completely enclosed process so as not to give rise to dust or fume , such process shall be carried on under an efficient exhaust drought or by adopting any other suitable means in such a manner as to prevent the escape of dust or fume in the working atmosphere .

(2) No part of the plant or equipment or implements which was in contact with nitro or amino compounds shall be repaired , or handled unless they have been emptied and thoroughly cleaned and decontaminated.

(3) Filling of containers with nitro or amino compounds shall be done only by using a suitable scoop to avoid physical contact and the drying of the containers in the stove shall be done in such a manner that the hot and contaminated air from the stove is not drawn into the work - room.

(4) Processes involving the steaming into or around any vessel containing nitro or amino compounds or its raw materials shall be carried out in such a manner that the steam or vapor is effectively prevented to be blown back into the working atmosphere .

(5) Suitable antidotes such as methylene blue injections shall always be available at designated places of work for use during emergency involving the poisoning with nitro or amino compounds .

2. Special precautions for ' chrome processes ' . ( 1 ) Grinding and sieving of raw materials in chrome processes shall be carried on in such a manner and under such condition as to secure effective separation from any other processes and under an efficient exhaust draught .

(2) There shall be washing facilities located very near to places where wet chrome processes such as leaching , acidification , sulphate settling evaporation, crystallisation , centrifugation or packing are carried out, to enable quick washing of affected parts of body with running water .

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(96)

(3) Weekly inspection of hand and feet of all persons employed in chrome process shall be done by a qualified nurse and record of such inspections shall be maintained in a form approved by the Chief Inspector cum facilitator.

(4) There shall be always available at designated places of work suitable ointment such as glycerine , vaceline , etc. and water proof plaster in a separate box readily accessible to the workers so as to protect against perforation of nasal septum .

3. Special precautions for processes carried out in all glass vessels .

(1 )Processes and chemical reactions such as manufacture of vinyl chloride , benzyl chloride etc. which are required to be carried out in all glass vessels shall have suitable means like substantial wiremesh covering to protect persons working nearby in the event of breakage of glass vessel .

(2) The personal protective equipment like overall , etc. provided for the chlorate workers shall not be taken from the place of work and they shall be thoroughly cleaned daily.

(3 ) Adequate quantity of water shall be available near the place of chlorate process for use during fire emergency.

(4) Wooden vessel shall not be used for the crystalisation of chlorate or to contain crystalised ground chlorate .

(5) Special precautions in the use of plant and equipment made from reinforced plastics-

(1) All plants and equipments shall conform to appropriate Indian or any other National Standard .

(2) Care shall be taken during storage , transport , handling and installation of plant and equipments to avoid accidental damage .

(3) All plants and equipments shall be installed in such a way as to ensure that loads are distributed as intended in design or as per the recommendation of the manufacturers .

(4) All pipe work shall be supported so that total loads local to the branches on the vessel or tank do not exceed their design values .

(5) After erection all plants and equipments shall be subjected to a pressure test followed by a thorough examination by a competent person . The test and examination shall be as per relevant standard. A certificate of test and examination by competent person shall be obtained and kept available at site .

(6) All plants and equipments shall be subjected to periodical test and examination and record maintained as per paragraph 15 in Part II of this Schedule .

276( 97)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

Y

(7) Plant and equipments during their use shall not be subjected to over filling or overloading beyond rated capacity .

Part VI - Medical Requirements

1. Decontamination facilities . In all places where toxic substances are used in processes listed in Appendix 'A' the following provisions shall be made to meet an emergency : -

(a) fully equipped first aid box;

(b) readily accessible means of drenching with water persons , parts of body of persons , and clothing of persons who have been contaminated with such toxic and corrosive substances and such means shall be as shown in the table below : -

Table

Employed at any time

No. of persons

2

Upto 50 persons

3

Between 51 to 100

Between 101 to 200

3 + 1 every 50 persons thereafter

Between 201 to 400

5 + 1 for every 100 persons

7 + 1 for every 200persons

Between 401 and above

(c) a sufficient number of eye wash bottles filled with distilled water or suitable liquid, kept in boxes or cupboards conveniently situated and clearly indicated by a distinctive sign which shall be visible at all times .

2. (1 ) For factories employing upto 50 workers . (a) The services of a qualified medical practitioner hereinafter known as Factory Medical Officer , available on a retainership basis , in his notified clinic near factory for seeking medical help during emergency . He will also carry out the pre -employment and periodical medical examinations as stipulated in paragraph 4 of this Part.

(b) A minimum of five persons trained in first aid procedures , amongst whom at least one shall always be available during the working period .

(c) A fully equipped first aid box .

(2) For factories employing 51 to 200 workers . (a) The occupational health centre shall have a room having a minimum floors area of 15 sq . mtr , with floor and walls made of smooth , hard and impervious surface and shall be adequately illuminated, ventilated and equipped.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(98)

(b) A part time Factory Medical Officer will be in over all charge of the Centre who shall visit the factory minimum twice in a week and whose services shall be readily available during emergencies .

(c) There shall be one qualified and trained dresser - cum - compounder on duty throughout the working period .

(d) A fully equipped first aid box .

(3) For factories employing above 200 workers . (a) There shall be one full time Factory Medical Officer for factories employing up to 500 workers and one more medical officer for every 1000 workers or part thereof.

(b) The occupational health centre in this case shall have a minimum of 2 rooms each having a minimum floor area of 15 sq . m. with floors and walls made of smooth, hard and impervious surface and shall be adequately illuminated, ventilated and equipped .

(c) There shall be one trained nurse , one dresser - cum - compounder and one sweeper- cum - ward boy throughout the working period.

(d) The Occupational Health Centre in this case shall be suitably equipped to manage medical emergencies .

3. Ambulance van . (1) In every factory carrying out processes covered in Appendix'A' there shall be provided and maintained in good condition a suitably constructed and fully equipped ambulance van as per Appendix 'C ' manned by a full -time driver- cum - mechanic and helper trained in the first aid for the purposes of transportation of serious cases of accidents or sickness unless arrangements for procuring such facility at short notice during emergencies have been made with the nearby hospital or other places . The ambulance van shall not be used for any purpose other than the purpose stipulated herein and will always be available near the Occupational Health Centre .

(2) The relaxation to procure Ambulance Van from nearby places provided for in sub - para ( 1 ) above will not be applicable to factories employing more than 500 workers .

4. Medical examination .- ( 1 ) Workers employed in processes covered in Appendix 'A' shall be medically examined by a Factory Medical Officer in the following manner: -

( a) once before employment, to ascertain physical suitability of the person to do the particular job ;

(b) once in a period of 6 months , to ascertain the health status of the worker ; and

(c) the details of pre - employment and periodical medical examinations 276(99)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

carried out as aforesaid shall be recorded in the prescribed form .

(2) Any finding of the Factory Medical Officer revealing any abnormality or unsuitability of any person employed in the process shall immediately be reported to the Medical inspector cum facilitator who shall in turn , examine the concerned workers and communicate his findings within 30 days . If the Medical inspector cum facilitator is of the opinion that the person so examined is required to be suspended from the process for health protection he will direct the occupier accordingly , who shall not employ the said worker in the same process . However , the person so suspended from the process shall be provided with alternate placement facilities unless he is fully incapacitated in the opinion of the Medical inspector cum facilitator in which case the person affected shall be suitably rehabilitated :

Provided that the Medical inspector cum facilitator on his own may examine any other worker whom he feels necessary to be examined for ascertaining the suitability of his employment in the process covered in Appendix 'A' or for ascertaining the health status of any other worker and his opinion shall be final .

(3) No person shall be newly appointed without the Certificate of Fitness granted by the Factory Medical Officer . If the Factory Medical Officer declares a person , unfit for being appointed to work in the process covered in Appendix ' A' , such person shall have a right of appeal to the Medical inspector cum facilitator , whose opinion shall be final in this regard .

(4) The worker suspended from the process owing to the circumstances covered in sub - para (2 ) shall be employed again is the same process only after obtaining the Fitness Certificate from the Medical inspector cum facilitator and after making entries to that effect in the healthregister .

(5) Every worker employed in the processes of this shedule shall be examined by a medical officer. He shall issue fitness on form 28 .

(6) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in these 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 on form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person in unfit for work in the said process . 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 that case the person affected shall be suitably rehabilitated .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 ( 100 )

(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 those processes .

(8) The record of the examinations form 28 and 29 , shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator.

Part VII

Additional Welfare Amenities

1. Washing facilities . ( 1 ) There shall be provided and maintained in every factory for the use of all the workers taps for washing , at the rate of one tap for every 15 persons including liquid soap in a container with tilting arrangement and nail brushes or other suitable means for effective cleaning . Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition.

(2) If washing facilities as required above are provided for women , such facilities shall be separate for them and adequate privacy at all times shall be ensured in such facilities .

2. Mess room facilities . ( 1 ) The occupier of all the factories carrying out processes covered in Appendix ' A' and employing 50 workers or more , shall provide for all the workers working in a shift mess room facilities which are well ventilated and provided with tables and sitting facilities along with the provisions of cold and hygienic drinking water facilities .

(2) Such facilities include suitable arrangement for cleaning and washing and shall be maintained in a clean and hygienic condition.

3. Cloak room facilities . ( 1 ) The occupier of every factory carrying out any process covered in Appendix 'A ' shall provide for all the workers employed in the process cloak room facilities with lockers . Each worker shall be provided with two lockers , one for work clothing and another separately for personal clothing and the lockers should be such as to enable the keeping of the clothing in a hanging position.

(2) The cloak room facilities so provided in pursuance of sub - para ( 1 ) shall be located as far as possible near to the facilities provided for washing in pursuance of para 1 ( 1 ) .If it is not possible to locate the washing facilities the cloak room facilities shall have adequate and suitable arrangements for cleaning and washing.

276(101)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

4. Special bathing facilities . - ( 1 ) The occupier of any factory carrying out the process covered under Appendix ' B ' shall be provided special bathing facilities for all the workers employed and such facilities shall be provided at the rate of 1 for 25 workers and part thereof, and shall be maintained in a clean and hygienic condition.

(2) The occupier shall insist all the workers employed in the processes covered in Appendix ' B ' to take bath after the completion of the day's or shift work using the bathing facilities so provided and shall also effectively prevent such if those workers taking bath in any place other than the bathing facilities .

(3 ) Notwithstanding anything contained in sub - para ( 1 ) above , the Chief Inspector cum facilitator may require in writing the occupier of any factory carrying out any other process for which in his opinion bathing facilities are essential from the health point of view , to provide special bathing facilities .

Part VIII

1. Duties of workers . - ( 1 ) Every worker employed in the processes covered in Appendix ' A ' and Appendix 'B' shall not make any safety device or appliance or any guarding or fencing arrangement , inoperative or defective and shall report the defective condition of the aforesaid arrangement as soon as he is aware of any such defect.

(2) Before commencing any work , all workers employed in processes covered in Appendix 'A' shall check their work place as well as the machinery , equipment or appliance used in the processes and report any mal - function or defect immediately to the supervisor or any responsible person of the management .

(3) All workers shall co - operate in all respects with the management while carrying out any work or any emergency duty assigned to them in pursuance of this schedule and shall always use all the personal protective equipments issued to them in a careful manner .

(4) All workers employed in the processes covered in Appendix 'A ' or Appendix 'B'shall not smoke in the process area or storage area . If special facilities are provided by the management only such facilities should be used .

(5) All workers employed in the processes covered in Appendix 'A' shall not remain in unauthorized place or carry out unauthorized work or improvise any arrangement or adopt short cut method or misuse any of the facilities provided in pursuance of the Schedule, in such a manner as to cause risk to themselves as well as or to others employed .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 102)

Y

( 6 ) The workers shall not refuse undergoing medical examination as required under these rules .

Part IX

Restriction on the employment of adolescents under 18 years of age and women .

(1 ) The Chief Inspector of Factories may by an order in writing, restrict or prohibit the employment of women and adolescents under the age of 18 , in any of the processes covered in Appendix ' A' of the Schedule on consideration of health and safety of women and adolescents .

(2) Such persons who are restricted or prohibited from working in the process due to the order issued in pursuance of sub - para ( 1 ) above shall be provided with alternate work which is not detrimental to their health or safety .

Part X - Exemptions

1. Power of exemption . - The State Government or subject to the control of the State Government , the Chief Inspector may exempt from the compliance with any of the requirements of this Schedule partly or fully , any factory carrying out processes covered in Appendix ' A' if it is clearly and satisfactorily established by the occupier that the compliance with any of the requirement is not necessary to ensure the safety and health of persons employed as suitable and effective alternate arrangements are available to any of the requirements covered in this schedule .

Appendix 'A '

Any works or that part of works in which (a) The manufacture, manipulation or recovery of any of the following is carried on : -

(i) sodium, potassium, iron , aluminium , cobalt, nickel , copper , arsenic , antimony, chromium , zinc , selenium, magnesium , cadmium , mercury, beryllium and the organic and inorganic salts , alloys , oxides and hydroxides ;

(ii ) ammonia , ammonium hydroxide and salts of ammonium;

(iii) the organic or inorganic compounds or sulphurous , sulphuric , nitric , nitrous , hydrochloric, hydroflouric, hydroiodic , hydrosulphuric, hydrobromil boric;

(iv) cyanogen compounds , cyanide compounds , cyanate compounds ;

(v) phosphorous and its compounds other than organo - phosphorous insecticides ;

(vi) chlorine;

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(103) (b) hydrogen sulphide is evolved by the decomposition of metallic sulphides , orhydrogen sulphide is used in the production of such sulphides ;

(c) bleaching powder is manufactured or chlorine gas is produced in chlor alkali plants;

(d) ( i ) gas tar or coal tar or bitumen or shale oil asphalt of any residue of such tar is distilled or is used in any process of chemical manufacture ;

(ii ) tar based synthetic colouring matters or their intermediates are produced ;

(e) nitric acid is used in the manufacture of nitro compounds ;

(f) explosives are produced with the use of nitro compounds ;

(g) aliphatic or aromatic compounds or their metallic and non-metallic derivatives or substituted derivatives , such as chloroform , ethylene glycol , formaldehyde , benzylechloride , phenol , methyl ethyl ketone peroxide, cobalt, carbonyl , tungsten carbide etc. are manufactured or recovered.

Appendix 'B'

Concerning Special Bathing Accommodation in pursuance of para 4 of Part IV- (1) Nitro or amino processes .

(2) All chrome processes .

(3 ) Processes of distilling gas or coal tar or processes of chemical manufacture in which tar is used .

(4) Processes involving manufacture , manipulation , handling or recovery of cyanogens compound , cyanide compound , cyanate compounds .

(5) Processes involving manufacture of bleaching powder or production of chlorine gas in chlor alkali plants .

(6) Manufacture , manipulation or recovery of nickel and its compounds .

(7) All processes involving the manufacture , manipulation or recovery of aliphatic or aromatic compounds or their derivatives or substituted derivatives .

Appendix ' C'

Ambulance :

Ambulance should have the following equipments : -

General :

An wheeled stretcher with folding and adjusting devices ;

Head of the stretcher must be capable of being titled upward ;

Fixed oxygen supply with equipments ;

Pillow with cases ;

Sheets;

Blankets;

Towels;

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276(104)

Emosis bag ;

Bed pan;

Urinal ;

Glass .

Safety equipment :

Flares with life of 30 minutes ;

Flood lights ;

Flash lights ;

Fire extinguisher dry powder type ;

Insulated guantlets .

Emergency care equipments :

Resuscitation :

Portable suction unit ;

Portable oxygen unit ;

Bag -valve- mask, hand operated artificial ventilation unit ;

Airways;

Mouth gage ;

Tracheostomy adaptors ;

Short spine board ;

.I.V . Fluids with administration unit ;

B.P. manometer ;

Cugg;

Stetheoscope .

Immobilization :

Long and short padded boards ;

Wire ladder splints;

Triangular bandage ;

Long and short spine board.

Dressings :

Gauze pads 4 " + 4 " ;

Universal dressing 10 " X 36 " ;

Roll of aluminium foils ;

Soft roller bandages 6 " x 5 yards ;

Adhesive tape in 3 " roll ;

Safety pins ;

Bandage sheets ;

Poisoning :

Syrup of Ipecac ;

Activated charcoal ; Pre packeted in doses

Snake bite left ;

Drinking water.

Emergency Medicines :

As per requirement ( under the advice of Medical Officer only) 276(105)

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Y

Schedule XII

Manufacture of Pottery

1. Definitions.- ( a) " Pottery " includes , earthenware , stoneware,, porcelain , china tiles and any other articles made from clay or from mixture containing clay and other materials such as quartz, flint feldspars and gypsum ;

(b) "Efficient exhaust draught " means localised ventilation effected by mechanical or other means for the removal of dust or fume so as to prevent it from escaping into the air of any place in which work in carried on . No draught shall be deemed efficient which fails to remove effectively dust or fume generated at the point where dust or fume originates ;

(c) " Fettling " includes scalloping , towing , sand papering, and sticking , brushing or any other process of cleaning of pottery where in which dust is given off;

(d) "Leadless glaze " means a glaze which does not contain more than one percent of its dry weight of a lead compound calculated as lead monoxide;

(e) " Low solubility glaze " means a glaze which does not yield to dilute hydrochloric acid more than five percent of its dry weight of a soluble lead compound calculated as lead monoxide when determined in the manner described below : -

A weighed quantity of the material which has been dried at 100 °C and thoroughly mixed shall be continuously shaken for one hour, at the common temperature with1000 times of weight of an aqueous solution of hydrochloric acid containing 0.25 percent 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 weighted as lead sulphate .

(f) Ground or ordered faint or quartz does not include natural sands ;

(g) " Potter's shop " includes all places where pottery is formed by pressing or by any other process and all places where shaping , fettling or other treatment of pottery articles prior to placing or the biscuit fire is carried on .

2. Efficient exhaust draught . The following processes shall not be carried on without the use of an efficient exhaust draught-

Locations

Operations

Preparing mix for frit .

(i)All processes involving the manipulation or use of dry and unfitted Lead compound.

Finishing on wheels (of fettling machine) Hand finishing , Blowing of (ii)The fettling operations of any kind, whether on green ware or मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(106)

Y

dust , before glazing pipe , turning and polishing . Finishing of Biscuits . Rubbing before glazing .

Biscuit , provided that this shall not apply to the wet fettling , and to the occasional finishing of pottery articles without the aid of mechanical power .

Making body for Toggle press and Tile press .

(iii )The shifting of clay dust or any other material for making tiles or other articles by pressure , except where: -

(a) This is done in a machine so enclosed as to effectually prevent the escape of dust, or

(b) The material to be shifted is so damp that no dust can be given off.

Tiles press , Toggle press or Dye - press .

(iv) The pressing of tiles from clay dust, an exhaust opening being connected with each press , this clause shall also apply to the pressing from clay dust of articles other than tiles , unless the material is so damp that no dust is given off.

Hand finishing .

(v) The fettling of tiles made from clay dust by pressure , except where the fettling is done wholly on or with damp material , this clause shall also apply to the fettling of other articles made from clay dust, unless the material is so damp that no dust is givenoff.

Loading unloading of saggers . of saggers, doubling (vi) The process of loading and unloading of saggers where handling and manipulation of ground and powdered flint , quartz , alumina, or other materials are involved .

Hand Finishing of Biscuits .

(vii )The brushing of earthenware biscuits , unless the process is carried on in a room provided with efficient general mechanical ventilation or 276 ( 107)

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other ventilation which is certified by the Inspector cum facilitator as adequate having regard to all the circumstances of the case .

Finishing Biscuits .

(viii ) Felling of Biscuits were, which has been fired in powdered flint or quartz except where this is done in machines so enclosed as to effectually prevent the escape of dust .

Glazing and Dusting

(ix)Ware cleaning after the other process . application of glaze by dipping or

Low crushing of quartz, feldspars etc. Edge runner of pebble mill grinding . Grinding for tile body . Grog disintegrator .

(x) Crushing and dry grinding of materials for potter bodies , and saggers , unless carried on in machines , SO enclosed as effectually prevent the escape of to dust or is so damp that no dust can be givenoff.

grog and Fire Clay. Filling bags with mix for sagger . Charging of tanks and mixing the Materials . Fire clay disintegrator . Hand sieving of (xi) Sieving or manipulation of powdered flint , quartz , clay grog or mixture of these materials unless it is so damp that no dust can be given off.

(xii) Grinding of tiles on power driven wheel unless an efficient water spray is used on the wheels .

Jaw crushing of quartz , feldspar etc. Edge runner or pebble mill grinding . Grinding for tilebody . Note. - Elevators were close to the crushers and grinders .

(xiii ) Lifting and conveying of materials by elevators and conveyers unless they are effectively enclosed and so arranged as to prevent escape of dust into the air in or near to any place in which persons are employed.

Spary glazing .

Glazing and dusting.

(xiv) The preparation or weighing out of flow material , lawning of dry colours , colour dusting and colour blowing.

Mould making .

(xv) In mould making unless the bins

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276 (108 )

or similar receptacles used for holding plaster of Paris are provided with suitable covers .

Calcining gypsum . Sieving Plaster of Paris .

(xvi ) The manipulation of calcined material unless the materials have been made and remains so wet that no dust is given off.

(xvii ) Protective Equipment.

Weighing of raw materials charging the blunder charging the ball mill . Filling bags with mix forsagger . Charging of the tanks and mixing the materials

3. Each of the following processes shall be carried on in such manner and under such conditions so as to secure effectual separation from one another and from other processes : -

(a) Crushing and dry grinding or sieving of materials , fettling , pressing of tiles , drying of clay and green ware , loading and unloading of saggers .

(b) All processes involving the use of a dry lead compound .

4. No glaze which is not leadless glaze or a low solubility glaze shall be used.in a factory in which pottery is manufactured.

5. No woman or adolescent shall be employed or permitted to work any of the operation specified in clause 2. or at any place where such operations are carried on .

6. The potter's wheel ( Jolly and Jigger) shall be provided with screens or so constructed as to prevent clay scappins being thrown off beyond the wheel .

7. (1) All practical measure shall be taken by damping or otherwise to prevent dust arising during cleaning of floors .

(2) Damp saw dust or other suitable material shall be used to render the moist method effective in preventing dust rising into the air during the cleaning process which shall be carried out after work has ceased.

8. The floors of potter shops , slip houses , dipping houses and ware cleaning rooms shall be hard, smooth and impervious and shall be thoroughly cleaned daily by amoist method by an adult male.

9. Medical facilities and Examination ( 1 ) The occupier of every factory inwhich a manufacturing of pottery is carried on , shall-

(a) make arrangements of a qualified medical practitioner for medical मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(109) surveillance of the workers employed therein ; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a ) .

(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained which shall be kept readily available for inspection by the Inspector cum facilitator.

(3) Every worker employed in any process mentioned under paragraph 3 , shall be examined by medical officer within 15 days of his first employment . Such examination shall include tests for lead in urine and blood. ALA in urine , haemoglobin content , stippling of cells and pulmonary function test and chest X- ray for workers engaged in processes mentioned in items ( i ) to ( iv) of paragraphs 2 and pulmonary function tests and chest X- rays for the others . 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 .

(4)All persons employed in any of the process included under item ( i ) to ( iv ) shall be examined by a medical officer once in every 3 calendar months . Such examinations in respect of all the workers shall include all the tests as specified in sub - paragraph ( 1 ) except chest X- ray which will be once in 3years.

(5) Every worker employed in pottery processes shall be examined by a medical officer . He shall issue fitness on form 28 .

(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 on form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person is unfit for work in the said process . 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 that 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 those processes .

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276(110)

(8) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

( 1 ) The occupier shall provide and maintain 10. Protective equipment .

suitable overalls and head coverings for all persons employed in process included under clause 2 .

(2) The occupier shall provide and maintain suitable aprons of a water proof or similar material , which can be sponged daily, for the use of the dippers , assistants , throwers , jolly workers , casters , mound makers and filter press and pug mill workers .

(3) Aprons provided in pursuance of clause 11 (2) shall be thoroughly cleaned daily by the weavers by sponging or other wet process . All overalls and head covering shall be washed , cleaned and mended at least once a week and this washing, cleaning or mending shall be provided for by the occupier .

(4) No person shall be allowed to work in emptying specks of dusty materials , weighing out and mixing of dusty materials and charging of ball mills and blungers without wearing a suitable and efficient dust respirator.

11. Washing Facilities . (1 ) The occupier shall provide and maintain , in a cleanly state and in good repair for the use of all persons employed in any of the processes specified in clause 2, a wash place under cover, with either-

(i) a trough with smooth impervious surface fitted with a waste pipe, without plug, and of sufficient length to allow at least two feet for every five such persons employed at any one time, and having constant supply of clean water from taps or jets above the through at intervals of not more than two feet ; or (ii ) at least one tap or stand pipe for every five such persons employed at any one time , and having a constant supply of clean water , the tap or stand pipe being spaced not less than 1.2 meters apart ; and

(2) A sufficient supply of clean towels made of suitable material changed daily, with sufficient supply of nail brusher and soap .

12. Time allowed for washing . Before each meal and before the end of the days work , at least ten minutes , in addition to the regular meal times , shall be allowed for washing to each person employed in any of the processes mentioned in clause 2.

13. Mess- room . ( 1 ) There shall be provided and maintained for use of all persons remaining within the premises during the rest intervals , a suitable mess- room, providing accommodation of 10 square feet per head and furnished with- (i) a sufficient number of tables and chairs or benches with back rest ;

276(111)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

(ii) arrangements for washing utensils:

(iii ) adequate means for warming food ;

(iv) adequate quantity of drinking water .

(2) The room shall be adequately ventilated by the circulation of fresh air and placed under the charge of responsible person and shall be kept clean .

14. Food , drinks , etc. , prohibited in work - rooms . No food, drinks , pan and supari , or tobacco shall be brought into or consumed by any worker in any work -room in which any of the processes mentioned in clause 2 are carried on and no person shall remain in any such room during intervals for meals or rest .

15. Cloak - room etc. There shall be provided and maintained for the use of all persons employed in any of the processes mentioned in clause 2: -

(a) a cloak - room for clothing put off during working hours and such accommodation shall be separate from any mess room;

(b) seperate and suitable arrangements for the storage of protective equipment provided under clause II .

16. These regulations shall not apply to a factory in which any of the following articles , but no other pottery, are made

(a) unglazed or salt brick and tiles , and

(b) architectural terra cotton made from plastic clay and either unglazed or glazed with a leadless glaze only.

17. Exemptions . If in respect of any factory 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 in such factory, he may by a certificate in writing exempt such factory from all or any such provisions , subject to such conditions as he may specify therein , such certificate may at any time be revoked by the Chief Inspector without assigning any reasons .

Schedule XIII

Compression of Oxygen and Hydrogen produced by the electrolysis water .

(1) The room in which electrolyser plant is installed shall be separate from the plant for storing and compressing the oxygen and hydrogen .

(2) The purity of oxygen and hydrogen shall be tested by a competent person at hourly intervals at the following points : -

(i) in the electrolyser room;

(ii) at the gas holder inlet ; and

(iii ) at the section end of the compressor.

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276( 112)

The purity figure shall be entered and signed by the person carrying out such tests in the register :

Provided , however , that if the electrolyser plant is fitted with automatic recorder of purity of oxygen and hydrogen with alarm lights , it shall be sufficient if the purity of the gases is tested at hourly intervals at the suction end of the compressor only.

(3 ) The oxygen and hydrogen gases shall not be compressed, if their purity as determined under clause 2 above falls below 98 per cent at any time .

(4) There shall be at least two gas holders for each kind of gas and the gas holders for same gas shall not be fitted with inter- locked valves or levers and three way cocks at the junction of their outlets in such a way that no gas holder is connected to the compressor and to the electrolyser at the same time , and only one gas holder is connected to the compressor , line at any one time .

(5) The bell of any gas holder shall not be permitted to go within 30 cm. of its lowest position when empty, a visual and an audible warning signal shall be fitted to the gas holder to indicate that this limit is reached .

(6) The water and caustic soda used for making shall be chemically pure within pharmaceutical limits .

(7) Electrical connections at the electrolyser cells and at the generator terminals shall be constructed as to preclude the possibility of wrong connections leading to the reversal of polarity .

(8) Oxygen and hydrogen gas pipes shall be painted with distinguishing colours and in the event of leakage at the joints of the hydrogen gas pipe , the pipe after reconnection shall be purged of all air before drawing in hydrogen gas .

(9 ) All electrical wiring and apparatus in the electrolyser room shall be of flame -proof construction or enclosed in flame - proof fitting and no naked light or flame shall be taken either in the electrolyser room or where compression and filling of the gases is carried on and such warning notices shall be exhibited in prominent places .

(10) No part of the electrolyser plant and the gas holders and compressor shall be subjected to welding , brazing , soldering or cutting until steps have been taken to remove any explosive substance from that part and render the part safe for such operations and after the completion of such operations no explosive substance shall be allowed to enter that part until the metal has cooled sufficient to prevent risk of explosion .

(11) No work of operation , repair or maintenance shall be undertaken except under the direct supervision of a person who , by his training , experience and 276(113)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

knowledge of the necessary precautions against risk of explosion is competent to supervise such work.

12. Medical Examination ( 1 ) Every worker employed in the process of compression of Oxygen and Hydrogen produced by the electrolysis water shall be examined by a medical officer. He shall issue fitness on form 28.

(2) 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 on form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person in unfit for work in the said process . 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 that case the person affected shall be suitably rehabilitated.

(3) 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 those processes .

(4) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

Schedule XIV

Cleaning or smoothening , roughening , etc. , of articles by a jet of sand , metal short , or grit or other abrasive propelled by a blast of compressed air or steam .

Blasting Regulations

1. Definitions . - For the purposes of this Schedule : -

"Blasting " means cleaning , smoothening , roughening , or removing of any part of the surface of any article by the use as an abrasive of a jet of sand , metal shot or grit or other material , propelled by a blast of compressed air or steam .

"Blasting enclosure " means a chamber , barrel, cabinet or any other enclosure designed for the performance of blasting therein ;

"Blasting chamber " means a blasting enclosure in which any person may enter at anytime in connection with any work or otherwise ;

"Cleaning of castings " where done as an incidental or supplemental process in connection with the making of metal castings means the freeing of the casting मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(114)

from adherent sand or other substance and includes the removal of cores and the general smoothing of a casting , but does not include the free treatment .

2. Prohibition of Sand Blasting . - Sand or any other substance containing free silica shall not be introduced as an abrasive into any business apparatus and shall not be used for blasting :

Provided that this clause shall come into force two years after the coming into operation of the Schedule :

Provided further that no woman or adolescent shall be employed or permitted to work at any operation of sand blasting .

3. Precautions in connection with Blasting Operations . ( 1 ) Blasting to be done in blasting enclosure . Blasting shall not be done except in a blasting enclosure and no work other than blasting any work immediately incidental thereto and clearing and repairing of the enclosure including the plants and appliances situated therein , shall be performed in a blasting enclosure . Every door, aperture and joint of blasting enclosure , shall be kept closed and air tight while blasting is being done therein .

(2) Maintenance of blasting enclosure . Blasting enclosure shall always be maintained in good condition and effective measures shall be taken to prevent dust escaping from such enclosure , and from apparatus connected therewith , into air of any room .

(3) Provision of separating apparatus . There shall be provided and maintained for and in connection with every blasting enclosure , efficient apparatus for separating, so far as practicable abrasive which has been used for blasting and which is to be used again as an abrasive from dust or particles of other materials arising from blasting ; and no such abrasive shall be introduced into any blasting apparatus and used for blasting until it has been so separated :

Provided that this clause shall not apply , except in the case of blasting chambers , to blasting enclosures constructed or installed before the coming into force of this Schedule , if the Chief Inspector cum facilitator is of opinion that it is not reasonable practicable to provided such separating apparatus .

(4) Provision of ventilating plant. There shall be provided and maintained in connection with every blasting enclosure efficient ventilating plant to extract by exhaust drought effected by mechanical means , dust produced in the enclosure. The dust extracted and removed shall be disposed of by such method and in such manner that it shall not escape into the air of any room; and every other filtering or settling device situated in a room in which persons are employed, other than persons attending to such bag or other filtering or settling device , 276( 115)

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shall be completely separated from the general air of that room in an enclosure ventilated to the open air .

(5) Operation of ventilating plant . The ventilating plant provided for the purpose of sub - paragraph (4 ) shall be kept in continuous operation whenever the blasting enclosure is not in use whether nor not blasting is actually taking place therein, and in the case of blasting chamber , it shall be in operation even when any person is inside the chamber for the purpose of cleaning.

4. Inspection and Examination . (1 ) Every blasting enclosure shall be specially inspected by a competent person at least once in every week in which it is used for blasting . Every blasting enclosure , the apparatus connected therewith and the ventilating plant , shall be thoroughly examined and in the case of ventilating plant, tested by a competent person at least once in every month.

(2) Particulars of the result of every such inspection, examination and test shall forthwith be entered in a register , which shall be kept in a form approved by the Chief Inspector and shall be available for inspection by any workman employed in or in connection with blasting in the factory. Any defect found on any such inspection, examination or test shall be immediately reported by the person carrying out the inspection , examination or test to the Occupier , Manager or other appropriate person and without prejudice to the foregoing requirements of this Schedule , shall be removed without avoidable delay .

5. Provision of protective helmets , gauntlets and overalls . - ( 1 ) There shall be provided and maintained for the use of all persons who are employed in a blasting chamber , whether in blasting or in any work connected therewith or in cleaning such a chamber , protective helmets of a type approved by a certificate of the Chief Inspector cum Facilitator and every such person shall wear the helmet provided for this use whilst he is in the chamber and shall not remove it until he is outside the chamber.

(2) Each protective helmet shall carry a distinguishing mark indicating the person by whom it is intended to be used and no person shall be allowed or required to wear a helmet not carrying his mark or a helmet which has been worn by another person and has not since been thoroughly disinfected .

(3) Each protective helmet when in use shall be supplied with clean and not unreasonably cold air at a rate of not less than six cubic feet per minute .

(4) Suitable gauntlets and overalls shall be provided for the use of all persons while performing blasting or assisting at blasting, and every such person shall while so engaged wear the gauntlet and overall provided.

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276(116)

6. Precautions in connection with cleaning and other work . - ( 1 ) Where any person is engaged upon cleaning of any blasting apparatus or blasting enclosure or of any apparatus or ventilating plant connected therewith or the surroundings thereof or upon any other work in connection with any blasting apparatus or blasting enclosure or with any apparatus or ventilating plant connected therewith so that he is exposed to . the risk. of inhaling dust which has arisen from blasting. All practicable measures shall be taken to prevent such inhalation.

(2) In connection with any cleaning operation referred to in clause 5, and with the removal of dust from filtering or settling devices all practicable measures shall be taken to dispose of the dust in such a manner that it does not enter the air of any room. Vacuum cleaners shall be provided and used where practicable for such cleaning operations .

7. Storage accommodation for protective wear . Adequate and suitable storage accommodation for the helmets , gauntlets and overalls required to be provided by clause 5 shall be provided outside and conveniently near to every blasting enclosure and such accommodation shall be kept clean. Helmets , gauntlets and overalls when not in a actual use shall be kept in this accommodation.

8. Maintenance and cleaning of protective wear . All helmets , gauntlets , overalls and other protective devices or clothings provided and worn for the -purposes of this Schedule , shall be kept in good condition and so far as is reasonably practicable shall be cleaned on every week day in which they are used, Where dust arising from the cleaning of such protective clothing or devices is likely to be inhaled ; all practicable measures shall be taken to prevent such inhalation . Vacuum cleaners shall wherever practicable , be used for removing dust from such clothing and compressed air shall not be used for removing dust from any clothing .

9. Maintenance of vacuum cleaning plant . - Vacuum cleaning plant used for the purpose of this Schedule shall be properly maintained.

10. Restrictions in employment of adolescents . - ( 1 ) No person under 18 years of age shall be employed in blasting or assisting at blasting or in any blasting chamber or in the cleaning of any blasting apparatus or any blasting enclosure or any apparatus or ventilating plant connected therewith or be employed on maintenance or repair work at such apparatus , enclosure or plant .

(2) No person under 18 years of age shall be employed to work regularly within 8 meters of any blasting enclosure unless the enclosure is in a room and he is 276(117)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

outside that room where he is effectively separated from any dust coming from the enclosure .

11. Power to exempt or relax . - ( 1 ) If the Chief Inspector cum facilitator is satisfied that in any factory or any class of factory, the use of sand or other substance containing free silica as an abrasive in blasting in necessary for a particular manufacture or process (other than the process incidental or supplemental to making of metal castings ) and that the manufacture or process cannot be carried on without the use of such abrasive or , that owing to the special conditions , or special method of work or otherwise any requirement of this schedule can be suspended either temporarily or permanently or can be related without endangering the health of the persons employed or that application of any of such requirements is for any reason impracticable or inappropriate , he may , with the previous sanction of the State Government , by an order in writing exempt the said factory or class of factory from such provisions of this Schedule , to such an extent and subject to such conditions and for such period as may be specified in the said order .

(2) Where an exemption has been granted under sub- clause ( 1 ) , a copy of the order shall be displayed at a notice board at a prominent place at the main entrance or entrances to the factory and also at the place where the blasting is earried on .

12. Medical facilities and Examination ( 1 ) The occupier of every factory to which schedule applies , shall-

(a) make arrangements of a qualified medical practitioner for medical surveillance of the workers employed therein ; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a).

(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained which shall be kept readily available for inspection by the Inspector .

(3) Every worker employed in the process of cleaning or smoothening, roughening , etc. , of articles by a jet of sand , metal short, or grit , or other abrasive propelled by a blast of compressed air or steam shall be examined by a medical officer . He shall issue fitness on form 28.

(4) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in these 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 on form 29. The entry of मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(118)

his findings in those documents shall also include the period for which he considers that the said person is unfit for work in the said process . 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 that case the person affected shall be suitably rehabilitated.

(5) 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 those processes .

(6) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

Schedule 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

1. Application . This schedule shall apply to all factories or parts of factories in which any of the following processes in carried on : -

(a) breaking, crushing, disintegrating, opening , grinding, mixing or seiving of asbestos and any other processes involving handling and manipulation of asbestos incidental thereto ;

(b) all processes in the manufacture of asbestos textiles including preparatory and finishing processes ;

(c) making of insulation slabs or sections , composed wholly or partly of asbestos , and processes incidental thereto ;

(d) making or repairing of insulating mattresses composed wholly or partly of asbestos , and processes incidental thereto;

(e) manufacture of asbestos cardboard and paper ;

(f) manufacture of asbestos cement goods ;

(g) application of asbestos by sprays methods ;

(h) sawing, grinding , turning , abrading and polishing in dry state of articles composed wholly or partly of asbestos;

(i) cleaning of any room vessel , chamber , fixture of appliance for the collection of asbestos dust ; and

(j ) any other processes in which asbestos dust is given off into the work environment.

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2. Definitions . - For the purpose of this schedule-

(a) "asbestos " means any fibrous silicate mineral and any admixture containing actionlite , amosite anthophylite , chrysolite crocidolite , tremolite or any mixture thereof, whether crude , crushed or opened;

(b) "asbestos textiles " means yarn or cloth composed of asbestos or asbestos mixed with any other material ;

(c) "approved" means approved for the time being in writing by the Chief Inspector;

(d) " breathing apparatus " means a helmet or face piece with necessary connection by means of which a person using it breathes air free from dust or any other approved apparatus;

(e) " efficient exhaust draught " means localised ventilation by mechanical means for the removal of dust so as to prevent dust from escaping into air of any place in which work is carried on, draught shall be deemed to be efficient which fails to control dust produced at the point where such dust originates ;

(f) "preparing " means crushing , disintegrating , and any other processes in or incidental to the opening of asbestos ;

(g) "protective clothing " means overalls and head covering , which ( in either case) will when exclude asbestos dust .

3. Tools and Equipment . Any tools or equipment used in processes to which this schedule applied shall be such that they do not create asbestos dust above the permissible limit or are equipped with efficient exhaust draught .

4. Exhaust draught. ( 1 ) An efficient exhaust draught shall be provided and maintained to control dust from the following processes and machines : -

(a) manufacture and conveying machinery namely : -

(i ) preparing grinding or dry mixing machines ;

(ii ) carding, card waste and ring spinning machines , and looms ;

(iii ) machines or other plant fed with asbestos ; and

(iv) machines used for the sawing , grinding , turning , drilling , abrading or polishing; in the dry state of articles composed wholly or partly of asbestos ;

(b) cleaning, and grinding of the cylinders or other parts of a carding machines ;

(c) chambers , hoppers or other structures into which loose asbestos is delivered orpasses;

(d) work-benches for asbestos waste sorting or for other manipulation of asbestos by hand;

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276( 120)

(e) workplaces at which filling or emptying of sacks , skips or other portable containers , weighing or other process incidental thereto which is effected by hand, is carried on ;

(f) sack cleaning machines ;

(g) mixing and blending of asbestos by hand: and

(h) any other process in which dust is given off into the work environment .

(2) Exhaust ventilation equipment provided in accordance with sub - paragraph (1 ) shall , while any work of maintenance or repair to the machinery , apparatus or other plant or equipment in connection with which it is provided is being carried on, be kept in use so as to produce an exhaust draught which prevents the entry of asbestos dust into the air of any work place.

(3) Arrangements shall be made to prevent asbestos dust discharged from exhaust apparatus being drawn into the air of any workroom.

(4) The asbestos bearing dust removed from any workroom by the exhaust system shall be collected in suitable receptacles or filter bag as which shall be isolated from all work areas .

5. Testing and examination of ventilating systems . ( 1 ) All ventilating systems used for the purpose of extracting or suppressing dust as required by this schedule shall be examined and inspected once in every week by a responsible person . It shall be thoroughly examined and tested by a competent person once in every period of 12 months . Any defects found by such examinations or test shall be rectified forthwith .

(2) A register containing particulars of such examination and tests and the state ofthe plant and the repairs or alternations ( if any ) found to be necessary shall be kept and shall be available for inspection by an Inspector cum facilitator.

6. Segregation in case of certain process . Mixing of blending by the hand of asbestos , or making or repairing of insulating mattresses composed wholly or partly of asbestos shall not be carried on in any room in which any other work is done.

7. Storage and distribution of loose asbestos . ( 1 ) All loose asbestos shall while not in use, be kept in suitable closed receptacles which prevent the escape of asbestos dust there from such asbestos shall not be distributed within a factory except in such receptacles or in a totally enclosed system of conveyance.

8. Asbestos sacks . - ( 1 ) All sack used as receptacle for the purpose of transport of asbestos within the factory shall be constructed of impermeable materials and shall be kept in good repair.

276( 121 )

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4

(2) A sack which has contained asbestos shall not be cleaned by hand beating but by a machine , complying with paragraph 3 .

9. Maintenance of floors and workplaces . - ( 1 ) In every room in which any of the requirements of this schedule apply-

(a) the floors , work - benches , machinery and plant shall be kept in a clean state and - free from asbestos debris and suitable arrangements shall be made for the storage of asbestos not immediately required for use ; and

(b) the floors shall be kept free from any materials , plant or other articles not immediately required for the work carried on in the room , which would obstruct the proper cleaning of the floor.

(2) The cleaning as mentioned in sub - rule ( 1 ) shall so far as is practicable , as carried out by means of vacuum cleaning equipment so designed and constructed and so used that asbestos dust neither escape nor is discharged into the air of any workplace .

(3) When the clearing is done by any method other than that mentioned in sub- paragraph (2 ) , the persons doing cleaning work and any other person employed in that room shall be provided with respiratory protective equipment and protective clothing.

(4) The vacuum cleaning equipment used in accordance with provisions of sub- paragraph (2 ) shall be properly maintained and after each cleaning operation , its surfaces kept in a clean state and free from asbestos waste and dust.

(5) Asbestos waste shall not be permitted to remain on the floors or other surfaces at the work place at the end of the working shift and shall be transferred without delay to suitable receptacles . Any spillage of asbestos waste occurring during the course of the work at any time shall be removed and transferred to the receptacles maintained for the purpose without delay .

10. Breathing apparatus and protective Clothing . ( 1 ) An approved breathing apparatus and protective clothing shall be provided and maintained in good conditions for use for every person employed-

(a) in chambers containing loose , asbestos ;

(b) in cleaning, dust settling or filtering chambers or apparatus ;

(c) in cleaning the cylinders , including the doffer cylinders , or other parts of a carding machine by means of hand - strickers ; and

(d) in filling, beating or leveling in the manufacture or repair of insulating mattresses; and मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(122)

(e) in any other operation of circumstances in which it is impracticable to adopt technical means to control asbestos dust in the work environment within the permissible limit .

(2) Suitable accommodation in conveniently accessible position shall be provided for the use of persons when putting on or taking off breathing apparatus and protective clothing provided in accordance with this rule and for the storage of such apparatus and clothing when not in use .

(3) All breathing apparatus and protective clothing when not in use shall be stored in the accommodation provided in accordance with sub - rule (2 ) above .

(4) All protective clothing in use shall be deducted under an efficient exhaust draught or by vacuum cleaning and shall be washed at suitable intervals . The cleaning schedule and procedure should be such as to ensure the efficiency in protecting the weaver.

(5) All breathing apparatus shall be cleaned and disinfected at suitable intervals and thoroughly inspected once every month by a responsible person .

(6) A record of the cleaning and maintenance and of the condition of the breathing apparatus shall be maintained in a register provided for that purpose which shall be readily available for inspection by an Inspector.

(7) No person shall be employed to perform any work specified in sub- paragraph ( 1 ) for which breathing apparatus is necessary to be provided under that-sub -paragraph unless he has been fully instructed in the proper use of that equipment.

(8) So breathing apparatus provided in persuance of sub- paragraph ( 1 ) which has been worn by a person shall be worn by another person unless it has been thoroughly cleaned and disinfected since last being worn and the person has been fully instructed in the proper use of that equipment .

11. Separate accommodation for personal clothing . A separate accommodation shall be provided in a conveniently accessible position for all persons employed in operations to which this schedule applied for storing of personal clothing . This should be separated from the accommodation provided under sub -paragraph (2 ) to prevent contamination of personal clothing.

12. Washing and bathing facilities . ( 1 ) There shall be provided and maintained in a clean stage and in good repair for the use of all workers employed in the processes covered by the schedule , adequate washing and bathing places having a constant supply of water under cover at the rate of one such place for every 15 persons employed .

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(2) The washing places shall have standpipes placed at intervals of not less than one meter .

(3) Not less than one half of the total number of washing places shall be provided with bathroom .

(4) Sufficient supply of clean towels made of suitable material shall be provided:

Provided that such towels shall be supplied individually for each worker if so order by the Inspector cum facilitator .

(5) Sufficient supply of soap and nail brushes shall be provided .

13. Mess - room . ( 1 ) There shall be provided and maintained for the use of all workers employed in the factory covered by this schedule , remaining on the premises during the rest intervals , a suitable mess - room which shall be furnished with

(a) sufficient tables and benches with back rest ; and

(b) adequate means for warming food.

(2) The mess - room shall be placed under the charge of a responsible person and shall be kept clean.

No adolescent shall be 14. Prohibition of employment of adolescents . employed in any of the process covered by this schedule.

15. Prohibition relating to smoking . No person shall smoke in any area where processes covered by this schedule are carried on . A notice in the language understood by majority of the workers shall be posted in the plant prohibiting smoking at such areas .

16. Cautionary Notices . ( 1 ) Cautionary notices shall be displayed at the approaches and along the perimeter of every asbestos processing area to warn all persons regarding-

(a) hazards to health from asbestos dust ;

(b) need to use appropriate protective equipment;

(c) prohibition of entry to unauthorised person , or authorised persons but without protective equipment.

(2) Such notices shall be in the language understood by the majority of the workers.

17. Air Monitoring . To ensure the effectiveness of the control measures , monitoring of asbestos fibre in air shall be carried out once at least in every shift and the record of the results so obtained shall be entered in a register specially maintained for the purpose .

( 1 ) The occupier of every factory 18. Medical facilities and examination.

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276(124)

orpart of the factory to which the schedule applies shall-

(a) make arrangements of a qualified medical practitioner for medical surveillance of the workers employed therein ; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a).

(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained and kept readily available for inspection by the Inspector cum facilitate to .

(3)Every worker employed in the processes specified in paragraph 1 shall be examined by a Certifying Surgeon within 15 days of his first employment . Such examination shall include pulmonary function tests , tests for detecting asbestos fibres in sputum and chest X- ray . No worker shall be allowed to work after 15 days of his first employment in the factory unless certified fit for such employment by the Certifying Surgeon .

(4) Every worker employed in the process of this shedule shall be examined by a medical officer . He shall issue fitness on form 28 .

(5) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in these 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 on form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person is unfit for work in the said process . 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 that case the person affected shall be suitably rehabilitated .

(6) 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 those processes .

(7) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

20. Exemptions . If in respect of any factory the Chief Inspector is satisfied that owing to the exceptional circumstances or infrequency of the processes or for any other reason , all or any of the provisions of this schedule is not necessary for protection of the workers in the factory, the Chief Inspector may 276 ( 125)

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by a certificate in writing, which he may at his discretion revoke at any time , exempt such factory from all or any of such provisions subject to such conditions , if any as he may specify therein .

Schedule XVI

Handing and manipulation of Corrosive substances

1. Definitions . - For the purpose of this Schedule-

(a) " Corrosive operation " means an operation of manufacturing, storing handing , processing , packing , or using any corrosive substance in a factory (b) "Corrosive substance " includes sulphuric acid , nitric acid hydrochloric acid, hydrofluoric acid , carbolic acid , phosphoric acid, liquid chlorine , liquid bromine , ammonia, sodium hydroxide and potassium hydroxide and a mixture thereof and any other substance which the State Government by notification in the official Gazette specify to be a corrosive substance .

2. Flooring . The floor of every work- room of a factory in which corrosive operation iscarried on shall be made of impervious , corrosion and fire resistant material and shall be so constructed as to prevent collection of any corrosive substance . The surface of such flooring shall be smooth and cleaned as to often as necessary and maintained in sound condition.

3. Protective equipment . ( a ) The Occupier shall provide for the use of all persons employed in any corrosive operation suitable protective wear for hands and feet , suitable aprons , face shields , chemical safety goggles , and respirators . The equipments shall be maintained in good order and shall be kept in clean and hygienic condition by suitable treating to get rid of the ill effects of any absorbed chemicals and by disinfecting . The Occupier shall also provide suitable protective creams and other preparations wherever necessary.

(b) The protective equipment and preparations provided shall be used by the person employed in any corrosive operation .

4. Water facilities . - Where any corrosive operation is carried on , there shall be provided as the close to the place of such operation as possible, a source of clean water at a height of 2.1 meters . from a pipe of 1.25 cm . diameter and fitted with a quick acting valve so that in case of injury to the worker by any corrosive substance, the injured part can be thoroughly flooded with water , Wherever necessary, in order to ensure continuous water supply , a storage tank having a minimum length , breadth and height of 210 cm. , 120 cm . and 60 cm . respectively or such dimensions as are approved by the Chief Inspector of Factories , shall be provided as the source of clean water .

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276(126)

5. Cautionary Notice . - A cautionary notice in the following form and printed in the language which majority of the workers employed understand, shall be displayed prominently close to the place where any of the operations mentioned in paragraph 2 above is carried out and where it can be easily and conveniently read by the workers . If any worker is illiterate effective steps shall be taken to explain carefully to him the contents of the notice so displayed .

Cautionary Notice

Danger

Corrosive substances cause severe burns and vapors thereof may be extremely , hazardous . In case of contact , immediately flood the part effected with plenty of water for at least 15 minutes . Get medical attention quickly.

6. Transport . ( a) Corrosive substances shall not be filled moved, or carried except in containers and when they are to be transported, they shall be included in crates of sound construction and sufficient strength .

(b) A container with a capacity of ( 11.5 litres ) (2½ gallons ) or more of a corrosive substances shall be placed in a receptacles or crate and then carried by more than one person , at a height below the waist line unless a suitable rubber wheeled truck is used for the purpose .

(c). Containers for corrosive substances shall be plainly labeled .

7. Devices for handling Corrosives . - (a) Suitable tiling or lifting device shall be used for emptying jars , carboys and other containers of corrosives .

(b) Corrosive substance shall not be handled by hands but by means of a suitable scoop or other devices .

8. Opening valves . - Valves fitted to containers holding a corrosive substance shall be opened with great care . If theydo not work freely , they shall not be forced open . They shall be opened by a worker suitably trained for the purpose .

9. Cleaning tanks , stills , etc. ( a) In cleaning out or removing residues from stills or other large chamber used for holding any corrosive substance , suitable implements , made of wood or other material shall be used to prevent production of arseniuretted hydrogen ( Arsine) .

(b) Whenever it is necessary for the purpose of cleaning or other maintenance work for any worker to enter chamber tank , vat , pit or other confined space where a corrosive substance had been stored , all possible precautions shall be taken to ensure the workers ' safety.

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(c) Wherever possible , before repairs are undertaken to any part of equipment in which a corrosive substance was handled , such equipment or part thereof shall be freed of any adhering corrosive substance by adopting suitable methods .

10. Storage. (a) Corrosive substances shall not be stored in the same room with other chemicals , such as turpentine , carbides , metallic powders and combustible materials the accidental mixing with which may cause a reaction which is either violent or gives rise to toxic fumes and gases .

(b) Pumping or filling overhead tanks , receptacles , vats or other containers storing corrosive substances shall be so arranged that there is no possibility of any corrosive substance over flowing and causing injury to any person.

(c) Every container having capacity of twenty liters or more and every pipe line , valves and fitting used for storing or carrying corrosive substances shall be thoroughly examined every year for finding out any defects , and defects shall be removed forthwith . A register shall be maintained of every such examination made and shall be produced before the Inspector whenever required.

11. Fire extinguishers and fire fighting equipment . An adequate number of suitable type of fire extinguishers or other fire fighting equipment , depending on the nature of chemicals stored , shall be provided . Such extinguishers or other equipment shall be regularly tested and refilled . Clear instructions as to how the extinguishers or other equipment should be used printed in the language which majority of the workers employed understand , shall be affixed near each extinguisher or other equipment .

12. Medical Examination- ( 1 ) Every worker employed in the process of this schedule shall be examined by a medical officer . He shall issue fitness on form 28.

(2) 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 on form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person in unfit for work in the said process . 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 that case the person affected shall be suitably rehabilitated.

(3) 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 मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(128)

Medical officer, after further examination , again certifies him fit for employment in those processes .

(4) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

13. Exemption . If in respect of any factory on an application made by the manager , the Chief Inspector cum facilitator , is satisfied that owing to the exceptional circumstances , or the in frequency of the process or for any other reason to be recorded by him in writing , all or any of the provisions of this Schedule are not necessary for the protection of the persons employed therein, he may by a certificate in writing , which he may at any time revoke , exempt the factory from such of the provisions and subject to such conditions as he may specify therein.

Schedule XVII

Manipulation of Stone or Any Other Material Containing Free Silica causing notified disease such as Silicosis

1. Application . This schedule shall apply to all factories or parts of Factories in which manipulation of stone or any other material containing free silica is carried on .

2. Definitions . -.For the purpose of this Schedule..

(a) "manipulation " means crushing breaking , chip - ping , dressing, grinding , sieving , mixing, grinding or handling of stone or any other material containing free silica or any other operation involving such stone or material ;

(b) " stone or any other material containing free silica " means a stone or any othersolid material containing not less than 5 % by weight of free silica.

3. Precautions in manipulation . No manipulation shall be carried out in a factory or part of a factory unless one or more of the following measures , namely:-

(a) dampening the stone or other material being processed,

(b) providing water spray,

(c) enclosing the process ,

(d) isolating the process , and

(e) providing localised exhaust ventilation :

Provided that such measures as above said are not necessary if the process operation itself is such that the level of dust created and prevailing does not exceed the permissible level referred to .

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4. Maintenance of floors . ( 1 ) All floors or places fine dust is likely to settle on and whereon any person has to work or pass shall be of impervious material and maintained in such condition that they can be thoroughly cleaned by a moist method or any other method which would prevent dust being airborne in the process of cleaning.

(2) The surface of every floor of every workroom or place where any work is... carried on or where any person has to pass during the course of his work, shall be deemed of dust once at least during each shift after being sprayed with water or by any other suitable method so as to prevent dust being airborne on the process of cleaning .

5. Prohibition relating adolescents . No adolescent shall be employed or permitted to work in any of the operations involving manipulation or at any place where such operations are carried out .

( 1 ) The occupier of every factory to 6. Medical facilities and Examination .

which the schedule applies , shall-

(a) make arrangements of a qualified medical practitioner for medical surveillance of the workers employed therein ; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause( a) .

(2) The record of medical examination and appropriate tests carried out by the said medical officer shall be maintained which shall be kept readily available for inspection by the Inspector cum facilitator .

(3 ) Every worker employed in the processes specified in paragraph 1 shall be examined by medical officer within 15 days of his first employment . Such medical examination shall include pulmonary function tests and chestX- ray. No worker shall be allowed to work after 15days of his first employment unless he is certified fit for such employment by the medical officer .

Provided that test of spirometry shall be carried out after every twelve months and chest X- ray shall be done after every twenty four months till worker attains age of thirty years thereafter chest X- ray shall be done after every twelve months . Provided further that if it appears to the medical inspector cum facilitator or medical officer that spirometry and chest x- ray is to be repeated and additional test and examination is required to be done ; he may recommend accordingly and the occupies shall ensure arrangement for such tests . Radiological examinations shall be evaluated as per the prevailing guideline of International Labour Organisation .

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276 ( 130)

(4) Every worker employed in the process of this schedule shall be examined by a medical officer . He shall issue fitness on form 28 .

(5) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in the 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 on form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person is unfit for work in the said process . 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 that case the person affected shall be suitably rehabilitated .

(6) 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 those processes .

(7) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator.

8. Exemption . If in respect of any factory the Chief Inspector is satisfied that owing to the except.exceptional circumstances or in frequency of the processes... or for any other reason , all or any of the provisions of this schedule is not necessary for protection of the workers in the factory, the Chief Inspector may by a certificate in writing , which he may in his discretion revoke at any time , exempt such factory from all or any of such provisions subject to such conditions , if any he may specify therein.

Schedule XVIII

Solvent extraction Plants

Process of Extracting Oils and Fats from vegetable and animal sources in Solvent Extraction Plants

1. Definitions . In this schedule unless the context otherwise requires : -

(a) "Solvent Extraction Plant " means a plant in which the process of extracting oils and fats from vegetable and animal sources by use of solvents is carried on ;

(b) "Solvent " means an inflammable liquid such as pentane hexane and heptane used for the extraction of vegetable oils ;

(c) "Flame roof" enclosure as applied to electrical machinery or apparatus means an enclosure that will withstand , when covers or other access doors are properly secured , an internal explosion of the flammable gas or vapour which 276(131)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

may enter , or which maybe originally inside the enclosure without suffering damage and without communicating internal inflammation for explosion to the external flammable gas or vapour ;

(d) " Competent Person " for the purpose of this schedule shall be at least Member of the Institution of Engineers (India) or an Associate Member of the said instruction with10- years experience in a responsible position as may be. approved by the Chief Inspector cum Facilitator :

Provided that a graduate in Mechanical Engineering or Chemical Technology with specialized knowledge of oils and fats and with a minimum experience of 5 years in a solvent extraction plant shall also be considered to be competent person :

Provided further that the Chief Inspector may accept any other person having suitable qualification and experience as a competent person for purposes ofthis Schedule .

2. Location and Lay - out. - (a) No solvent extraction plant shall be constructed or extended to within a distance of 30 meters from the nearest residential locality.

(b) A 1.5 metre high continuing fencing shall be provided around the solvent extraction plant up to minimum distance of 15 meters from the plant .

(c) No person shall be allowed to carry any matches or an open flame or fire inside the area bound by the fencing .

(d) Boiler house and other building where open flame process are carried on shall be located at least 30 meters away from the solvent extraction plant .

(e) If godowns and preparatory processes are at less than 30 metres distance from the solvent extraction plant , there shall be atleast 15 metres distance from the plant , and a continuous barrier wall of non - combustible material 1.5 metres high from the solvent extraction plant so that it extends to at least 30 meters of vapour travel around its ends from the Plant to the possible sources of ignition.

3. Electrical Installation . (a) All electrical motors and wiring and other electrical equipment installed or housed in Solvent Extraction Plant shall be of flame proof construction .

(b) All metal parts of the plant and building including various tanks and containers where solvents are stored or are present and all parts of electrical equipment not required to be energised shall be properly bounded together and connected to the earth so as to avoid accidental rise on the electrical potential of such part above the carth potential .

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276( 132)

4. Restriction on Smoking . Smoking shall be strictly prohibited within 15 metres distance from Solvent Extraction Plant . For this purpose 'No Smoking ' signs shall be permanently displayed in the areas .

5. Precaution against friction . - (a) All tolls and equipments including ladders , chains , and other lifting tackle required to be used in Solvent Extraction Plant shall be of non sparking type .

(b) No machinery or equipment in Solvent Extraction Plant shall be belt driven unless the belt is made of conductive material .

(c) No person shall be allowed to enter in the Solvent Extraction Plant if wearing clothes made of Nylon or such other Fibre that can generate static electrical charge , or wearing foot wear which is likely to cause sparks by friction.

6. Fire - fighting apparatus . - ( a ) Adequate number of portable fire extinguisher suitable for use against flammable liquid fire shall be provided in the Solvent Extraction Plant .

(b) An automatic water sprinker system overhead deluge system with sufficient supply of storage water shall be provided over Solvent Extraction Plant and throughout the building housing such plant .

7. Precaution against power failure . ( a ) Provision shall be made for the automatic cutting off of steam in the event of power failure and also .

(b) For emergency over head water supply for feeding water by gravity to condensers which shall come into play automatically with the power failure .

8. Magnetic Separators . The material under extraction shall be fed to the extractor by a conveyer through a hopper and a magnetic separator shall be provided to remove any piece of iron during its transfer .

9. Venting . ( a) Tanks containing solvents shall be protected with emergency venting to relieve excessive internal pressure in the event of fire .

(b) All emergency relief vents shall be terminated at least 6 metres above the ground and be so located that vapours will not re - enter the building in which solvent extraction plant is located .

10. Waste water . Process waste water shall be passed through a flash evaporator to remove any solvent before it is discharged into a sump which should be located within the fenced area, but not closer than 8 m . to the fence . 11. Ventilation . The Solvent Extraction Plant shall be well ventilated and if the Plant is housed in a building the building shall be provided with mechanical ventilation with provision for at least six air changes per hour.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(133) 12. House keeping . - ( a) Solvent shall be stored in an area covered by Solvent Extraction Plant except in small quantity which shall be stored in approved safety cans .

(b) Waste materials such as oily - rage , other waste and absorbents used to wipe off solvent and paints and oils shall be deposited in approved containers and removed from the premises at least once a day.

(c) Space within the Solvent Extraction Plant and within 15 metres from the Plant shall be kept free from any combustible materials and any spills of oil or solvent , shall be cleared up immediately .

13. Examination and Repairs . ( a) The Solvent Extraction Plant shall be examined by the competent person to determine any weakness or corrosion and wear, once in every 12 months . Report of such examinations shall be supplied to the Inspector with his observations as to whether or not the Plant is in safe condition to work .

(b) No repairs shall be carried out to the Machinery or Plant except under the direct supervision of the competent person .

(c) Facility shall be provided for purging the plant with inert gas or steam before opening for cleaning or repairs and before introducing solvent after repairs .

14. Operating personnel . The operation of the plant and machinery in the Solvent Extraction Plant shall be in the charge of such duty qualified and trained persons as are certified by the competent persons to be fit for the purpose and no other person shall be allowed to operate the plant Machinery .

15. Employment of woman and adolescents . - No woman or adolescents shall be employed in the solvent extraction plant .

16. Vapour Detection . A suitable type of the flame proof and portable combustible gas indicator shall be provided and maintained in good working order and a schedule of routine sampling of atmosphere at various locations as approved by the Chief Inspector cum Facilitator shall be drawn out and entered in a register maintained for the purpose .

17. Log Book . A log book of plant operation shall be maintained in a proforma approved by the Inspector cum facilitator ,

18. Medical Examination- ( 1 ) Every worker employed in the process of this schedule shall be examined by a medical officer . He shall issue fitness on form 28.

(2) 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 मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

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of his findings in the said certificate and the health register on form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person is unfit for work in the said process . 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 that case the person affected shall be suitably rehabilitated.

(3) 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 those processes .

(4) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

Schedule XIX

Carbon Disulphide Plants

1. Application . This Schedule shall apply to all electric furnaces in which carbon-disulphide is generated and all other Plants where carbon disulphide after generation is condensed, refined and stored . These Rules are in addition to and not in derogation of any of the provisions of the Act and Rules made thereunder .

2. Construction , Installation and Operations . (a) The buildings in which electric furnaces are installed and carbon disulphide after generation is condensed and refined shall be segregated from other parts of the factory and shall be open type to ensure optimum ventilation and the plant layout shall be such that only a minimum number of workers are exposed to the risk of any fire or explosion at any one time .

(b) Every electric furnace and every Plant in which carbon disulphide is condensed, refined and stored with all their fittings and attachments shall be of good construction , sound material and of adequate strength maintained in good order to sustain the internal pressure to which the furnace or the plant may be subjected and shall be so designed that carbon disulphide liquid and gas are in closed system during their normal working.

(c) The Electric furnace supports shall be firmly grounded about 60 centemeter in concrete or by other effective means .

(d) Every electric furnace shall be installed and operated according to manufacturer's instructions and these instructions shall be clearly imparted to the personnel incharge of construction and operation .

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(e) The instructions regarding observations of correct furnace temperature sulphur doze , admissible current/power consumption and periodical checking of charcoal level shall be strictly complied with . These instructions shall be exhibited at conspicuous place near the furnace .

3. Electrodes . ( a) Where upper ring electrode (s ) or straight electrodes made of steel are used in the electric furnace, they shall be of steamless tube constructed and shall have arrangement for being connected to cooling water system through a siphon- built in the electrodes or through positive pressure water pump.

(b) The arrangement for cooling water referred to in clause (a) shall be connected with automatic alarm system which shall actuated in the event of interruption of cooling water in the electrodes and given visible and audible alarm signals in the control room and simultaneously stop power supply for the furnace operation and to stop the further supply of water. The alarm system and the actuating device shall be checked every day .

4. Rapture Discs and Safety Seal . (a) At least two rapture discs of adequate size which shall blow off at a pressure twice the maximum operating pressure shall be provided on each furnace and shall either be mounted directly on the top of the furnace or each through an independent pipe as close as possible to the furnace .

(b) A safety water shall be provided and tapped from a point between the charcoal separator and the sulphur separator.

5. Pyrometer and Manometers . (a) Each electric furnace shall be fitted with adequate number of pyrometers to give an indication of the temperature as correctly as reasonably practicable at various points in the furnace . The dials for reading the temperature shall be located in this control room.

(b) Manometers or any other suitable devices shall be provided for indicating pressure : -

(i) In the off take pipe before and after the sulphur separator; and

(ii) In primary and secondary condensers .

6. Check Valves . All piping carrying carbon disulphide shall be fitted with check valves at suitable position so as to prevent gas from flowing back into any electric furnace in the event it is shut down .

Inspection and Maintenance of Electric Furnace

7. (a)Every electric furnace shall be inspected internally by a competent person: - (i) before being placed in service after installation ;

(ii) before being placed in service after reconstruction or repairs ; and मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

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(iii ) periodically every time the furnace is opened for cleaning and de - ashing or for replacing electrodes .

(b) when an electric furnace shut down for cleaning and deashing : -

(i) the brick lining shall be checked for continuity and any part found defective be removed .

(ii) after removal of any part of the lining referred to in (a) the condition of the shell be closely inspected; and

(iii) any plates forming shell found corroded to the extent that safety of the furnace is endangered shall be replaced.

8. Maintenance of Records . The following hourly records shall be maintained in a log book :

(i) Manometer reading at the points specified in (5) (b) ( i) and (ii ) .

(ii) Gas temperature indicated by pyrometers and all other vital points near the sulphur separator and primary and second condensers .

(iii) Water temperature and flow of water through the siphon in the electrodes .

(iv) Primary and secondary voltages and energy consumed.

9. Electrical Apparatus - Wiring and Fittings . - All buildings in which carbon disulphide is refined or stored shall be provided with electrical apparatus , wiring and fittings which shall afford adequate protection from fire and explosion .

10. Prohibition relating to Smoking . - No person shall smoke or carry matches fire or naked light of other means of producing a naked light or spark in buildings in which carbon disulphide is refined or stored and a notice in the language understood by a majority of the workers shall be pasted in the Plant prohibiting smoking and carrying of matches , fire or naked light or spark into such rooms .

11. Means of Escape . Adequate means of escape shall be provided and maintained to enable persons to move to a safe place as quickly as possible in case of an emergency . At least two independent staircases of not less than 110 cm. in width and making an angle of not more than 45 from the horizontal shall be provided in every building housing the furnaces at reasonable intervals at opposite ends . These shall always be kept clear of all obstructions and so designed as to afford easy passage .

12. Warning in case of fire . - There shall be adequate arrangements for giving warnings in case of fire or explosion which shall operate on electricity and in case of failure of electricity by some mechanical means .

13. Fire fighting equipments . (a) Adequate number of suitable fire extinguishers or other fire fighting equipment shall be kept in constant readiness 276(137)

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for dealing with risks involved and depending on the amount and nature of material stored .

(b) Clear instructions as to how the extinguishers or other equipment should be used printed in the language which the majority of the workers employed understand shall be affixed to each extinguisher or other equipments .

(c) Adequate number of persons shall be trained in the use of fire fighting equipments.

14. Bulk Sulphur . (a) Open or semi - enclosed spaces for storage of bulk sulphur shall be sited with due regard to the dangers which may arise from sparks given by locomotives etc. and precautions shall be taken to see that flames , smoking and matches , and other sources of ignition do not come in contact with the clouds of dust arising during handing of bulk sulphur .

(b) All enclosures for bulk sulphur shall be of non - combustible construction , adequately ventilated and so designed as to provide a minimum of ledges on which dust may lodge .

(c) The bulk sulphur in the enclosure shall be handled in such manner as to minimize the formation of dust clouds and no flame , smoking and matches or other sources of ignition shall be allowed and non - sparking tools shall be used whenever sulphur is shoveled.

(d) No repairs involving flames , heat or use of hand or power tools shall be made in the enclosure were bulk sulphur is stored .

15. Liquid Sulphur . - Open flames , electric sparks and other sources of ignition including smoking and matches , shall be excluded from the vicinity of molten sulphur.

16. Training and Supervision. (1 ) All electric furnaces and all Plants in which carbon disulphide is condensed , refined or stored shall be under adequate supervision at all times while the furnaces and plants are in operation .

(b) Workers incharge of operation and maintenance of electric furnaces and the plants shall be properly qualified and adequately trained .

17. Washing facilities . The occupier shall provide and maintain in a clean state and in good repair for the use of all persons employed wash place under cover with atleast one tap or stand pipe having a constant supply of clean water for every five such person , the taps or stand - pipes being space not less 120 cm . apart with sufficient supply of soap and clean towels . All the workers employed in the sulphur storage , handling and melting operations shall be provided with nail brush .

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18. Personal Protective Equipment . ( a) Suitable goggled and protective clothing consisting of overalls without pockets , gloves and foot wear shall be provided for the use of operators : -

(i) When operating valves or cooks controlling fluids etc .;

(ii ) Drawing off of melten sulphur from pots ; and

( iii) Handling charcoal or sulphur ..

(b) Suitable respiratory protective equipment shall be provided and stored in the appropriate place for use during abnormal conditions or in an emergency.

(c) Arrangements shall be made for the proper and efficient cleaning of all such protective equipment .

19. Cloak -Rooms . There shall be provided and maintained for the use of all persons employed in the process a suitable cloak - room for clothing put off during work hours and a suitable place separate from the cloak - room of that storage of overalls or working clothes . The accommodation so provided shall be placed in the charge of responsible person and shall be kept clean .

20. Unauthorised Persons . - ( a) Only maintenance and repair personnel , person directly connected with plant operating and those accompanied by authorised person shall be admitted into the plant .

21. Medical Examination- ( 1 ) Every worker employed in the process of this schedule shall be examined by a medical officer . He shall issue fitness on form 28 .

(2) 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 on form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person is unfit for work in the said process . 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 that case the person affected shall be suitably rehabilitated .

(3 ) 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 those processes .

(4) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

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Schedule XX

Manufacture manipulation of " Manganese " and its compound

1. Definitions . - For the purpose of this schedule-

(a) "Manganese Process " means processing manufacture of manipulation of manganese or any compound of manganese or any area of any mixture containing manganese ;

(b) "First employment " means first employment in any manganese process and includes also re - employment in any manganese process following any cessation ofemployment for a continuous period exceeding 3 calendar months ;

(c) "Manipulation " means mixing , blending , filling , emptying , grinding , sewing , drying, packing , sweeping or otherwise handling of manganese of a compound ofmanganese, or an ore of mixture containing manganese ;

(d) " Efficient Exhaust Ventilation " means localized ventilation effected by mechanical means for the removal of dust or fume or mist at its source of origin so as to prevent it from escaping into the atmosphere of any place where any work is carried on. No draught shall be deemed to be efficient which fails to remove the dust or mist at the point where it is generated and fails to prevent it from escaping into and spreading into the atmosphere of a work place.

2. Application . - This Schedule shall apply to every factory in which or in any .....part of which any manganese process is carried on.

3. Exemption . If in respect of any factory , the Chief Inspector cum facilitator is satisfied that owing to any exceptional circumstances , or infrequency of the process or for any other reason application of all or any of the provisions of this schedule is not necessary for the protection of the persons employed in such factory he may , by an order in writing which he may at his discretion revoke, exempt such factory from all or any of the provisions of such conductions and for such period as he may specify in the said order .

4. Isolation of process . Every manganese process which may give rise to dust , vapour or mist containing manganese , shall be carried on in a totally enclosed system or otherwise effectively isolated from other processes so that other plants and process and other parts of the factory and persons employed on other work of process may not be affected by the same.

5. Ventilation of process . No process in which any dust, vapour or mist containing manganese is generated, shall be carried but except under an efficient exhaust ventilation which shall be applied as near to the point of generation as practicable.

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6. Medical Examination- ( 1 ) The occupier of every factory to which this Schedule applies , shall-

(a) make arrangements of a qualified medical practitioner for medical surveillance of the workers employed therein; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a) .

(2) The record of medical examination and appropriate tests carried out by the said medical practitioner shall be maintained in a separate register

which shall be kept readily available for inspection by the Inspector.

(3) Every worker employed in any manganese processes shall be medically examined by a medical officer within 15 days of his first employment . Such examination shall include tests for detection of a serum calcium , serum phosphate and manganese in blood and urine and also include steadiness tests other neuromuscular coordination tests . No worker shall be allowed to work after 15 days of his first employment in the factory unless certified for such employment by the medical officer .

(4) Every worker employed in the processes of this schedule shall be examined by a medical officer . He shall issue fitness on form 28 .

(5) 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 on form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person is unfit for work in the said process . 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 that case the person affected shall be suitably rehabilitated.

(6) 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 those processes .

(7) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

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7. Personal Protective Equipment . ( 1 ) The Occupier and Manager of the Factory shall provide and maintain in good and clean condition suitable overalls and head coverings for all persons employed in any manganese process and such overalls and head coverings shall be worn by the persons while working on a manganese process .

(2) The occupier and Manager of the factory shall provide suitable respiratory protective equipment for use by workers in emergency to prevent inhalation of dust fumes . Sufficient number of complete sets of such equipment shall always be kept near the work place and the same shall be properly maintained and kept always in a condition to be used readily .

(3) The Occupier and Manager shall provide and maintain for the use of all persons employed suitable accommodation for the storage and make adequate arrangements for cleaning and maintenance of personal protective equipment .

8. Prohibition relating to women and adolescents . - No women or adolescent shall be employed or permitted to work in any manganese process .

9. Food, drinks prohibited in the work- rooms . No food, drink, pan and supari or tobacco shall be allowed to be brought into or consumed by any worker in any work- room in which any manganese process carried on.

10. Mess Room . There shall be provided and maintained for the use of the persons employed in a manganese process a suitable mess room which shall be furnished with sufficient tables and benches and adequate means for warming of food . The mess room shall be placed under the charge of a responsible person and shall be kept clean .

11. Washing Facilities . There shall be provided and maintained in a clean state and in good condition , for the use of persons employed in manganese process a wash place under cover, with either : -

(1) A trough with a smooth impervious surface fitted with a waste pipe without plug. The trough shall be of sufficient length to allow at least to 60 centimeters for every ten such persons employed at any one time, and having a constant supply of water from taps or jets above the trough at intervals of not more than 60 centemetres ; or atleast one wash basin for every five such persons at any one time, fitted with a wasted pipe and plug and having a constant supply of water ; and

(2) Sufficient supply of soap or other suitable cleaning material and nail brushes and clean towels .

12. Cloak Room . - If the Chief Inspector so requires there shall be provided and maintained for the use of persons employed in manganese process a cloak - room मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

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for clothing put off during working hours with adequate arrangement for drying the clothing.

13. Cautionary play card and instructions . Cautionary notice in the following form and printed in the language of the majority of the workers employed shall be affixed in prominent places in the factory where they can be easily and conveniently read by the workers and arrangement shall be made by the manager or occupier to instruct periodically all workers employed in a manganese process regarding the health hazards connected with their duties and the best preventive measure and methods and to protect themselves . The notice shall always be maintained in a legible conditions .

Cautionary Notice

Managanese and Manganese compound

1. Dust fumes and mists of Manganese and compounds are toxic when inhaled orwhen injected.

2. Do not consume food or drink near the work place .

3. Take a good wash before taking meals .

4. Keep the working area clean .

5. Use the protective clothing and equipments provided .

6. When required to work in situations where dust, fumes or mists are likely to be inhaled , use respiratory protective equipment provided for the purpose .

7. If you get severe headaches , prolonged sleeplessness or abnormal sensations on the body, report to the Manager who would make arrangements for your examination and treatment .

Schedule XXI

This Schedule shall apply to factories in which Benzene or substances containing Benzene are manufactured , handled or used .

2. Definitions . For the purposes of this Schedule-

(a) "Substance containing benzene " means substance wherein benzene content exceeds one percent by volume ;

(b) "Substitute " means a Chemical which is harmless or less harmful than benzeneand can be used in place of benzene ;

(c) "enclosed system " means a system which will not allow escape of benzene vapours to the working atmosphere ;

(d) "efficient exhaust draught " means localised ventilation effected by mechanical means for the removal of gases , vapours and dusts or fumes so as to prevent them from escaping into the air of any work- room and no draught shall 276(143)

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be deemed to be efficient if it fails to remove smoke / generated at the point where such gases , vapours , fumes or dust originates .

3. Prohibition and substitution . (a) use of Benzene and substances containing Benzene is prohibited in the following processes : -

(i) Manufacture of Varnishes , paints and thinners ; and

(ii) Cleaning and degreasing operations ...

(b) Benzene or substances containing benzene shall not be used as a solvent or diluent unless the process in which it is used is carried on in an enclosed system or unless the process is carried on in a manner which is considered equally safe as if it were carried out in an enclosed system.

(c) Where suitable substitutes are available , they shall be used instead of benzene or substances containing benzene . This provision, however , shall not apply to the processes specified in Appendix A.

(d) The Chief Inspector cum facilitator may , subject to confirmation by the State Government, permit , exemptions from the percentage laid down in clause 2(a) and also from the provisions of sub - clause (b ) temporarily under conditions and within limits of time to be determined after consultation with the employers and workers concerned .

4. Protection against inhalation . (a) The process involving the use of benzene or substances containing benzene shall , as far as practicable be carried out in an enclosed system .

(b) Where , it is not practicable to carry out the process in an enclosed system , the workroom in which benzene or substances containing the benzene are used shall be equipped with an efficient exhaust draught or other means for the removal of benzene vapours to prevent their escape into the air of the workroom so that the concentration of benzene in the air does not exceed 25 parts per million by volume or 80 mg/m .

(c) Air analysis of or the measurement of concentration of benzene vapours in air shall be carried out every 8 hours or at such intervals as may be directed by the Chief Inspector cum Facilitator at places where process involving use of benzene is carried on and the result of such analysis shall be recorded in a register specially maintained for this purpose . If the concentration of benzene vapours in air and measured by air analysis , exceeds 25 parts per million by volume or 80 mg./m . the Manager shall forthwith report the concentration to the Chief Inspector stating the reasons for such increase .

(d) Workers who for special reasons are likely to be exposed to concentration of benzene in the air of the work- room exceeding the maximum referred to in मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

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clause ( b ) shall be provided with suitable respirators of face mask . The duration of such exposure shall be limited as far as possible .

5. Measures against skin contact . ( a) Workers who are likely to come in contact with liquid benzene or liquid substances containing benzene shall be provided with suitable gloves , aprons , boots where necessary vapour tight chemical goggles , made of material not affected by benzene or its vapours .

(b) The protective were referred to in sub - clause (a) shall be maintained in good conditions and inspected regularly.

6. Prohibition relating to employment of women and adolescent. No women or adolescent shall be employed or permitted to work in any work - room involving exposure to benzene or substances containing benzene .

7. Labelling . Every container holding benzene or substances containing benzene shall have the word " Benzene " and approved danger symbols clearly visible on it and shall also display information on benzene content , warning about toxicity and warning about inflammability of the chemical .

8. Improper use of benzene . ( a) The use of benzene or substance containing benzene by workers for cleaning their hands or their work clothing shall be prohibited.

(b) Workers shall be instructed on the possible dangers arising from such misuse, and written acknowledgment from every workers - who having regard to nature of his work likely to come in contact with liquid benzene or liquid substances containing benzene , shall be obtained that he has fully understood the import of the instructions .

9. Prohibition of consuming food , etc. , in workrooms . No workers shall be allowed to store or consume food or drink in the workroom in which benzene or substance containing benzene are manufactured , handled or used . Smoking and chewing tobacco or pan betel nut shall be prohibited in such workrooms .

10. Instructions as regards risks . - Every worker on his first employment shall be fully instructed on the properties of benzene or substances containing benzene which he has to handle and of the dangers involved. Workers shall also be instructed on the measures to be taken to deal with in an emergency.

11. Cautionary notices . Cautionary notices in the form specified in Appendix B and presented in the language easily read and understood by the majority of the workers shall be displayed in prominent places in the work - rooms where banzene or substance containing benzene are manufactured , handled or used .

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12. Washing facilities , cloak room and mess room . In factories in which benzene or substances containing benzene are manufactured , handled or used , the occupier shall provide and maintain in clean state and in good repair-

(a) washing facilities under cover of the standard of at least one tap for every 10 persons having supply of water with soap and a clean towel provided individually to each worker .

(b) a cloak room with lockers for each worker , having two compartments one for street clothing and one for work clothing : and

(c) a mess room furnished with tables and benches with arrangement for warming food provided that where a canteen or other proper arrangements exist for the workers to take their meals , the requirements of mess room shall be dispensed with.

13. Medical facilities and Examination .-( 1 ) The occupier of every factory to which the Schedule applies , shall-

(a) make arrangements of a qualified medical practitioner for medical surveillance of the workers employed therein ; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a) .

(2) The record of medical examinations and appropriate tests carried out by the said medical practitioner shall be maintained , which shall be kept readily available for inspection by the Inspector.

(3) Every worker employed in processes mentioned in paragraph 1 , shall be examined by a medical officer within 15 days of his first employment . Such examination shall include tests for detection of phenol in urine and determination of urinary sulphideration and CNS and hamotological 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 .

(4) Every worker employed in the process of this schedule shall be examined by a medical officer .

(5) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in the 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 shall 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 मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

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is fully incapacitated in the opinion of the medical officer, in that case the person affected shall be suitably rehabilitated .

(6) 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 those processes .

(7) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator.

Appendix A

[Clause 3 (b) ]

(1) Production benzene .

(2) Process where benzene is used for chemical synthesis .

(3) Motor spirits (used as fuel ) .

Appendix B

(Clause 11)

(a) The hazards-

(i) Benzene and substances containing benzene are harmful .

(ii ) Prolonged of repeated breathing of benzene vapours may result in acute or chronic poisoning .

(iii) Benzene can also be absorbed through skin which may cause skin and other diseases .

(b) The preventive measures to be taken-

(i) Avoid breathing of benzene vapours .

(ii) Avoid prolonged or repeated contact of benzene with skin .

(iii ) Remove benzene soaked or wet clothing promptly .

(iv) If any time you are exposed to high concentration of benzene vapours and exhibit the sign and symptoms such as dizziness , difficulty in breathing over excitement of consciousness , immediately inform your Factory Manager .

(v) Keep all the containers of benzene closed.

(vi) Handle , use and process benzene and substances containing benzene carefully in order to prevent their spillage on floor .

(vii) Maintain good housekeeping .

(c) The protective equipment to be used-

(i) Use respiratory protective equipment in a place where benzene vapours are present in high concentration .

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(ii ) In emergency, use self generating oxygen mask or oxygen or air cylinder masks .

(iii ) Wear hand gloves , aprons , goggles and gum boots to avoid contact of benzene with your skin and body parts .

(d) The first- aid measures to be taken in case of acute benzene poisoning-

(i) Remove the clothing immediately if it is wet with benzene.

(ii) If liquid benzene enters eyes , flush roughly for at least 15 minutes with clean running water and immediately secure medical attention .

(iii) In case of unusual exposure to benzene vapour call a physician immediately. Until he arrives do the following : -

If the exposed person is conscious

(A) Move him to fresh air in open .

(B) Lie him down without a pillow and keep him quiet and warm .

If the exposed person is unconscious

(A) Lie him down preferably on the left side with the head low .

(B) Remove any false teeth , chewing gum , tobacco or other foreign objects which may be in his mouth .

(C) Provide him artificial respiration in case difficulty is being experienced in breathing.

(D) In case of hollow breathing or cyanosis ( blueness of skin , lips , ears , finger nail -beds) , he should be provided with medical oxygen or oxygen carbon di oxide mixture . If needed he should be given artificial respiration . Oxygen should be administered by a trained person only.

Schedule XXII

Manufacture of Slate Pencil

1. Definitions . - For the purposes of this Schedule-

(a) Manufacture of slate pencils means cutting of stone with the aid of circular saw or any other means for the manufacture of slate pencils and includes incidental processes , such as , handling and slicing of stone separating the pencils at the grooves cut by saws and incidental processes , such as , counting , packing , pointing and sorting of pencils ;

(b) " Efficient exhaust draught " means localised ventilations by mechanical means for the removal of dust so as to prevent the dust from escaping into the air of any place in which work in carried on and no draught shall be deemed to be efficient which fails to remove the dust produced at the point where such dustoriginates .

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2. (a) No process of cutting the stones or making a groove in the stone with the help of saw shall be carried out unless the cutting or grooving equipment is fitted with such an efficient exhaust draught , which exhausts the dust from the place where the dust or ignites and carries it away from the place of work .

(b) Where the exhaust fan and the cutting or grooving equipment are driven by separate motors , these motors shall be electrically so interlocked that - unless the motor of the exhaust fan is working , it shall not be possible to start the motor used for driving the cutting or grooving equipment .

3. (a) No women or adolescents shall be required or allowed to work in the machines used for cutting the stones or making grooves on the stones .

(b) The work such as packing , repacking , pointing or sorting of pencil , breaking open the grooves or similar other operations , shall not be carried out in the same shed in which the operations or cutting of stone or making grooves on them are carried out .

4. ( a) No worker shall be employed on the manufacture of slate pencils , unless he has been medically and radiologically examined by a medical officer , and declared fit for such employment by grant of certificate of fitness in Form No. 43 .

(b) Every workers employed on the manufacture of slate pencil on the date on which this Schedule comes in force shall be medically and radiologically examined by a medical officer within 3 months of the said date .

( c) Every worker employed on the manufacture of slate pencil manufacturing shall be medically examined by a medical officer at a interval of not more than six months after the first examination conducted under the said sub - clauses (a) and (b ) and shall be radiologically examined at an interval as may be directed by the medical officer .

(d) Worker already in employment and declared unfit by a medical officer shall not be allowed to work on the manufacture of slate pencils , unless he is examined again and granted a certificate of fitness .

(e) The medical officer may direct that a worker may be got radiologically examined or the may be subjected to further examination, clinical , pathological or otherwise , or that he may undergo specified treatment , and it shall be the responsibility of the occupier and the manager to arrange for the specified examination and treatment , and to bear all expenses thereof and in connection therewith.

(f) The medical officer shall , after each examination grant a certificate in Form No 43 .

152 276(149)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(g) The manager shall maintain all certificates on Form 28 in a proper file and shall produce all the certificates before the Inspector cum facilitator whenever demanded .

5. No worker shall be required or allowed to work on cutting , groove making machine or any other equipment generating dust from the stone used for manufacturing slate pencils , unless he is wearing dust mask...

Schedule XXIII

Manufacture of manipulation of dangerous pesticides

1. Application . - This schedule shall apply in respect of all factories or any part thereof in which the process of manufacture or manipulation of dangerous pesticide hereinafter referred to as the said manufacturing process is carried on.

2. Definitions . - For the purpose of this Schedule-

(a) "dangerous pesticides " means any product proposed or used for controlling , destroying or repelling any pest or for preventing growth or mitigating effects of such growth including any of its formulations which is considered toxic under and is covered by the Insecticides Act , 1968 and the rules made thereunder and other product , as may be notified from time to time by the State Government ;

(b) "manipulation " includes mixing, blending , formulation , filling , emptying , packing or otherwise handling ;

(c) . "efficient exhaust draught " means localised mechanical ventilation for removal of smoke , gas , vapour, dust , fume or mist so as to prevent them from escaping into the air of any work room in which work is carried on . No exhaust draught shall be considered efficient if it fails to remove smoke generated at the point where such gas , fume , dust , vapour , or mist originates from the process ;

(d) "first employment " shall mean first employment in any manufacturing process to which this schedule applies and shall also include re- employment in the said manufacturing process following any ceasation of employment for a continuous period exceeding three calendar months ; and

(e) " suspension " means suspension from employment in any process wherein a dangerous pesticide is manipulated, by written certificate the health register signed by the Medical officer who shall be competent to suspend all persons employed in such process .

3. Instruction to workers . Every worker on his first employment shall be fully instructed on the properties including dangerous properties of the chemicals handled in the said manufacturing process and the hazards involved . The employees shall also be instructed in the measures to be taken to deal with any emergency . Such instructions shall be repeated periodically.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(150)

4. Cautionary notice and placards . Cautionary notices and placards in the form specified in appendix to this schedule and printed in the language of the majority of the workers shall be displayed in all work places in which said manufacturing process is carried on so that they can be easily and conveniently read by the workers . Arrangements shall be made by the occupier and the manager of the factory to periodically instruct the workers regarding the health hazards arising in the said manufacturing process and method of protection . Such notices shall include brief instructions regarding the periodical clinical tests required to be undertaken for protecting health of the workers .

5. Prohibition relating to employment of women or adolescents . - No woman or adolescent shall be employed or permitted to work in any room in which the said manufacturing process is carried on or in any room in which dangerous pesticide is stored.

( 1 ) No food , drink , tobacco , pan or 6. Food , drinks and smoking prohibited . -

supari shall be brought into or consumed by any worker in any workroom in which the said manufacturing process is carried out .

(2) Smoking shall be prohibited in any workroom in which the said manufacturing process is carried out .

( 1 ) Protective clothing 7. Protective clothing and protective equipment .

consisting of long pants and shirt or over all with long sleeves and head covering shall be provided for all workers employed in the said manufacturing process .

(2) ( a) Protective equipment consisting of rubber gloves , gum boots , rubber aprons , chemical safety goggles and respirators shall be provided for all workers employed in the said manufacturing process .

(b) Gloves , boots , aprons shall be made from synthetic rubber where a pesticide contains oil .

(3) Protective clothing and equipment shall be worn by the workers supplied with such clothing and equipment .

(4) Protective clothing and equipment shall be washed daily from inside and outside if the workers handle pesticides containing nicotine or phosphorus and shall be washed frequency to handling other pesticides .

(5) Protective clothing and equipment shall be maintained in good repair .

8. Floors and work - benches . ( 1 ) Floors in every workroom where dangerous pesticides are manipulated shall be of cement or other impervious material giving a smooth surface .

276( 151)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

(2) Floors shall be maintained in good repair, provides with adequate slope leading to a drain and thoroughly washed once a day with hose pipe.

(3 ) Work -benches where dangerous pesticides are manipulated shall be made of smooth , non - absorbing material preferably stainless steel and shall be cleaned atleast once daily .

9. Spillage and waste . ( 1 ) If a dangerous pesticide during its manipulation splashes or spills on the work - bench , floor or on the protective clothing worn by a worker , immediate action shall be taken for thorough decontamination of such areas or articles .

(2) Cloth , rags , paper or other material soaked or soiled with a dangerous pesticide shall be deposited in a suitable receptacle with tight fitting cover . Contaminated waste shall be destroyed by burning at least once a week .

(3) Suitable deactivating , where available , shall be kept in a readily accessible place for use while attending to a spillage .

(4) Easy means for access shall be provided to all parts of the plant for cleaning, maintenance and repairs .

10. Empty containers used for dangerous pesticides . Containers used for dangerous pesticides shall be thoroughly cleaned of their contents and treated with an inactivating agent before being discarded or destroyed .

11. Manual handling . ( 1 ) A dangerous pesticide shall not be required or allowed to be manipulated by hand except by means of a long handled scoop .

(2) Direct contact of any part of the body with a dangerous pesticide during its manipulation shall be avoided.

12. Ventilation . - ( 1 ) In every workroom or area where a dangerous pesticide is manipulated , adequate ventilation shall be provided at all times by the circulation of fresh air .

(2) Unless process is completely enclosed, the following operations during manipulation of a dangerous pesticide shall not be undertaken without an efficient exhaust draught : -

(a) emptying container holding a dangerous pesticide ;

(b) blending a dangerous pesticide;

(c) preparing a liquid or powder formulation containing a dangerous pesticide ;

and

(d) changing or filling a dangerous pesticide into a container, tank hopper or machine or small sized containers .

(3 ) In the event of a failure of the exhaust draught provided on the above operation, the said operations shall be stopped forthwith .

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276( 152)

13. Time allowed for washing . - ( 1 ) Before each meal and before the end of the day'swork atleast ten minutes in addition to the regular rest interval shall be allowed for washing to each worker engaged in the manipulation of dangerous pesticide .

(2) Every worker engaged in the manipulation of dangerous pesticide shall have a through wash before consuming any food and also at the end of the day's work .

14. Washing and bathing facilities . ( 1 ) There shall be provided and maintained in a dean state and in good repair for the use of all workers employed in the factory where the said manufacturing process is carried on, adequate washing and bathing places having a constant supply of water under cover at the rate of one such place for every 5 persons employed .

(2) The washing place shall have stand pipes placed at intervals of not less than one metre .

(3) Not less than one half of the total number of washing places shall be provided with bathrooms .

(4) Sufficient supply of clean towels made of suitable material shall be provided:

Provided that such towels shall be supplied individually for each worker if so ordered by the Inspector cum facilitator .

(5) Sufficient supply of soap and nail. brushes shall be provided .

15. Cloak - room . There shall be provided and maintained for the use of all workers employed in the factory where the said manufacturing process is carried on-

(a) a cloak- room for clothing put off during working hours with adequate arrangements for drying clothing, if wet ; and

(b) separate and suitable arrangements for the storage of protective clothing provided under paragraph 7 .

16. Messroom . ( 1 ) There shall be provided and maintained for the use of all workers employed in the factory in which the said manufacturing process is carried on and remaining on the premises , during the rest intervals , a suitable messroom which shall be furnished with-

(a) sufficient tables and benches with back - rest ; and

(b) adequate means for warming food .

(2) The mess room shall be placed under the charge of a responsible person and shall be kept clean .

276( 153)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

17. Manipulation not to be undertaken . Manufacture or manipulation of a pesticides shall not be undertaken in any factory unless a certificate regarding its dangerous nature or otherwise is obtained from the Chief Inspector cum Facilitator.

18. Medical facilities and Examination- ( 1 ) Every worker employed in the said manufacturing process shall be examined by the medical officer within seven days of the first employment and no worker shall be allowed to work unless certified fit by a certificate of fitness in Form 28 for such employment by the medical officer .

(2) Every worker employed in the said manufacturing process shall be re - examined by a medical officer at least once in 6 calendar months .

(3) Due notice shall be given to the medical officer and the concerned workers regarding the arrangements for examination of workers employed in the said manufacturing process after obtaining the consent regarding the arrangement from the medical officer .

(4)Health register in Form 29 shall be maintained .

(5) No worker after suspension shall be employed without written sanction from the medical officer entered in or attached to the health register . The person so suspended from the process being unfit for work in that process shall be provided with. alternate placement facilities by factory management unless he is fully incapacitated in the opinion of the medical officer, in that case the person affected shall be suitably rehabilitates .

(6) The occupier shall engage a qualified medical practitioner approved by the Chief Inspector who shall examine and when necessary treat on the premises of the factory , all workers who are employed in the said manufacturing process , for effect of excessive absorption of the dangerous pesticide atleast once a week .

(7) The occupier shall make necessary arrangements to ensure quick availability of qualified medical practitioner in emergency .

(8 ) The occupier shall provide medicines and antidotes and other equipment required for treatment of excessive absorption of dangerous pesticides .

(9 ) Records of such examinations and treatments and tests shall be maintained and shall be made available to Inspector cum facilitator .

(10) The Chief Inspector may order suitable clinical test or tests to be carried out at specified intervals in respect of workers in any factory where such manufacturing process is carried on . Charges for such test or tests shall be borne by the occupier .

( 11 ) Every worker in any factory where the said manufacturing process is मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(154)

carried on, shall undergo the prescribed examinations , tests and treatments .

(12) Every worker employed in the process of this schedule shall be examined by a medical officer . He shall issue fitness on form 28 .

(13) 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 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 shall 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 that case the person affected shall be suitably rehabilitated .

(3) 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 those processes .

(4) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator.

19. Exemption . If in respect of any factory the Chief Inspector cum facilitator . is satisfied that owing to the exceptional circumstances or the infrequency of the said manufacturing process or for any other reason which he shall record in writing all or any of the provision of this schedule are not necessary for the protection of the workers employed in the factory , he may by a certificate in writing exempt such factory , from all or any of the provisions on such condition as he may specify therein . Such certificate may , at any time , be revoked by the Chief Inspector cum facilitator after recording his reasons therefore .

Appendix

Cautionary Notice

1. Chemicals handled in this plant are poisonous substances .

2. Smoking , eating food or drinking, chewing tobacco in this area is prohibited . No food stuff or drink shall be brought in this area.

3. Some of these chemicals may be absorbed through skin and may cause poisoning.

4. A good wash shall be taken before meals .

5. A good bath shall be taken at the end of the shift .

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(155) 6. Protective clothing and equipment supplied shall be used while, working in this area .

7. Containers of pesticides shall not be used for keeping food stuffs .

8. Spillage of the chemicals on any part of the body or on the floor or work- bench shall be immediately washed away with water.

9. Clothing contaminated due to splashing shall be removed immediately .

10. Scrupulous cleanliness shall be maintained in this area .

11. Do not handle pesticides with bare hands , use scoops provided with handle.

12. In case of sickness like nausea , vomitting , giddingness , the manager should be informed who will make necessary arrangements for treatment .

13. All workers shall report for the prescribed medical tests regularly to protect their own health .

Schedule XXIV

Manufacture or manipulation of Carcinogenic dye intermediates

1. Application . - This schedule shall apply in respect of all factories or any part thereof where processes in which the substances mentioned in paragraphs 3 and 4formed , manufactured, handled, or used and the processes incidental thereto in the course of which these substances are formed , are carried on . The processes indicated in this paragraph shall be referred to hereinafter as " the said processes " , and such a reference shall mean any or all the processes described in this paragraph .

2. Definitions . - For the purpose of this schedule-

(a) " controlled substances " means chemical substances mentioned in paragraph 4 of this schedule;

(b) "first employment " means first employment in the said processes and also or employment in such processes following any cessation of employment for acontinuous period exceeding three calendar months ;

(c) " efficient exhaust draught " means localised ventilation effected by mechanical means for the removal of gas , vapour , dust or fume so as to prevent them from escaping into the air of any place in which work is carried on . No draught shall be deemed to be efficient which fails to remove smoke generated at the point where such gas , vapour, fume or dust originates ; and

(d) "prohibited substances " means chemical substances mentioned in paragraph 3 of this schedule .

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(156)

3. Prohibited substances . For the purpose of this schedule , the following chemical substances shall be classified as " prohibited substances " except when these substances are present or are formed as a by- product of a chemical reaction in total concentration and exceeding one per cent :

(a) beta - naphthylamine and its salts ;

(b) benzidine and its salts;

(c) 4- amino diphenyl and its salts ;

(d) 4- nitro diphenyl and its salts ; and

(e) any substances containing any of these compounds.

4. Controlled substances . For the purpose of this schedule , the following chemical substances shall be classified as " controlled substances .

(a) Alpha- naphthylamine oralpha- naphthylamine containing not more than one percent of betanaphthylamine either as a by - product if chemical reaction or otherwiseand its salts ;

(b) ortha -tolidine and its salts ;

(c) dianisidine and its salts ;

(d) dichlorobenzidine and its salts ;

(e) auramine; and

(f) magnets .

5. Prohibition of employment . No person shall be employed in the said processes in any factory in which any prohibited substance is formed, manufactured , processed , handled , or used except as exempted by the Chief Inspector cum facilitator as stipulated in paragraph 23 .

6. Requirements for processing or handling controlled substance .

(1 )Wherever any of the controlled substances referred to in paragraph 4 are formed , manufactured , processed, handled , or used , all practical steps shall be taken to prevent inhalation , ingestion or absorption of the said controlled substance by the workers while engaged in processing that substance , and its storage or transport within the plant , or in cleaning or maintenance of the concerned equipment , plant , machinery and storage areas .

(2) As far as possible all operations shall be carried out in a totally closed system . Wherever such enclosure is not possible , efficient , exhaust draught shall be applied at the point where the controlled substances are likely to escape into the atmosphere during the process.

(3) The controlled substances shall be received in the factory in tightly closed containers and shall be kept so except when these substances are in process or in use . The controlled substance shall leave the factory only in tightly closed मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(157) containers of appropriate type . All the containers shall be plainly labeled to indicate the contents .

7. Personal protective equipment . ( 1 ) The following item to personal protective equipment shall be provided and issued to every worker employed in the said processes : -

(a) long trousers and shirts or overall with full sleaves and head cover in the shirt or overall shall cover the neck completely ; and

(b) rubber gum-boots .

(2 ) The following item of personal protective equipment shall be provided in sufficient numbers for use by workers employed in the said processes when there is danger or injury during the performance of normal duties or in the event of emergency : -

(a) rubber hand gloves ;

(b) rubber aprons ; and

( c) Airline respirators or other suitable respiratory protective equipment .

(3) It shall be the responsibilities of the manager to maintain all item of personal protective equipment in a clean and hygenic conditions and in good repair .

8. Prohibition relating to employment of women and adolescent . No women or adolescent shall be employed or permitted to work in any room in which the said processes are carried on.

9. Floors of work - room . The floor of every work- room in which the said processes are carried on shall be-

(a) smooth and impervious to water provided that asphalt or tar shall not be used in the composition of the floor ;

(b) maintained in a state of good repair;

(c) with suitable slope for easy cleaning and provided with gutters ; and

(d) thoroughly washed daily with the drain water being led into a sewer through a closed channel .

10. Disposal of empty containers . Empty containers used for holding controlled substances shall be thoroughly cleaned of their contents and treated with an inactivating agent before being discharged.

11. Manual handling . - Controlled substances shall not be allowed to be mixed , filled, emptied or handled except by means of a scoop with a handle. Such scoop shall be thoroughly cleaned daily .

12. Instructions regarding risk . - Every worker on his first employment in the said processes shall be fully instructed or the properties of the toxic chemicals to which he is likely to be exposed to of the dangers involved and the 'precautions मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(158)

to be taken . Workers shall also be instructed on the measures to be taken to deal with an emergency .

13. Cautionary placards . Cautionary placards in the form specified in appendix attached to this schedule and printed in the language of the majority of the workers employed in the said processes shall be affixed in prominent places in the factory, where the placards can be easily and conveniently read . Arrangements shall be made by the manager to instruct periodically all such workers regarding the precautions contained in the cautionary placards .

14. Obligations of the workers . - It shall be the duty of the persons employed in the said processes to present themselves for the medical examination including exfoliative cytology of urine by the Medical officer or the qualified medical practitioner as provided for under these rules .

15. Washing and bathing facilities . ( 1 ) The following washing and bathing facilities shall be provided and maintained in a clean state and in good repairs for the use of all workers employed in the said processes : -

(a) a wash place under cover having constant supply of water and provided with clean towels , soap and nail brushes and with atleast one stand pipe, for every five such workers ;

(b) 50 percent of the stand pipes provided under clause (a) shall be located in bath - rooms where both hot and cool water shall be made available during the working hours of the factory and for one hour thereafter.

(c) the washing and bathing facilities shall be in closed proximity of the area housing the said processes ;

(d) clean towels shall be provided individually to each worker ; and

(e) in addition to the taps mentioned under clause (a) , one stand pipe , in which warm water is made available , shall be provided on each floor.

(2) Arrangement shall be made to wash factory uniforms and other work clothes every day.

16. Food, drinks , etc. prohibited in workroom . No worker shall consume food, drink , pan , supari or tobacco or shall smoke in any workroom in which the said processes or carried on and no worker shall remain in any such room during intervals for meals or rest .

17. Cloak - room . - There shall be provided and maintained in clean state and in good repair for the use of the workers employed in the said processes- ( a ) a cloak- room with lockers having two compartments one for street clothes and the other for work clothes , and (b) a place separate from the locker room and the 276(159)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

mess room , for the storage of protective equipment provided shall be under the care of a responsible person and shall be kept clean .

18. Messroom . There shall be provided and maintained for the use of the workers employed in the said processes who remain on the premises during the meal intervals , a messroom which shall be furnished with tables and benches and provided with suitable means for warming food.

Before the end of each shift 30 minutes shall 19. Time allowed for washing .

be allowed for bathing for each worker who is employed in the said processes . Further , atleast 10 minutes shall be allowed for washing before each meal in addition to the regular time allowed for meals .

20. Restriction on age of persons employed . No worker under the age of 40 years shall be engaged in the factory in the said processes for the first time after the date on which the schedule comes into force .

21. Medical Examination- ( 1 ) Every worker employed in the said processes shall be examined by a medical officer within 14 days of his first employment . Such examination shall include tests which the medical officer may consider . appropriate and shall include ex - foliative cytology of the urine . No worker shall be allowed to work after 14 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 six calendar months . Such examination shall include tests which the medical officer may consider appropriate but shall include ex- foliative cytology of the urine.

( 1 ) shall be granted by (3 )A person medically examined under sub - paragraph

the medical officer certificate of fitness in Form 28. The record of each examination carried out as referred to in sub - paragraphs ( 1 ) and (2 ) including the nature and the results of the tests shall be entered by the medical officer in a health register in Form 29.

(4) The certificate of the fitness and the health register shall be kept readily available for inspection by any Inspector.

(5) The occupier of every factory in which the said processes are carried on shall engage a qualified medical practitioner for medical surveillance of the workers employed in such processes . His appointment shall be subject to approval of the Chief Inspector cum Facilitator . The occupier shall provide to him all the necessary facilities for the purposes referred to in sub - paragraph ( 1 ) . (6) Every worker employed in the process of this schedule shall be examined by a medical officer . He shall issue fitness on form 28 .

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276( 160)

(7) 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 form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person is unfit for work in the said process. 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 that case the person affected shall be suitably rehabilitated .

(8) 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 those processes .

(9) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

( 1 ) The Chief Inspector cum 22. Exemptions - Prohibited substances.-

facilitator may by a certificate in writing (which he may at his discretion revoke at any time) , subject to such conditions , if any, as may be specified therein , exempt any process in the course of which any of the prohibited. substances is formed , processed , manufactured, handled, or used, from the provisions of paragraph (5 ) if he is satisfied that the process is carried out in a totally enclosed and hermetically sealed system in such a manner that the prohibited substance is not removed from the system except in quantities no greater than that required for the purpose of control of the process or such purposes as is necessary to ensure that the product is free from any of the prohibited substances .

(2) The Chief Inspector cum facilitator may allow the manufacture , handling or use of benzidine hydro chloride provided that all the processes in connection with it are carried out in a totally enclosed system in such a manner that no prohibited substance other than benzidine hydrochloride is removed there from except in quantities no greater than that required for the purpose of control of the processes or such purposes as is necessary to ensure that the product is free from prohibited substances and that adequate steps are taken to ensure that benzidine hydrochloride is except while not less than one part of water to two parts of benzidine hydrochloride at all times .

23. Exemptions general . If in respect of any factory, the Chief Inspector cum facilitator is satisfied that owing to the exceptional circumstances or in मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 161) frequency of the processes or for any other reason , all or any of the provisions of this schedule is not necessary for the protection of the workers in the factory , the Chief Inspector may by a certificate in writing (which he may in his discretion revoke at any time) , exempt such factory from all or any of such provisions subject to such conditions , if any as he may specify herein .

Schedule XXV

Operations Involving High Noise Levels

1. Application . This schedule shall apply to all operations in any manufacturing process having high noise level .

2. Definitions . - For the purpose of this Schedule-

(a) "Noise " means any unwanted sound ;

(b) "High noise level " means any noise level measured on the A- weighted scale is90dB above ;

(c) "Decibel " means one - tenth of "Bel " which is the fundamental division, of a logarithmic scale used to express the ratio of two specific or implied quantities , the number of " Bels " denoting such a ratio being the logarithm to the base of 10 of this ratio. The noise level or the sound pressure level corresponds to a reference pressure of 20 x 10-6 new tons per square metre or 0.0002 dynes per square centimetre which is the threshold of hearing , this is , the lowest sound pressure level necessary to produce the sensation of hearing in average healthy listener . The decibel in abbreviated form in dB ;

(d) " Frequency " means the rate of pressure variations expressed in cycles per second or hertz ;

( e) " dBA " refers to sound level in decibels as measured on a sound level metre operating on the A- weighting net work with slow metre response ;

(f) "A -weighting " means making graded adjustments in the intensities of sound of various frequencies for the purpose of noise measurements , so that the sound pressure level measured by an instrument reflects the actual response of the human ear to the sound measured .

3. Protection against noise . - ( 1 ) In every factory suitable engineering control or administrative measure shall be taken to ensure , so far as reasonably practicable that no worker is exposed to sound levels exceeding the maximum permissible noise exposure levels specified in Tables 1 and 2 below : - मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 162)

Table 1

Permissible Exposure in Case of continuous Noise

Total time of exposure (continuous or number of short term exposures ) per day , in hours Sound pressure level in dBA .

(1)(2)

8 90

6 92

495

3 97

2 100

1½ 102

1 105

34 107

12110

4115

Note . - ( 1 ) No exposure in excess of 115 dBA is to be permitted.

(2) For any period of exposure falling in between any figure and the next high or lower figure as indicated in column 1 the permissible sound pressure level is to be determined by extrapolation on a proportionate basis

Table 2

Permissible Exposure levels for Impulsive or Impact Noise

Peak sound

pressure level in dB Permitted number of impulses or impact per day

(1)(2)

140 100

135 315

130 1000

125 3160

120 10000

Note. (1 ) No exposure in excess of 140 dB peak sound pressure level is permitted.

(2) For any peak sound pressure level falling in between any figure and the next higher or lower figure as indicated in columnl , the permitted number of मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 163 ) impulses or impact per day is to be determined by extrapolation on a proportionate basis .

(2) For the purpose of this schedule , if the variations in the noise level involve maximum at intervals of one second or less , the noise is to be considered as a continuous one and the criteria ; given in Table 1 would apply . In other cases , the noise is to be considered as impulsive or impact noise and the criteria given in Table 2 would apply .

exceeds unity, -

(3) When the daily noise - exposure is composed of two or more periods of noise exposure at different levels their combined effect should be considered , rather than the individual effect of each . The mixed exposure should be considered to exceed the limit value if the sum of functions C1 + + C2+ T2 + CN + TN Where the C1 , C2 , etc. indicate the total time of actual exposure at a specified noise level and T1 , T2 , etc. denote the time of exposure permissible at that level . Noise exposure of less than 90 dBA may be ignored in the above calculation .

(4) Where it is not possible to reduce the noise exposure to the levels specified in sub - paragraph ( 1 ) by reasonably practicable engineering control or administrative measures , the noise exposure shall be reduced to the greatest extent feasible by such control measures , and each worker so exposed shall be provided with suitable ear protectors so as to reduce the exposure to noise to the levels specified in sub - paragraph ( 1 ) .

(5) Where the ear protectors provided in accordance with sub - paragraph (4) , and worn by a worker cannot still attenuate the noise reaching near his ear, as determined by subtracting the attenuation value in dBA of the ear protectors concerned from the measured should pressure level , to a level permissible under Table 1 or Table 2 as the case .

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276(164)

4. Medical Examination- ( 1 ) Every worker employed in the process of this schedule shall be examined by a medical officer . He shall issue fitness on form 28.

(2) If at any time the medical officer is of the opinion that a worker is no longer fit for employment in the these 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 form 29. The entry of his findings in those documents shall also include the period for which he considers that the said person is unfit for work in the said process . 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 that case the person affected shall be suitably rehabilitated .

(3) 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 those processes .

(4) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

Schedule XXVI

Manufacture of Rayon by Viscose Process

1. Definitions . - For the purpose of this Schedule, -

(a) "approved " means approved for the time being in writing by the Chief Inspector;

(b) " breathing apparatus " means a helmet or face piece with necessary connections by means of which the person using it in a poisonous , as phyxisting or irritant atmosphere breathes unpolluted air, or any other approved apparatus ;

(c) "churn " means the vessel in which alkali cellulose pulp is treated with carbon- di - sulphide ;

(d) "dumping " means transfer of cellulose xanthate from a dry churn to a dissolver ;

(e) " efficient exhaust draught " means localised ventilation by mechanical means for the removal of any gas or vapour, so as to prevent if from escaping into the air of anyplace in which work is carried on . No draught shall be deemed to be efficient if it fails to control effectively any gas or vapour generated at the point where such gas or fume or iginates ;

276(165)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

( f) "fume process " means any process in which carbon disulphide or hydrogen sulphide is produced , used or given off;

(g) " life belt " means belt made of leather or other suitable material which can be securely fastened round the body with a suitable length of rope attached to it , each of which is sufficiently strong to sustain the weight of man ;

(h) "protective equipment " means apron , goggles , face shields , foot wear , gloves and overalls made of suitable materials .

2. Ventilation . ( 1 ) In all workrooms where a fume process is carried on , adequate ventilation by natural or mechanical means shall be provided so as to control in association with other control measures , the concentration of Carbon- di -sulphide and hydrogen sulphide in the air of every work environment within the permissible limits .

(2) Notwithstanding the requirements in sub - paragraph ( 1 ) an efficient exhaust draught shall be provided and maintained to control the concentration of carbon- di -sulphide and hydrogen sulphide in the air at the following location : -

(a) dumping hoppers of dry churns ;

(b) spinning machines ;

(c) trio rollers and cutters used in staple fibre spinning;

(d) hydro - extractors for yarn cakes ;

(e) after treatment processes , and

(f) spin baths .

(3) In so far as the spinning machines and trio rollers and cutters used in staple fibre spinning are concerned , they shall be , for the purpose of ensuring the effectiveness of the exhaust draft to be provided as required in sub - paragraph (I) , enclosed as fully as practicable and provided with suitable shutters in sections to enable the required operations to be carried out without giving rise to undue quantities of Carbon- di- sulphide and hydrogen sulphide escaping to the work environment .

(4) No dry churn shall be opened after completion of reaction without initially exhausting the residual vapours of carbon - di - sulphide by operation of suitable and efficient arrangement for exhausting the vapours which shall be continued to be operated as long as the churn is kept opened .

(5) Whenever any ventilation apparatus normally required for the purpose of meeting the requirements in sub - paragraphs (2 ), ( 3 ) and (4 ) is ineffective , fails , or is stopped for any purpose whatsoever, all persons shall be required to leave the work areas where the equipment or processes specified in the above said मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 ( 166)

sub - paragraphs are in use , as soon as possible , and in any case not later than 15 minutes after such an occurrence .

(6 ) ( i ) All ventilating system provided for the purposes as required in sub- paragraphs ( 2) , (3 ) and (4 ) shall be examined and inspected once every week by a responsible person . It shall be thoroughly examined and tested by a competent person once in every period of 12 months . Any defects found by such examinations or test shall be rectified forthwith .

( ii) A register containing particulars of such examination and tests , and the state of the systems and the repairs of alterations ( if any ) found to be necessary shall be kept and shall be available for inspection by an Inspector cum facilitator .

3. Waste from spinning machines . Waste yarn from the spinning machines shall be deposited in suitable containers provided with close fitting covers . Such waste shall be disposed off as quickly as possible after decontamination .

4. Lining of Dry Churns . - The inside surface of all dry churns shall be coated with anon - stickly paint so that cellulose xanthate will not stick to the surface of the churn . Such coating shall be maintained in good condition .

5. Air monitoring . ( 1 ) To ensure the effectiveness of the control measures , monitoring of carbon- di - sulphide and hydrogen sulphide in air shall be carried out once atleast in every shift and the record of the results so obtained shall be entered in a register specially maintained for the purposes .

(2) For the purpose of the requirement in sub - paragraph ( 1 ) , instantaneous gas detector tubes shall not be used . Samples shall be collected over a duration of not less than 10 minutes and analyzed by an approved method . The locations where such monitoring is to be done shall be as directed by the Inspector cum facilitator .

(3) If the concentration of either carbon - di- sulphide or hydrogen sulphide exceeds the permissible limits for such vapour or gas as laid down in these rules , suitable steps shall be taken for controlling the concentrations in air of such contamination . A report of such occurrence shall be sent to the Chief Inspector cum facilitator forthwith .

6. Prohibition to remain in fume process room . No person during his intervals for meal , or rest shall remain in any room wherein fume process is carried on.

7. Prohibition relating to employment of adolescents . No adolescent shall be employed or permitted to work in any fume process or in any room in which any such process is carried on .

276( 167)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

8. Protective equipment . ( 1 ) To occupier shall provide and maintained in good condition protective equipment as specified in the table for use of persons employed in the processes referred to therein.

Table

Process Protective Equipment

(1)(2)

1. Dumping Overalls , face- shields , gloves and footwear all made of suitable materials .

2. Spinning Suitable aprons , gloves and footwear .

3. Process involving or likely to involve contact with viscose solution . Suitable gloves and footwear .

4. Handling of sulphur Suitable chemical goggles .

5. Any other process involving contact with hazardous chemicals Protective equipment as may be directed by the inspector by an order in writing.

(2) A suitable room , rooms or lockers shall be provided exclusively for the storage of all the protective equipment supplied to workers and no such equipment shall be stored at any place other than the room , rooms or lockers so provided.

9. Breathing apparatus . --( 1 ) There shall be provided in every factory where fume process is carried on , sufficient supply of-

(a) breathing apparatus ;

(b) oxygen and a suitable appliances for it administration ; and

(c) life belts .

(2) ( i ) The breathing apparatus and other appliances referred to in sub - paragraph (1) shall be maintained in good condition and kept in appropriate locations so as to be readily available .

(ii) The breathing apparatus and other appliances referred to in clauses (a) and (b) of sub - paragraph ( 1 ) shall be cleaned and disinfected at suitable intervals and thoroughly inspected once every month by a responsible persons .

( iii ) A record of the maintenance or the condition of the breathing apparatus and other appliances referred to in sub - clause ( 1 ) shall be entered in a register provided for that purposes which shall be readily available for inspection by an Inspector .

(3) Suflici ant number of workers shall be trained and periodically retrained in the use of breathing apparatus and administering artificial respiration so that मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 ( 168)

atleast 2 such trained persons would be available during all the working hours in each room in which fume process is carried on .

(4) Breathing apparatus shall be kept properly labeled in clean, dry, light - proof cabinets and if liable to be affected by fumes , shall be protected by placing them in suitable containers .

(5) No person shall be employed to perform any work specified in sub- paragraph ( 1 ) for which breathing apparatus is necessary to be provided under the sub -paragraph unless he has been fully instructed in the proper use of the equipment .

(6) No breathing apparatus provided in pursuance of sub - paragraph ( 1 ) which has been worn by a person shall be worn by another person unless it has been thoroughly cleaned and disinfected since last being worn and the person has been fully instructed in the proper use of that equipment .

10. Electric fitting . All electric fitting in any room in which carbon -di- sulphide is produced , used or given off or is likely to be given off into the work environment , other than a spinning room , shall be of flame proof construction and all electric conductors shall either be enclosed in metal conduits or be lead- sheathed .

11. Prohibition relating to smoking , etc. No person shall smoke or carry matches , fire or naked light or other means of producing a naked light or spark in a room in which fume process is carried on . A notice in the language understood by the majority of the workers shall be posted prominent locations in the plant prohibiting smoking and carrying of matches , fire or naked light or other means of producing naked light or spark into such rooms :

Provided that fire , naked light or other means of producing a naked light of spark maybe carried on in such room only when required for the purposes of the process itself under the direction of responsible person .

12. Washing and bathing facilities . (1 ) There shall be provided and maintained in a clean state and in good repair for the use of all workers employed in the process covered by the schedule , adequate washing and bathing places having a constant supply of water under cover at the rate of one such place for every 25 persons employed.

(2) The washing places shall have standpipes places at intervals of not less than one meter .

(3) Not less than one half of the total number of washing places shall be provided with bathrooms .

276(169)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(4) Sufficient supply of clean towels made of suitable material shall be provided:

Provided that such towels shall be supplied individually for each worker if so ordered by the Inspector.

(5) Sufficient supply of soap and nail brushes shall be provided .

13. Rest room . - ( 1 ) A rest room shall be provided for the workers engaged in doffing operations of filament yarn spinning process .

(2) Such rest room shall be provided with fresh air supply and adequate seating arrangement.

( 1 ) The following cautionary notice 14. Cautionary notice and instructions .

shall be prominently displayed in each fume process rooms .

"Cautionary Notice :

1. Carbon -di - sulphide ( CS2 ) and Hydrogen Sulphide ( H2S ) which may be present in this room are hazardous to health .

2. Follow safety instructions .

3. Use protective equipment and breathing apparatus as and when required.

4. Smoking is strictly prohibited in this area . "

This notice shall be in a language understood by the majority of the workers and displayed where it can be easily and conveniently read . If any worker is illiterate, effective steps shall be taken to explain carefully to him the contents ofthe notice so displayed .

(2) Arrangements shall be made to instruct each workers employed in any room in which a fume process is carried on regarding the health hazards , connected with their work and the preventive measures and method to protect themselves . Such instructions shall be given on his first employment and repeated periodically.

(3) Simply and special instructions shall be framed to ensure that effective measures will be carried out in case of emergency involving escape of carbon- di -sulphide and hydrogen sulphide . Those instructions shall be displayed in the concerned areas and workers shall be instructed and trained in the actions to be taken in such emergencies .

15. Medical Examination- ( 1 ) The occupier of each factory to which this schedule applies , shall-

(a) make arrangements of a qualified medical practitioner for medical surveillance of the workers employed therein ; and

(b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause (a) .

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276 (170)

(2) The record of medical examination and appropriate tests carried out by the said medical officer shall be maintained which shall be kept readily available for inspection by the Inspector.

(3 ) Every worker employed in the process of this schedule shall be examined by a medical officer . He shall issue fitness on form 28 .

(4) If at any time the -medical officer is of the opinion that a worker is no longer fit for employment in the processes on the ground, that continuance involve danger to the health of the worker , he shall make a record of his findings in the said certificate and the health register form 29. The entry of his findings in those documents shall 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 that case the person affected shall be suitably rehabilitated .

(3) No person who has been found unfit to work as said in sub - paragraph ( 6 ) shall bere - 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 .

(4) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

16. Exemptions . If in respect of any factory , the Chief Inspector cum facilitator is satisfied that owing to the exceptional circumstances or infrequency of the processes or for any other reason , all or any of the provisions ofthis schedule is not necessary for protection of the workers in the factory , the Chief Inspector may by a certificate in writing, which he may at his discretion revoke at any time , exempt such factory from all or any of such provisions subject to such conditions , if any he may specify therein.

276 (171 )

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

Schedule XXVII

Operations in Foundries

1. Application . - Provisions of this schedule shall apply to all parts of factories where any of the following operations or processes are carried on : -

(a) the production of iron castings or , as the case may be , steel castings by casting in mould, made of sand , loam , moulding composition or other mixture of materials , or by shall moulding, or by centrifugal casting and any process incidental to such production ;

(b) the production of non - ferrous castings by casting metal in moulds made of sand, loam , metal , moulding composition or other material or mixture of materials, or by shell mouldings , die - casting (including pressure diecasting) , centrifugal casting or continuous casting and any process incidental to such production; and

(c) the melting and casting of non - ferrous metal for the production of ingots , billets , slabs or other similar products , and the stripping thereof; but shall not apply with respect to-

(a) any process to the smelting and manufacture of lead and the Electric Accumulators ;

(b) any process for the purposes of a printing worker ; or

(c) any melting process in which metal is obtained by a reducing operation or any process incidental to such operation ; or

(d) the production of steel in the form of ingots ; or

(e) any process in the course of the manufacture of solder or any process incidental to such manufacture ; or

(f) the melting and casting of lead or any lead based alloy for the production of ingots , billets , slabs or other similar products or the stripping thereof, or any process incidental to such melting, casting or stripping.

2. Definitions . For the purpose of this schedule-

(a) "approved respirator " means a respirator of a type approved by the Chief Inspector ;

(b) " cupola or furnace " includes a receiver associated therewith ;

(c) "dressing or fettling operations " includes stripping and other removal of adherents and cores , runners , risers , flash and other surplus metal from a casting and the production of reasonably clean and smooth surface , but does not include-(a) the removal of metal from a casting when performed incidentally in connection with the machining or assembling of castings after they have been मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(172)

dressed or fettled , or (b) any operation which is a knock - out operation within the meaning of this schedule;

(d) "foundry " means those parts of a factory in which the production of iron or steel or non- ferrous castings (not being the production of pig iron or the production of steel in the form of ingots) is carried on by casting in moulds made of sand, loạm , moulding composition or other mixture of materials , or by shell moulding or by centrifugal casting in metal moulds lined with sand , or die casting including pressure die castings , together with any part of the factory in which any of the following processes are carried on as incidental processes in connection with and in the course of, such production, namely , the preparation and mixing of materials used in foundry process , the preparation of moulds and cores knock out operations and dressing or fetting operations ;

(e) "knock-out operations " means all methods of removing castings from moulds and the following operations , when done in connection therewith , namely, stripping, coring - out and the removal of runners and risers;

(f) "pouring aisle " means an aisle leading from a main gangway or directly from a cupola or furnace to where metal is poured into moulds .

3. Prohibition of use of certain materials as parting materials . (1) A material shall not be used as a parting material if it is a material containing compounds of silicon calculated as silica to the extent more than 5 percent by weight of the dry materials :

Provided that this prohibition shall not prevent the following being used as a part ing material if the material does not contain an admixture of any other silica: -

(a) Zirconium silicate (Zirocon)

(b) Calcined china clay

(c) Calcined aluminous fireclay

(d) Sillimanite

(e) Calcined or fused alumina

(f) Olivine

(g)Natural sand.

(2) Dust or other matter deposited from a fettling or blasting process shall not be used as a parting materials or as a constituent in a parting material .

4. Arrangement and storage . For the purposes of prompting safety and cleanliness in workrooms the following requirements shall be observed : - मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(173) (a) moulding boxes , loam plates , ladles , patterns , pattern plates , frames , boards , box weights , and other heavy articles shall be so arranged and placed as to enable work to be carried on without unnecessary risk;

(b) suitable and conveniently accessible racks , bins , or other receptacles shall be provided and used for the storage of other gear and tools ;

(c) where there is bulk storage of sand , fuel , metal scrap or other materials or residues , suitable bins bunkers or other receptacles shall be provided for the purposes of such storage .

5. Construction of floors . ( 1 ) Floors of indoor work places in which the processes are carried on , other than parts which are of sand shall have an even surface of hard material .

(2) No part of the floor of any such indoor workplace shall be of sand except where this is necessary by reason of the work - done .

(3) All parts of the surface of the floor of any such indoor workplace which are of sand shall , so far as practicable , be maintained in an even and firm condition .

6. Cleanliness of indoor workplaces . ( 1 ) All accessible parts of the walls of every indoor workplace in which the processes are carried on and of everything affixed to those walls shall be effectively cleaned by a suitable method to a height of not less than 4.2 metres from the floor atleast once in every period of fourteen months . A record of the carrying out of every such effective cleaning in pursuance of this paragraph including the date which shall be not less than five months nor more than nine months after the last immediately proceeding washing, cleaning or other treatment .

(2) Effective cleaning by a suitable method shall be carried out atleast once every working day of all accessible parts of the floor of every indoor workplace in which the processes are carried on , other than parts which are of sand, and the parts which are of sand shall be kept in good order .

7. Manual operations involving molten metal . There shall be provided and properly maintained for all persons employed on manual operations, involving molten metal with which they are liable to be splashed , a working space for that operation : -

(a) which is adequate for the safe performance of the work ; and

(b) which, so far as reasonably practicable , is kept free from obstruction .

(2) Any operation involving the carrying by hand of a container holding molten metal shall be performed on a floor and parts of which where any person walks , while engaged in the operations shall be on the same level :

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 174)

Provided that , where necessary to enable the operation to be performed without undue risk, nothing in this paragraph shall prevent the occasional or exceptional use of a working space on a different level from the floor , being a space provided with a safe means of access from the floor for any person while engaged in the operation .

8. Gangways and pouring aisels . (1) In every workroom to which this paragraph applies constructed , reconstructed or converted for use as such after the making of this Schedule and , so far as reasonably practicable , in every other workroom to which this paragraph applies , sufficient and clearly defined main gangways shall be provided and properly maintained which-

(a) shall have an even surface of hard material and shall, in particular , not be of sand or have on them more sand than is necessary to avoid risk of flying metal from accidental spillage;

(b) shall be kept , so far as reasonably practicable , free from obstruction;

(c) if not used for carrying molten metal , shall be atleast 920 millimetres in width ;

(d) ifused for carrying molten metal shall be-

(i) where truck ladles are used exclusively, atleast 600 millimetres wider than the overall width of the ladle ;

(ii) where hand shanks are carried by not more than two men , atleast 920 millimetres in width ;

(iii ) where hand shanks are carried by more than two men , atleast 1.2 metres in width ; and

(iv) where used for simultaneous travel in both directions by mean carrying hand shanks , atleast 1.8 metres in width .

(2) In workroom to which this paragraph applies constructed, reconstructed orconverted for use as such after the making of this Schedule, sufficient and clearly defined pouring aisles shall be provided and properly maintained which- 276 ( 175)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

(a) shall have an even surface of hard material and shall , in particular , not be of sand or have on them more sand than is necessary to avoid risk of flying metal from accidental spillage ;

(b) shall be kept so far as reasonable practicable free from obstruction ;

(c) ifmolten metal is carried in hand ladles or bull ladles by not more. than two men per ladles , shall be atleast 460 millimetres wide , but where any moulds alongside the aisleare more than 510 millimetres above the floor of the aisle , the aisle shall be not less than 600 millimetres wide ;

(d) if molten metal is carried in hand ladles or bull ladles by more than two men perladle , shall be at least 769 millimetres wide;

(e) if molten metal is carried in crane, trolley or truck ladles , shall be of a width adequate for the safe performance of the work.

(3) Requirements of sub - paragraphs ( 1 ) and (2) shall not apply to any workroom or part of a workroom if, by reason of the nature of the work done therein , the floor of that workroom or, as the case may be , that part ofa workroom has to be of sand .

(4) In this paragraph " workroom to which this paragraph applies " means a part of a ferrous or non - ferrous foundry in which molten metal is transported or used, and a workroom to which this paragraph applies shall be deemed, for the purposes of this paragraph to have been constructed, reconstructed or converted for use as such after the making of this schedule if the construction , reconstruction , or conversion thereof was begun after the making of this schedule .

9. Work near cupolas and furnaces . - No person shall carry out any work within a distance of 4 metres from a vertical line passing through the delivery and of any spout of a cupola or furnace, being a spout used for delivering molten metal , or within adistance of 2.4 metres from a vertical line passing through the nearest part of any ladle which is in position at मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(176)

the end of such a spout , except , in either case , where it is necessary for the proper use of maintenance of a cupola or furnace that work should be carried out with in that distance of that work is being carried out at such a time and under such conditions that there is no danger to the person carrying it out from molten metal which is being obtained from the cupola or furnace or is in a ladle in position at the end of the spout .

10. Dust and fumes.-

(1) Open coal , coke or wood fires shall not be used for heating or drying ladles inside a workroom unless adequate measures are taken to prevent , so far as practicable, fumes or other impurities from entering into or remaining in the atmosphere of the workroom.

(2) No open coal, coke or wood fires shall be used for dying moulds except in circumstances in which the use of such fires is unavoidable .

(3) Mould stoves , core stoves and annealing furnaces shall be so designed constructed, maintained and worked as to prevent , so far as practicable , offensive or injurious fumes from entering into any workroom during any period when a person is employed therein .

(4) All knock out operations shall be carried out-

(a) in a separate part of the foundry suitably partitioned off, being a room or part in which, so far as reasonably practicable, effective and suitable local exhaust ventilation and a high standard of general ventilation are provided; or (b) in an area of the foundry in which, so far as reasonably practicable, effective and suitable local exhaust ventilation is provided, or where compliance with this requirement is not reasonably practicable , a high standard of general ventilation isprovided .

180 276( 177)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(5) All dressing or fettling operations shall be carried out-

in a separate room or in a separate part of the foundry suitably -partitioned off; or (a)

(b) in an area of the foundry set apart for the purpose ; and shall , so far as reasonably practicable, be carried out with effective and suitable local exhaust ventilation or other equally effective means of suppressing dust , operating as near as possible to the point of origin of the dust .

11 . Maintenance and examination of exhaust plant.-

(1) All ventilation plant used for the purpose of extracting , suppressing or controlling dust or fumes shall be properly maintained.

(2) All ventilating plant used for the purpose of extracting, suppressing or controlling dust or fumes shall examined and inspected once every week by a responsible person . It shall be thoroughly examined and tested by a competent person atleast once in every period of twelve months ; and particulars of the results of every such examination and test shall be entered in an approved register which shall be available for inspection by an Inspector . Any defect found on any such examination and test shall be immediately reported in writing by the person carrying out the examination and test of the occupier or manager of the factory .

12. Protective equipment.-

(1) The occupier shall provide and maintain suitable portable equipment specified for the protection of workers-

(a) suitable gloves or other protection for the hands for workers engaged in handling any hot material likely to cause damage to the hands by burn , scald or scar , or in handling pig iron, rough castings , or other articles likely to cause damage to the hands by cut or abrasion;

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276( 178 )

(b) approved respirators for workers carrying out any operations creating a heavy dust concentration which cannot be dispelled quickly and effectively by the existing ventilation arrangements .

(2) No respirator provided for the purposes of clause ( 1 ) has been worn by a person shall be worn by another person if it has not since been thoroughly cleaned and disinfected .

(3) Persons who for any of their time : -

(a) work at a spout of or attend to , a cupola or furnace in such circumstances that material there from may come into contact with the body being material at such at emperature that its contact with the body would cause a burn; or

(b) are engaged in, or in assisting with , the pouring of molten metal; or

(c) carry by hand or move by manual power any ladle or mould containing molten that ; or

(d) are engaged in knocking out operations involving material at such a temperature that its contact with the body would cause a burn ; shall be provided with suitable footwear and gaiters which worn by them prevent , so far as reasonably practicable, risk of burns to his feet and ankles .

(4) Where appropriate, suitable screens shall be provided for protection against flying ( including splashes of molten metal and sparks and chips thrown off in the course of any process).

(5) The occupier , shall provide and maintain suitable accommodation for the storage and make adequate arrangement for cleaning maintaining of the protective equipment supplied in pursuance of this paragraph.

276(179)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(6) Every person shall make full and proper use of the equipment provided for his protection in pursuance of sub - paragraphs ( 1 ) and (4) and shall without delay report to the occupier , manager of other appropriate person any defect in , or loss of, the same .

13. Washing and bathing facilities.-

(1) There shall be provided and maintained in clean state and good repair for the use of all workers employed in the foundry-

(a) a wash place under cover with either-

(i) a trough with impervious surface fitted with a waste pipe without plug, and of sufficient length to allow atleast 60 centimetres for every 10 such persons employed at any one time and having a constant supply of clean water from taps or jets abovethe trough at intervals of not more than 60 centimetres ; or (ii) atleast one tap or stand pipe for every 10 such persons employed at any one time , and having a constant supply of clean water , the tap or stand pipe being spaced not less than 1.2 metres apart ; and

(b) not less than one half of the total number of washing places provided under clause (a) shall be in the form of bath rooms.

(c) a sufficient supply of clean towels made of suitable material changed daily, with sufficient supply of nail brushes and soap.

(2) The facilities provided for the purposes of sub - paragraph ( 1 ) shall be placed incharge of a responsible person or persons and maintained in a clean and orderly condition .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 180)

14. Disposal of dross and skimmings.- Dross and skimmings removed from molten metal or taken from a furnace shall be placed forthwith in suitable receptacles .

15. Disposal of waste. - Appropriate measures shall be taken for the disposal of all waste products from shell moulding (including waste burnt sand ) as soon as reasonably practicable after the castings have been knocked- out.

16. Material and equipment left out of doors . All material and equipment left out of doors ( including material ) and equipment so left only temporarily or occasionally shall be so arranged and placed as to avoid unnecessary risk . There shall be safe means of access to all such material and equipment and , so far as reasonably practicable , such access shall be by roadways or pathways which shall have a firm and even surface and shall , so far as reasonably practicable be kept free from obstruction.

Medical Examination.-

17.

(1) The occupier of every factory to which the Schedule applies , shall- (a) make arrangements of a qualified medical practitioner for medical surveillance of the workers employed therein ; and (b) provide to the said medical practitioner all the necessary facilities for the purpose referred to in clause(a) .

(2) Every worker employed in the process of this shedule shall be examined by a medical officer . He shall issue Fitness on form 28 .

(3) 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 form 29. The entry of his findings in those documents shall 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 मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 181) provided with alternate placement facility unless he is fully incapacitated in the opinion of the medical officer , in that case the person affected shall be suitably rehabilitated .

(4) 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 those processes .

(5) The record of the examinations shall be maintained and kept readily available for inspection by the Inspector cum facilitator and Medical Inspector cum facilitator .

18. Exemptions. If in respect of any factory the Chief Inspector cum facilitator is satisfied that owing to the exceptional circumstances or infrequency of the processes or for any other reason, all or any of the provisions of this schedule is not necessary forprotection of the workers in the factory, the Chief Inspector cum facilitator may by a certificate in writing, exempt such factory from all or any of such provisions subject to such condition, if any, he may specify therein .

121. Site Appraisal Committees.-

(1) The State Government may , for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory , appoint a Site Appraisal Committee consisting of (a) the Chief Inspector- cum- Facilitator of the State who shall be its Chairman;

(b) a representative of the State Pollution Board appointed under section 4 of the Water (Prevention and Control of Pollution ) Act, 1974 (6 of 1974 ) ;

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 182)

(c) a representative of the State Board for the Prevention and Control of Air Pollution referred to in section 5 of the Air (Prevention and Control of Pollution) Act, 1981 ( 14 of 1981 );

(d) a representative of the Department of Environment in the State;

(e) a representative of the Meteorological Department of the Government of India ;

(f) anexpert in the field of occupational health ; and

(g) a representative of the Town and country Planning Department of the State Government , and not more than five other members who may be co- opted by the State Government who shall be

(i) a scientist having specialised knowledge of the hazardous process which will be involved in the factory,

(ii) a representative of the local authority within whose jurisdiction the factory is to be established , and

(iii) not more than three other persons as deemed fit by the State Government .

(2) The Site Appraisal Committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the State Government within a period of ninety days of the receipt of such application in the prescribed form.

(3) Where any process relates to a factory owned or controlled by the Central Government or to a corporation or a company owned or controlled by the Central Government , the State Government shall 276( 183 )

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

co- opt in the Site Appraisal Committee a representative nominated by the Central Government as a member of that Committee .

(4) The Site Appraisal Committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process .

122. Form of application to Site appraisal application

Application to the Site Appraisal Committee

1. Name and address of the applicant :

2. Site Ownership Date :

(1) Revenue details of site such as survey No. , Plot No. etc.

(2) Whether the site is classified as forest and if so , whether approval of the Central Government under Section 5 of the Indian Forests Act, 1927 has been taken .

(3) Whether the proposed site attracts the provisions of Section 3 (2) (v) of the E.P.Act , 1986 , if so , the nature of the restrictions .

(4) Local authority under whose jurisdiction the site is located .

3. Site Plan :

(1) Site Plan with clear identification of boundaries and total area proposed to beoccupied and showing the following details nearby the proposed site :

(a) Historical monument , if any , in the vicinity.

(b) Names of neighbouring manufacturing units and human habitats , educational and training institutions , petrol installations , storages of LPG and other hazardous substances in the vicinity and their distances from the proposedunits.

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276(184)

(c) Water sources (rivers , streams , canals , dams , water filtration plants , etc. ) in the vicinity.

(

d) Nearest hospitals , fire - stations , civil defence stations and police stations and their distances .

(e) High tension electrical transmission lines , pipe lines for water , oil , gas or sewerage , railway lines , roads , stations , jetties and other similar installations .

(2) Details of soil conditions and depth at which hard strata obtained.

(3) Contour map of the area showing nearby hillocks and difference in levels .

(4) Plot Plan of the factory showing the entry and exit points, roads , within, water drains etc.

4. Project Report :

(1) A summary of the salient features of the Project .

Status of the organisation (Government , Semi- Government , Public or Private etc. ). (2)

Maximum number of persons likely to be working in the factory .

( 3)

( 4) Maximum amount of power and water requirements and source of theirsupply.

( 5) Block diagram of the buildings and installations , in the proposed supply.

(

6) Details of housing colony , hospital , school and other infrastructural facilities Proposed.

5. Organisation structure of the proposed manufacturing Unit/factory :

(1 ) Organisation diagrams of :

(a) Proposed enterprise in general .

(b ) Health , safety and environment protection departments and their linkage to operation and technical departments .

(2) Proposed Health and Safety Policy.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(185) (3) Area allocated for treatment of wastes and effluent .

(4) Percentage outlay on safety , health and environment protection measures .

6. Meteorological data relating to the site :

( 1 ) Average, minimum and maximum of-

(a) Temperature ;

(b) Humidity ;

(c) Wind velocities during the previous ten years .

(2) Seasonal variations of wind direction .

(3) Highest water level reached during the floods in the area recorded so far .

(4) Lightening and scigemic data of the area.

7. Communication links :

7(1) . Availability of telephone/ telex/ wireless and other communication facilities for outside communication .

7(2) . Internal communication facilities proposed .

8. Manufacturing Process Information:

(1) Process flow diagram.

(2) Briefwrite up on process and technology .

(3) Critical process parameters such pressure build - up , temperature rise and run - away reactions .

(4) Other external effects critical to the process having safety implications , such as ingress of moisture or water, contact with incompatible substances , sudden power failure.

(5) Highlights of the build - in safety/pollution control devices or measures / incorporated in the manufacturing technology .

Information of Hazardous Materials :

9.

(1) Raw materials , intermediates , products and by - products and their quantities (Enclose Material Safety Data Sheet in respect of each hazardous substance) .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(186)

(2) Main and intermediate storages proposed for raw materials / Intermediates / products /by products (maximum quantities to be stored at any time) .

(3) Transportation methods to be used for materials inflow and outlow, their quantities and likely routes to be followed .

(4) Safety measures proposed for-

handling or materials ;

- internal and external transportation , and disposal (packing forwarding of finished products ) .

10. Information on Disposal /Disposal of Wastes and Pollutions :

(1 ) Major pollutions (Gas , liquid, Solid) their characteristics and quantities (average and at peak loads ) .

(2) Quality and quantity of solid wastes generated method of their treatment and disposal .

(3) Air , water and soil pollution problems anticipated and the proposed measures to control the same , including treatment and disposal of effluent .

11. Process Hazards Information :

(1) Enclose a copy of the report on environmental impact assessment .

(2) Enclose a copy of the report on Risk Assessment study.

(3) Published (open or classified) reports , if any , on accident situations occupational health hazards or similar plants elsewhere (within or outside the country).

12. Information of proposed Safety and Occupational Health Measures :

(1) Details of fire fighting facilities and minimum quantity of water . CO2 and or other fire fighting measures needed to meet the emergencies .

Details of in - house medical facilities proposed.

(2)

13. Information on Emergency Preparedness 276 (187)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(1) Onsite emergency plan.

(2) Proposed arrangements , if any, for mutual aid scheme with the group of neighbouring factories .

14. Any other relevant information.

I certify that the information furnished above is correct to the best of my knowledge and nothing of importance has been concealed while furnishing it .

Name and signature of the applicant

123. Compulsory disclosure of information by occupier Manner of disclosing information-

The occupier of every factory involving a hazardous process shall disclose all the information regarding dangers , including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufacture , transportation , storage and other processes , to the workers employed in the factory , the Chief Inspector cum facilitator, the local authority within whose jurisdiction the factories situate and the general public in the vicinity in following manner : - .

(1) The occupier of a factory carrying on a 'hazardous process ' shall provide: -

(a) on- site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place . ( b) A list of 'hazardous processes ' carried on in the factory ;

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276( 188)

(b) detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector and the local authority and , thereafter , and after every 12 months , inform the Chief Inspector and the local authority of any change - made in the said policy;

(c) hazard evaluation studies like safety audit , fault free analysis , event free analysis Report of HAZOP study of all the hazardous processes and operations carried out after every twelve months (or as and when necessary in case of HAZOP ) by competent person .

(d) location and availability of all Material Safety Data Sheets of all he hazardous substances;

(e) physical and health hazards arising from the exposure to or handling of Substances ;

(f) measures taken by the occupier to ensure safety and control of physical and health hazards;

(g) measure to be taken ensure safe handling , storage and transportation of hazardous substances ;

(h) details of personal protective equipment provided in the factory;

(i) measures to be taken by the workers in case of any spillage or leakage of a hazardous substances ;

(j ) any other information considered necessary by the occupier to ensure safety and health of workers .

124. Health & safety policy

The employer shall send the revised updated health and policy at the interval of every two years , to the Chief Inspector cum facilitator .

Health and Safety Policy.- 276 ( 189)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(1) Occupier of every factory , except as provided for in sub - rule (2), shall prepare a written statement of his policy in respect of health and safety of workers at work .

(2) All factories employing, less than 50 workers ; - not covered in the First Schedule under Section 2 (za) of the code orcarrying out processes or operations declared to be dangerous under Section 82 of the code .

(3) Notwithstanding anything contained in sub - rule (2), the Chief Inspector- cum- Facilitator may require the occupiers of any of the factories or class or description of factories to comply with the requirements of sub -rule ( 1 ) , if, in his opinion , it is expedient to do so.

The Health and Safety Policy should contain or deal with-

(4)

(a) declared intention and commitment of the top management to health , safety and environment and compliance with all the relevant statutory requirements ;

(b) organisational set up to carry out the declared policy clearly assigning the responsibility at different levels ; and

arrangements for making the policy effective .

(c)

(5) Inparticular, the policy should specify the following : -

(a) arrangements for involving the workers ;

(b) intentions of taking into account the health and safety performance of individuals at different levels while considering their career advancement ;

(c) fixing the responsibility of contractors , sub - contractors , transporters and other agencies entering the premises ;

(d) providing a resume of health and safety performance of the factory in its Annual Report ;

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276(190)

(e) relevant techniques and methods , such as safety audits and risk assessment for periodical assessment of the status on health , safety and environment and taking all the remedial measures ;

(f) stating its intentions to integrate health and safety in all decisions including those dealing with purchases , of plant , equipment, machinery and material as well as selection and placement of personal ;

(g) arrangements for informating education and training and retraining its own employees at different levels and the public, wherever required.

(6) A copy of the declared Health and Safety Policy signed by the occupier shall be made available to the Inspector- cum- Facilitator having jurisdiction over the factory and to the Chief Inspector- cum- Facilitator .

(7) The policy shall be made widely know by

(a) making copies available to all workers including contract workers , apprentices , transport workers , suppliers , etc ;

(b) displaying copies of the policy at conspicuous places ; and

(c) any other means of communication in a language understood by majority of workers .

(8) The occupier shall revise the Safety Policy as often as may be appropriate, but it shall necessarily by revised under the following circumstances : -

(a) whenever any expansion or modification having implication on safety and health of persons at work is made ; or

(b) wherever new substance (s) or articles are introduced in the manufacturing process having implications on health and safety of person exposed to such substances .

276(191)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

125. Information to be furnished by Occupier of Hazardous process Industry to the Chief Inspector - cum - Facilitator

The Information desired under this Rule shall be furnished electronically in following manner:

Information to be furnished by Occupier of Hazardous process Industry to the Chief Inspector- cum- Facilitator

1. Name of Factory

2. Address

3. Product

4. Manufacturing process

5( a) Raw Material

(b) Name & Maximum storage Capacity

6(a) Finished Product

(b) Name & Maximum storage Capacity

7(a) Intermediate Products

(b) Name & Maximum storage Capacity

8. Hazards associated with the Factory

9. Safety Measures observed

10. Fire & Explosion risk

11. Details for disposal of hazardous waste

Signature of Occupier मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(192)

126. Information on industrial wastes : -

For the purpose of compliance with the requirements of provisions of section 84 and 85 of the code, the Chief Inspector cum facilitator, if deemed necessary , issue guidelines from time to time to the occupier of factories carrying on 'hazardous process' . Such guidelines may be based on National Standards , Codes of Practice or recommendations of International Bodies such as ILO ( Internal Labour Organization) andWHO (World Health Organization) .

127. Accessibility of Health record of workers exposing to hazards : -

The occupier of a factory carrying as' hazardous process' shall disclose all information needed for protecting safety and health of the workers to- (a) his workers ; and

(b) If Occupier of is of the factorya opinion that the disclosure of details regarding the process and formulations will adversely affect his business interests , he may make a representation to the Chief Inspector - cum - Facilitator stating the reasons for withholding such information . The Chief Inspector - cum -Facilitator shall give an opportunity to the occupier of being heard and pass an order. The occupier may prefer an appeal before the State Government within 30 days of receiving the order. The State Government shall give an opportunity to the occupier of being heard and pass an order. The order of the State Government shall be final .

128. Qualification of persons handling Hazardous Substances

(1) All persons who are required to supervise the handling of hazardous substances shall possess the following qualifications and experience : -

(a) Adegree in Chemistry or Diploma in Chemical Engineering or Technology with Syears experience ; or 276(193)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(b) A Master's Degree in Chemistry or a Degree in Chemical Engineering or Technology with 2 years experience.

(c) The experience stipulated above shall in process operation and maintenance in the Chemical Industry .

(2). The Chief Inspector may require the supervisor to undergo training in Health and Safety . The syllabus and duration of the training in health and safety and the organisation conducting the training shall be approved by the DGFASLI or the State Government in accordance with the guideline issued by the DGFASLI

129. Medical examination of workers

Workers employed in a ' hazardous process ' shall be medically examined by a medical officer in following manner : -

(1) Once before employment , to ascertain the health status of all the workers in respect of occupational health hazards to which they are exposed and in cases where in the opinion of the medical officer it is necessary to do so at a shorter interval in respect of any worker .

(2) The details of pre- employment and periodical medical examinations carried out as aforesaid shall be recorded in the Health Register Form 44 .

(3) No person shall be employed for the first time without a certificate of Fitness in form 43 granted by the medical Officer . If the medical officer declares a person unfit for being employed in any hazardous process covered under section 2(ZA) of the code , such a person shall have the right to appeal to the Inspector - cum Facilitator , who shall refer the matterto the medical inspector -cum- facilitator whose opinion shall be final in this regard . If the Inspector himself is also a medical officer , he may dispose of application himself.

(4) Any findings of the medical officer revealing any abnormality or unsuitability of any person employed in the process shall मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(194)

immediately be reported to the medical inspector- cum - facilitator who shall in turn , examine the concerned worker and communicate his findings to the occupier within 30 days . If the medical inspector- cum - facilitator is of the opinion that the worker so examined is required to be taken away from the process for health protection, he will direct the occupier accordingly , who shall not employ the said worker in the same process . However , the worker so taken away be provided with alternate placement unless he is fully incapacitated, in the opinion of the medical officer , in that case the worker effected shall be suitably rehabilitated :

Provided that the medical inspector- cum - facilitator on his own examine any worker when he considers it necessary to do so far ascertaining the suitability of his employment in the'hazardous process ' or for ascertaining the health states of any worker.

(5) The worker taken away from employment is any process under sub - rule (2) may be employed again in the same process only after obtaining the Fitness Certificate from the medical officer and after making entries to that effect is the Health Register .

(6) AnInspector may if he deems it necessary to do so , refer a worker to the medical officer or medical inspector - cum- facilitator for medical examination as required under sub -rule ( 1 ) .

(7) The worker required to undergo medical examination under these rules and for any medical survey conducted by or on before of the Central or the State Government shall not refuse to undergo such medical examination .

276(195)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

130. Permissible Levels of exposure of Chemical Substances in manufacturing process in a factory shall be as per the schedule below: -

SCHEDULE

Permissible Levels of Chemical and toxic Substances

Permissible limits of exposure

Substance

Short-term exposure S. No

limit(15min) *

Time-weighted average Concentration (8hrs )M

mg/m³**

Ppm

mg/m³ **

ppm

(6)

(5)

(4)

(3)

(2)

(1)

270

150

180

: 100

Acetaldehyde

1.

37

15

25

10

2. Acetic acid

2375

1000

1780

750

Acetone

3.

0.8

0.3

0.25

0.1

4. Acrolein

4.5

2

Acrylo nitrile -Skin

5.

0.25

Aldrin -skin

6.

6

2

3

1

Allylchloride

7.

27

35

18

25

8. Ammonia

10

2

Aniline - Skin

9.

0.5

0.1

10 .

Anisidine (o - p - isomers ) Skin

0.2

11.

Arsenic and Soluble com- pounds (as)

30

10

Benzene (S.C . )

12.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(196)

0.002

13 .

Beryllium and Compound (as Be) (S.C.)

3

1

Boron trifluoride -C

14.

2

0.3

0.7

0.1

Bromine

15.

1900

800

Butane

16.

835

300

590

200

17.

2-Butane ( methylethyl Ketone -MEK)

1950

200

710

150

n -Butyl acetate

18.

$150

50

n -Butyl alcohol - Skin - C

19.

'950

200

Sec./tert.Butyl acetate

20.

1.5

0.5

Butyl mercaptan

21.

:0.05

22

Cadmium dusts and salts (asCd )

2

Calcium oxide

23.

5

Carbaryl ( Sevin )

24.

0.1

Carbofuran ( Furadan )

25.

30

10

Carbon disulphide - Skin

26.

440

400

55

50

Carbon monoxide

27.

30

5

28.

Carbon tetrachloride Skin (S.C)

2

0.5

Chlordene -Skin

29.

9

3

3

1

Chlorine

30.

350

(75

Chlorobenzene

31.

276(197)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

Monochloro benzene)

50

10

32. Chloroform ( S.C. )

bis ( Chloromethyl ) ether

0.005

0.001

33 .

(H.C. )

acid and

Chromic

0.05

34.

chromates ( as Cr. )

0.5

35. Chromous salts ( as Cr ) : -

0.2

36. Copper Fume

0.2*

37. Cotton dust , raw *

22

5

38

Creosol , all isomers Skin

5

39. Cyanides (as CN ) -Skin

20

10

40. Cyanogen

1

41 .

DDT ( Dichlorodi phenyl trichloroethane )

0.1

0.01

42. Demeton -Skin

0.1

43. Diazinon - Skin

5

44. Dibutyl phthalate

1

0.1

45.

Dicholorvos (DDVP)- Skin

0.25

46. Dieldrin - Skin

(all

1

0.15

47.

Dinitrobenzene isomers ) -Skin मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(198)

1.5

Dinitrotoluene- Skin

48.

1.5

0.2

Diphenyl- (Biphenyl )

49.

Endosulfan ( Thiodan ) -

0.1

50 .

Skin

0.1

Endrin -Skin

51.

1400

400

Ethylacetate

52.

1900

1000

Ethyl alcohol

53.

18

10

54. Ethylamine

2.5

Fluorides ( as F )

55.

4

2

2

1

Fluorine

56.

3

2

1.5

1.0

Formaldehyde (S.C.)

57.

5

9

Formic acid

58.

1500

500

900

300

Gasoline

59.

0.1

0.1

Hydrazine- Skin ( S.C. )

60.

7

5

Hydrogen Chloride- C

61.

10

10

62.

Hydrogen Cyanide- Skin- C

Hydrogen flouride (as F )-

2.5

3

63.

C

1.5

1

Hydrogen peroxide

64.

21

15

14

10

Hydrogen sulphide

65.

1

0.1

Iodine -C

66.

5

fume

oxide

Iron

67.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(199) (Fe2O3 ) (as Fe)

525

100

Isoamyl acetate

68.

4500

125

360

100

Isomyl alcohol

69.

$150

50

Isobutyl alcohol

70.

0.15

71.

Lead , inorg Dusts , dusts and fumes (as Pb ) .

0.5

Lindane -Skin

72.

10

Malathion Skin

73.

5

74.

Manganese ( as Mn ) dust and compounds -C

3

1

): -

Manganese fume ( as Mn

75.

Mercury ( as Hg ) -Skin-

0.03

0.01

( i ) Alkyl compounds

76.

0.05

i

(ii) All forms except alkyl vapor

0.1

77.

Aryl and inorganic compounds

alcohol

310

250

260

200

78 .

Methyl (Methanol )-Skin

(2-

16

5

79.

Methyl Cellosolve Methoxy ethanol )-Skin

$300

75

205

50

Methyl isobutyl ketone

80.

0.05

0.02

Methyl isocyanate ketone

81.

75

15

50

10

Naphthalene

82.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(200)

0.35

0.05

83. Nickel carbonyl ( as Ni )

10

4

5

2

Nitric acid

84.

30

25

85. Nitric oxide

5

1

Nitrobenzene - Skin

86.

10

5

6

3

Nitrogen dioxide

87.

10

5

Oil mist - mineral

88.

0.6

0.3

0.2

0.1

Ozone

89.

0.1

Parathion- Skin

90.

19

5

Phenol - Skin

91.

0.2

0.05

Phorate ( Thimet )-Skin

92.

(Carbonyl

0.4

0.1

93.

Phosgene chloride)

1

1

0.4

0.3

94. Phosphine

3

1

Phosphoric acid

95.

0.1

Phosphorus (yellow)

96.

1

0.1

Phosphorus pentachloride

97.

3

0.5

1.5

0.2

Phosphorus trichloride

98.

0.3

0.1

Picric acid - Skin

99.

15

5

Pyridine

100.

Silane

(Silicon

7

5

101.

tetrahydride )

2

Sodium Hydroxide -C

102.

276(201)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

monomer

Styrene ,

425

100

215

50

103 .

(Phenyl-ethylene)

10

15

5

2

Sulphur dioxide

104.

6000

1000

Sulphur hexafluoride

105.

1

Sulphuric acid

106.

Tetraethyl lead (as Pb ) -

0.1

107.

Skin

560

150

375

100

Toluene ( Toluol )

108.

9

2

o- Toluidine -Skin ( S.C)

109.

2.5

0.2

Tributyl phosphate

110.

1080

200

270

:50

Trichloro -ethylene

111.

0.6

0.2

Uranium , natural ( as U)

112.

10

5

113. Vinyl chloride (H.C. )

5

Welding fumes

114.

655

150

435

100

Xylene ( o, m, p - isomers)

115.

Zinc oxide

10

5

( i) Fume

116.

10

(ii ) Dust

(Total dust)

10

5

117.

Zirconium compounds (as Zr)

ppm :Parts of vapor or gas per million parts of contaminated air by volume at 25° C and 760 mm of mercury

mg/ m³ : milligrams of substance per cubic meter of air .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(202)

* : Not more than 4 times a day with at least 60 min . interval between successive exposures .

** :mg/ m³ = Molecular weight

--x ppm

24.45

C : Denotes ceiling limit .

Skin: denotes potential contribution to the overall exposure by the cutaneous route including mucous membranes and eye.

S.C. denotes suspected human carcinogens .

H.C. denotes confirmed human carcinogens .

Substances

SPermissible time- weighted average concentration (TWA) (8 hours )

Silica, SiO2

(a) Crystalline

( i) Quartz

(1) In terms of dusts

10600 mppcm % Quartz +10

count

of 10 mg/ m²

(2) In terms

respirableQuartz +2

respirable dust

(3) In terms of total 30 mg/ m² %Quartz +3

dust

Half the limits given against quartz

(ii) Cristobalite

Half the limits given against quartz

(iii) Tridymite

Same limits as for quartz.

(iv) Silica, fused

Same limit as in formula in item (2) given against (v) Tripoll मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(203)

quartz

( b ) Amorphous silicate 10mg/ m³ , total dust

Asbestos ( H.C. )

* 2 fibers / ml , greater than 5 um in length and less than 3 um in breadth .

Portland cement

10 mg/ m³ , total dust containing less than 1 % quartz .

Coaldust

2 mg/ m³ , respirable dust fraction containing less than 5% quartz.

mppcm = Million particles per cubic meter of air , based on impinger samples counted by light- field techniques . * As determined by the membrane filter method at 400 -

450 x magnification (4 mm objective ) phase contrast illumination.

Respirable Dust :

Fraction passing a size - selector with the following characteristics:

Aerodynamic Diameter ( um)

: % passing selector

(Unit density sphere)

< 2

90

2.5

75

3.5

50

5.0

25

Rules prescribed under section 90 मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(204)

131. Appeal against the order of Inspector - cum - Facilitator : -

(1) Occupier and or manager of any factory aggrieved by an order by inspector- cum- facilitator may, within fifteen days from the date on which the order is communicated to him, may make an appeal before the Chief Inspector - cum- facilitator who shall , after giving the appellant an opportunity of being heard , dispose of the appeal as expeditiously as possible :

Provided that the Chief Inspector - cum- facilitator may entertain the appeal after the expiry of the said period of fifteen days , if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time .

An appeal presented under Section 90 of this code shall lie to the Chief Inspector - cum- facilitator; or in cases where the order appealed against , is an order passed by that officer , the State Government , and shall be in the form of a memorandum setting forthconcisely the grounds of objection to the order and bearing court fee stamp in accordance with Article 11 of Schedule II to the Court Fees Act , 1870 , and shall be accompanied by a copy of the order appealed against .

Appointment of assessors . On receipt of the memorandum of (2)

appeal theappellate authority shall , if it thinks fit or if the appellant has requested that appealshould be heard with the aid of assessors call upon the body declared under sub - rule (3 ) to be representative of the industry concerned, to appoint an assessor within aperiod of 14 days , if an assessor is nominated by such body , the appellate authority shall appoint a second successor itself. It shall then fix a date for the hearing of the appeal and shall give the notice of such date to the appellant and to the Inspector whose order is appealed 276 (205 )

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

against , and shall call upon the two assessors to appear upon such date to assist in the hearing of the appeal .

(3) The appellant shall state in the memorandum presented under sub- rule ( 1 ) whether he is a member of one or more of the following bodies . The body empowered to appoint the assessor shall-

(a) if the appellant is a member of one of such bodies , be that body;

(b) if he is a member of two such bodies , be the body which the appellant desiresshould appoint such assessor ; and

(c) if the appellant is not a member of any of the aforesaid bodies or if he does not state in the memorandum which of such bodies he desires , should appoint the assessor , be the body which the appellate authority as the best fitted to represent the industry concerned

(3 ) .

(4) Remuneration of assessors.- An assessor appointed in accordance with the provisions of sub - rules (2) and (3 ) shall receive for the hearing of the appeal a fee tobe fixed by the appellant authority , subject to a maximum of fifty rupees per diem . Fieshall also receive the actual travelling expenses . The fees and travelling expenses shall be paid to the assessor by Government, but where assessors have beenappointed at the request of the appellant and the appeal has been decided wholly orpartly against him , the appellate authority may direct that the fees and travelling expenses of the assessor shall be paid in whole or in part by the appellant .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(206)

Plantation

(Rules 132 to 147prescribed under section 92,93 )

132. Housing accommodation for workers . -Every employer shall provide for workers and his family residing in a plantation , housing accommodation as near as possible to the place of work .

133. Standard and specification of housing accommodation . -All housing accommodation for workers in a plantation shall have separate rooms for women employees . Effective and suitable provision shall be made in every room for securing and maintaining adequate ventilation by the circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting . The rooms or other suitable alternative accommodation shall be of such dimensions so as to provide at least a floor area of 10 square meters excluding area of kitchen and toilet for each person making use of the room . The accommodations shall be so constructed as to afford adequate protection against heat , wind, rain and shall have smooth , hard and impervious floor surface .

134. Sites for housing accommodation.-

(1) The housing accommodation shall be provided on dry well - drained land which , consistent with the requirement regarding distance from the plantation , has supplies of wholesome drinking water within a reasonable distance . In materials tracts , the houses shall be provided at a safe distance from the swamps and marshes and above the highest flood level .

(2) Adequate lighting arrangements shall be provided in and around the area in which housing accommodation is provided .

(3) The employer shall maintain in good condition the approach roads and paths to the area where houses are located as also the sewers 276(207)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

and drains in that area .

(4) The employer shall not deny to the public free access to those parts ofthe Plantation where the workers are housed .

(5) The employer shall cause the vicinity of all houses to be kept clear of refuse and excreta and the latrines and drains to be cleaned out daily and all refuse in or near them to be collected , removed and disposed of hygienically.

135. Maintenance of houses.-

(1) The employer shall , at his own expenses , maintain all houses provided for accommodation of workers in a fit and safe condition and execute annual and such other repairs as may be necessary from time to time .

(2) Aworker occupying a house may , and an Inspector- cum - Facilitator appointed under the Code shall , bring to the notice of the employer any defects in the condition of a house which make it dangerous to the health and safety of the worker . Where an Inspector - cum- Facilitator brings any such defects to notice , it shall be the duty of the employer to rectify them with the least possible delay .

(3) The employer shall get all the houses lime- washed at least once every year and all the doors , windows and other wooden structures varnished or painted once in three years . A record of dates on which lime-washing or painting was carried out shall be maintained in a register in Form 10electronically .

136. Accommodation to be rent free . No rent shall be charged by an employer for the housing accommodation provided to workers and their families residing in his plantation .

Every employer of the plantation wherein fifty or more workers (including workers employed by any contractor) are employed or were employed on मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(208)

any day of the preceding twelve months , shall provide crèches facilities .

137. Educational facilities for worker's children . ( a ) Every employer shall if the number of worker's children between the ages of six to twelve in his plantation exceeds 25 , provide and maintain a Primary School or Schools for imparting Primary education to the children .

Every employer of Plantation shall providea hospital in his plantation . There shall be two types of hospitals in plantations , viz , Garden Hospitals and Group Hospitals- ( i ) Garden Hospitals will deal with out- patients , in-patients not requiring any elaborate diagnosis and treatment , infectious cases , midwifery, simple prenatal and postnatal care of infants and children and periodical inspection of workers . Group Hospitals shall be capable of dealing efficiently with all types of cases normally encountered but will not be used for routine treatment . Admission to Group Hospitals shall be only on the recommendation of a garden hospital doctor. Equipment and drugs.- Every dispensary , garden hospital and group hospital shall maintain such equipment and drugs , etc. , as may be specified by the State Government . (c) . Medical records.- The Medical Officer- in- charge of each dispensary , garden or group hospital shall maintain medical record in respect of every patient as may be prescribed by the State Government for the purpose ; and (2) comply with such regulations as may be made by the State Government in respect of medical stores rule .

138. Recreational facilities.-

(1) Every employers shall provide and maintain-

(i) Recreation Centre to the scale of one for every one hundred and seventy - five families of resident workers or part thereof with provision for a radio and television set and indoor games for adult workers and children as specified by the 276(209)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

Labour Commissioner of the state with prior approval of the State Government subject to there being at least one centre for each Plantation or out garden thereof; "

(ii) where adequate flat open space is available within a reasonable distance , a playground or playgrounds for adult and child workers with necessary sports equipment for out- door games:

(2) Every recreation centre to be provided and maintained shall be conveniently situated as near as possible to the workers quarters .

139. Uses , handling , transport and storage of insecticides , pesticides , chemical and toxic substances within the plantation.-

(1) No insecticides , pesticides , chemical and toxic substances shall be transported or stored in such a way as to come into direct contact with foodstuffs or animal feeds or drinking water .

(2) If any insecticide , pesticides , chemicals and toxic substances are found to be leaked out in transport or storage , it shall be the responsibility of the employer to take such measures urgently to prevent poisoning and pollution of soil or water, if any .

The packages containing insecticide, pesticides , chemicals and toxic substances shall be stored in separate rooms or premises away from the rooms or premises used for storing such articles or shall be kept in separate almirahs under lock and key depending upon the quantity and nature of the insecticides . (3)

(4) The rooms or premises meant for storing insecticide , pesticides , chemical and toxic substances shall be well built, dry , well lit and ventilated with sufficient dimension .

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276 ( 210)

140. Prohibition or restriction on employment of women and adolescent workers in handling insecticides , chemicals and toxic substances.- No women worker or adolescent worker shall be permitted to be engaged in handling or storage or transport of insecticide , pesticide , chemicals and toxic substances

141. Appointment and qualification of Supervisors . The use , handling, storage and transportation of insecticides , chemicals and toxic substances shall be supervised by a competent person who should possess the following qualifications.-

(i) He shall be a graduate in Agriculture or in Science or he shall possess a Certificate Course on handling of chemicals and toxic substances conducted by the recognized institutes .

(ii) He should be given training from a designated Training Institute ; and

(

iii) He should also possess a valid certificate from a recognized institute for giving first aid treatment to workers .

142. Training of Workers.-

(

1) The workers involved in handling insecticides , chemicals , arid toxic substances shall be arranged for suitable training in observing safety precautions and handling safety equipment provided to them in the institutes notified by the State Government from time to time.

(2

) All the workers who apply , handle , transport or come into contact with agrochemicals or other chemical substances must be trained in at least in the following subjects .---

General occupational health ;

(i)

( ii ) Formulations , names , and the biocide action of the substances used in the case of pesticides;

276(211)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(iii) Correct use of personal protective clothing and equipment ;

(iv) Preventive measures and measures for reducing damage to health and the environment, caused by the chemical substances , equipment , techniques , signage , medical examination, etc. ,

(v) Emergency procedures , first aid and medical attention for cases involving poisoning or undue contact with chemical substances;

(vi) Techniques for handling chemical substances and for the correct application of agro chemicals ;

(vii) Secure handling and transportation of agro - chemicals for drivers; and

(viii) Other necessary training suitable for the plantation .

143. Periodic medical examination to the workers.-

(1) Every worker who is engaged in the work of handling, dealing, or spraying or mixing insecticides , chemical and toxic substances shall be medically examined initially at the time of employment and thereafter once in six months in the hospitals notified in this behalf.

(2) The medical examination and tests shall be recorded as per the formate 7.

(3) Any person showing symptoms of poisoning shall be immediately examined and given proper treatment .

144. Maintenance of health record . Every employer shall maintain a health record of every worker such as annual medical examination or any other examination when required shall be kept in plantation and every such worker shall have access to such record .

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(212)

145. Washing, bathing and cloak room facilities.-

(1) Every employer shall provide washing, bathing and cloak room facilities to the workmen , who are employed in handling insecticides , pesticides , chemicals and toxic substances .

(2) Protective clothing and equipment.-

(a) Persons handling insecticides , chemicals and toxic substances during its operation , distribution , mixing , spraying shall be adequately protected with appropriate clothing .

(b) The- protective clothing shall be made of materials which prevent or resist the penetration of any form of insecticide , chemical and toxic formulations . The materials shall also be washable so that the toxic elements may be removed after each use .

(c) A complete suit of protective clothing shall consist of the following dresses , namely.-

(i) Protective onter garment with hat .

(ii ) Rubber gloves or such other protective gloves extend way up to the fore arm made of materials impermeable to liquids .

( iii) Dust proof goggles .

(iv) Boots .

(v) Reusable cloth masks .

146. Display of list of insecticides , pesticides , chemicals and toxic substances . Every employer shall display in plantations the list of insecticides , chemicals and toxic substances as notified by the Central Government, from time to time, under the insecticides Act , 1968 ( Central Act 46 of 1968 ) .

147. Precautionary notices . Every employer in the plantations shall display the following precautionary notices at or near the place where the insecticides , chemicals and toxic substances are handled.- 276 (213)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(i) Use protective clothing like overalls , gloves , rubber gum - boots and wide brimmed hats .

(ii) Do not wear clothes contaminated with insecticides and pesticides .

(iii ) Clean the protective clothing by washing with soap and water.

(iv) Do not allow children , sick persons and pregnant women and nursing mothers to handle insecticides and pesticides .

(v) Do not eat , drink , smoke or chew while handiing insecticides and pesticides.

(vi) Never blowout clogged nozzles with your mouth.

(vii) Do not use leaking sprayers . Avoid contamination of the skin , mouth and eyes .

(viii ) Do not inhale the insecticides unattended in the fields .

(ix) Never spray insecticides and pesticides against the wind.

(x) Do not leave insecticides and pesticides unattended in the fields .

(xi) Do not allow humans and livestock to enter the insecticides and pesticides sprayed fields for a period of time , suggested by the manufacturers .

(xii ) Do not wash insecticides and pesticides containers near a well or running stream .

(xiii ) Keep clean water , soaps and towels ready for use .

(xiv) Wash hands and exposed skin thoroughly with soap and water before eating , drinking, smoking or, chewing and after work.

(xv) Keep the insecticides and pesticides locked in the store room and out of reach of children and other unauthorized persons .

(xvi) Do not enter the sprayed field. Follow the re - entry periods for all insecticides and pesticides including herbicides , suggested by the manufacturers .

(xvii ) Keep insecticides and pesticides in their original, labeled containers .

(xviii ) Do not decant insecticides and pesticides into unlabeled containers except for immediate use .

(xix) Dispose the containers safely after thoroughly emptying and washing . They may be buried in a place away from a water source.

(xx) Never reuse the container for any other purposes if it is impossible to remove the traces of insecticides and pesticides from the containers .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(214)

CHAPTER X

Offence and penalities

148. under Section - 111

Power of officers of appropriate government to impose penalty in certain cases

(1) The officer appointed by the state government for holding enquiry for the wpurpose of imposing penalty in following manner-

(a) Upon receiving details of violations of provisions as mentioned in Section 111 (1 ) from Inspector cum facilitator of concerned jurisdiction , the officer holding enquiry will summon for attendance of the employer /Manager and the Inspector- cum - facilitator for giving evidence and producing relevant documents of the enquiry .

(b) After hearing the officer shall note proceedings and within 7 days time and shall pass an order of penalty or discharge the employer /Manager stating reasons in the order . Copy of the order shall be delievered to both the parties electronically.

(2) Any person aggrieved by an order made by the officer may prefer an appeal before the Labour Commissioner . The appeal shall be made within 60 days of receipt of copy of the order of officer .

Form of appeal .

Appeal against the order passed by officer shall be made & should comprise of 1. Order of penalty imposed by the said order

2. Ground on which impugned order needs to be quashed

3. Desired to be Relief

4. Challan of fees notified from time to time मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(215) 149. Composition of certain offences

Manner of compounding of offences by the authorized officer specified under sub - section ( 1) of section114.

(1) The officer notified by the state government for the purposes of compounding of offences under sub - section ( 1 ) of section 114 shall issue electronically a compounding notice for the offences which are compoundable under sub - section ( 1) of section 114.

(2) The person so noticed may apply to the officer electronically and deposit the entire compounding amount by electronic transfer or otherwise , within fifteen days of the receipt of the notice .

(3) The Compounding Officer shall issue a compounding certificate within ten days of receipt of the compounding amount , to such person from whom such amount has been received in satisfaction ofthe compounding notice.

(4) If a person so noticed fails to deposit the composition amount within one months before the institution of prosecution , the prosecution shall be procceded with before the competent Court .

(5) No prosecution shall be instituted without giving an opportunity to the employer to comply with such provisions subjected to proviso of sub - section ( 1 ) of Section 110 and compounding as under Section 114.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(216)

CHAPTER XI

Miscellaneous

Rules prescribed under section 121 ( 2 )

Rule 150 - Manner of survey on situation relating safety and health

The Chief Inspector- cum- Facilitator, officer or the committee so appointed by state government to undertake survey in accordance with provisions of section 121 (2 ) of the code , may , at any time during the normal working hours of an establishment , or at any other time as is found by him or the committee to be necessary , after giving notice in writing to the employer or manager of the establishment or any other person who for the time being purports to be in charge of the establishment , undertake survey relating to safety and health in the establishment and outside .

(1) Employer or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey.

(2) For the purpose of facilitating surveys every worker and person in near vicinity , if so required by the person conducting the survey , present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession and relevant to the survey.

(3) Any time spent by a worker for undergoing medical examination or furnishing information under sub rule (2) shall , for the purpose of calculating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the establishment .

276(217)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

Form 1

(Prescribed under Rule 3 )

Application for approval of plans and for permission to construct/ extend /or take into use any building as a factory

1. Name of Factory

2. Address of the applicant on regard... which he desires to be communicated in this 3. Full name and postal address of factory .

4. Situation of the factory located/to be located on in Road/Railway at................ town/village ...... of Tehsil ....... District ...

5. The manufacturing process :

(A) be carried ( ifto description) . new factory) /being carried ( if exist ) . (give (B) Whether it involves hazardous processes as interpreted under Section 2 (za) ( give details).

(C) Whether it involves wholly or partly any dangerous operations as declared under Section 82 (give details ) .

(D) If yes for (c ) and ( D) , whether provisions of installation/arrangements to be made according to the relevant Schedule have been incorporated in the plan ........

6. (A) Number of workers to be employed in the factory .

(B) Whether provision of amenities and facilities required to all workers according to the Code and the Rules made thereunder have been taken care of in the plans .

7. (A) Whether lifts /hoists/lifting machines of any kind installed /to be installed in the plans (give details ) ....

(B) If yes for (A) whether provisions according to the Code and the Rules thereunder, have been taken care of in the plan (give details) .

8. (A) Whether any worker will be required to work at different floors or at a height from where he is likely to fall or work at a congested place due to machines or fittings or in a confined space, pit or sumps ? ( give details) .........

(B) If so , whether provision of arrangements to be made for access , escape and ensure safety , in accordance to the Code and the Rules thereunder have been taken care of in the plans ? (give details) .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(218)

9. Whether there is any possibility of escape of dangerous fumes /gases or explosion ?

If so whether provision on suitable arrangements to be made according to the Code and Rules thereunder have been taken care of in the plans ? (give details ) .

10. What materials are used/to be used for construction of:

(a) Building (give details ) .

(b) Roofing (give details) .

11. Particulars of the drawings submitted alongwith particulars of informationsubmitted according to the requirement of Rules -

(1)

(2)

Date ................. Signature of the Occupier 276(219)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

Form 2

[Prescribed under Rule 3 (4) ]

Certificate of Stability

1. Name of the factory .

2. Village, town and district in which the factory is situated .

3. Full postal address of the factory .

4. Name of the occupier of the factory .

5.Name of manufacturing process to be carried on in the factory.

6.Number of floors on which workers will be employed .

7. Material of construction . Walls roof etc.

8. Number of buildings/ structures, give details:

(a) Constructed area on ground floor

(b) Total Constructed area and height of each floor

9. Tests were applied; -

(a) Rebound Hammer test

(b) Ultrasonic pulse velocity test

(c) any other tests ; namely

10. Details of examination of steel structures and sheet roofing :

(a) high raised chimney: state it is self supported or tied by tensioning ropes ; are the tensioning ropes/ foundation fastening safe and in good state :

(b) Observation regarding steel structures , if any :

(c) Observation regarding stability of sheet roofing ; ifprovided

11. Defects / requirement of repair if any;

dated ............. and This is certified that I have inspected the building/ buildings the plans of which have been approved by the Chief Inspector cum facilitator in his letter No .. examined the various parts including the foundations with special reference to the machine , plant etc. , that have been installed. I am of the opinion that the building /buildings which has /have been constructed/reconstructed /extended/taken into use is/are in accordance with the plans approved by the Chief Inspector in his letter mentioned above, that it/they is / are structurally sound and that its/their stability will not been endangered by its/their use as a factory/part of a factory for the manufacture of..........for which the machinery, plant, etc. installed are intended.

Signature .

Qualification .

Address .

Date ..

Certification No....... date

of competency issued by Chief Inspector cum facilitator. If employed by a company or a association , name and address of the company or association .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(220)

FORM - 3

(SeeRule -3)

Application for Registration for existing establishments /New Establishment/Amendment to certificate of Registration

A. Establishment Details .

1. Retrieve details of Establishment through LIN:

2. Name of Establishment :

3. Location and Address of the Establishment :

4. Others details of Establishment :

(a) Total Number of employees engaged directly in the establishment :

(b) Total Number of the contract employees engaged:

(c) Total Number of Inter- State Migrant workers employed:

5 ( a) For factories :

Details of the manufacturing process

Name ofthe chemicals to be handled and stored along with quantity

Maximum number of workers to be employed onany day

Name and

address of

the occupier

and

manager

Full postal address and situation of the factory along withplan approval details

5

4

3

2

5 (b ) For Plantation:

Total area of plantation in hectares

Name and address of theemployer

Name ofthe hazardous chemicals , insecticides,

Full name and

residential address

(es) ofthe

Directors in case

Maximum number of workers to be employed 276(221)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

on any day

ofa Company

pesticides to be handled and stored along with quantity

5

4

3

2

1

5(c) For Motor transport undertaking :

Name

Total rout

address

mileage

Total number of routes

Full name and residential address (es) of the Directors in case of a Company

and of the employer

Total number of transport vehicles on the last date of the preceding year

Nature of motor transport service e.g. city service, long distance passenger service ,long

distance

Maximum number of motor transport workers cmployed on any day during the preceding year

freight

service

7

6

5

4

2

3

1

5 (d) For Beedi and Cigar work :

Previous

Whether the proposed site of the industrial premises amounts to the alteration of the

Value of beedis or cigars or both manufactured at the industrial premises during the preceding

experience

ofthe

employer

Whether the employer is a trademark holder registered

employer e.g. '(particulars and Financial resources of मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(222)

inthe industry

under the Trade and Merchandise Marks Act , 1958

value of movable and immovable properties, bank reference, income tax assessment etc.)

3

2

1

Source of obtaining tobacco

Whether any industrial premiseswas closed by the applicant during the period of twelve months immediately precedingthe dateof the application and , if so , the reasons therefore

Whether the beedis or cigars or both manufactured by the applicant will be sold and marketed by himself or through a proprietor or a registered user of a trade mark registered under the Trade and Merchandise Marks Act, 1958, or any other person .

8

7

6

5 (e ) For building and other construction work :

financial year

site of any existing industrial premises and, if so, the reasons for such alteration

5

4

Maximum number of Employed to be employed on any day

Full name and residential address (es) of the Directors in case of a Company

10

9

Details of approval of the local authority

Expected period for

completion of work

Probable period of commencement of work Type of Construction work

2

1

4

3 276(223 )

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

5(f) For Audio -visual production

Maximum number of audio- visual

Name and address of

workers to be employed

the producer/Producers of the

on any day

production house

2

1

5(g) For Contract work

Name and address of

Contractor

Maximum No. of

Contract labour to be

engaged

2

1

6. Ownership Type/Sector :

7.Activity as per National Industrial Classification:

8. Details of Selected NIC Code:

9. Identification of the establishment e - sign/ digital sign of employer/ representative:

B. Details of Employer : -

1. Name & Address of Employer / Occupier / Owner / Chief Executive/ etc :

2.Designation:

3. Father's / Husband's Name of the Employer:

4. Email Address , Telephone & Mobile No :

C. Manager Details

1. Full name & Address of Manager or person responsible for supervision and control ofthe Establishment

2. Address of Manager:

3. Email Address , Telephone & Mobile No :

D. Contractor Details :

Date of

Email

Name of Work

Name and Address Contractor

address& Mobile of Contractor

Commencement / Probable date of Completion of work

Maximum No. of Contract labour engaged

5

4

2

3

1

F. Others Details: -

Signature/ E-sign/digital sign of employer

Dated:-

Place:-

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(224)

FORM - 4

(See Rule -3 (1 ) )

Certificate of Registration of Establishment

Date

Registration No.

A Certificate of registration containing the following particulars is hereby granted under sub section (2) of section 3 of the Occupational Safety , Health and Working Conditions Code , 2020 ( .... of 2020 )

to .

(Name of the establishment )

1. Nature of work carried on in the establishment ( Please tick mark)

(b) plantation

(a) Factory

(d) Contract Work .

(c) Motor transport undertaking

(e) Building and Other Construction Works

(f) Beedi and cigar work (g ) Audio- visual production

(h) any other work ( not covered above )

2. Details of the establishment:

(a) Total Number of employees engaged directly in the establishment :

(b) Total Number of the employees engaged through contractor

(c) Total Number of Contractors and their details :

(d) Number of inter- state migrant workers engaged:

5 (a) For factories:

Maximum number of

Name and address

Full postal

workers to be employed onanyday

Details of the manufacturing process

of

the occupier and

manager

situation of the address and factory along withplan approval details

4

2

3

1

5 (b ) For Plantation:

276(225)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

Maximum number of workers to be employed onany day

Name and address of theemployer

Full name and residential address (es) of the Directors in case of a Company

Total area of plantation in hectares

4

3

2

1

5 (c) For Motor transport undertaking:

Total rout mileage

Total number of routes

Full name and residential address ( es) of the Directors in case of a Company

Name and address of the employer

Total number of transport vehicles on the last date of the preceding year

Maximum number of motor transport workers employed on any day during the preceding year

Nature of motor transport service e.g. city service, long distance passenger service ,long distance freight service

7

6

5

4

3

2

1

5 (d) For Beedi and Cigar work :

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(226)

Value of beedis or cigars or both manufactured at the industrial premises during the preceding financial year

Previous

experience

ofthe

employer

inthe

industry

Whether the employer is a trademark holder registered under the Trade and Merchandise Marks Act , 1958

Whether the proposed site of the industrial premises amounts to the alteration of the site ofany existing industrial premises and, if so, the reasons for such alteration

Financial resources of employer e.g. '(particulars and value of movable and immovable properties, bank reference , income tax assessment etc.)

5

4

3

2

1

Source of obtaining tobacco

Maximum number of Employedto be employed on anyday

Full name and residential address ( es ) of the Directors in case of a Company

Whether any industrial premises was closed by the applicant during theperiod of twelve months immediately preceding the date of the application and, if so , the reasons therefore

Whether the beedis or cigars or both manufactured by the applicant will be sold and marketed by himself or through a proprietor or a registered user of a trade mark registered under the Trade and Merchandise Marks Act, 1958 , or any other person .

10

9

8

7

6

5 ( e) For building and other construction work:

Details of approval of the local authority

Expected period for completion of work

Type of Construction

Probable period of commencement of work 276 ( 227)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

work

4

3

2

1

5(f) For Audio -visual production

Maximum number of audio- visual

Name and address of

workers to be employed

onany day

the producer /Producers of the production house

2

1

5(g) For Contract work

Maximum No. of

Name and address of

Contract labour to be

Contractor

engaged

2

1

4.Amount of registration fee paid .....

5. Remarks of registering officers

Signature E - Sign /DSC of Registering Officer along with designation

Place:

Date:

Conditions of Registration

(1). Every certificate of registration issued under rule 4 shall be subject to the following conditions, namely:

(a).the certificate of registration shall be non - transferable ;

(b) the number of workers employed in an establishment directly and contract employees shall not, onany day, exceed the maximum number specified in the certificate of registration ; and

(c) Save as provided in these rules, the fees paid for the grant of registration certificate shall be nonrefundable .

(2) The employer shall intimate the change , if any, in the number of workers or the conditions ofwork to the registering officer within 30 days

(3) The employer shall , within thirty days of the commencement and completion of any work , intimate to the Inspector- cum- Facilitator, having jurisdiction in the area where the proposed establishment or as the case may be work is to be executed, intimating the actual date of the commencement or , asthe case may be, completion of establishment such work in Form IV annexed to these rules electronically.

(4) A copy of the certificate of registration shall be displayed at the conspicuous places at the premises where the work is being carried on .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(228)

Form -5

[Sec rule 13 ]

Register of Establishments

Register of Establishments

Remark Nature of work

Sr. No

Registrat ionNo. and Date

Total number of contact workers

Total number of workers and Total Horsepow er ( if any)

Name , address and contact details of employer

Name and

address

location of

the

establishm

ent

registered

(10)

(9)

(8)

(5)

(4)

(3)

(2)

(1)

(a) Factories

(b) Building and other Construction work

(c) contract work

(d) Plantation

(e) Beedi and Cigar work

(f) Audio-visual work

(g) Motor transport undertaking

(h) Any other work

(notcovered above) 276(229)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

FORM - 6

(See Rule- 14)

A- Notice of Commencement / cessation of Establishment :

1. Registration No:

2. Name and Address of Establishment: -

3. Name & Designation of employer/ Port authority (who has ultimate control over the affairs ofthe establishment : -

4. Full address to which communication relating to the establishment to be sent : -

5. Nature of work of the establishment : -

6. In case of the notice is for commencement of work the approximate duration of work: - 7. in case of cessation , the date of cessation:

I /We hereby intimate that the work of establishment having registration No. to .dated commence/cessation is likely to be completed with effect from (Date)/ On islikely (Date)

In case of cessation of work:

I/wehereby certify that the payment of all dues to the workers employed in the establishment have been made and the premises are kept free from storage of hazardous chemicals and substances .

Signature of the Employer

To,

The Inspector-cum-Facilitator .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 (230)

FORM- 7

(Rule-21 )

The medical examination shall be conducted by a qualified medical practitioner as per

following proforma

A. Demographics:

Answer

Question

Remarks

Name ofthe Worker:

Age:

Permanent Address

Gender:

Total Number of family Members

Total monthly family Income:

Yes/ No

Is the employee under ESI ( Employees ' State Insurance) Scheme ? If yes , provide IP Number

Yes/No

Is the employee under any other health scheme apart

from ESI - Scheme ? ( If yes , provide the name of the scheme)

B. Occupational History

Remarks

Answer

Question

Present Designation :

Work Profile

Duration of service in the present work profile

Working Hours per shift:

Night Shift Per Week

Night Shift per Month मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(231) C. Brief Review of Medical History : Diagnosed previously or currently under treatment or Currentlysuffering from

Remarks

Answer ( Yes /No)

Question

Anaemia

Jaundice

Asthma

COPD

History of Any other Lung Disease : ( If Yes , Please Specify)

Vertigo /Dizziness

Diabetes Mellitus

Hypertension

Any Cancer ( If Yes , Please Specify the Cancer)

Chronic Low Back Pain

Chronic Pain in hand or Elbow

Hernia

Hydrocele

Varicose Vein

Haemorrhoids

History of amputation /fracture/dislocation injury during work ( If Yes , please specify)

Dermatitis ( If Yes , specify Site )

Hearing Impairment मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(232)

Visual Impairment

AnyMajor Illness requiring hospitalization in last 1 year

(IfYes, Name of the Disease )

Occupational Injury in Last 1 year: if yes Specify the

Location of injury and frequency

D. Current Symptoms - Diseases Module

Remarks

Answer (Yes/No )

Question

Smoking habit

Chewing Tobacco or Pan Masala or Gutkha:

Alcohol Addiction

Dermatosis ( Irritant Contact

Dermatitis/Eczema /Chloracne / Allergic Contact Dermatitis):

Mucosal Irritation of eyes /Nose / Throat with response to chemical agent or biological agent :

Symptoms like Respiratory Difficulty/ Chest Tightness

Dry Cough at beginning of shift:

Currently suffering from TB:

Jaundice or Hepatitis

Currently suffering from Low Back Pain

/Pain in hand or Elbow:

/Visual Problems

/Hearing Problems मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(233) Any current injury (amputation/ fracture/ dislocation)

E. Physical Examination

Date of Examination :

Remarks Question

Answer (Yes /No ) or as appropriate

General Skin Condition: ( If Any Dermatitis ,

pleasemention its location)

Weight (in Kg):

Height ( in Meter)

Temperature ( OF ) ;

BP:

Pulse:

SpO2:

Respiratory Rate :

Examination of Breast of female -employee

F. Investigation Report

Routine Blood Investigation : Attach the photocopy of the report

Blood Grouping & Rh Typing and HB Electrophoresis Once in a lifetime

Value

Parameter Answer

(Normal/Increase/Decrease )

Hb%:

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(234)

Total WBC Count and

Differential Count:

Platelet Count

ESR:

FBS:

PPBS:

HBAIC level

BUN:

Creatinine:

Total Protein

Albumin

Globulin

SGOT

SGPT

Bilirubin

Urine RE

Urine ME

Prostate Specific Antigen ( PSA)

G. Standard Chest X Ray ( PA ) View: attach the photocopy of the report

Date

Answer

Value( if any importante)

Parameter

(Normal /Abnormal)

Report

H. Eye Examination : attach the photocopy of the report

Date:

I. lead ECG and Echocardiography: Final Report

J. Any other information/ examination /biological investigation/ test as mutually agreed by the Occupier and qualified medical practitioner.

Signature 276(235)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

Form 8

[Prescribed under Rule 21 ]

NOTICE OF ACCIDENT OR DANGEROUS

E.S.I.C. Insurance Number of the injured person :

E.S. I.C. Employer's Code number :

1. Name of employer :

2.Address of works / premises where the accident or dangerous occurrence took place :

3.Nature of industry and LIN of the establishment :

4.Branch or department and exact place where the accident or dangerous occurrence took place :

5. Name and address of the injured person :

( c) Occupation of the injured person :

6. ( a) Sex: (b ) Age (at the last birthday) :

7. Local E.S.I.C. Office to which the injured person is attached :

8. Date , shift and hour of accident or dangerous occurrence :

9.(a) Hour at which the injured person started work on the day of accident or dangerous occurrence :

(b) whether wages in full or part are payable to him for the day of the accident or dangerous occurrence :

10. ( a) Cause or nature of accident or dangerous occurrence

(b) If caused by machinery- ( i ) Give the name of machine and the part causing the accident or dangerous occurrence : (ii ) state whether it was moved by mechanical power at the time of accident or dangerous occurrence :

(c) State exactly what the injured person was doing at the time of accident or dangerous occurrence :

(d) In your opinion , was the injured person at the time of accident or dangerous occurrence -

(i) acting in contravention of provisions of any law applicable to him; or

(ii) acting in contravention of any orders given by or on behalf of his employer ; or ( iii ) acting without instructions from his employer ?

(e) In case reply to ( d ) ( i ) , ( ii ) or ( iii ) is in the affirmative , state whether the act was done for the purpose of and in connection with the employer's trade or business .:

11. In case the accident or dangerous occurrence took place while travelling in the employer's transport , state whether -

(a) the injured person was travelling as a passenger to or from his place of works; :

(b) the injured person was travelling with the express or implied permission of his employer ; :

(c) the transport is being operated by or on behalf of the employer or some other person by whom it . is provided in pursuance of arrangements made with the employer ; and :

(d)the vehicle is being/not being operated in the ordinary course of public transport service:

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(236)

12. In case the accident or dangerous occurrence took place while meeting emergency , state- ( a) its nature ; and (b) whether the injured person at the time of accident or dangerous occurrence was employed for the purpose of his employer's trade or business in or about the premises at which the accident or dangerous occurrence took place .:

13. Describe briefly how the accident or dangerous occurrence took place :

(14) .Names and addresses of witnesses : ( 1 ) ( 2)

15. ( a) Nature and extent of injury (e.g. fatal , loss of finger , fracture of leg , scald , scratch followed by sepsis , etc.) : ( b) Location of injury ( e.g. right leg, left hand , left eye , etc. )

16. (a) If the accident or dangerous occurrence was not fatal , state whether the injured person was disabled for more than 48 hours : (b) date and hour of return of work :

17. (a) Physician , dispensary or hospital from whom or which the injured person received or is receiving treatment : ( b ) Name of dispensary/panel doctor elected by the injured person :

18. (a) Has the injured person died ?: (b) If so , date of death :

I certify that to the best of my knowledge and belief the above particulars are correct in every respect . Signature and Name and Designation of owner / employer /manager

Date of dispatch of report : Plac 276(237)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

FORM-9

(Seerule 64)

NOTICE OF PERIODS OF WORK

.district .

Place

Name of the Establishment

Descrip Remarks

Woman

Man

Period

Total no. of women employed

Total no. of employed

H

G

E F

D

BC

A

tion of Groups, Nature ofwork

123

3

12

1231231231231 3

s of work Group S, Relay S

On Working days

From To From To From To

Onpartial Working days मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 (238)

FORM- 10

(See Rule - 65 )

REGISTER OF WORKERS EMPLOYED IN AN ESTABLISHMENT , WAGES , OVERTIME , FINE , DEDUCTION FOR DAMAGE OR LOSS

Register of Wages , Overtime , Fine , Deduction for damage and Loss

Name of the

Name of the Establishment :

Employer:

PAN/TAN of the Name of the Owner:

Employer:

Labour Identification Number ( LIN) :

Rates ofwages Designation

Basic DA Allowances

Wage Period From-

Department

Name of the employee

Sr. no . in Employee Register

Total overtime (hoursworked or production in caseofpiece workers)

Duration of Payment of Wages (Monthly/Fortnightly Weekly/ Daily/ Piece To rated)

Total no . ofdays worked during the period

10

7

8 9

6

5

4

3

2

1

Attendance Overtime

Dateof Payment

Amount of fineimposed

Date Signature earning

Total amountof wages paid

Amount of deduction from wages

Nature of acts and omissions forwhich fine imposedwith date

Damage or loss caused to theemployer by neglect or default of the employee

19

18

17

16

15

14

13

12

11 276 (239)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

FORM - 11

(SeeRule - 67)

ANNUAL RETURN

UNIFIED ANNUAL RETURN FORM

FOR THE YEAR ENDING ........

Single Integrated Return to be filed On - line under the Occupational Safety, Health and Working Conditions Code, 2020 , the Code on Industrial Relations , 2020 , the Code on Social Security , 2020 , and the Code on Wages, 2019

Instructions to fill up the Annual Return

(1) This return is to be filled - up and furnished on or before 28th or 29th February every year.

(2) The return has two parts i.e. Part- 1 to be filled up by all establishments .

(3) Part - Il to be filled - up by the establishments who are a Mine only in additionto Part- 1.

(4) The terms Establishment and Mines shall have the same meaning as under the Occupational Safety . Health and Working Conditions Code , 2020.

(5) This return is to be filled - up in case of Contractor or manpower supplier who have engaged more than 50 workers and in case of Mines even if there is one worker employed in the relevant period.

Applicable to All Establishments - Part- I

A. General Information:

Instructions for filling the column

SI . No.

EPFO , ESIC , MCA , MOLE ( LIN ) 1. Labour Identification मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(240)

Number

From To- 2. Period of the Return

3. Name of the Establishment

Email ID

4.

5. Telephone No.

6. Mobile number

7. Premise name

Sub-locality

8.

District

9.

10. State

11. Pin code

Geo Co - ordinates

12.

B(a) . Hours of Work in aday

Number of Shifts

B(b) .

C. Details of Manpower Deployed

Details

Period should be calendar year

Directly employed

Highl

Skill Category

Skille d

Semi- Skilled

y Skill ed

Male

Employed through Contractor

Gran d Tota Un- Highl

Semi- Skilled

Skill ed

Un- Skill ed Skill ed

y Skill ed

Total Total Male Transge nder

Fema le

Transgen

der

Fema le (i ) Maximum No. of employees employed in the establishment inl any day during the year 276(241 )

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

Total

Total Male

Male

Transge nder

Fema le

Transgen der

Fema le

the

( ii) Average No. of employees employed in establishment during the year

Total

Total Male

Male

Transge nder

Fema le

Transgen der

Fema le

(iii) Migrant Worker outof

(ii ) above

Total

Total Male

Male

Transge nder

Fema le

Transgen der

Fema le

(iv) Number of fixed term employee engaged

D. Details of contractors engaged in the Establishment:

No. of Contract Labour Engaged Name with LIN of the Contractor

SI No.

E. Details of various Health and Welfare Amenities provided .

Instructions for filling SI. No

Nature of various welfare amenities provided

Statutory (specify the statute)

1.

Tick yes or no in the box

Whether facility of Canteen provided (as per section 24 (v) ofOSH Code, 2020)

Applicable to all establishments where in hundred or more worker including contract labour were ordinarily employed

Tick yes or no in the box

Applicable to all establishments where fifty or more workers are employed

2. Crèches ( as per section 67 of Social Security Code on Code, 2020 and Section 24 of the OSH Code 2020)

Applicable to mine , building and

Tick yes or no

3. Ambulance Room ( as per मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(242)

in the box

section 24 ( 2 ) ( i ) of OSH Code, 2020)

other construction work wherein more than five hundred workers are ordinarily employed

Tick yes or no

4.

in the box

Safety Committee (as per Section 22 ( 1 ) of OSH Code, 2020 .

5. Safety Officer ( as per section 22(2) of OSH Code , 2020 ) Applicable to establishments and factories employing 500 workers on more, factory carrying on hazardous process and BoCW employing 250 workers or more, and mines employing 100 or more workers .

In case of mine 100 or more workers and in case of BoCW 250 or more workers are ordinarily employed.

No. of safety

officers

appointed

6. Qualified Medical Practitioner (as per Section 12 (2) of OSH Code2020.

F. The Industrial Relations:

1. Is the Works Committee has been functioning . (section 3 of IR Code , 2020)

Date of its constitution .

(a)

2. Whether the Grievance Redressal Committee constituted (section 4 of IR Code, 2020)

No. of Qualified Medical Practitioner appointed.

is no There specification for minimum number of Qualifiedi Medical Practitioner employed in establishment. However , this detail is required to have data on occupational health .

Instructions for filling

Yes/No

Industrial establishment in which 100 or more workers areemployed

Yes/No

Industrial establish ment employing 20 on 276(243)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

more workers are employed

3. Number of Unions in the establishments .

Yes/No

4. Whether any negotiation union exist (Section 14 of IR Code , 2020)

Yes/No

5. Whether any negotiating council is constituted ( Section 14 of IR Code, 2020)

6. Number of workers discharged , dismissed , retrenched or whose services were terminated during the year:

Terminated or

Discharged

Gran d

Dismisse d

Retrench

ed

Removed

Total

7. Man - days lost during the year on account of

Reasons

SI

No.

Period Date

Loss in term of money

No. of man- days lost

(a) Strike

(b) Lockout

8. Details of retrenchment / lay off

Details of No. of No. of man- days lost

payment workers due to lay- off

No.

laid off

durin

paid to retrenched employees

Sl . No. of persons retrenched during e th

g the

period

period मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(244)

G. Details pertaining to maternity benefit:

No. of female employees

No. of female

employees paid

medical bonus

No. of female employees availe

d maternity leave

H. Details of payment of bonus:

No. of deduction of wages , if any made from female employees

Total amountof

Sl . No. of employees

No.

Date on which the Bonus paid

bonus actually

paid

covered under the Bonus provision

1. Details of accidents , dangerous occurrence and notifiable diseases :

SI. No.

Total number of fatal Total accidents and names of the deceased as per Section 10 of the OSH Code , 2020 .

Total number of accidents by which a person injured is prevented from working for a period of 48 hours or more as per Section 10 of the OSH Code 2020.

number of Dangerous Occurrences defined as under Section 11 of the OSH Code , 2020

Total number of cases of Notifiable Diseases specified in Third Schedule of the OSH Code , 2020 along withthe details of affected persons J. Mandays and Production Lost due to accidents / dangerous occurrence

Accident/ Dangero

Production Lost

Mandays lost

SI . No.

us Occurrence

Certified that the tables in prescribed format are duly filled in and information and/ figures given in all the tables are correct to the best of my knowledge .

Place:

Date:

Signature of

Owner/Agent/Manager with seal 276(245)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

FORM- 12

(SeeRule -68 )

RAGISTER OF ACCIDENTS AND DANGEROUS OCCURRENCES

Number ofdays

the injured person was absent from work

Nature of

accident of

dangerous

occurrence

Date of accident or dangerous occurrence

Name of injured person(if any)

Date of return of injured person to work

Date of report to inspector- cum- Facilitator

6

5

4

3

2

FORM - 13

[See Rule- 69 ]

REGISTER FOR LEAVE WITH WAGES

Part 1 Adults

PartII Adolescents

Name of worker :

Establishment :

Father's Name :

Department :

Rem arks

Discharged

Wages

Leave Whether Dale

Date of Interruptions

worker

SI . No

Authoriz

Sickne

Sl.no , in the register ofworkers

for Leave Paid in

entry into service

Date of Discharl ge

with effect from cue

Involuntary Othe

unemploy rs

ment

Lock Out or Legal Strike

ss and ed accide Leave nts

leave not desired during the next 12 months

from which the worker is allowed leave

Date & amount of payment madein lieu of leave due

15

14

12 13

11

10

9

7

8

6

5

3 4

2

1

Note: - Separate page shall be allotted to each worker मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(246)

Form 14

[Prescribed under sub rule 73 ]

Application for grant of certificate of third party certifier to a person

1. Name .

2. Date of birth .

3. Name of the organisation (ifnot self- employed )

4. Designation

5. Educational qualification (copies of testimonials to be attached) ..

6. Details of professional experience (in chronological order) :

Name of the organisation period of service designation Area of Responsibility

7. Membership , if any , of professional bodies ..

8. Section( s ) and rules of Factories act 1948 under which certificate is issued if any ( Copy of certificate to be attached)

9. Validity period of such certificate of competency ( if applicable)

10. Any other relevant information

11. Declaration by the applicant

furnished above is true under like : ..hereby declare that the information (a) that in the event of leaving the aforesaid organisation , will promptly inform the chief

Inspector:

(b) to fulfil and abide by all the conditions stipulated in the certificate ofthird party certifier instructions issued by the chief Inspector from time to time.

Place:

Date:

Signature of the applicant

Declaration by the Institution ( if employed)

Certify that Shri

whose details are furnished above , is in our employment and nominate him on behalf of the organisation for the purpose of being declared as a third party certifier under the Act . I also undertake that I will Notify the Labour Commissioner in case the third party certifier leaved our employment .

(a) Provide and maintain in good order all facilities at his disposal as mentioned above ;

( b) Notify the Labour Commissioner any change in the facilities ( either addition or deletion ) Date ....

signature

Place.

Designation

Telephone

No ..

Official seal 276(247)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

Form 14-A

[Prescribed under sub rule (2 ) of Rule 73 ]

Form of Application for grant of certificate of third party certifier to an Institution

1. Name and full address of the organisation

2. Organisation's status ( specify whether govt . /Autonomous / Co- operative , corporate or private).

3. Whether the organisation has been declared as a third party certifier under this or any other statute .

Ifso . Give details ...

4. Particulars of persons employed and possessing qualification and experience as set

outin schedule .

Qualification

Name and designation

S.No.

Experience

1.

2.

5. Section (s ) and rules of OSHW Code.2020/ Factories Act , 1948 under which certificate is issued if any ( Copy of certificate to be attached )

6. Validity period of such certificate of competency ( if applicable)

7. Any other relevant information

8. Declaration

1 , hereby , on behalf

of..

certify the details furnished above are correct to the best of my Knowledge . I undertake to:

To fulfil and abide by all the conditions stipulated in the third party certification and instructions issued by the Labour Commissioner from time to time .

Place .

Signature ofhead of the

Date.

institution or of the

person authorized to sign on his

behalf.

Designation मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 (248)

Form 15

[prescribed under Rule 73 ]

Certificate of third party certifier issued to a person or an Institution

1 , ..in exercise of the powers conferred on me under Occupational health , safety and working condition (Madhya Pradesh ) , Rules , 2020 hereby recognize the Institution )(Name of or Shri (Name of applicant) employed in ..... (Name of Organization) to be a third party certifier for the purpose of carrying out inspections and certification for establishments employing less than 50 workers located in Madhya Pradesh .

This certificate is valid from ..to

Thiscertificate is issued subject to the conditions stipulated hereunder :

(i) Inspections shall be carried out in accordance with the provisions of the Act and the rules made thereunder ;

(ii) Inspection shall be carried out by the third party certifier or by a person so authorised by an institution recognised to be a third party certifier .

(iii) The certificate of Third Party Certifier issued is favour of a person shall stand cancelled if the person leaves the organisation mentioned in his application;

(iv) The institution recognised as a third party certifier shall keep the Labour Commissioner informed of the names , designations and qualifications of the persons authorised by it to carry out inspections .

(v)

(vi)

signature of

official seal

Station

the

Labour

Commissioner 276(249)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

FORM -16

(Rule-80)

APPLICATION FOR LICENSE

OnLine Application for License / Renewal of License /Amendment of License

(including Common license)

Government of Madhya Pradesh , Ministry of Labour

ESTABLISHMENT PROFILE :

Date

Labour Identification Number

Dateof Application:

Acknowledgement Number:

1. Particulars of Establishment for which licence required:

1. Name of Establishment:

2. Address of establishment

(a) Head Office address along with emailId :

(b) Corporate office address along with emailId.

3. Telephone Number:

4. Activity as per National Industrial Classification ( Select ali applicable activities given ) 5. Details of selected NIC Code:

6. Nature of work carried on in main establishment :

7. Identifier of the Establishment : (Select ) : esign/digital sign

II . Details of Employer :

relationship with establishment.

1. Full Name of Employer:

2. Full Address of Employer:

3. Email Id of employer :

4. Mobile No. of employer:

III . Particulars of the Contract Labour to be employed / is employed ( If licence is required work wise)

Name

Name of

Activity as per

Addres

Dateof completion

Name of works

is ,

Dateof

commenceme

nt

Locations of worksites

email

contract Establishme nts in which national industrial classification मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(250)

labour is/proposed to be employed

idof the Site Inchar ge 1

2

3

4

5

6 5. Maximum number of workmen proposed to be employed on the Establishment on any date: 24

6. Amount of Licence Fee : INR

(Transaction Id :)

( TransactionId :)

7.Amount of Security Deposit : INR

IV . DETAILS OF ESTABLISHMENTS FOR WHICH COMMON LICENCE REQUIRED , ( IF APPLYING FOR )

Permane

ts Typeof Establishmen

Name& Address of establishment

Date of commencent ment

establish

ment or probabie date of completio

Maximum Maxim number of um employees numbe employed/ r of proposed employ to be employed

(i)Nature of work carried out in the establishment (ii ) Activity as perNational Ind'l classification

n

ees employ ed/ propos ed to be employ ed 1

2

3

5

6

4

7

Signature of Contractor

(eSign/DSC) Note: This is an online application summary applied on Shram Suvidha Portal .

APPLICATION FOR RENEWAL OF LICENCE

Date:

1. Licence No.

276 (251)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

2. LIN & PAN

2. Name and address of the establishment :

3. Date of expiry of previous licence:

4. Whether the licence of the employer / contractor was suspended or revoked:

5. Details of Fees paid : (Enclose e - payment receipt) Amount dateof payment :

date:

E- sign /digital sign of the employer /contractor

APPLICATION FOR AMENDMENT OF LICENCE :

Date:

1. Licence No

2. LIN & PAN

3. Name and address of the establishment:

4. Details for which amendment is sought:

(a) . Maximum number of worker presently employed : ( If there is increase in the maximum number of workers to be employed , then additional fees / security deposit as per law needs to be deposited:

(b) . Details of fees paid through e payment date on which made :

. Other details requiring amendment in the licence issued ( Necessary documents may be uploaded in support of change required)

date of application

E- sign / digital sign of the employer/ contractor मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(252)

FORM - 17

(Rule-81)

PROFORMA OF LICENSE

Licence No.

Reg.No. Licence is hereby granted to

for the premises known as ----

situated at

Date ofReg .

for use as a establishment within the limits stated herein after , subject to provisions ofthe Occupational Safety , Health and Working Conditions Code , 2020 , and the rules made there under.

20 ..

The

SI.No. Period of issue Valid For

Fee

Maximum number of Contract labour /workers on any oneday AMENDMENTS :

Yearwhen Amended

Maximum number of Contract labour /workers on any one day

Issuing Authority

Dateof payment

Date of Payment

Excess fee for late payment

Signature of the Issuing Authority

Dateof payment of amendment fee

Date of Payment

Signature of theIssuing Authority 276(253 )

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

FORM - 18

(Rule-91)

EXPERIENCE CERTIFICATE OF CONTRACT EMPLOYEE

To whom so ever concerned

1. Name of contractor/ employer*:

2. LIN / PAN No. of the contractor / employer *:

3. EmailId of the contractor /employer *:

4. Mobile No. of the contractor/ employer *

5. Nature and location of work

6. Name of Principal Employer* :

7. LIN / PAN No. of the Principal Employer :*

8. Email Id of the Principal Employer : *

9. Mobile No. of the Principal Employer : *

10. Name of the worker*

11. UAN / Aadhaar No .:

12. Mobile No :

13. Serial Number in the Employee Register

14. Registration number , date and name of the Board if the building and other construction worker is registered asa beneficiary:

15. Period of Employment:

16. Designation:

Seal and Signature of Contractor *Please strike off whichever is not applicable.

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(254)

FORM - 19

(Under Rule - 19 )

Agreement between Producer and Audio - visual worker

This agreement is made on this day month ... year .......... between Messer

havi ng office at

and (hereinafter referred to as the -Producer || ) on the first part Shri/Smt/Kum

.son /daughter/ wife of Shri residing at ( hereinafter referred to as the ' audio - visual worker " ) on the second part . The terms ' Producer ' and ' audio - visual worker ' shall include their heirs , successors ,

administrators and legal representatives:

Now, therefore this agreement is made as follows:

1. That both the parties agree that the duration of this agreement shall be from the date hereof till the completion of the audio - visual and this period shall not exceed consecutive months .

2. That the audio- visual worker agrees to attend studio , location or work place , as the case may bc , subject to the requirement of his previous engagement and on his confirmation , to his respective job punctually as and when he shall be required by a written intimation by the Producer or the person duly authorised by him in writing .

3. That inconsideration of the audio - visual worker services , as aforesaid , the Producer agrees to pay and the audio- visual worker agrees to receive a sum of Rs . ....) payable as advance on signing of this (Rupees agreement and the balance of Rs . .payable in equal

installments.

4. That in the event of the audio- visual production being not complete within the stipulated period and the Producer still needing the services of the audio - visual worker to complete the audio- visual production, the producer agrees to pay and the audio - visual worker agrees to receive additional remuneration on pro - rata basis , payable in the same manner as stated in Clause 3 above , till the completion of the production .

5. That in case the assignment of the audio- visual worker is completed earlier than the period stipulated in Clauses 1 and 4 above, the producer shall settle the account of the audio - visual worker and pay the remaining balance of the agreement amount in full before the commencement of re- recording work/ censor of the production , whichever is मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(255) earlier.

6. That the audio - visual worker shall , if so required ,

per hour (a) attend the studios , location or work - place , as the case may be , earlier than the a scheduled time of the shift , for preparatory work , and in that case , he /she shall be paid by the Producer extra wages at the rate of Rs ... or part thereof for such early attendance .

the work (b) continue to work beyond the working day , with one hour break and in that case , he/she shall be paid by the Producer extra wages at the rate of Rs for during the extended hours and refreshments , and transport facilities.

8. That the Producer shall provide transport and food or pay traveling allowances to and fro to report to duty and food allowance while on duty as are customary or fixed by bilateral arrangements between the Producer's and audio - visual worker's representative organizations .

9. That the Producer shall also pay for all travelling and accommodation expenses , fares , cost of food and such other allowances as are customary when the audio - visual worker is required to work on location outdoors.

10. That the Producer shall get the audio - visual worker insured for any injury or damage to his /her person including death caused by accident arising out of or in the course of his /her employment and/or during the period of his / her assignment under this agreement .

11. That where the Producer is prevented from proceeding with the production of the audio - visual by reason of fire , riot , natural calamity, order of the public authority or any other reason beyond his control : -

(a ) he shall be entitled to suspend the operation of this agreement during the period of suspension of production in case the production is suspended. The producer shall serve notice in writing of such suspension on the audio - visual worker and shall pay all his /her dues up to the date of service of such notice . Upon resumption of work on the film , this agreement shall revive and shall remain valid for the period stipulated in Clause I excluding the period of suspension there from ; or

( b ) he shall be entitled to terminate this agreement as from the cessation of production , in case the production ceases completely. The producer shall serve a notice in writing of such cessation on the audio - visual worker and make payment of all the amount due to the audio - visual worker at the time of termination .

12. That in case if the Producer desires to terminate this agreement before the expiry of its मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(256)

term for reasons other than misconduct in relation to performance of the audio - visual worker's duties or of his/ her unwillingness to perform the services required under this agreement, the producer shall be entitled to do so only upon payment of the balance of the stipulated amount of the agreement. Only after such payment to the audio - visual worker, the Producer shall be titled to employ another audio- visual worker in his /her place .

13. That the Producer shall have the right to terminate this agreement on ground of misconduct on the part of the audio - visual worker in relation to performance of his /her duties or his/ her unwillingness to perform the service required under the agreement , upon payment to the audio- visual worker of the amount due at the time of termination , calculated taking into consideration the audio- visual worker's total work in the audio- visual and the work he/she has completed till the date of termination of this agreement . Termination under this clause shall not be made unless the charges of the Producer against the audio - visual worker are proved before a forum comprising equal number of representatives of the Producers ' Organisation and the audio - visual worker's Organisation to which the Producer and the audio - visual worker respectively may belong . The decision of the forum shall be binding on both the parties . The producer can engage another audio - visual worker for the job towards this agreement only after the forum has given a decision in favour of such termination and the audio -visual worker has been paid all his dues.

14. That in case of premature termination of this agreement, it shall be the option of the Producer whether or not to retain the work of the audio - visual worker in the audio - visual and at the same time, it shallbe option of the audio- visual worker whether or not to allow his/her name to go on the credit titles of the film .

15. That the Producer shall have the right to decide the manner of representing the audio- visual worker's personality on the screen , his/her clothes , make- up and hair - style and the audio -visual worker shall fully and willingly comply with the direction of the Producer in this regard , provided that the requirements of the Producer in this respect have been notified to the audio - visual worker and acceptedby him/her .

16. That the audio - visual worker agrees that he /she shall render his /her services to the best of his/ her ability in such manner as the Producer or , at his instance , the Director of the audio -visual may direct and shall comply with all reasonable instructions that he may give for the production of the film .

17. That the Producer shall also pay for all traveling and accommodation expenses , fares , costof food and such other allowances as are customary when the audio - visual worker is 276 (257)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

required to work on location outdoors .

18. That the Producer shall get the audio - visual worker insured for any injury or damage to his/her person including death caused by accident arising out of or in the course of his/her employment and/or during the period of his /her assignment under this agreement .

19. That where the Producer is prevented from proceeding with the production of the audio- visual by reason of fire , riot , natural calamity , order of the public authority or any other reason beyond his contro! : -

(a ) he shall be entitled to suspend the operation of this agreement during the period of suspension of production in case the production is suspended . The producer shall serve notice in writing of such suspension on the audio visual worker and shall pay all his/her dues up to the date of service of such notice . Upon resumption of work on the film, this agreement shall revive and shall remain valid for the period stipulated in Clause I excluding the period of suspension there from ; or

(b) he shall be entitled to terminate this agreement as form the cessation of production, in case the production ceases completely . The producer shall serve a notice in writing of such cessation on the audio- visual worker and make payment of all the amount due to the audio - visual worker at the time of termination .

20. That in case if the Producer desires to terminate this agreement before the expiry of its term for reasons other than misconduct in relation to performance of the audio- visual worker's duties or of his /her unwillingness to perform the services required under this agreement the producer shall be entitled to do so only upon payment of the balance of the stipulated amount of the agreement . Only after such payment to the audio - visual worker , the Producer shall been titled to employ another audio - visual worker in his/her place .

21. That the Producer shall have the right to terminate this agreement on ground of misconduct on the part of the audio- visual worker in relation to performance of his /her duties or his/her unwillingness to perform the service required under the agreement, upon payment to the audio - visual worker of the amount due at the time of termination , calculated taking into consideration the audio- visual worker's total work in the audio- visual and the work he/ she has completed till the date of termination of this agreement .

Termination under this clause shall not be made unless the charges of the Producer against the audio - visual worker are provide before a forum comprising equal number of representatives of the Producers Organization and the audio -visual worker's Organization to which the Producer and the audio - visual worker respectively may belong .

The decision of the forum shall be binding on both the parties . The producer can engage मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(258)

another audio - visual worker for the job towards this agreement only after the forum has given a decision in favor of such termination and the audio-visual worker has been paid all his dues .

22. That in case of premature termination of this agreement, it shall be the option of the Producerwhether or not to retain the work of the audio - visual worker in the audio - visual and at the same time , it shallbe option of the audio- visual workers whether or not to allow his/her name to go on the credit titles of the film .

23. That the Producer shall have the right to decide the manner of representing the audio- visual worker's personality on the screen , his /her clothes , make - up and hair - style and the audio -visual worker shall fully and willingly comply with the direction of the Producer in this regard , provided that the requirements of the Producer in this respect have been notified to the audio - visual worker and accepted by him /her .

24. That the audio - visual worker agrees that he /she shall render his /her services to the best of his /her ability in such manner as the Producer or, at his instance , the Director of the audio - visual may direct and shall comply with all reasonable instructions that he may give for the production of the film.

25. That the audio - visual worker shall comply with all the regulations of the studio . location or work place as the case may be .

26. That the Producer shall not without the consent in writing of the audio- visual worker , assign or transfer the benefit of this agreement to any other person .

27. That the provisions of the Employees ' Provident Funds and Miscellaneous Provisions Act , 1952 shall be applicable to this agreement .

28. That the Producer shall not utilize the work of the audio-visual worker in any film , other than the audio - visual under this agreement, without prior permission of the audio- visual worker.

The parties have put their hands to this agreement on the date , month and year said above in the presence of each other and in the presence of the witnesses.

Producer

1. Witness Name Address

audio -visual worker 2. Witness

Name Address 276(259)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

FORM- 20

(Rule -99,114)

APPLICATION FOR LICENSE

On Line Application for License / Renewal of License/Amendment of License Government of Madhya Pradesh , Ministry of Labour

ESTABLISHMENT PROFILE :

Date

Labour Identification Number

Acknowledgement Number:

Date of Application:

1. Particulars of Establishment for which licence required:

1.Registration number of Establishment

2. Name of Establishment:

3. Address of establishment

(a) Head Office address along with email Id :

(b) Corporate office address along with email Id:

4. Telephone Number :

5. Activity as per National Industrial Classification : ( Select all applicable activities given ) 6. Details of selected NIC Code :

7. Nature of work carried on in main establishment :

8. Identifier of the Establishment : ( Select) : esign/digital sign

II . Details of Employer :

1. Full Name of Occupier ( in case of a factory) /Employer:

2. Full Address of Occupier ( incase of a factory ) /Employer:

3. EmailId of Occupier ( in case of a factory)/ Employer:

4. Mobile No. of Occupier ( in case of a factory)/Employer:

III . For factories :

Manufacturing

process

Total amount of power installed (HP)

Name of the chemicals to be handled and stored Maximum number of workers to be employed

Whether it involve hazardous process or dangerous मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(260)

onany day

operations ; give detail

along with quantity (a) Contract worker

(b) Inter state worker

(c) Other Total

1

2

4

5

3 276(261)

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

Full name and address of manager with his mobile number

Challn no . and date

Amount of Licence Fee :

Reference

number and and

date of approval

ofplan

Full name and address of the owner of premises or building.

7

6

VI . For Beedi and Cigar work

10

9

8

Value of beedis or cigars or both manufactured at the industrial premises during the preceding financial year

Previous

experience

employer

ofthe

in the

industry

holder registered under the Trade Whether the employer is a trademark and Merchandise Marks Act , 1958

Financial resources of employer e.g. '(particulars and value of movable and immovable properties, bank reference , income tax assessment etc.)

3

2

1

Source of obtaining tobacco

Whether the beedis or cigars or both manufactured by the applicant will be sold and marketed by himself or through a proprietor or a registered user of a trade mark registered under the Trade and Merchandise Marks Act , 1958 , or any other person.

Whether any industrial premiseswas closed by the applicant during theperiod of twelve months immediately preceding the date ofthe application and, if so , the reasons therefore

8

7

6

Whether the proposed site of the industrial premises amounts to the alteration of the site ofany existing industrial premises and, if so , the reasons for such alteration

5

4

Maximum number of Employed to be employed onanyday

(a) Contract worker Full name and residential address ( es) of the Directors in case of a Company

(b) Inter state worker

(d) Other

Total

9 मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(262)

Signature of Employer

(eSign/DSC ) Note: This is an online application summary applied on Official Portal .

APPLICATION FOR RENEWAL OF LICENCE

Date:

1. Licence No.

Date

2. Registration No.

3. LIN

4. Name and address of the establishment :

5. Date of expiry of previous licence :

6.Whether the licence of the employer / contractor was suspended or revoked:

date of payment :

7. Details of Fees paid: ( Enclose e - payment receipt) : Amount

date:

E- sign /digital sign of the employer

APPLICATION FOR AMENDMENT OF LICENCE :

Date:

1. Licence No

Date

2. Registration No.

2. LIN

3 Name and address of the establishment:

4. Details for which amendment is sought:

Manufacturing

process

Updation in address of premises

Name of

Occupier

/employer

Total amount ofpower installed (HP )

Proposed amendment in Licence of Beedi and Cigar work Maximum Inumber of workers to be employed on any day

( b ) . Details of fees paid through e payment date on which made :

.Other details requiring amendment in the licence issued ( Necessary documents may be uploaded in support of change required)

date of application .

E- sign /digital sign of the employer / contractor 276(263)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

FORM- 21

(Rule- 101)

PROFORMA OF LICENSE

Licence No.

Reg. No.

Date of Reg.

Licence is hereby granted to

for the premises known as ---

situated at

for use as a establishment for the manufacturing process of. subjectto provisions of the Occupational Safety , Health and Working Conditions Code , 2020 , and the rules made there under .

The 20..

Issuing Authority

Fee

Valid For

SI.N Period of 0. issue

Signature of issuing Authority

Challan no, and date of payment

Total amount of installed Power /MW

Maximum number of workers on any oneday

AMENDMENTS :

Total Manufacturin

Valid For

Year when Amended

Name of Occupier /employer

g

process

amount of power installed (HP)

Maximum

number of

workers to be

employed

on any day

4

5

6

3

1

2

Signature of issuing Authority

amendment in Licence of Beedi

and Cigar work

Updation in address of premises

9

8

7 मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(264)

FORM - 22

(Rule- 107)

Record of Decision or Order

1. Serial No.

2. Date of application

3. Name or names , parentage , address or addresses of applicants or some or all of .. theapplicants

4. Name and address of the employer

5. Substance of the dispute

6. Plea of parties and their examination , if any

7. Documents seen

8. Substance of the evidence taken

9. Finding and brief statement of the reasons therefor

10.Decision

Date .

Signed

FORM - 23

(Rule-111 )

Monthly Return

1. Name of industrial premises and full postal address .

2. No. and date of licence ..

3. Month to which the return relates...

4. Name of the employer ..

5. Name of the principal employer if the employer is working as contractor for the Principal Employer.

6. Quantity of beedi and/or cigar tobacco released by the Central Excise Department ...........

7. Quantity of beedi and / or cigar tobacco supplied by the Principal Employer.

8. Number of beedis and/or cigars manufactured by the employer in an industrial establishment ..

9. No. of beedis and/or cigars manufactured by the employer in places other than industrial establishment . i.c. , workers working in their homes .

10. Number of beedis and/ or cigars sold and to whom .

Dated .

Signature of the Employer 276(265)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

FORM - 24

(Rule -111)

Annual Return

1. Name and address of the industrial premises ....

2. Number and date of licence .

3.Name of the employer .

4. Name of the principal Employer , if the employer is working as contractor for a Principal

Employer..

5. Average number * of employees employed daily in the industrial premises ..

Men

Women

persons Young

Male

Female

6. Average monthly number of home - workers employed ( i.e. , who work at their homes)**.

7. Normal hours worked per week in the industrial premises .......

8.Nuinber ofdays worked in the year in the industrial premises .

9.Number of employees who were granted leave during the Calendar year .

Young persons

(a) employed in the industrial premises ..

(b) employed in homes ..

Other than young persons

(a) employed in the industrial premises ..

(b) employed in homes .

10. Number of female employees who were given maternity benefit during the year.......

(a) employed in industrial premises .

(b) employed in homes ..

Certified that the information furnished above is correct to the best of my knowledge and belief.

Date

Signature Note . Partial attendance for less than half a shift or working day shall be neglected and attendance for half a shift or more shall be treated as full attendance .

*The average daily number shall be calculated by dividing the aggregate number of attendance of working days by the number of the working days in the year . Attendance on separate shifts , e.g. , night and day shitts shall be counted separately .

** The average shall be calculated by dividing the aggregate number of workers on the Home- workers Employment Register during each of the preceding 12 months by twelve .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(266)

FORM - 25

(Rule- 112)

Home Workers ' Log Book

1. Name of home worker ...

2.Address of the home where the manufacturing process is carried on..............

3. Month ....

Account of Work Done at Home

Date Raw Material supplied to the

worker

Signature or thumb impression of the worker

No. of beedis received by the employer

Thread

Tobacco

Tendu patta

(2)

(3)

( 1)

(4)

(5)

(6)

No. standard of

Wages payable to worker

beedis

Number of substandard or chhat beedis

Wages paid to theworker

For standard beedis

For sub - standard or chhatbeedis

(7)

(8)

(9)

(11)

(10)

Date Amount of wages to date in

arrears

Signature or thumb impression of theworker

Signature ofthe Employer ( 12)

(13)

(14)

(15) मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(267)

FORM - 26

(Rule- 112)

Home-Workers ' Employment Register

Month ending . year

Beedis manufactured should be shown in respect of each home worker below the appropriate date

Dates

Address of Home

Name of worker

Waged paid

1234567 8 9 10 to 31

FORM - 27

(Rule- 113)

Record of Outside Work

Number and date of Government's Order permitting work outside the industrial premises........

Remarks Date

Nature of work

Natureof employee

Place or places where outside work was permitted

(5)

(3)

(4)

(2)

(1) मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(268)

FORM- 28 (Rule- 113)

Home Workers ' Log Book

1. Name of home worker ...

2.Address of the home where the manufacturing process is carried on ....

3.Month .

Account of Work Done at Home

Date

No. ofbeedis received by the employer Raw Material Signature supplied to the worker or thumb

Thre ad

Tobac co

Tendu patta

impressio

n ofthe

worker

(6)

(3)

(5)

(1) (2)

(4)

Wages paid to the worker

Wages payable to

worker

No. standard ofbeedis

Number of substandard orchhat beedis

For standard beedis

For

sub-

standar

dor

chhat

beedis

(9) (10)

(11)

(7)

(8)

Date

Signature of the Employer

Amount of wages to date in arrears

Signature or thumb impression of theworker

(13)

(14)

(15)

(12) मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(269)

Form 29

Certificate of Fitness for Dangerous Operations

(Prescribed under Rule 120)

SerialNumber

Date of examination / ../

Name of

employee .

Aadhar Number .

yrs , Sex .

Age ...........

Father's/ Husband's Name

Address,

...Name of the factory in which he/she wishes to

beemployed .

Nature ofjob in which he/she wishes to

beemployed.

This is to certify that I have examined the above person as nearly as can be ascertained from my examination , considering the nature of job and the factory, he / she is:

Fit for employment

UNFIT for employment

Temporarily UNFIT ( may be produced for examination after 3 months)

S.no and Date of last certificate (if so) issued .

Recomendation of Medical Officer..

Signature & seal of medical officer

Signature of the Left thumb impression ofthe person examined मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(270)

Form 29

Prescribed under Rule

HealthRegister

120

Name of the

Factory. Village/Town .. .From ( date) : 01st January To (date) 31st December .

Facto

Age in year

S

IS r. N 0 .

Date of Medica Exami nation

Se X (M /F/ O)

Signatur eof Factory Medical Officer Aa dha r Car d no .

Na me of W ork er

Type of

Medical

Examination

(Pre-

employment

/Periodic)

Result of Medical Examina tion (FIT/ UNFIT )

ry Ident ity Card Num ber

Notifi able diseas e obser ved if any (Yes/ No)

Recomm eded for Job rotation or rehabilit ation (Yes / No)

ofJob Basis rotati on or rehab ilitati on reco mme ndati on 276(271)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

Form 30

(Prescribed under Rule 120 )

Test report - Dust Extraction System

1. Description ofsystem

2. Head

( a) Serial No. ofHead

(b) Contaminantcaptured .

Design

(c) Capture velocities: (at points tobespecified)

Actualvalue

value

(d) Volume exhausted atHead

( e ) Head StaticPressure

3. Total Pressure drop at :

(a) Joints

(b) Other points of system (to bespecified)

4. Transport velocity in Dust (at points along Dusts to bespecified) .

5.Air Cleaning Device : -

(a) Typeused मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(272)

(b) Velocity atinlet

(c) State Pr . atinlet

(d ) Velocity atoutlet

(e) Static Pr . atoutlet

6. Fan: -

(a) Typeused

(b) Volumehandled

( c ) Staticpressure

(d) Pressure drop at outlet offan

7. Fan Motor :

(a) Speed and HorsePower

(b) Type

8. Particulars of Defects , if any, disclosed during test in any of the above components . I certify that on this systemwas dayof the above dust extraction thoroughly cleaned and (so far its construction permits ) made accessible for thorough examination . I further certify that on the said date , I thoroughly examined the above dust extraction system including its components , and fittings and that the above is true report of any examination .

Signature .

Qualification ...........

Address .

Date..

If employed by aCompanyof Association , give name andaddress 276 (273 )

मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

[ SCHEDULE 1 ]

[Rule- 1 -j]

[Part -1]

(a) Toxic Chemicals: Chemicals having the following values of acute toxicity and which owing to their physical and chemical properties , are capable of producing major accident hazards:

S.No.

Toxicity

Oral toxicity

LD50( mg/kg )

Dermal toxicity

Inhalation toxicity

LD50 (mg/kg) LC50( mg/ l)

1.

>5

<40

<0.5

Extremelytoxic

2.

>5-50

>40-200

Highlytoxic

<0.5-2.0

3.

Toxic

>50-200

>200-1000

>2-10

(b) Flammable Chemicals :

(i) flammable gases : Gases which at 20 ° C and at standard pressure of 101.3KPa are :-

(a) ignitable when in a mixture of 13 percent or less by volume with air , or ;

(b) have a flammable range with air of at least 12 percentage points regardless of the lower flammable limits .

Note : The flammability shall be determined by tests or by calculation in accordance with methods adopted by International Standards Organization ISO Number 10156 of 1990 or by Bureau of Indian Standard ISI Number 1446 of 1985 .

(ii) extremely flammable liquids : chemicals which have flash point lower than or equal to 23 ° C and boiling point less than 35 ° C .

(iii) very highly flammable liquids : chemicals which have a flash point lower than or equal to 23 ° C and initial boiling point higher than 35 ° C .

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(274)

(iv) highlyflammable liquids : chemicals which have a flash point lower than or equal to 60 ° C but higher than 23 ° C .

(v) flammable liquids : chemicals which have a flash point higher than 60 °C but lower than 90 °C .

(c) Explosives : explosives mean a solid or liquid or pyrotechnic substance ( or a mixtureof substances ) or an article .

(a) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings ;

(b) which is designed to produce an effect by heat , light , sound , gas or smoke or a combination of these as the result of non- detonative self sustaining exothermic chemical reaction .

PART II

LIST OF HAZARDOUS AND TOXIC CHEMICALS

1.Acetaldehyde

2. Acetic acid

3. Acetic anhydride

4. Acetone

5.Acetone cyanohydrin

6. Acetone thiosemicarbazide

7. Acetonitrile

8. Acetylene

9. Acetylene tetra chloride

10. Acrolein

11. Acrylamide

12. Acrylonitrile

13. Adiponitrile

14. Aldicarb

15. Aldrin

16. Allyl alcohol

17 . Allyl amine 276(275)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

18. Allyl chloride

19 . Aluminium ( powder)

20 . Aluminium azide

21 . Aluminium borohydride

22. Aluminium chloride

23. Aluminium fluoride

24. Aluminium phosphide

25. Amino diphenyl

26. Aminopyridine

27 . Aminophenol -2

28. Aminopterin

29. Amiton

30. Amiton dialate

31. Ammonia

32. Ammonium chloro platinate

33. Ammonium nitrate

34. Ammonium nitrite

35. Ammonium picrate

36. Anabasine

37. Aniline

38. Aniline2,4 , 6 - Trimethyl

39. Anthraquinone

40. Antimony pentafluoride

41. Antimycin A

42. ANTU

43. Arsenic pentoxide

44. Arsenic trioxide

45. Arsenous trichloride

46. Arsine

47. Asphalt

48. Azinpho -ethyl

49. Azinphos methyl

50. Bacitracin

51. Barium azide

52. Barium nitrate

53. Barium nitride

54. Benzal chloride मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(276)

55. Benzenamine , 3 - Trifluoromethyl

56. Benzene

57. Benzene sulfonyl chloride

58. Benzene . 1- ( chloromethyl ) -4 Nitro

59. Benzene arsenic acid

60 . Benzidine

61. Benzidine salts

62. Benzimidazole . 4 , 5 - Dichloro - 2 ( Trifluoromethyl )

63 . Benzoquinone -P

64. Benzotrichloride

65. Benzoyl chloride

66. Benzoyl peroxide

67. Benzyl chloride

68. Beryllium ( Powder)

69. Bicyclo ( 2, 2 , 1 ) Heptane -2- carbonitrile

70. Biphenyl

71. Bis ( 2- Chloroethyl ) sulphide

72. Bis ( Chloromethyl ) Ketone

73. Bis (Tert - butyl peroxy) cyclohexane

74. Bis ( Terbutylperoxy) butane

75. Bis (2,4 , 6 - Trimitrophenylamine)

76. Bis (Chloromethyl ) Ether

77. Bismuth and compounds

78. Bisphenol -A

79. Bitoscanate

124. Chloroacetal chloride

0. Boron Powder

1 . Boron trichloride

125. Chloroacetaldehyde

126. Chloroaniline -2

2. Boron trifluoride

127. Chloroaniline -4

3 . Boron trifluoride comp .

128. Chlorobenzene

With methylether , 1 : 1

4. Bromine

129. Chloroethyl chloroformate

130. Chloroform

5. Bromine pentafluoride

131. Chloroformyl morpholine

6. Bromo chloro methane

132. Chloromethane

7. Bromodialone

8. Butadiene

133. Chloromethyl methyl ether

134. Chloronitrobenzene

9. Butane 276(277)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

90. Butanone-2

91. Butyl amine tert

92. Butyl glycidal ether 93. Butyl isovalarate

94. Butyl peroxymaleate tert 95. Butyl vinyl ether

96. Butyl -n-mercaptan

97. C.I.Basic green

98. Cadmium oxide

99. Cadmium stearate

100. Calcium arsenate

101. Calcium carbide

102. Calcium cyanide

103. Camphechlor (Toxaphene ) 104 . Cantharidin

105. Captan

106. Carbachol chloride

107. Carbaryl

108. Carbofuran ( Furadan) 109. Carbon tetrachloride 110. Carbon disulphide

111. Carbon monoxide

112. Carbonphenothion

113. Carvone

114. Cellulose nitrate

115. Chloroacetic acid

116. Chlordane

117. Chlorofenvinphos

118. Chlorinated benzene

119. Chlorine

120. Chlorine oxide

121. Chlorine trifluoride

122. Chlormephos

123. Chiormequat chloride 168 . Cypermethrin

169. DDT

135. Chlorophacinone

136. Chlorosulphonic acid

137. Chlorothiophos

138 . Chloroxuron

139 . Chromic acid

140. Chromic chloride

141. Chromium powder

142. Cobalt carbonyl

143. Cobalt Nitrilmethylidyne compound

144. Cobalt( Powder )

145. Colchicine

146. Copper and Compounds

147. Copperoxychloride

148 . Coumafuryl

149. Coumaphos

150 . Coumatetralyl

151 . Crimidine

152. Crotenaldehyde

153. Crotonaldehyde

154. Cumene

155. Cyanogen bromide

156. Cyanongen iodide

157. Cyanophos

158 . Cyanothoate

159 Cyanuric fluoride

160 . Cyclo hexylamine

161 . Cyclohexane

162. Cyclohexanone

163. Cycloheximide

164. Cyclopentadiene

165. Cyclopentane

166. Cyclotetramethyl enetetranitramine

167. Cyclotrimethylen

etrinnitranine

209. Dimethyl nitrosoamine

210. Dimethyl P phenylene diamine मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(278 )

170. Decaborane ( 1 : 4)

171. Demeton

172 . Demeton S - Methyl

173. Di - n - propyl peroxydicarbonate (Conc = 80 %)

174. Dialifos

175. Diazodinitrophenol

176. Dibenzyl peroxydicarbonate (Conc>= 90% )

177 . Diborane

178 . Dichloroacetylene

179. Dichlorobenzalkonium chloride 180. Dichloroethyl ether

181. Dichloromethyl phenylsilane 182 . Dichlorophenol - 2 , 6 183. Dichlorophenol - 2 , 4 184 . Dichlorophenoxy acetic acid 185. Dichloropropane -- 2, 2 186 . Dichlorosalicylic acid -3 , 5 187 . Dichlorvos ( DDVP )

188 . Dicrotophos

189 . Dieldrin

190 . Diepoxybutane

191. Diethyl carbamazine citrate 192. Diethyl chlorophosphate 193. Diethyl ethtanolamine 194. Diethyl peroxydicarbonate (Conc=30%)

195 . Diethyl phenylene diamine 196 . Diethylamine

197. Dicthylene glycol

198. Diethylene glycol dinitrate 199. Diethylene triamine

200 . Diethleneglycol butyi ether 201. Diglycidy! ether

202. Digitoxin

211. Dimethyl phosphoramidi cyanidic acid (TABUM )

212. Dimethyl phosphorochloridothioate 213. Dimethyl sufolane ( DMS )

214 . Dimethyl sulphide

215 . Dimethylamine

216 . Dimethylaniline

217 . Dimethylcarbonyl chloride 218. Dimetilan

219. Dinitro O - cresol

220. Dinitrophenol

221 . Dinitrotoluene

222 . Dinoseb

223. Diniterb

224. Dioxane-p

225. Dioxathion

226. Dioxine N

227. Diphacinone

228 . Diphosphoramide octamethyl 229. Diphenyl methane di - isocynate (MDI )

230. Dipropylene Glycol Butyl ether 231 . Dipropylene glycolmethyl ether 232, Disec-butyl peroxydicarbonate (Conc. >80 %)

233 . Disufoton

234. Dithiazamine iodide

235. Dithiobiurate

Endosulfan

236 .

237. Endothion

238. Endrin

239. Epichlorohydrine

240. ΕΡΝ

241 . Ergocalciferol

242. Ergotamine tartarate

243 . Ethanesulfenyl chloride, 2 chloro 276(279)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

203 . Dihydroperoxypropane (Conc >= 30% )

204. Diisobutyl peroxide

205. Dimefox

Dimethoate

206.

207. Dimethy! dichlorosilane 208. Dimethyl hydrazine

251 . Ethylbromide

252. Ethyl carbamate

253 . Ethyl ether

254. Ethylhexanol -2

255. Ethyl mercaptan

256 . Ethylmercuric phosphate 257 . Ethyl methacrylate

258. Ethylnitrate

259 . Ethyl thiocyanate

260. Ethylamine

261 . Ethylene

262. Ethylene chlorohydrine

263. Ethylene dibromide

264. Ethylene diamine

265. Ethylene diamine hydrochloride 266. Ethylene flourohydrine

267. Ethylene glycol

268. Ethylene glycol dinitrate 269. Ethylene oxide

270. Ethylenimine

271. Ethylene di chloride

272. Femamiphos

273. Femitrothion

274. Fensulphothion

275. Fluemetil

Fluorine

276.

277 . Fluoro2- hyrdoxy butyric acid amid salt ester

278. Fluoroacetamide

244. Ethanol 1-2 dichloracetate

245. Ethion

246. Ethoprophos

247. Ethyl acetate

248 . Ethyl alcohol

249. Ethyl benzene

250. Ethyl bisamine

292. Furan

293 . Gallium Trichloride

294. Glyconitrile ( Hydroxyacetonitrile)

295. Guanyl -4-nitrosaminoguynyl - 1- tetrazene

296 . Heptachlor

297. Hexamethyl terta - oxyacyclononate (Conc 75%)

298. Hexachlorobenzene

299. Hexachlorocyclohexan ( Lindane)

300. Hexachlorocyclopentadiene

301 . Hexachlorodibenzo - p - dioxin

302 Hexachloronapthalene

303 . Hexafluoropropanone sesqüihydrate

304. Hexamethyl phosphoromide

305. Hexamethylene diamine N N dibutyl

306. Hexane

307 . Hexanitrostilbene 2, 2 , 4 , 4, 6 , 6

Hexene

308 .

309 . Hydrogen selenide

310 . Hydrogen sulphide

311 . Hydrazine

312. Hydrazine nitrate

313. Hydrochloric acid (Gas )

314 . Hydrogen

315. Hydrogen bromide

316. Hydrogen cyanide मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 (280)

279 .

317. Hydrogen fluoride

Fluoroacetic acid amide salts and esters

318. Hydrogen peroxide

280 . Fluoroacetylchloride

319. Hydroquinone

281 .

320. Indene

Fluorobutyric acid amide salt esters

321. Indium powder

282.

322. Indomethacin

Fluorocrotonic acid amides salts esters

323. Iodine

283 . Fluorouracil

324. Iridium tetrachloride

284. Fonofos

325. Ironpentacarbonyl

285. Formaldehyde

326 . Iso benzan

286 . Formetanate hydrochloride

327. Isoamyl alcohol

287. Formic acid

328. Isobutyl alcohol

288 . Formoparanate

329. Isobutyro nitrile

289. Formothion

330.

290. Fosthiotan

Isocyanic acid 3 , 4- dichlorophenyl ester

291. Fuberidazole

331 Isodrin

332. Isofluorophosphate

373.

333 . Isophorone diisocyanate

Methoxy ethanol ( 2-methyl cellosolve)

334. Isopropyl alcohol

374 Methoxyethyl mercuric acetate

335.

375.

Isopropyl chlorocarbonate

Methyacrylol chloride

336 . Isopropyl formate

376 . Methyl 2- chloroacrylate

377 Methyl alcohol

337. Isopropyl methyl pyrazolyl dimethyl carbamate

378. Methyl amine

338 .

379. Methyl bromide (Bromomethane) Juglone ( 5 -Hydroxy Naphthalene- 1,4 dione)

380. Methyl chloride

339 . Ketene

381 . Methyl chloroform

340. Lactonitrile

382. Methyl chloroformate

341 . Lead arsenite

383. Methyl cyclohexene

342.

384.

Lead at high temp ( molten)

Methyl disulphide

343. Lead azide

385

344. Lead styphanate

Methyl ethyl ketone peroxide (Conc.60%)

345. Leptophos

386. Methyl formate

346. Lenisite

387. Methyl hydrazine

347.

388.

Liquified petroleum gas

Methyl isobutyl ketone

348. Lithium hydride

389. Methyl isocyanate

349. N -Dinitrobenzene

390 . Methyl isothiocyanate मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(281)

391 . Methyl mercuric dicyanamide

350. Magnesium powder or ribbon

351. Malathion

392 . Methyl Mercaptan

393 . Methyl Methacrylate

352 . Maleic anhydride

394. Methyl phencapton

353. Malononitrile

395. Methyl phosphonic dichloride

396 . Methyl thiocyanate

354. Manganese Tricarbonyl cyclopentadiene

397. Methyl trichlorosilane

355. Mechlor ethamine

398 . Methyl vinyl ketone

356 . Mephospholan

399 . Methylene bis ( 2 - chloroaniline )

357 . Mercuric chloride

400 . Methylene chloride

358 . Mercuric oxide

401. Methylenebis - 4,4 ( 2- chloroaniline )

359. Mercury acetate

402. Metolcarb

360 . Mercury fulminate

403. Mevinphos

361. Mercury methyl chloride

404. Mezacarbate

362. Mesitylene

405 . Mitomycin C

363 . Methaacrolein diacetate

406. Molybdenum powder

364. Methacrylic anhydride

407. Monocrotophos

365. Methacrylonitrile

408. Morpholine

409. Muscinol

366. Methacryloyl oxyethyl isocyanate

410. Mustard gas

367 . Methanidophos

411 . N-Butyl acetate

368. Methane

412. N. - Butyl alcohol

369 . Methanesulphonyl fluoride

413. N-Hexane

370. Methidathion

371 . Methiocarb

414, N- Methyl - N , 2 , 4, 6- Tetranitroaniline

372. Methonyl

454. Oxamyl

415. Naphtha

455. Oxetane , 3 , 3 - bis (chloromethyl )

416. Nephtha solvent

456. Oxidiphenoxarsine

417. Naphthalene

457. Oxy disulfoton

418. Naphthyl amine

458. Oxygen ( liquid )

459. Oxygen difluoride

419. Nickel carbonyl /nickel tetracarbonyl

460. Ozone

420. Nickel powder

461. P - nitrophenol

421. Nicotine

462, Paraffin

422. Nicotine sulphate

423. Nitric acid

424. Nitric oxide

463. Paraoxon ( Diethyl 4 Nitrophenyl phosphate) मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 (282)

425. Nitrobenzene

464. Paraquat

465. Paraquat methosulphate

426 . Nitrocellulose (dry)

466. Parathion

Nitrochlorobenzene

427.

428. Nitrocyclohexane

467. Parathion methyl

468. Paris green

429. Nitrogen

469 . Penta borane

430. Nitrogen dioxide

470. Penta chloro ethane

431. Nitrogen oxide

471. Penta chlorophenol

432. Nitrogen trifluouide

472. Pentabromophenol

433. Nitroglycerine

473. Pentachloro naphthalene

434. Nitropropane- 1

474. Pentadecyl - amine

435. Nitropropane -2

475. Pentaerythaiotol tetranitrate

436. Nitroso dimethyl amine

476. Pentane

437. Nonane

477. Pentanone

438 . Norbormide

O- Cresol

478. Perchloric acid

439.

440. O - Nitro Toluene

479. Perchloroethylene

O-Toludine

441.

480. Peroxyacetic acid

481. Phenol

442. O-Xylene

443 . O/ P Nitroaniline

482. Phenol , 2 , 2 - thiobis (4 , 6 - Dichloro)

444. Oleum

483. Phenol , 2 , 2 - thiobis (4 chloro 6- methyl phenol )

445. 00 Diethyl S ethyl suph . methyl phos

484. Phenol , 3- ( 1 - methyl ethyl ) methylcarbamate

485. Phenyl hydrazine hydrochloride

446. OO Diethyl S propythio methyl phosdithioate

486. Phenyl mercury acetate

487. Phenyl silatrane

447. OO Diethyl s ethty ! sulphinyl methylphosphorothioate

488. Phenyl thiourea

489. Phenylene P -diamine

448. OO Diethyl s ethylsulphonyl methylphosphorothioate

490. Phorate

449. OO Diethyls

491. Phosazetin

ethylthiomethylphospho- rothioate

492. Phosfolan

450. Organo rhodium complex

451 Orotic acid

493. Phosgene

Phosmet

494,

452. Osmium tetroxide

453. Oxabain

495. Phosphamidon

535. Propionitrile

496. Phosphine 276(283)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

497. Phosphoric acid

498. Phosphoric acid dimethyl (4- methyl thio ) phenyl

499. Phosphorthioic acid dimethyl S (2- Bis) Ester

500. Phosphorothioic acid methyl (ester)

501. Phosphorothioic acid , O0 Dimethyl S-(2- methyl )

502. Phosphorothioic , methyl -ethyl ester

503. Phosphorous

504. Phosphorous oxychloride

505. Phosphorous pentaoxide

506. Phosphorous trichloride

507. Phosphorous penta chloride 508. Phthalic anhydride

509. Phylloquinone

510. Physostignine

511. Physostignine salicylate ( 1 : 1 ) 512. Picric acid (2 , 4 , 6- trinitrophenol ) 513. Picrotoxin

514. Piperdine

515. Piprotal

516. Pirinifos -ethyl

517. Platinous chloride

518. Platinum tetrachloride

519. Potassium arsenite

520. Potassium chlorate

521. Potassium cyanide

522. Potassium hydroxide

Potassium nitride

523.

524. Potiassium nitrite

525. Potassium peroxide

526. Potassium silver cyanide 527. Powdered metals and mixtures 536. Propionitrile , 3 - chloro

Propiophenone , 4 - amino

537.

538. Propyl chloroformate

Propylene dichloride

539.

540 . Propylene glycol , allylether

541. Propylene iminc

542. Propylene oxide

Prothoate

543 .

Pseudosumene

544.

545. Pyrazoxon

546. Pyrene

547. Pyridine

548. Pyridine , 2- methyl - 3 - vinyl

549. Pyridine , 4- nitro - 1 - oxide

550. Pyridine , 4 - nitro - l - oxide

Pyriminil

551 .

552. Quinaliphos

553. Quinone

Rhodium trichloride

554 .

Salcomine

555 .

556 . Sarin

557. Selenious acid

558. Selenium Hexafluoride

559. Selenium oxychloride

560. Semicarbazide hydrochloride

561. Silane (4 - amino butyl ) diethoxy- meth

562. Sodium

563. Sodium anthra- quinone - 1- sulphonate

564. Sodium arsenate

565 . Sodium arsenite

566. Sodium azide

567. Sodium cacodylate

Sodium chlorate

568 .

569. Sodium cyanide मध्यप्रदेश राजपत्र , दिनांक 9 मार्च 2021

276(284)

570. Sodium fluoro - acetate

528. Promecarb

571. Sodium hydroxide

Promurit

529.

572. Sodium pentachloro - phenate

Propanesultone

530.

573 . Sodium picramate

531. Propargyl alcohol

574. Sodium selenate

532. Propargyl bromide

Scdium selenite

575 .

576. Sodium sulphide

533. Propen - 2 -chloro- 1,3 -diou diacetate

577. Sodium tellorite

534. Propiolactone beta

618. Thiometon

578. Stannane acetoxy triphenyl

619. Thionazin

Stibine ( Antimony hydride )

579.

620. Thionyl chloride

580. Strychnine

621. Thiophenol

581. Strychnine sulphate

622. Thiosemicarbazide

623. Thiourea (2 chloro - phenyl )

582. Styphinic acid (2 , 4,6- trinitroresorcinol )

624. Thiourea (2 - methyl phenyl )

583. Styrene

584. Sulphotec

625. Tirpate (2,4 -dimethyl - 1,3 -di- thiolane)

585. Sulphoxide , 3 - chloropropyl octyl

626. Titanium powder

586. Sulphur dichloride

627. Titanium tetra- chloride

587. Sulphur dioxide

628. Toluene

588. Sulphur monochloride

Toluene -2,4 - di - isocyanate

629 .

589. Sulphur tetrafluoride

630. Toluene 2,6 -di - isocyanate

590. Sulphur trioxide

631. Trans - 1,4 - di chloro- butene

591. Sulphuric acid

632. Tri nitro anisole

592. Tellurim ( powder)

593 , Tellurium hexafluoride

633. Tri ( Cyclohexyl ) methylstannyl 1,2,4 triazole

594. TEPP ( Tetraethyl pyrophosphate)

595. Terbufos

634. Tri ( Cyclohexyl ) stannyl - 1H - 1 , 2, 3-triazole

Tert - Butyl alcohol

596.

635. Triaminotrinitrobenzene

597. Tert- Butyl peroxy carbonate

636. Triamphos

598. Tert -Butyl peroxy isopropyl

637. Triazophos

638. Tribromophenol 2, 4 , 6

599. Tert-Butyl peroxyacetate (Conc >=70% )

639. Trichloro napthalene

640. Trichioro chloromethyl silane

600. Tert -Butyl peroxypivalate ( Conc >= 77%)

641. Trichloroacetyl chloride

601. Tert - Butyl peroxyiso -butyrate

642. Trichlorodichlorophenylsilane

602. Tetra hydrofuran 276(285)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

603. Terta methyl lead

604. Tetra nitromethane

605. Tetra- chlorodibenzo -p - dioxin , 1 , 2, 3 , 7 , 8 ( TCDD)

606. Tetraethyi lead

607. Tetrafluoriethyne

608. Tetramethylene disulphotetramine 609. Thallic oxide

610. Thallium carbonate

611. Thallium sulphate

612. Thallous chloride

613. Thallous malonate

614. Thallous sulphate

615. Thiocarbazide

616. Thiocynamicacid, 2(Benzothiazolyethio ) methyl 617. Thiofamox

659. Trinitro benzoic acid

660. Trinitro phenetole

661 . Trinitro- m- cresol

662. Trinitrotoluene

663. Tri -orthocreysyl phosphate 664. Triphenyl tin chloride

665. Tris (2 - chloroethyl ) amine

666. Turpentine

667. Uranium and its compounds 668. Valino mycin

669. Vanadium pentaoxide

670. Vinyl acetate

mononer 671. Vinyl

bromide

672. Vinyl chloride

643. Trichloroethyl silane

644. Trichloroethylene

645. Trichloromethane sulphenyl chloride

646. Trichloronate

647. Trichlorophenol 2 , 3 , 6

648. Trichlorophenol 2, 4 , 5

649. Trichlorophenyl silane

650. Trichlorophon

651. Triethoxy silane

652. Triethylamine

653. Triethylene melamine

654. Trimethyl chlorosilane

655. Trimethyl propane phosphite

656. Trimethyl tin chloride

657. Trinitro aniline

658. Trinitro benzene

673. Vinyl cyclohexane dioxide

674. Vinyl fluoride

675. Vinyl norbornene

676. Vinyl toluene

677 . Vinyledene chloride

678. Warfarin

679. Warfarin Sodium

680. Xylene dichloride

681. Xylidine

682. Zinc dichloropentanitrile

683. Zink phosphide

684. Zirconium & compounds मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276 (286)

SCHEDULE II ( Sce rule 3)

SCHEDULE OF FEES FOR REGISTRATION OF

ESTABLISHMENT

(A) Schedule of fees for registration of factories

-The fees to be paid for the grant of a certificate of registration relating to a factory shall be as specified below, namely:

If the number of workers proposed to be employed in a factory on one day : -

Rs.100.00

upto 100

(a) ls

Rs . 500.00

(b ) More than 100 but less than 500.

Rs . 1000.00

(c) More than 500

Rs.2000.00

(d) More than 1000

(B) Schedule of fees for registration of Plantation

Area of Plantations

Rate of Fees

1000/ -

Not more than 10 hectares

1500/-

10 hectares or more than 10 hectares but less than 25 hectares

2500/-

25 hectares or more than 25 hectares but not less than 50 hectares

3000/-

50 hectares or more than 50 hectares but not less than 75 hectares 276(287)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

3500/-

75 hectares or more than 75 hectares but not less than 100 hectares

4000/-

100 hectares or more than 100 hectares but not less than 150 hectares

5000/-

More than 150 hectares

(C) Schedule of fees for registration of Motor transport undertaking

FeesRs .

Maximum number of Motor Transport Workers to be employed during the year

(2)

(1)

400

10

1000

25

2000

50

4000

100

10000

250

20000

500

30000

750

40000

1000

60000

1500 मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(288 )

(D) Schedule of fees for registration and licencing of premises for Beedi and Cigarwork-

If the number of employees proposed to be employed on any day during the financial year for which the licence is required or renewed-

(a) less than ten

(b) more than ten but less thantwenty

(c) more than twenty but less thanfifty

(d) more than fifty but less thanhundred

(e) more than hundred but less than two hundred fifty

(f) more than two hundred fifty

Fees for industrial premises in which power driven machinery it not used

Fees for industrial premises in which power driven machinery is used

(1)

(2)

Rs .

Rs.

200

150

400

300

900

750

1800

1500

3600

3000

5000

4500 276(289)

मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

(E) Schedule of fees for registration audio- visual production

Fees Rs .

Maximum number of Audio-Visual Workers to be employed during the year

(2)

(1)

500

10

1000

25

2000

50

4000

100

10000

250

20000

500

30000

750

40000

1000

60000

1500

(F) Schedule of fees for registration of building and other construction work- The fees to be paid for the grant of a certificate of registration relating to building and other constructin work shall be as specified below , namely :

If the number of workers proposed to be employed as building workers , for a building of other construction work on one day : -

Rs . 100.00 .

(a) Is upto 100

Rs. 500.00

(b) More 100 but less than 500 .

Rs . 1000.00

(c) More than 500

(G) Schedule of fees for registration of Contract worker- मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(290)

No. Of Labour

Fees Rs .

(1)

(2)

upto50

100

More than 50 but less than 100

200.00

More than 100 but less than 200

300.00

More than 200 but less than 400

500.00

More than 400

1000.00

Shedule III

Chief Inspector cum Facilitator for various establishments under section 34 (5 )

SN . Name ofestablishment

Jurisdiction

Qualification andExperience

Prevailing name of post in the state

1. Building or other construction work

Whole ofthe State

Labour Commissioner. Madhya Pradesh

Labour Commissioner- Ex officio

2.

Factories

Whole of the

State

Holding or officiating Director Industrial Health and safety

Degreein engineering with minimum fifteenYears ofexperience in the field of administration ofFactories Act1948 / occupational safety, health and working condition code मध्यप्रदेश राजपत्र, दिनांक 9 मार्च 2021

276(291) 3

Graduate

Bidi and cigar work

Assistant Labour Commissioner /Labour Officer

Within his

respective

jurisdiction

4

Graduate

Motor Transport Undertaking

Assistant Labour Commissioner/Labour Officer

Within his

respective

jurisdiction

5 Plantation Graduate

Assistant Labour Commissioner/ Labour Officer

Withinhis

respective

jurisdiction

6 Contract work Graduate

Assistant Labour Commissioner/Labour Officer

Within his

respective

jurisdiction

7

Graduate

Audio -visual production

Assistant Labour Commissioner/Labour Officer

Within his

respective

jurisdiction

By order and in the name of the Governor of Madhya Pradesh , CHHOTAY SINGH , Dy. Secy.

नियंत्रक, शासकीय मुद्रण तथा लेखन सामग्री, मध्यप्रदेश द्वारा शासकीय केन्द्रीय मुद्रणालय , भोपाल से मुद्रित तथा प्रकाशित-2021 ,

Cite this issue. Madhya Pradesh Gazette, Government of Madhya Pradesh, 09 March 2021. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.madhya.2021-03-09.138.Extraordinary/. Archive identifier in.gazette.madhya.2021-03-09.138.Extraordinary.