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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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▪ ➢ 2017 } | 11 { No. 42 Poudouchéry Mardi 11 Juillet 2017
No. Puducherry Tuesday 11th July 2017
( 20 Asadha 1939 )
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Ms. No. 13/2017/Lab., Puducherry, dated 5th July 2017)
NOTIFICATION
The following Draft Rules seeking to amend the Puducherry Factories Rules, 1964, which the Lieutenant-Governor of Puducherry proposes to make in exercise of the powers, conferred under section 112 of the Factories Act, 1948 (Act No.63 of 1948), is hereby published as required by sub-section (1) of section 115 of The Factories Act, 1948 (Act No. 63 of 1948), for information of all persons likely to be affected thereby and notice is hereby given that the said proposal will be taken into consideration by the Government of Puducherry after expiry of forty-five days from the date of publication of the draft proposal in the Official Gazette, Puducherry.
[ 895 ] 896 LA GAZETTE DE L'ETAT [PART–II
2. Any objections or suggestions received from any person with
respect to the proposal before expiry of the period specified above will
be considered by the Government of Puducherry. The objections or
suggestions should be addressed to the Secretary to Government,
Labour Department, Puducherry.
DRAFT PROPOSAL
In exercise of the powers conferred under section 112 of the
Factories Act, 1948 (Act No. 63 of 1948), the Lieutenant-Governor of
Puducherry hereby makes the following rules further to amend the
Pondicherry Factories Rules, 1964, namely:-
1. Short title, extent and Commencement.— (1) These rules may
be called the Puducherry Factories (Amendment) Rules, 2017.
(2) These rules shall extend to the whole of the Union territory
of Puducherry.
(3) They shall come into force on and from the date of
publication in the Official Gazette.
2. Amendment to Title.— In the Pondicherry Factories Rules, 1964,
in the Title for the existing word 'Pondicherry' the word 'Puducherry'
shall be substituted.
3. Amendment to Rule 1.— In the Pondicherry Factories Rules,
1964 (hereafter referred to as the said rules) in sub-rule(l) of rule 1, for
the word 'Pondicherry' the word 'Puducherry' shall be substituted.
4. Amendment to Rule 110.— In the said rules, for the existing rule
110, the following shall be substituted, namely:-
"110. Returns:
The manager of every factory shall furnish to the Inspector
having jurisdiction over the area where the factory is located the
following returns, namely:
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PART–II] LA GAZETTE DE L'ETAT
(1) Annual yearly returns.- On or before the 31st January
of each year, a combined annual return, in duplicate, in Form
No. 19;
(2) Half-yearly returns.- On or before the 31st January and
31st July of each year, a half-yearly return in duplicate in Form
No. 20."
5. Amendment to Rule 111.— In the said rules, the existing rule 111
shall be deleted.
6. Amendment to Rule 112.— In the said rules, for the existing rule
112, the following shall be substituted, namely:
"112. Seasonal Factories- Returns:-
In the case of a factory in which work is carried on only
during certain period or period of the year the Manager shall, if so,
required by the State Government or if, the State Government so
directs, through the Chief Inspector shall submit the annual or
half-yearly returns mentioned in rule 110 within fifteen days after
the close of that period or after the close of the last of those
periods in the year, as the case may be.
AMENDMENT TO THE FORMS
7. The existing Form-19 prescribed under sub-rule (1) of rule 110,
shall be replaced with the Form-19 appearing at the end of this
notification.
898 LA GAZETTE DE L'ETAT [PART–II
FORM-19
(Prescribed under sub-rule (1) of rule 110)
COMBINED ANNUAL RETURN
(to be submitted before 31st January)
For the year ending 31st December, 2.........
1. Registration number of factory :
2. Name of factory :
3. Name of occupier :
4. Name of the Manager :
5. District
:
6. Full postal address of factory :
7. Nature/Type of industry :
Number of workers and particulars of employment
8. Number of days worked in the year :
9. Number of man-days worked during the year
(a) Men :
(b) Women :
(c) Adolescents-Male :
10. Average number of workers employed daily (See explanatory note) (ii) Women :
(ii) Female :
899
PART–II] LA GAZETTE DE L'ETAT
11. Total number of man-hours worked including overtime.
| Normal | Overtime | Total |
(a) Men :
(b) Women :
(c) Adolescents-Male :
(d) Adolescents-Female :
12. Average number of hours worked per week (see explanatory note)
(a) Men :
(b) Women :
(c) Adolescents-Male :
(d) Adolescents-Female :
13. (a) Does the factory carry out :
any process or operations declared as dangerous under section 87 (see rule 105).
(b) If so, give the following :
information.
Name of the dangerous Average number of persons
process or operations employed daily in each of the carried on processes or operations given
in column 1
(i)
(ii)
(iii) etc.
Leave with Wages
14. Total number of workers employed during the year 900 LA GAZETTE DE L'ETAT [PART–II
15. Number of workers who were entitled to annual leave with wages
during the year.
(a) Men :
(b) Women :
(c) Adolescents :
16. Number of workers who were granted leave during the year
(a) Men :
(b) Women :
(c) Adolescents :
17. (a) Number of workers who were :
discharged, or dismissed
from the service, or quit
e m p l o y m e n t , o r w e r e
superannuated, or died while
in service during the year.
(b) Number of such workers in :
r e s p e c t o f wh o m wa g e s
in lieu of leave were paid.
Compensatory Holidays
18. Number of workers exempted from section 52 of the Act
(a) Men :
19. Number of workers who were granted compensatory holidays
during.
(c) Third month :
901
PART–II] LA GAZETTE DE L'ETAT
Safety Officers
20. (a) Number of Safety Officers :
required to be appointed as
p e r n o t i f i c a t i o n u n d e r
section 40-B.
(b) Number of Safety Officers :
appointed.
Ambulance Room
21. I s ther e an ambulance r oo m :
p r o v i d e d i n t h e f a c t o r y a s
required under section 45?.
Occupational Health Centre
22. Is there an Occupational Health :
Centre provided as per rule 65 AC.
Canteen
23. (a) Is there a canteen provided :
in the factory as required
under section 46?
(b) Is the canteen provided/
managed–
(i) directly by :
Management? or
(ii) through a :
contractor?.
Shelters or Rest Rooms and Lunch Rooms
24. (a) Ar e t he r e a d e q u at e an d :
suitable shelter s o r rest
r o o m s p r o v i d e d i n t h e
factory as required under
section 47?.
902 LA GAZETTE DE L'ETAT [PART–II
(b) Are there adequate and : s u i t a b l e l u n c h r o o m s
provided in the factory as required under section 47?
Creches
25. Is there a Creche provided in :
the factory as required under section 48?
Welfare Officers
26. (a) Number of Welfare Officers :
to be appointed as required under section 49.
(b) Number of Welfare Officers :
appointed.
Accidents
27. (a) Total number of accidents (See explanatory notes)
(i) Fatal :
(ii) Non-Fatal :
(b) Accidents in which workers returned to work during the year to
which this return relates.
(i) Accidents (workers injured) occurring during the year
in which injured workers returned to work during the same year.
(aa) Number of : accidents.
(ab) Man-days :
lost due to
accidents.
(ii) Accidents (workers injured) occurring in the previous
year in which injured workers returned to work during the year to which this return relates.
903
PART–II] LA GAZETTE DE L'ETAT
(aa) Number of :
accidents.
(ab) Man-days :
lost due to
accidents.
(c) Accidents (workers injured) occurring during the year in which
injured workers did not return to work during the year to which
this return relates
(i) Number of accidents :
(ii) Man-days lost due :
to accidents.
Certified that the information furnished above is to the best of my
knowledge, belief and correct.
Signature of the Manager.
Date :
Explanatory Notes:
1. The average number of workers employed daily should be
calculated by dividing the aggregate number of attendance on working
days (that is, man-days worked) by the number of working days in the
year. In reckoning attendance, attendance by temporary as well as
permanent employee should be counted, and all employees should be
included, whether they are employed directly or through contractors.
Attendance on separate shifts (e.g. night and day shifts) should be
counted separately. Days on which the factory was kept closed for
whatever reason, and the days on which the manufacturing processes
were not carried out should not be treated as working days. Partial
attendance for less than half a shift on a working day should be ignored,
while attendance for half a shift or more on such day should be treated
as full attendance.
904 LA GAZETTE DE L'ETAT [PART–II
2. For seasonal Factories, the average number of workers employed during the working season and the off-season should be given separately. Similarly, the number of days worked and average number of man-hours worked per week during the working and off-season should be given separately.
3. The average number of hours worked per week means the total actual hours worked by all workers during the year excluding the rest intervals but, including overtime work divided by the product of total number of workers employed in the factory during the year by 52. In case, the factory has not worked for the whole year, the number of weeks during which the factory worked should be used in place of the figure 52.
4. Every person killed or injured should be treated as one separate accident. If, in one occurrence six persons were injured or killed, it should be counted as six accidents.
5. In item 27(a), the number of accidents which took place during the year should be given. In case of non-fatal accidents only those accidents which prevented workers from working for 48 hours or more, should be indicated.
(By order of the Lieutenant-Governor)
E. VALLAVAN,
Additional Secretary to Government (Labour).
————
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