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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.

Registered with the Registrar

of Newspapers for India under

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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EXTRAORDINAIRE

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2017 } | 11 {

No. 42 Poudouchéry Mardi

Juillet

2017

No.

Puducherry

Tuesday

11th

July

2017

( 20 Asadha 1939 )

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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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(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.

8. The existing Form-21 prescribed under sub-rule (3) of rule 110,

the existing Form-22 prescribed under sub-rule (4) of rule 110, the

existing Form-29 prescribed under sub-rule (1) of rule 111, the existing

Form-30 prescribed under sub-rule (2) of rule 111, the existing Form-31

prescribed under sub-rule (3) of rule 111, the existing Form-32 prescribed

under sub-rule (5) of rule 110 shall be deleted.

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[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

(d) Adolescents-Female

10. Average number of workers employed daily (See explanatory note)

(a) Adults

(i)

Men

(ii)

Women :

(b) Adolescents

(i)

Male

(ii)

Female :

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11. Total number of man-hours worked including overtime.

Normal

Overtime

Total

(a) Men

(b) Women

(d) Adolescents-Female

12. Average number of hours worked per week (see explanatory note)

(a) Men

(b) Women

(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

(a) Men

(b) Women

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[PART–II

15. Number of workers who were entitled to annual leave with wages

during the year.

(a) Men

(b) Women

16. Number of workers who were granted leave during the year

(a) Men

(b) Women

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 we r e

superannuated, or died while

in service during the year.

(b) Number of such workers in :

respect of whom wages

in lieu of leave were paid.

Compensatory Holidays

18. Number of workers exempted from section 52 of the Act

(a) Men

(b) Women

19. Number of workers who were granted compensatory holidays

during.

(a) Same month

(b) Following month

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Safety Officers

20. (a) Number of Safety Officers :

required to be appointed as

per notificatio n under

section 40-B.

(b) Number of Safety Officers :

appointed.

Ambulance Room

21. Is there an ambulance room :

provided in the factory as

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) Are there adequate and :

suitable shelters or rest

roo ms provided in the

factory as required under

section 47?.

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(b) Are there adequate and

sui tab l e l unch ro o ms

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.

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(aa) Number of

accidents.

(ab) Man-days

lost due to

accidents.

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.

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online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry-605 009.

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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