[ 451 ]

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 09/AIL/Lab./G/2022, Puducherry, dated 2nd August 2022)

NOTIFICATION

The following Draft Rules, which the Government of Puducherry,

proposes to make in exercise of powers conferred by sections 133 and

135 of the Occupational Safety, Health and Working Conditions

Code, 2020 (37 of 2020) read with section 24 of General Clauses

Act, 1897 (Central Act 10 of 1897) and in supersession of,-

1. The Puducherry Building and Other Construction Employees

(Regulation of Employment and Condition of Services)

Rules, 2002;

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La Gazette de L' État de Poudouchéry

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No. 39 Poudouchéry

Mercredi

Août

2022

No.

Puducherry

Wednesday

24th

August

2022

(2 Bhadra 1944)

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LA GAZETTE DE L'ETAT

[PART–II

2. The Puducherry Factories Rules,1964;

3. The Contract Labour (Regulation and Abolition) Puducherry

Rules, 1972;

4. The Inter-State Migrant Workmen (Regulation of Employment

and Conditions of Service)Puducherry Rules, 2013; and

5. The Puducherry Motor Transport Employees Rules, 1972,

except in respect of things done or omitted to be done before such

supersession, are hereby notified as required by sub-section (1) of

section 133 and sub-section (1) of section 135, for information of all

persons likely to be affected thereby and notice is hereby given that

the said draft Notification will be taken into consideration after the expiry

of a period of 45 days from the date on which the copies of the Official

Gazette, in which this Notification is published, are made available to

the public;

Objections and suggestions if any, may be addressed to the

Commissioner/Secretary to Government, Labour Department, Government

of Puducherry,by e-mail to the e-mail [email protected]. The objections

and suggestions should be sent in a pro forma containing column (i)

specifying the name and address of the persons and organizations and

column (ii) specifying the revised rule or sub-rule proposed to be

submitted and column (iii) specifying the reasons therefor;

Objections and suggestions, which may be received from any

person or organization with respect to the said Draft Notification before

expiry of a period of 45 days, specified above, will be considered by the

Government of Puducherry.

(By order of the Lieutenant-Governor)

S.D. SUNDARESAN, I.A.S.,

Secretary to Government (Labour).

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DRAFT RULES

CHAPTER–I

PRELIMINARY

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

be called the Puducherry Occupational Safety, Health and Working

Conditions Rules,2022.

(2) They extend to whole of the Union territory of Puducherry;

(3) They shall come into force on the date of their final

publication in the Official Gazette.

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

requires,–

(a) “Appellate Authority” mean, an authority prescribed by the

Government of Puducherry under section 90 or sub-section (3) of

section 111 or sub-section (6) of section 119 as the case may be;

(b) “Appellate Officer” mean, the Officer as notified by the

Government of Puducherry under section 4 of the Code;

Government under sub-section (1) of section 5, sub-section (1) of section 10,

section 11, sub-section (1) of section 12, sub-section (3) of section 66,

sub-section (1) of section 119 and section 133 as the case may be;

(d) “Code” means, the Occupational Safety, Health and Working

Conditions Code,2020;

(e) “Compounding Officer” mean, an officer notified by the

Government of Puducherry under section 114;

(f) “District Magistrate” include, the Additional District

Magistrate and any other officer appointed by the Government of

Puducherry in that behalf.

(g) “electronically” means, any information submitted by digital

mode or uploading on the designated portal or digital payment in any

mode for the purpose of the Code;

(h) “Enquiry Officer” means, an Officer appointed by the

Government of Puducherry for holding enquiry under section 111;

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[PART–II

(i) “Form” means, a Form annexed to these rules;

(j) “Government” means, Administrator of the Union territory

of Puducherry appointed by the President of India under Article 239 of

the Constitution.

(k) “Registering Officer” mean, the Registering Officer

appointed under section 3 of the Code by the Government of Puducherry

for the purposes of these rules;

(l) “Schedule” means, a Schedule annexed to these rules;

(m) “Section” means, the section of the Code;

(n) “Social Security Fund” means, Puducherry Social Security

Fund established under section 115 of the Social Security Code, 2020;

(o) “State

Advisory

Board”

means,

the

Puducherry

Occupational, Safety and Health Advisory Board established/constituted

under section 17 of the Code;

(2) The words and expressions used in these rules and are not

defined herein, but, are in the Code, shall have the respective meaning

assigned to them in the Code.

CHAPTER–II

REGISTRATION

3. Sources of Income for the purposes of the explanation to

clause (x) of sub-section (1) of section 2.— A member of the family

having income up to rupees five thousand per month from all sources,

or, any other income notified by the Employees State Insurance

Corporation (ESIC) for the purpose of availing medical benefit under the

Scheme, shall be included as dependent for the purpose of these rules.

4. Substance or quantity of substance under clause(zb) of

sub-section (1) of section 2.— For the purpose of this clause,

“hazardous substance” mean, any substance or such quantity of

substance as may be specified by the Government of Puducherry by way

of notification.

5. Late fee for the purpose of proviso to sub-section (1) of section 3.—

The Registering Officer as notified by Puducherry Government shall

period prescribed under this Code on payment of late fee, at the rate of

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25% per annum of the total fee to be deposited for such registration

with the officer, electronically or otherwise along with the prescribed

fee from the time the Code is implemented.

6. The manner of submitting application under sub- section (2)

of section 3 and the Form of such application and the particulars to be

contained therein and the fees to be accompanied therewith.— (1) The

employer seeking registration for an establishment not already registered

shall apply before Registering Officer, electronically in Form-I on the

Official Portal of Labour Department, Government of Puducherry, by

giving details about the establishment and uploading documents related

to registration of the establishment, proof of Identity and address of

the employer(s) as specified in the Form. The Form shall be signed

digitally or in any other manner as may be required on the portal. The

applicant shall be responsible for veracity of all information submitted

in the application.

(2) The Permanent Account Number (PAN) of the applicant or

the establishment allotted under Income Tax Act, 1961 or any other

unique number allotted to the establishment under any other Act for

the time being in force or any other particular furnished in the Form,

may be verified online.

(3) The following fee shall be deposited along with the

registration application electronically on the portal for the registration

of establishments,

Establishments employing up to

9 workers

1,000

Establishments employing

10 to

19 workers

2,000

Establishments employing

20 to

49 workers

3,000

Establishments employing

50 to

99 workers

5,000

Establishments employing

100 to 149 workers

7,000

Establishments employing

150 to 199 workers

` 10,000

Establishments employing

200 to 499 workers

` 15,000

Establishments employing

500 to 999 workers

` 20,000

Establishments employing 1000 and above

` 30,000

Provided that no registration fee shall be charged for the

establishments already registered under Central Labour Laws for

updation of information.

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[PART–II

(4) The certificate of registration shall be issued in such Form

as may be prescribed by the Central Government electronically

immediately if, the application is complete in all respects, but, not later

than seven days from the date of submission of complete application,

failing which such establishment shall be deemed to have been

registered and the certificate of registration shall be auto generated:

(5) The certificate of registration shall be non-transferable and

a copy of the certificate of registration shall be displayed in the premises

of the establishment at a conspicuous place(s) in hard copy and

electronically in the website of the employee.

(6) The Registering Officer under the Code may direct the

employer who fails to comply with the requirements of sub-rule (1), to

do so within the time stated therein and such employer shall, thereupon

comply with the instructions issued by the officer in this behalf.

(7) The employer in respect of an establishment which

commences its work in Puducherry already registered under any other

Central Labour Law for the time being in force shall, update the

registration particulars on the Official Portal of Labour Department,

Government of Puducherry, within six months from the date on which

the Code comes into force.

(8) Any registration obtained by providing wrong information

shall be liable to be cancelled provided that establishment has been

given an opportunity to show cause, electronically or by registered post,

as to why the certificate of registration should not be cancelled.

(9) The employer shall quote the Registration Number on all

documents prepared or completed by him in connection with the Code

or the Rules or the Regulations or the Scheme, as the case may be, and

in all correspondence with the office concerned.

(10) Any change in the ownership, management or any

particular furnished in Registration Form submitted on the specified

portal, shall be updated on the portal by the employer within thirty days

of such change by submitting an application online in such Form as may

be prescribed by the Central Government.

(11) The employer of an establishment to which the provisions

of the Code apply and whose business activities are in process of

closure apply for cancellation of registration online on the Official Portal

of Labour Department, Government of Puducherry after giving complete

details of the dues payable under the Central Labour Codes.

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(12) The registering officer shall maintain a register of

establishment electronically in Form-III showing the particulars of

establishments in relation to which certificates of registration have been

issued by him.

(13) The employer shall, within thirty days of the

commencement and completion of any work, intimate to the Inspector-

cum-Facilitator, having jurisdiction in the area where the proposed

establishment or as the case may be, the work is to be executed, the

actual date of the commencement, completion of work and cessation of

establishment, as the case may be, in Form-IV annexed to these rules,

electronically and the same shall be auto shared to Employment

Provident Fund Organisation and Employees State Insurance

Corporation.

7. Appeal under section 3A.— (1) The employer aggrieved by the

order of Registering Officer, may appeal against such order before the

Appellate Officer appointed by the Government of Puducherry, for such

purpose within thirty days from the date of receipt by him of such order,

electronically or otherwise.

(2) Where, the memorandum of appeal is in order, the Appellate

Officer shall admit the appeal, acknowledge it and intimate admission of

such appeal, and shall register the appeal in electronic form to be kept

for the purpose called the register of appeals.

(3) When the appeal has been admitted, the Appellate Officer

shall send the notice of the appeal to the Registering Officer, against

whose order the appeal has been preferred and the Registering Officer

shall thereupon send the records of the case to the Appellate Officer

online electronically or otherwise.

(4) On receipt of the appeal, the Appellate Officer shall send a

notice to the appellant to appear before him on such date and time as

may be specified in the notice for the hearing of the appeal electronically

or by registered post.

(5) If, on the date fixed for hearing,the appellant does not

appear, the appellate officer may dismiss the appeal for default of

appearance of the appellants by sending the copy of the order to the

applicant electronically or otherwise.

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LA GAZETTE DE L'ETAT

[PART–II

(6) Where an appeal has been dismissed,the appellant may

apply electronically to the Appellate Officer for the restoration of the

appeal within thirty days from the date of receipt of the order and if,

the Appellate Officer is satisfied that the appellant was prevented by

sufficient cause from appearing, the Appellate Officer shall restore the

appeal.

(7) The order of the Appellate Officer shall be communicated

electronically or by registered post to the appellant and copy thereof

shall be sent to the Registering Officer against whose order the appeal

has been preferred and shall be disposed of within a period of thirty

days from the date of receipt of appeal.

8. The Form and manner of sending the notice and authority to

whom the notice shall be sent and the manner of intimating the authority

under sub-section (1) of section 5.— The employer of every

establishment to whom these rules apply shall within thirty days of the

commencement or cessation of operation,submit to the Registering

Officer in Form-IV, electronically or otherwise and the notice of cessation

of operation shall be enclosed with a certificate that the payment of all

dues to the workers employed in the establishment have been made and

the premises are kept free from storage of hazardous chemicals and

substances.

CHAPTER–III

DUTIES OF EMPLOYER AND EMPLOYEE

9. Annual health examination or test free of costs of such employees,

age of employees or class of employees or establishment or class of

establishments under clause (c) of sub-section (1) of section 6.— Every

employer of factory, building and other construction work, dock work

and motor transport undertakings shall arrange to conduct free of cost

medical examination for every worker, annually, i.e., within 120 days from

the commencement of every calendar year, who has completed 45 years

of age. The medical examination shall be conducted by a qualified medical

practitioner as per proforma in Form-V and such Medical Certificate shall

be submitted to the concerned employer and employee.

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PART–II]

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10. The information to be included in the letter of appointment

and the Form of such letter to be issued under clause (f) of sub-section

(1) of section 6.— No employee shall be employed in any establishment

unless he has been issued a letter of appointment in Form-VI :

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.

11. The nature of bodily injury and the manner of notice and the

time within which the notice shall be sent and the authority to which the

notice shall be sent under sub-section (1) of section 10 and section 11.—

(1) Where at any place in an establishment, which is a factory, building

or other construction work spot or dock or a motor transport

undertaking, an accident occurs which results in the death of any person,

the employer or occupier or manager of the establishment shall forthwith

send a notice thereof in Form-VII electronically or otherwise and inform

by telephone to the Inspector-cum-Facilitator or, Chief Inspector-cum-

Facilitator and District Magistrate, Competent Authority as notified by

the Puducherry Government under Social Security Code, 2020 and the

family members/kin of the injured or deceased person.

(2) Where, at any place in an establishment which is factory,

building and other construction work, dock work or motor transport

undertaking, an accident occurs which results in bodily injury by reason

of which the person injured is prevented from working for a period of

forty eight hours or more immediately following the accident, the

employeror occupier or manager of the establishment shall forthwith send

a notice in Form-VII within twelve hours after the completion of forty

eight hours, electronically or otherwise to the Inspector-cum-Facilitator.

(3) Wherein, an establishment there is any dangerous

occurrence as specified in the schedule annexed hereto, whether causing

any bodily injury or disability or not, a notice in Form-VII shall within

twelve hours be sent to;-

(a) The Chief Inspector-cum-Facilitator;

(b) District Magistrate;

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[PART–II

Provided that if, in the case of an accident or dangerous

occurrence, death occurs to any person injured by such accident or

dangerous occurrence after the notices and reports referred to in the

foregoing sub-rules have been sent, the employer of the establishment

shall forthwith send a notice thereof by telephone and electronically or

otherwise 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.

(4) No injured person shall be allowed to return to work without

a ftness certifcate issued by a qualifed Medical Practitioner.

(5) Wherever, the person injured does not return to work in the

establishment before the expiry of 21 days after the occurrence of the

accident with or without disablement and wherever the person injured

returns to work in the establishment after sustaining compensable

disablement as a result of the accident, the employer of the

establishment shall send to the Inspector-cum-Facilitator within 28 days

of the occurrence of the accident, a written report and follow it up as

necessary with further reports once every fortnight thereafter, until

the final report on the date of return to work of the person injured

is made. In the event of the person injured not returning to work of his

own accord or otherwise, the full circumstances of the same should also

be reported to the Inspector-cum-Facilitator by the employer of the

establishment within seven days of his name being removed from muster

roll of the establishment. Even if, the person injured were to be covered

by the Employees’ State Insurance Scheme, it shall be the responsibility

of the employer of the establishment to obtain the relevant information

for the purpose of this rule and report the same to the Inspector-cum-

Facilitator.

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SCHEDULE

The following shall be construed as classes of dangerous

occurrences, whether or not attended by personal injury or disablement,

namely:-

(i) Bursting of any plant or pipeline or equipment containing

petroleum, steam, compressed air or other substance at a

pressure greater than the atmospheric pressure;

(ii) Collapse or failure of a crane, derrick, winch, hoist or other

appliances used in raising or lowering persons or goods, or

any part thereof, or the overturning of a crane;

(iii) Explosion, explosion due to explosives, fire, leakage or release

of harmful toxic gases, bursting out, leakage or escape of any

molten metal, or hot liquid or gas causing bodily injury to

any person or damage to any room or place in which persons

are employed;

(iv) Explosion of a receiver or container used for the storage at

pressure greater than atmospheric pressure of any gas or

gases (including air) or any liquid or solid resulting from the

compression of gas or gases;

(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 framework,

(vii) contact work, excavation and collapse of transmission;

(viii) Spillage or leakage of hazardous substances and damage to

their container;

(ix) Collapse, capsizing, toppling or collision of transport

equipment within the establishment;

(x) Fall from altitude of any excavation, loading or transport

machinery;

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[PART–II

(xi) An instantaneous failure of a pillar, part of a pillar or several

pillars of coal (i.e., a ‘bump’) in working below ground;

(xii) A rock-burst in working below ground; a premature collapse

of any part of the working;

(xiii) A breakage, fracture or failure of an essential part of any

machine or apparatus whereby the safety of persons may be

endangered;

(xiv) A slide causing injury to any person, damage to any

machinery, or interruption of normal mining operations;

(xv) Failure of dump or side in open cast working; a blow out;

(xvi) 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; or

(xvii) A major uncontrolled emission of petroleum or chemical

spillage.

12. The Form of notice related to certain diseases and the time

within which the notice shall be sent and the authority to which the

notice shall be sent under sub-sections (1) and (2) of section 12.—

(1) A notice in the following format shall be sent forthwith electronically,

to the Inspector-cum-Facilitator or Chief Inspector-cum-Facilitator, by

the employer or occupier or Manager of an establishment in which there

occurs any disease as notified under the Third Schedule of the Code.

NOTICE OF DISEASE

(1) Name of establishment:

(2) Nature of establishment:

(3) Details of Patient-

(a) Name of Patient:

(b) Worker ID number of Patient:

(d) Precise occupation of Patient:

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PART–II]

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(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.

Date :

Signature of Employer/Occupier/Manager.

(2) If, any qualified Medical Practitioner attends on a person

who is or has been employed in an establishment and who is or is

believed by the qualified Medical Practitioner to be suffering from any

disease specified in the Third Schedule, the qualified Medical Practitioner

shall without delay send a report in writing to the office of the Chief

Inspector-cum-Facilitator and Inspector-cum-Facilitator stating,-

(i)

the name and full postal address of the patient;

(ii) the disease from which he believes the patient to be

suffering; and

(iii) the name and address of the establishment in which the

patient is or was last employed.

13. The Manner of making report by employee under clause(d)

and other duties to be performed by employees under clause(g) of

section 13.— If, an employee comes to know about any unsafe or

unhealthy condition in the establishment, he shall report to the employer,

health and safety representative or Safety Officer or agent as soon as

practicable, electronically or telephonically or otherwise.

14. Manner of sending report of action taken under sub-section (3)

of section 14.— On receipt of information from the employee relating to

the existence of an imminent danger to their safety and health, the

employer shall take immediate remedial action in this regard. The

employer, whether satisfied or not, shall send a report forthwith of such

actions taken, to the Inspector-cum-Facilitator electronically or by

registered speed post or telephonically.

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[PART–II

CHAPTER–IV

OCCUPATIONAL SAFETY AND HEALTH

15. The constitution, procedure and other matters relating to

State Occupational Safety and Health Advisory Board under sub-section (2)

of section 17.— (1). The Government may constitute a Board to be called,

‘Puducherry Occupational, Safety and Health Advisory Board’ to advise

the Government on such matters arising out of the administration of this

Code as may be referred to it by the Government.

(2) The Constitution of ‘Puducherry Occupational, Safety and

Health Advisory Board.— (1) The Board shall consist of,-

(a) Administrative Secretary, Labour

. . Chairperson

(b) Chairman, Puducherry Pollution Control . . Member

Board.

(ex officio)

. . Member-

Puducherry.

Secretary

(d) Regional Director, ESIC

. . Member

(e) Director,

. . Member

Health and Family Welfare Services,

Puducherry.

(f) Two Representatives of Employers

. . Members

(g) Two Representatives of Employees

. . Members

(3) The Board may meet as often as necessary to discharge the

functions as specified in section 17 of the Code.

(4) Resignation.—

(i) A Member of the Board, not being an ex officio Member,

may resign his office by a letter in writing addressed to the

Chairperson of the Board;

(ii) The seat of such a Member shall fall vacant from the

date on which his resignation is accepted by the Government,

or on the expiry of thirty days from the date of receipt of the

letter of resignation by the Government, whichever is earlier.

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PART–II]

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(5) Cessation of membership.— If, any Member of the Board,

not being an ex officio Member, fails to attend three consecutive

meetings of the Board, without obtaining the leave sanctioned by the

Chairperson of such Board for such absence, he shall cease to be a

Member of the Board:

Provided that the Government may, if satisfied that such Member

was prevented by sufficient cause from attending three consecutive

meetings, direct that such cessation shall not take place and on such

direction being made, such Member shall continue to be a Member of

the Board.

(6) Disqualification for membership.— A person shall be

disqualified for being a Member of the Board,—

(i) if, he is of unsound mind and stands so declared by the

Competent Authority;

(ii) if, he is an undischarged insolvent; or

(iii) if, he has been convicted for an offence, having a penalty

of imprisonment of three months or more.

(7) Removal from membership.— The Government may remove

any Member of the Board, if, in its opinion such Member has ceased to

represent the interest which he purports to represent on such Board:

Provided that no such Member shall be removed unless a

reasonable opportunity is given to him of making a representation against

the proposed action under this rule.

(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 Board shall be paid

travelling allowance for attending the meeting of the Board at

such places as per the instructions issued by Finance

Department, Government from time to time. The amount so paid

to the non-official members shall be debited from the official

account of the Member-Secretary of the Board.

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[PART–II

16. Safety Committee and Safety Officers under section 22.—

1. Safety Committee.—

(1) In every establishment, -

(i) wherein, two hundred and fifty workers or more are

ordinarily employed; or

(ii) which carries on any hazardous process as defined in

clause (za) of section 2 or carries operation declared to be

dangerous under the Code and employs fifty or more workers; or

(iii) which handles a hazardous substance as defined in

clause (h) of rule 2 and employs fifty or more workers;

shall constitute a Safety Committee consisting of representatives of

employers and workers.

(2) The tenure of the Safety Committee shall be three years. The

Safety Committee shall meet at least once in every quarter.

(3) The employer shall, within a period of fifteen days from the

date of receipt of the recommendations of the Safety Committee, take

action to implement the recommendations.

2. Composition of Safety Committee.— (1) The representatives of

the management on Safety Committee, shall consist of,-

(i) A Senior Official, who by his position in the organisation

can contribute effectively to the functioning of the Committee, shall be

the Chairman;

(ii) A Safety Officer wherever available; and

(iii) A Representative each from the production, maintenance,

human resource and purchase departments.

(2) The workers’ Representatives on this Committee shall be as

equal to the number of representatives of the employer, as elected by

the workers:

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(3) The Representative of the workers in the Safety Committee

shall be chosen in the following manner, namely:-

(a) where, there is a sole negotiating Union or negotiating

union under sub-section (2) or sub-section(3) of section 14 of

the Industrial Relations Code, 2020 (35 of 2020) or a negotiating

council under sub-section(4) of that section 14, or the sole

negotiating Union or the negotiating union or the negotiating

council, as the case may be, shall nominate the worker’s

representatives on the Safety Committee and in the case of the

negotiating council, the nomination shall be in the manner that

every registered Trade Union representing in negotiating council

shall be represented in the Safety Committee in proportion to

the number of workers of the industrial establishment who are

members of such Trade Unions;

(b) where, there is no such sole negotiating Union or

negotiating union or negotiating Council as referred to in clause

(a), the workers of the industrial establishment shall choose

amongst themselves the worker’s representatives on the Safety

Committee:

Provided that, the employer may, deploy an electronic process

of conducting the process of choosing representative of workers

over an information technology application, online platform or

other similar platform.

Provided further that there shall be adequate representation

of women workers on the Safety Committee and such

representation shall not be less than the proportion of women

workers to the total number of workers employed in the industrial

establishment:

Provided also that the tenure of the Members of the Safety

Committee shall be three years.

Provided also that in case there is no recognized negotiating

union or negotiating council and where any dispute arises

regarding choosing of the worker’s representative to the Safety

Committee, the matter may be referred to the Labour

Commissioner who shall after hearing the parties decide the

matter and his decision thereon shall be final.

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[PART–II

(4) The minutes of the meeting of the Safety Committee shall

be recorded and produced to the Inspector-cum-Facilitator on demand.

(5) Safety Committee shall have the right to be adequately and

suitably informed of,-

(i) potential safety and health hazards to which the workers

may be exposed at work place;

(ii) data on accidents as well as data resulting from

surveillance of the working environment and of the health of

workers exposed to hazardous substances.

3. Function and duties of the Safety Committee shall include,—

(i) assisting and co-operating with the management in achieving

the aims and objectives outlined in the 'Safety and Health Policy';

(ii) dealing with all matters concerning health, safety and

environment and to arrive at practical solutions to problems

encountered;

(iii) creating safety awareness amongst all workers;

(iv) undertaking educational, training and promotional

activities;

(v) 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;

(vi) carrying out health and safety surveys and identifying

causes of accidents;

(vii) looking into the matters likely to cause danger to the safety

and health of the workers and suggest corrective measures; and

(viii) reviewing the implementation of the recommendations

made by it.

4. Qualification for appointment as Safety Officer for Factory

and Building and other Construction works or Dock work.— (1) A

person shall not be eligible for appointment as a safety officer relating

to factory or building or other construction work or dock work unless

he possesses,-

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(i) a recognised degree in any branch of Engineering or

Technology and has had practical experience in a supervisory

capacity for a period of not less than two years; or

(ii) a recognised degree in Physics or Chemistry and has had

practical experience in a supervisory capacity for a period of

not less than five years; or

(iii) a recognised diploma in any branch of Engineering or

Technology and has had practical experience in a supervisory

capacity for a period of not less than five years; and

(iv) possesses any Diploma in Industrial Safety conducted

by any Institute under Directorate General, Factory Advice

Service and Labour Institutes (DGFASLI), Ministry of Labour

and Employment, Government of India (or) possesses a Degree

(or) a Diploma in Industrial Safety with equivalent syllabus and

duration of not less than one year awarded by any University

incorporated under the Central or State Acts or Department of

Technical Education or Board of Technical Education of any

State/Union Territories/Government of India; and

(v) has adequate knowledge of Tamil language:

Provided that the employer shall ensure that the Safety

Officer appointed shall acquire adequate knowledge of the

language spoken by majority of workers within one year from

the date of such appointment.

(2) Notwithstanding anything contained in sub-rule (1), any

person who -

(i) possesses a recognised Degree or Diploma in Engineering

or Technology and had experience of not less than five years

in a Department of the Central or State Government which deals

with the administration of the Factories, Building or other

Construction workers; or

(ii) possesses a recognised Degree or Diploma in Engineering

or Technology and had experience of not less than five years,

full-time, on training, education, consultancy, or research in the

field of accident prevention in industry or in any institution,

shall also be eligible for appointment as a Safety Officer.

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[PART–II

5. Recruitment of Safety Officer.— (1) The post of Safety Officer

to be filled in any factory or building and other construction work or

dock work shall be advertised by the concerned employer in a prominent

online job portal or at least in two newspapers having wide circulation

in the State, out of which one newspaper shall be in Vernacular

language and other in English:

Provided that the vacancies in the post of Safety Officers in

the Government establishments, Quasi-Government establishments and

public undertakings shall be filled up based on the concerned

establishment’s recruitment policy:

Provided further that, when the post is proposed to be filled by

transfer or promotion from among the members of staff in the

establishment or group of establishments belonging to the same

employer, the vacancy shall be widely published among the prospective

staff by suitable methods.

(2) Selection for appointment to the post of Safety Officer by

direct recruitment or by transfer or promotion or nomination shall be

made from among the candidates applying for the post, through a

Selection Committee appointed by the employer of the establishment.

(3) The appointment of the Safety Officer, when made, shall be

notified by the employer of the establishment to the Chief Inspector-

cum-Facilitator, giving full details about the qualifications, age, pay and

allowances, previous experience and other relevant particulars of the

officer appointed and the terms and conditions of the service applicable

to him.

6. Filling up of the vacancy of the post of Safety Officer.— Every

vacancy in the post of Safety Officer caused by death, dismissal or

discharge of the person holding such post or by any other cause, shall

be forthwith notified by the Employer to the Chief Inspector-cum-

Facilitator and shall be filled up within three months of the occurrence

of such vacancy.

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7. Number of Safety Officers and conditions of service.— (1) The

number of Safety Officers to be appointed in an establishment, shall be

as per the Table below:-

THE TABLE

Sl.

Number of workers ordinarily

Number of

No.

employed in an Establishment

Safety Officers

to be employed

(1)

(2)

(3)

Not exceeding 2,000

1 (One)

Above 2,000 but, not exceeding 5,000

2 (Two)

Above 5,000 but, not exceeding 8,000

3 (Three)

Above 8,000 but, not exceeding 10,000

4 (Four)

Above 10,000

5 (Five)

(2) When more than one Safety Officers are appointed, anyone

among them shall be designated as the Chief Safety Officer and shall

have the status higher than that of others. The Chief Safety Officer shall

be in overall charge of the safety functions, as specified in rule 16(VII)

and other Safety Officers shall work under his control.

(3) The Chief Safety Officer or the Safety Officer in the case of

the establishments where, only one Safety Officer is required to be

appointed, shall be given the status of a senior executive equivalent to

the Head of Department and he shall work directly under the control of

the Chief Executive of the establishment. All the Safety Officers shall

be given appropriate status to enable them to discharge their functions

effectively.

(4) The Scale of Pay and allowance to be granted to the Safety

Officers including the Chief Safety Officer and the conditions of their

service shall be the same as those of the other officers of corresponding

status in the establishment.

(5) In the case of dismissal or discharge, the concerned Safety

Officer shall have the right to appeal to the Chief Inspector-cum-

Facilitator, whose decision thereon shall be final and binding upon the

employer of the establishment.

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[PART–II

(6) The appeal shall be preferred within thirty days from the date

of the receipt of the order of dismissal or discharge by the Safety Officer

concerned.

8. Duties of Safety Officer.— The duties of the Safety Officers

shall be to advise and assist the Establishment in the fulfillment of its

obligations, statutory or otherwise, concerning prevention of personal

injuries and maintaining a safe working environment. These duties shall

include the following, namely:-

(1) to advise the concerned departments in planning and

organizing measures necessary for the effective control of personal

injuries;

(2) to advise on safety aspects in all job studies and to carryout

detailed job safety studies of selected jobs;

(3) to check and evaluate the effectiveness of the action taken

or proposed to be taken to prevent personal injuries;

(4) to advise the purchasing and stores departments in ensuring

high quality and availability of personal protective equipment;

(5) to advise on matters relating to carrying out of plant safety

inspections;

(6) to carry out plant safety inspections in order to observe the

physical conditions of work and the work practices and procedures

followed by workers and to render advise on measures to be adopted

for removing the unsafe physical conditions and preventing unsafe

actions by workers;

(7) to render assistance on matters relating to reporting and

investigation of industrial accidents and occupational diseases;

(8) to investigate all accidents and near-miss incidents;

(9) to render assistance for the cases of industrial diseases

contracted and in respect of dangerous occurrences specified in rule 8;

(10) to render assistance on the maintenance of such records

as are necessary relating to accidents, dangerous occurrences and

industrial diseases;

(11) to organise in association with the concerned Department

or campaigns, competitions, contests and other activities which will

develop and maintain the interest of the workers in establishing and

maintaining safe conditions of work and procedure; and

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(12) to design and conduct either independently or in

collaboration with the Training Department, suitable training and

educational programs for the prevention of personal injuries and for the

propagation of safety awareness.

CHAPTER–V

HOURS OF WORK AND ANNUAL LEAVE WITH WAGES

17. Conditions for exemption of workers from weekly and

compensatory holidays under sub-section (2) of section 26.— (1) For

the purposes of section 26, there shall be displayed 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 in

English and in vernacular language.

(2) Except in the case of worker engaged in any work which for

technical reasons must be carried on continuously throughout the day,

the compensatory holidays to be allowed under sub-section (3) of

section 26 of the Code shall be so spaced that not more than two

compensatory holidays are given in one week.

(3) The Manager of the establishment shall display, on or

before the end of the month in which holidays are lost, a notice in respect

of workers allowed compensatory holidays during the following month

and of the dates thereof, at the place at which the notice of periods of

work prescribed under section 26 is displayed. Any subsequent change

in the notice in respect of any compensatory holiday shall be made not

less than three days in advance of the date of that holiday.

(4) Any compensatory holiday or holidays to which an 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.

18. The total number of hours of overtime under second proviso

of section 27.— (1) In pursuance of section 27 of the Code, where in an

establishment a worker works for more than eight hours in any day or

for more than forty-eight hours in any week, as the case may be, he

shall in respect of such overtime work be entitled to wages at the rate

of twice his ordinary rate of wages and shall be paid for such overtime

at the end of each wage period.

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(2) In calculating overtime on any day, a fraction of an hour

between 15 to 30 minutes shall be counted as 30 minutes and in case of

more than 30 minutes it shall be rounded and shall be counted as an

hour on actual basis.

(3) In calculating the wages or earnings in the case of a worker

paid by the month, the daily wages shall be 1/26th of his monthly wages;

and in the case of any other worker, it shall be the daily wages or

earnings as the case may be.

(4) The spread over for the workers shall exceed twelve hours

in any one day under the following works and circumstances in factories

and building and other construction, namely: -

(i) Urgent repairs;

(ii) Work in the nature of preparatory or complimentary work;

(iii) Work which is necessarily so intermittent that the

intervals during which they do not work while on duty ordinarily

amount to more than the intervals for rest;

(iv) Work which for technical reasons must be carries on

continuously;

(v) Engaged in making or supplying articles of prime

necessity which must be made or supplied every day;

(vi) Engaged in a process which cannot be carried on except

during fixed seasons;

(vii) Engaged in a process which cannot be carried on except

at times dependent on the irregular action of natural forces;

(viii) Engaged in engine rooms or boiler houses or in

attending to power plant or transmission machinery;

(ix) Engaged in process on account of the break-down of

machinery;

(x) Engaged in the loading or unloading of railway wagons

or lorries or trucks;

(xi) Exceptional press of work and engaged in any work,

which is notified by the Central Government/Government of

Puducherry in the Official Gazette as a work of national

importance:

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Provided that no worker shall be allowed to work overtime

exceeding one hundred twenty-five hours in any quarter of a

year.

19. Circumstances for exemption from restriction on double

employment in a factory under section 30.— The Government may in

exceptional cases as it deems proper exempt any establishment or any

person on double employment under this section by notification in

Official Gazette assigning full justification of such order/ notification.

20. The form of notice, manner of display of such notice and the

manner in which such notice shall be sent to the Inspector-cum-

Facilitator under sub-section (2) of section 31.— The notice referred

to in sub-section (2) of section 31 shall be displayed at conspicuous

places on a notice board or electronic board and maintained in Form-VIII

and copy of such notice shall be sent to Inspector-cum-Facilitator

electronically or by registered postor otherwise.

CHAPTER–VI

MAINTENANCE OF REGISTERS, RECORDS AND RETURNS

21. The form of register and particulars of workers under clause

(a) of section 33.— (1) Every employer shall maintain register of workers

containing the particulars of their wages, overtime, fine, deduction for

damage or loss in Form-IX electronically or otherwise and shall be kept

available at an office or the nearest convenient building within the

precincts of the establishment.

(2) (i)

in case of manual registers and other records, be legibly

entered in ink in English and the regional language in

which the establishment is situated in the Union

territory of Puducherry;

(ii) be preserved in original for a period of one calendar year

after the date of the last report or entry:

Provided that when the original record is lost or destroyed

before the expiry of one year period, true copies thereof, if available,

shall be preserved for the prescribed period.

(3) The record as prescribed under sub-rule (1) and sub-rule (2)

shall be produced, electronically or by registered post, on demand before

the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator or

any person authorized in that behalf by the Government.

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[PART–II

22. The manner and form of displaying notices under clause (b)

of section 33.— Every employer shall cause to display at a 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, Tamil, or in any other regional language of the region in which

the establishment is situated in the Union territory of Puducherry as

the case may be.

23. Return, manner of filing the return and periods of filing

return to Inspector-cum-Facilitator under clause (d) of section 33.—

(1) Every employer of an establishment shall send annually a return

relating to such establishment in duplicate in Form-X 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, Shimla.

(2) Register of accident and dangerous occurrences.— The

of section 33 of the Code shall be maintained in Form-XI.

(3) Register of leave with wages under sub-clause (v) of clause

(a) of section 33.—

(i) The employer of every establishment shall maintain in

respect of every worker thereof a record of leave with wages

electronically or manually in Form-XII;

(ii) The register mentioned in clause (i) shall be preserved

for a period of two years after the last entry in them has been

made and shall not be destroyed even after the expiry of that

period unless it has been properly transferred to the new

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CHAPTER–VII

INSPECTOR-CUM-FACILITATOR AND OTHER AUTHORITY

24. The qualification and experience of Chief Inspector-cum-

Facilitator under sub-section (5) of section 34.— The Government may

appoint an officer not below the rank of Labour Commissioner as Chief

Inspector-cum-Facilitator for the whole of the Union territory of

Puducherry under the provisions of this Code.

25. The manner of taking samples of any article or substance

found in any premises and air of atmosphere under clause (x) of

sub-section (1) of section 35.— An Inspector-cum-Facilitator shall take

samples or substances in an establishment as per the inspection scheme

mandated under official portal of the Labour Department after informing

the employer/occupier/Manager of the establishment, taken in the

manner hereinafter providing a sufficient sample of any substance used

or intended to be used in the establishment such use being-

(a) in the belief of the Inspector-cum-Facilitator in

contravention of any of the provisions of this Code or the rules

made thereunder; or

(b) in the opinion of the Inspector-cum-Facilitator likely to

cause bodily injury to, or injury to the health of employee in

the establishment.

(2) Where the Inspector-cum-Facilitator takes a sample under

sub-rule (1), he shall, in the presence of the employer or employer’s

representative informed under that sub-rule unless such person willfully

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 rule.

(4) The Inspector-cum-Facilitator shall,-

(i) forthwith give one portion of the sample to the employer

or employer representative;

(ii) forthwith send the second portion to a Government

laboratory or National Accreditation Board for Testing and

Calibration Laboratories (NABL) accredited laboratory for

analysis and report thereon; and

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[PART–II

(iii) 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 or NABL accredited laboratory 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.

26. The other powers to be exercised and duties to be performed

by the Inspector-cum-Facilitator under clause (xiv) of sub-section (1)

of section 35.— (1) If, it appears to the Inspector-cum-Facilitator that

any building or part of a building or any part of the ways, machinery

or plant in a factory is in such a condition that it is dangerous to human

life or safety or health, he may serve on the employer/occupier/Manager

of the factory an order in writing specifying the measures which in

his opinion should be adopted and requiring them to be carried out

before a specified date.

(2) If, it appears to the Inspector-cum-Facilitator that the use

of any building or part of a building or any part of the ways, machinery

or plant in a factory involves imminent danger to human life or safety

or health, he may serve on the occupier of the factory an order in writing

prohibiting its use until it has been properly repaired or altered.

(3) Inspector-cum-Facilitator shall, after every inspection, as

may be deemed necessary, issue prohibition or improvement notice in

Form-XIII pointing out the non-compliance of provisions of safety,

health and working conditions under the Code, and rules and regulations

framed thereunder, to the employer of the establishment.

(4) 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 compiled 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.

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27. The specialized qualification and experience, duties and

responsibilities of experts to be empanelled under section 37.—

(1) Eligibility of the Firm.—

(i) The Firm should be registered body corporate in India under

appropriate legal framework, such as Companies Act, 2013 (Central Act

No. 18 of 2013) or Limited Liability Partnership Act, 2008 (Central Act

No. 6 of 2009);

(ii) The Firm should be registered in Labour Department;

(iii) The Firm should have experience and authorization to

undertake and evaluate labour regulatory compliance;

(iv) The Firm should have Labour Law Auditor and Technical

Auditor on company pay roll.

(2) Eligibility of Labour Law and Technical Auditor.—

(i) Eligibility: Labour Law Auditor—

(a) should be having a minimum of 7 years of experience in

Labour Law matters; or should be having a minimum of 7 years

of experience as a legal practitioner under Labour Law; or should

have served as Labour Enforcement Officer or above for 7 years;

(b) should not currently be a part-time/full-time employee in

any unit/establishment in the Union territory of Puducherry or

its subsidiaries or branches elsewhere in the country;

(d) should be medically fit to carry out inspection procedure;

(ii) Eligibility: Technical Auditor,— should have one-year full

time Diploma in industrial safety recognized by the Boardof Technical

Education or All India Council of Technical Education or recognized

University; and either of the following qualifications:-

(a) Degree in branch of Chemical, Mechanical, Electrical or

Production Engineering and having five years’ experience in

manufacturing, maintenance, design, project or safety

department in supervisory or above capacity in factories; or

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[PART–II

(b) Diploma in branch of Chemical, Mechanical, Electrical or

Production Branch Engineering and having seven years’

experience in manufacturing, maintenance, design, project or

safety department in supervisory or above capacity in factories;

Chemistry and having ten years' experience in manufacturing or

safety.

(3) Competent person under clause (I) of sub-section (1) of

section 2 of the Code.—

(i) The Chief Inspector-cum-Facilitator may recognize any

person as ‘competent person’ for the area and for the period as specified

in Schedule-A:

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

requirements of qualifications in respect of ‘competent person’ with the

prior approval of the Government of Puducherry:

Provided further that the competent person recognised under

sub-rule (3) shall not be above the age of sixty-five years and shall be

physically fit for the purpose of carrying out the requisite tests,

examination and inspection.

(ii) The Chief Inspector-cum-Facilitator may recognise an

institution of repute, having persons possessing qualification and

experience as specified in the Schedule-A, as ‘competent person’ and

issue a Certificate of Competency in its favour in Form-XX.

(iii) The Chief Inspector-cum-Facilitator on receipt of an

application in Form-XVIII from a person or from an institution in

Form-XIX, as the case may be, intending to be recognized as a

competent person for the purposes of the Code and the rules made there

under, shall register such application and after satisfying himself as

regards competence and facilities available at the disposal of the

applicant may recognise the applicant as a competent person. Such

application shall be disposed of either by issuing a certificate of

competency in Form-XX or by rejecting the same specifying reasons

thereof, within a period of sixty days.

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(iv) The Chief Inspector-cum-Facilitator, if, he has reason to

believe that a competent person,-

(a) has violated any condition stipulated in the certificate of

competency; or

(b) has carried out a test, examination and inspection or has

acted in a manner inconsistent with the intent or the purpose

of the Code or the rules made thereunder, or has omitted to act

as required under the Code or the rules made thereunder; or

the certificate or competency after giving an opportunity of

being heard to the competent person.

Explanation:- For the purpose of this rule, an institution

includes an organization (including Government,

autonomous, co-operative, corporate or private).

(v) The Chief Inspector-cum-Facilitator may, for reasons to be

recorded in writing, direct for the recertification of any of the area as

defined in Schedule-A as the case may be which has been certified by

a competent person outside this Union Territory.

28. The manner of providing alternative employment under sub-

clause (d) of clause (A) of sub-section (1) of section 38.— The occupier

of the factory may take necessary steps for providing employment to

the workers affected by the order of prohibition issued by Inspector-

cum-Facilitator under sub-clause (a) of clause (A) of sub-section (1) of

section 38 and as far as practicable provide alternate employment to the

workers so affected. Where, it may not be possible for the occupier to

provide such employment, he shall be responsible for making payment

of salary/wages to the affected workers during the period for which the

prohibition order is in operation.

29. The qualification for the appointment of Medical Practitioner

under sub-section (1) of section 42.— The medical practitioner shall be

a Medical Officer who possesses any recognized medical qualification

as defined in the National Medical Commission Act, 2019 (Central Act

No. 30 of 2019) and who is enrolled on an Indian Medical Register

as defined in clause (m) and on a State Medical Register as defined in

clause (v) of section 2 of the said Act.

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[PART–II

30. Duties of Medical Officer under sub-section (2) of

section 42.— (1) On receipt of a reference under clause (c) of

sub-section (2) of section 42 of the Code, the Medical Officer shall, after

giving prior notice regarding date, time and place for medical examination

and upon examining the person sent for such examination, prepare the

age and fitness certificate and deliver the same to the employer 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 the Government may direct.

(4) For examination and certification of employees in an

establishment in such dangerous occupation or processes as specified

in First Schedule to the Code.

(5) For medical supervision of any establishment or class of

establishment where cases of chronic occupational illness have occurred

due to arduous nature of any process carried on or hazardous condition

of work.

(6) In respect of any establishment or class of establishment

or description of establishment in which operations involve any risk of

injury to the health of any person or class of persons employed

therein,—

(a) to undertake occupational health survey for any or class

of an establishment, where cases of illness have occurred or

there is prevalence of diseases as prescribed in Third Schedule

of the Code;

(b) to assess the age and issue fitness of adolescent for

employment in an establishment or class of establishment.

31. Other establishment engaged in the dangerous occupation or

processes under clause (a) of sub-section (2) of section 42.— The

Medical Officer shall perform the examination and certification of the

workersin a factory or in such other establishments engaged in

dangerous occupation and processes as specified in Schedule-B annexed

with these rules.

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32. Medical supervision and other establishment under clause (b)

of sub-section (2) of section 42.— The Medical Officer shall perform

the examination and certification of the workers in a factory or in such

other establishments where the cases of illness have occurred which it

is reasonable to believe are due to the nature of any process carried on

or other conditions of work prevailing in such establishments and inform

the Occupier, Employer, Manager, Chief Inspector-cum-Facilitator and

the appropriate Government for study and remedial measures as may be

required in this behalf.

33. Other establishment under clause (c) of sub-section (2) of

section 42.— The Medical Officer shall perform the examination and

certification of an adolescent workerfor the purpose of ascertaining his

fitness of employment in a factory, motor transport undertaking or in

any other establishments as specified in Schedule-B annexed with these

rules.

CHAPTER–VIII

SPECIAL PROVISIONS RELATING TO EMPLOYMENT OF WOMEN

34. Conditions relating to safety, holiday and working hours or

any other condition to be observed by the employer under section 43.—

The following conditions shall be met for employment of women during

night or before 6.00 a.m. and beyond 7.00 p.m. in any day, namely:—

(1) the consent of women worker shall be taken;

(2) no women shall be employed against the maternity benefit

provisions laid down under the Social Security Code, 2020 (Central Act

No.36 of 2020);

(3) adequate transportation facilities shall be provided to

women worker to pick-up and drop such worker at her residence;

(4) the workplace including passage towards conveniences or

facilities concerning toilet, washrooms, drinking water, entry and exit of

women worker should be well-lit;

(5) the toilet, washroom and drinking facilities should be near

the workplace where such women workers are employed;

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(6) provide safe, secure and healthy working conditions such

that no women worker is disadvantaged in connection with her

employment;

(7) in case of below ground mine not less than 3 women workers

shall be on duty at any place;

(8) the provisions of the Sexual Harassment of Women at Work

place (Prevention, Prohibition and Redressal) Act, 2013 (Central Act No. 14

of 2013), as applicable to the establishments, shall be complied with.

35. Adequate safety of employment of women under section 44.—

(1) Notwithstanding anything contained in any rule made under

the Code, every woman employed in manufacturing process wherein,

dust or fume or other impurity is given off, shall be provided with suitable

respirator, nose mask, etc.

(2) No woman worker shall be engaged to work near the

machinery in motion without wearing adequate safety apparel so as to

avoid the risk of bodily injury from any moving part.

(3) Notwithstanding the provisions under clause (iv) of

sub-section (1) of section 24, suitable arrangements for sitting shall be

provided and maintained separately for all women obliged to work in

the standing position, in order that they may take advantage of any

opportunities for rest which may occur in the course of their work.

(4) As far as practicable woman worker shall not be engaged in

any workplace involving poor ergonomics detrimental to the safety and

health.

(5) The employer carrying on hazardous process and dangerous

operations shall disseminate the information to every woman in relation

to dangers, physical and health hazards arising from the exposure,

handling, transportation, storage and other processes involved therein

and such information shall be in Tamil and in the language understood

by every woman.

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CHAPTER–IX

SPECIAL PROVISION FOR CONTRACT LABOUR, INTER-STATE MIGRANT

EMPLOYEE, AUDIO VISUAL EMPLOYEE ETC.

36. Conditions including hours of work, fixation of wages and

other essential amenities in respect of contract labour under clause

(a) of sub-section (3) of section 47.— (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 (Central Act No.37 of 2020);

(b) the wages shall be paid in accordance with the Code on

Wages, 2020 (Central Act No.29 of 2020);

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;

(f) he shall intimate within fifteen days of the receipt of a

contract work order about the details of the contract work

order and in the manner as under this rule.

(2) In case the contractor fails to make payment of minimum

wages to the contract worker, then the Labour Commissioner, Puducherry

or the Deputy Labour Commissioner, shall cause such payment to be

made to the contract workers who have not been paid out of the security

deposit maintained under this, included by invoking the bank guarantee.

37. The form and manner of application and the particulars which

such application shall contain regarding the number of contract labour,

nature of work for which contract labour is to be employed and other

particulars including the information relating to the employment of

Inter-State migrant employees under sub-section (1) of section 48.—

Every application by a contractor for the grant of a licence shall be

made online electronically through Official Portal of Labour Department

of Puducherry Government in Form-XIV to the Licensing Officer.

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LA GAZETTE DE L'ETAT

[PART–II

The Licensing Officer may issue the licence to the contractor in Form-XV

electronically immediately, if, the application is complete in all respects,

but, not later than seven days from the date of submission of complete

application, failing which, such licence shall be deemed to have been

issued and the licence shall be auto generated:

Provided that in exceptional circumstances the Government of

Puducherry may, for such period, by notification, dispense with

requirement of electronic registration, in respect of any class of

contractors, for any part or whole of Puducherry, and submission of

application in the form so provided, may be allowed.

38. The procedure under sub-section (2) of section 48.—

(1) Before a licence is issued under any rule of these rules, Bank

guarantee for an 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 licence has been made, shall be deposited by

the contractor for performance of the conditions of the licence and

compliance with the provisions of the Code or the rules made thereunder.

(2) Wherein, the issued contract licence had expired, based on

the request of the applicant, the Licensing Officer may adjust the

security deposit in respect of his application for new licence to be issued

in Form-XV.

(3) The fees to be paid for the grant of a license shall be as

specified in the table below, namely:-

(a) 50 but, does not exceed 100 contract labour

` 15,000

(b) 101 but, does not exceed 300 contract labour

` 20,000

` 30,000

(d) 501 but, not exceeding 1000 contract labour

` 40,000

(e) 1001 but, not exceeding 5000 contract labour

` 50,000

(f) 5001 and above contract labour

` 60,000

39. Manner of applying for the renewal of licence and the manner

of renewal of licence under sub-section (3) of section 48.— (1) Every

contractor shall apply electronically on the Official Portal of Labour

Department of Puducherry to the licensing authority for renewal of the

licence.

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(2) Every such application shall be submitted on the said portal

at least 30 days prior to expiry of licence period but, not before 90 days

of such expiry of licence.

(3) The security deposit and the fee chargeable for renewal of

the licence shall be the same as for the grant of licence under rule 38:

Provided that if, the application for renewal is not received

within the time specified in sub-rule (2), an additional fee of twenty-five

per cent, shall be payable for such renewal.

(4) Every application for renewal, complete in all respects, shall

be made on the portal of the Labour Department. The renewal certificate

shall be auto generated and the same may be downloaded by the

applicant from the portal.

40. Responsibility of the Contractor under sub-section (4) of

section 48.— (1) The rates of wages payable to the workers by the

Contractor shall not be less than the rates prescribed under the Code

on Wages, 2020 (Central Act No. 29 of 2019) and where the rates have

been fixed by agreement, settlement or award, not less than the rates

fixed by such agreement, settlement or award, as the case may be.

(2) In case, where the worker employed by the contractor

performs 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 Deputy Labour Commissioner

whose decision thereon shall be final.

(3) In other cases, the wage rates, holidays, hours of work and

conditions of service of the employees of the contractor shall be such

as specified under the Code and rules made thereunder.

(4) All contract labour shall be made member of Employees

Provident Fund Organisation and Employees State Insurance

Corporation subject to applicability as under respective provisions of

the Code on Social Security, 2020 (Central Act No. 36 of 2020).

(5) The contractor shall notify any change in the number of

workers or conditions of work to the Licensing Authority, electronically.

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LA GAZETTE DE L'ETAT

[PART–II

41. The manner of intimation of work order and time limit for

such intimation under sub-section (1) of section 50.— (1) Every

Contractor shall within fifteen days of the receipt of a contract work

order, intimate about the contract work order containing the details such

as the name of the principal employer, address of the premises where

work is being undertaken, date of commencement of the contract work,

the number of contract labour employed under that work order, duration

of work orders.

(2) The details of work order shall be sent by the Contractor or

his authorized representative.

(3) The intimation shall be sent electronically on the Official

Portal of Labour Department of Puducherry or e-mail of the Labour

Commissioner, Puducherry, the licencing Authority and the Deputy

Labour Commissioner, Puducherry.

42. The manner of suspending or cancelling the licence under

sub-section (2) of section 50 and section 51.— (1) If, the Licensing

Authority is satisfied that the licence has been obtained by

misrepresentation or suppression of any material fact or if, the contractor

has failed to comply with the conditions subject to which licence was

granted or the Contractor has contravened any provision of Part-I,

Chapter-XI of the Code or rules made thereunder, the Licensing Authority

shall issue a show cause notice of 30 days to the contractor

electronically or otherwise. On receipt of the reply, if any, from the

Contractor within 30 days, the Licensing Authority shall examine the

same and in case the Licensing Authority feels that the continuation of

contract business by the contractor is going to lead to grave harm to

the workers, he may pass a Speaking Order recording the reasons for

revocation or suspension or otherwise and communicate to the

Contractor electronically. A copy of the Order shall be endorsed to the

Labour Commissioner, Puducherry, Deputy Labour Commissioner/ Joint

Chief Inspector-cum-Facilitator having jurisdiction.

(2) If, the Contractor has not complied with the said provisions

of the Code and rules made thereunder within the stipulated time period,

the Licensing Authority shall revoke the suspension giving a Speaking

Order or else the suspension may be continued.

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(3) If, the Contractor fails to comply with the directions as in

sub-rule (1), the Licensing Authority may forthwith pass an order of

revocation of licence, recording the reasons thereof and communicate

to the Contractor electronically or otherwise. The copy of the order shall

be endorsed electronically or otherwise to Labour Commissioner,

Puducherry, Deputy Labour Commissioner/Joint Chief Inspector-cum-

Facilitator having jurisdiction as the case may be.

43. The period before which the wages shall be paid under

sub-section (1) of section 55.— (1) The Contractor shall fix the wage

periods in respect of which wages shall be payable and no wage period

shall exceed one month.

(2) The wages of every person employed as contract labour in

an establishment or by a Contractor shall be paid before the expiry of

seventh day after the last day of the wage period in respect of which

the wages are payable.

(3) The wages shall be disbursed through Bank transfer or

electronic mode and any other mode prescribed under Code on Wages,

2019 (Central Act No.29 of 2019).

44. Themode of payment of wages under proviso to sub-section (2)

of section 55.— Every Contractor to whom this Code applies shall make

the disbursement of wages through Bank transfer or electronic mode and

inform the principle employer electronically or otherwise the amount so

paid by such mode provided that where it is not practicable to disburse

payment in the mode specified in this rule then the payment shall be

made in the mode other than electronic mode as prescribed under

relevant provisions of Code on Wages, 2019 (Central Act No. 29 of 2019).

45. The manner of payment of wages from security deposit under

sub-section (4) of section 55.— If, the Contractor or Principal employer

does not pay the wages to the contract labour employed by him, the

Labour Commissioner, Government of Puducherry or his representative

or the Competent Officer as may be notified by Government of

Puducherry shall conduct or cause to conduct, an inquiry and after

giving an opportunity to be heard to the Contractor shall pass an order

to make payment, if any, of such wages from the amount deposited by

the Contractor as security deposit and the bills of the Contractor as the

case may be. The Contractor shall refurnish the security deposit within

a period of 30 days or else his licence will be liable to be suspended.

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LA GAZETTE DE L'ETAT

[PART–II

46. The form of issuing experience certificate under

section 56.— Contractor concerned,shall issue on demand, experience

certificate in Form-XVI to the contract labour giving details of the period,

work performed, experience gained in various fields performed by such

contract labour.

47. The form and manner of making application under clause (b)

of sub-section (2) of section 57.— If, a question arises as to whether

any activity of an establishment is a core activity or otherwise, the

aggrieved party may make an application, to the Secretary to Government

(Labour), Government of Puducherry giving reasons along with

supporting documents.

48. Period of making report and the period of deciding the

question under clause (c) of sub-section (2) of section 57.—

On receiving the application under clause (b) of sub-section (2) of

section 57, the Secretary to Government(Labour), Government of

Puducherry shall if, he deems proper, refer the application to the Labour

Commissioner, Government of Puducherry for making such inquiry as

may be required and the Labour Commissioner shall submit the report/

recommendation to the Secretary to Government (Labour) within thirty

days for taking appropriate action under these rules and the Secretary

to Government (Labour), Government of Puducherry shall decide the

matter within one month from the date of receipt of such report/

recommendation and communicate the said decision of the Government

to the parties through electronically or otherwise for implementation of

the said order of the Government.

49. Minimum service for entitlement, periodicity class of travel

and other matters under section 61.— The employer shall pay a lump

sum amount on account of fare for to and fro journey to inter-state

migrant worker by train (not less than II Class Sleeper) or by bus or any

other mode of passenger transport from the place of employment to the

place of residence in the home town, if,-

(1) He has worked for a period of not less than 180 days in the

concerned establishment(s) in preceding twelve months:

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LA GAZETTE DE L'ETAT

Provided that the journey allowance shall be given to an

Inter-State migrant worker once in twelve months.

(2) In the event of change of employer by the Inter-State

migrant worker during the middle of the employment period who has not

availed the journey allowance from his previous employer, then on the

basis of a certificate to be given by Inter-State migrant worker, the

employer where the Inter-State migrant worker is now working and the

such worker has completed one hundred and eighty days in the

preceding twelve months including the period spent with the previous

employer, then the employer shall give journey allowance.

50. Manner of providing facility of toll-free helpline under

section 63.— A Toll Free helpline number shall be provided by the

Labour Department, Government of Puducherry, to address queries and

grievances of the Inter-State migrant workers.

51. Manner of providing for study of inter-state migrant workers

under section 64.— The Government of Puducherry may identify the

fields where studies are to be carried out to promote safety, health and

welfare of Inter-State migrant workers. Wherever required, the

Government of Puducherry may also consult the Central Government or

expert organizations involved in the safety, health and welfare of

Inter-State migrant workers.

52. Authority to whom a copy of the agreement shall be forwarded

by the producer under sub-section (3) of section 66.— The Government

of Puducherry may notify an officer not below the rank of Deputy Labour

Commissioner as Authority for the purpose of these rules. The form of

agreement for the audio-visual workers with the Producer shall be given

in Form-XVII.

53. Details under clause (vii) of sub-section (4) of section 66.—

The procedure for reference of dispute to the Conciliation Officer or an

Industrial Tribunal shall be inconformity with the Industrial Relations

Code, 2020 (Central Act No. 35 of 2020) and rules framed thereunder.

492

LA GAZETTE DE L'ETAT

[PART–II

CHAPTER–X

SPECIAL PROVISIONS TO FACTORIES

54. Submission of plans for approval in respect of factory or class

or description of factories under sub-section (1) of section 79.— The

Government or the Chief Inspector-cum-Facilitator may require for the

purposes of the Code, submission of plans of any factory which has

either in existence on the date of commencement of these rules or which

had not been constructed or extended since then. Such plans shall be

drawn to scale showing:-

(a) the site of the factory and immediate surrounding including

adjacent buildings and other structures, roads, drains, etc.;

(b) the plan, elevation and necessary cross-sections of the

factory buildings indicating all relevant details relating to natural

lighting, ventilation and means to escape in case of fire, and the position

of the plant and machinery, aisles and passage ways; and

Inspector-cum-Facilitator, as the case may be, may require.

55. Approval and Licensing of factories under sub-section (2) of

section 79.— (1) No building shall be constructed or used as factory

unless plans in respect of such building are approved by the Chief

Inspector-cum-Facilitator.

(2) No addition/alteration or extension in the existing factory

building shall be made unless plans in respect of such additions,

alterations or extensions are approved by the Chief Inspector-cum-

Facilitator.

(3) Application for approval of the plans shall be made

electronically in Form-XXI along with the following plans and documents

to the Inspector-cum-Facilitator: -

(i) Flow chart of the manufacturing process giving a brief

description of the process in its various stages;

(ii) Site plan shall be drawn to a scale of showing the site of

the factory and immediate surroundings including adjacent

buildings and other structures, roads, drains, etc.;

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(iii) The building plans elevations and necessary

cross-sections drawn to scale showing all relevant details

relating to natural lighting, ventilation, and means of escape in

case of fire, position of plant and machinery, aisles and passage

ways;

(iv) All dimensions in plan shall be indicated in metric units.

(v) Colouring of plans shall be as under:-

Sl.

Item

Site and Building

No.

Plan (on white

background)

(1)

(2)

(3)

Plot line

Thick Black

Building lines

Thin Black

Open space

No colour

Construction to be approved

Blue filled in

Work proposed to be demolished

Yellow filled in

Proposed construction

Brown filled in

Already approved construction

Orange filled in

Revised/Altered building

Pink filled in

Fire escapes

Orange dotted

10.

Any other

Purple dotted

(vi) Building Plans shall be uploaded in computerized/

electronic mode only and duly signed by the occupier.

(vii) The plans and layouts of factory buildings shall be

prepared and duly signed with qualification and address by a

person possessing a diploma or degree in Civil/Architecture/

Structural Engineering.

(viii) Such other particulars as the Inspector-cum-Facilitator

may require in relation to the approval.

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LA GAZETTE DE L'ETAT

[PART–II

(4) The application referred to in sub-rule(3) shall be

accompanied by payment of fee electronically as specified in below for

the purpose of scrutiny and evaluation of such Plans,

(i) Small Scale Industries

250

(ii) Medium Scale Industries

` 2,000

(iii) Large Scale Industries

` 5,000

(5) If, the Inspector-cum-Facilitator is satisfied that the plans

and documents are in consonance with the requirements of the rules,

he shall forward the plans and documents to the Chief Inspector-cum-

Facilitator for approval. The Chief Inspector-cum-Facilitator after being

similarly satisfied, shall approve the plans.

Provided that where the plans and documents fall short of the

requirements of these rules, the Inspector-cum-Facilitator or Chief

Inspector-cum-Facilitator as the case may be shall return the documents

to the applicant for modifications and corrections as suggested therein:

Provided further that the plans shall not be deemed to have been

submitted till such time as they are re-submitted duly modified and

amendedand if, such information is not furnished or revised plans are

not sent by the occupier within a period of 90 days from the date of

seeking such information or calling for revised plans, the application

shall be deemed to have lapsed and no further action shall be taken

thereon. If, the occupier of factory so desires, he may submit an

application along with payment of requisite fee electronically as specified

in sub-rule (4).

Provided further that in exceptional circumstances, the

Government of Puducherry may, for such period, by notification,

dispense with requirement of electronic submission, in respect of a

factory or class of factories, or part or whole of Puducherry, and

submission of application in the Form so provided, may be allowed.

(6) The internal height of a workroom in the case of a building

having a brick or concrete roof, or a combination of the two, the minimum

height may be 3.05 m if, approved by the Chief Inspector-cum-Facilitator.

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(7) There shall be provided at all times for each person

employed in any room of a factory where mechanical or electrical power

is used, at least 3.3 square meter of floor space exclusive of that

occupied by machinery and a breathing space of at least 14.2 cubic meter.

(8) The provisions of sub-rule (5) of this rule shall not apply

to rooms intended for storage, godowns and like purposes and also

rooms intended solely for office purposes where only clerical work is

done.

(9) No manufacturing process shall be carried on in any building

or part of a building whether newly constructed, reconstructed or

extended, or in any building which has been taken into use as a factory

or part of a factory until a Certificate of Stability in respect thereof, in

Form-XXII signed by a competent person has been sent by the occupier

or Manager of the factory to the Chief Inspector-cum-Facilitator

electronically or otherwise and accepted by him. Neither any new plant

nor machinery shall be added to any building of a factory nor brought

into use after such addition until a certificate of stability in Form-XXII

signed by a competent person in respect thereof has been sent by the

occupier or Manager of the factory to the Chief Inspector-cum-Facilitator

electronically or otherwise and accepted by him.

(10) The employer seeking grant of a licence or its renewal

thereof shall apply electronically through the official Portal of the Labour

Department, Government of Puducherry by giving details about the

factory as specified in the Form-II The Form shall be signed digitally or

in any other manner as may be required on the portal. The applicant

shall be responsible for veracity of all information submitted in the

application:

Provided that the occupier of the premises in use as a factory

on the date of commencement of these rules shall submit such an

application within thirty days from the commencement of these rules.

(11) Licence for a factory shall be granted in Form-XXIII by the

Chief Inspector-cum-Facilitator or any other officer appointed and

specially empowered in this behalf by the Chief Inspector-cum-Facilitator

496

LA GAZETTE DE L'ETAT

[PART–II

electronically immediately, if, the application is complete in all respects,

but, not later than seven days from the date of submission of complete

application, failing which such licence shall be deemed to have been

issued and the licence shall be auto generated:

Provided that in exceptional circumstances the Government of

Puducherry may, for such period, by notification, dispense with

requirement of electronic submission, in respect of a factory or class of

factories, in part of or whole of Puducherry, and submission of

application in the form so provided, may be allowed.

(12) Every application for renewal, complete in all respects, shall

be made on the portal of the Labour Department and shall be made not

less than sixty days before the date on which the licence expires and if,

the application is complete in all respects, the renewal certificate shall

be auto generated in Form-XXIII and the same may be downloaded by

the applicant from the portal:

Provided that if, the application for renewal, complete in all respects,

is not received within the time specified in this sub-rule, the licence shall

be renewed only on payment of an additional fee of 25 percent in excess

of the fee ordinarily payable, for the renewal of the licence.

(13) The fees for grant of licence shall be the same as for

renewal of licence for one year and shall be as specified in the Schedule

mentioned below:-

498

LA GAZETTE DE L'ETAT

[PART–II

(14) Every licence granted or renewed under these rules shall

be valid for a period up to ten (10) years as per the request of the

licensee and the fees payable for grant of or renewal of licence of a

factory shall be proportionate to the annual fees multiplied by number

of years for which licence is sought for and shall remain in force till the

31st December of the year up to which the licence is granted or renewed.

(15) Amendment of licence which is a factory.—

(1) A licence granted under sub-rule (11) may be amended

by the Chief Inspector-cum-Facilitator.

(2) A licensee whose licence requires to be amended by

virtue of increase in the number of persons employed or in the

horse power installed or change in the name of the factory or

all taken together shall submit electronically on the official

portal of the Labour Department, Government of Puducherry in

the Form-II. 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.

(3) The fee for amendment of a licence by virtue of increase

in number of persons or in the horse power installed or change

in the name of factory or all taken together shall be ` 500 in

addition to the amount (if any) by which the fee that would have

been payable if the licence had originally been issued in the

amended form exceeds the fee originally paid for the licence.

(16) Refusal of licence.— The Chief Inspector-cum-Facilitator

or any other officer appointed and specially empowered in this behalf

by the Chief Inspector-cum-Facilitator may refuse the renewal of licence

on the ground that the applicant has been guilty of repeated

contraventions of safety provisions of the Code or Rules or both or the

applicant has obtained the licence by fraud or by misrepresentation:

Provided that before refusing any licence, the applicant shall

be given an opportunity to show cause as to why the licence shall not

be refused.

(17) Revocation of licence.— The Chief Inspector-cum-

Facilitator or any other officer appointed and specially empowered in

this behalf by the Chief Inspector-cum-Facilitator may, at any time before

expiry of the period for which the licence has been granted or renewed,

revoke the licence on any of the grounds specified in sub-rule (17) above

or if: -

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(i) there is imminent danger to life and property in the

factory due to explosiveor inflammable dust, gas or fumes, and

effective measures in his opinion have not been taken to remove

the danger; and/or;

(ii) employment of child employee below 14 years of age

noticed;

Provided that before revoking the licence, the applicant shall

be given an opportunity to show cause as to why the licence shall not

be revoked.

(18) Transfer of licence.— (1) The holder of a licence may, at any

time before the expiry of the licence, apply for permission to transfer

his licence to another person. electronically on the official portal of the

Labour Department, Government of Puducherry in the Form-II The Form

shall be signed digitally or in any other manner as may be required on

the portal. The applicant shall be responsible for veracity of all

information submitted in the application.

(2) Such application shall be made to the Chief Inspector-cum-

Facilitator or any other officer appointed and specially empowered in

this behalf by the Chief Inspector-cum-Facilitator, electronically and the

Chief Inspector-cum-Facilitator or such officer as the case may be shall

immediately, if, the application is complete in all respects but, not later

than seven days from the date of submission of complete application,

issue necessary approval for transfer of licence, failing which such

licence shall be deemed to have been issued and the licence shall be

auto generated.

(3) A fee of ` 500 (rupees five hundred only) shall be charged

on each such application and in case of any revised enhanced licence

fee, the Transferee shall be liable to pay the difference in licence fee

paid by the Transferor and the revised enhanced licence fee as on the

date of Transfer of licence, if any.

(19) Procedure on death or in solvency of licensee.— If, a

licensee dies or becomes insolvent and, the person law fully claiming

under him and carrying the business of such licensee shall not be liable

to pay any penalty under the Act for exercising the powers granted to

the licensee by the licence during such time as may reasonably be

required to allow him to make an application for the amendment of the

licence in his own name for the unexpired portion of the original licence.

500

LA GAZETTE DE L'ETAT

[PART–II

(20) Payment of Fees.— Every application under these rules

where fees is required to be paid shall be paid electronically or

otherwiseand credited to the treasury in the head as may be specified

by the Government of Puducherry from time to time.

If, an application for the grant or renewal of a licence is

refused the fee paid shall be refunded to the applicant by the

Chief Inspector-cum-Facilitator, after deducting a fee of ` 500

towards scrutiny of application.

56. Common facilities and services for joint liability of owner of

premises and occupiers of the factories under section 80.—

(1) Wherein, any premises, separate buildings are leased to different

occupiers for use as separate factories, the owner of the premises shall

be responsible for the provisions and maintenance of common facilities

and services, such as approach road, drainage, water supply, lighting

and sanitation.

(2) Wherein, any premises, independent or self-contained floors

or flats are leased to different occupiers for use as separate factories,

the owner of the premises shall be liable as if, he were the occupier or

Manager of the factory, for any contravention of the provisions of this

Code, in respect of,-

(i) latrines, urinals and washing facilities in so far as the

maintenance of the common supply of water for these purposes

is concerned;

(ii) fencing of machinery and plant belonging to the owner

and not specifically entrusted to the custody or use of an

occupier;

(iii) safeness of access to the floors or flats and maintenance

and cleanliness of stair cases and common passages;

(iv) precautions in cases of fire;

(v) maintenance of hoists and lifts; and

(vi) maintenance of any other common facilities provided in

the premises.

501

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LA GAZETTE DE L'ETAT

(3) The Chief Inspector-cum-Facilitator shall have subject to the

control of the appropriate Government, power to issue orders to the

owner of the premises in respect of carrying out of the provisions of

sub-rules (1) and (2).

(4) The provisions of sub-rule (2) relating to the liability of the

owner/occupier shall apply any premises wherein, independent rooms

with common latrines, urinals and washing facilities are leased to

different occupier(s) for use as separate factories:

Provided that the owner/occupier shall be responsible also for

supplying with the requirements relating to the provision and

maintenance of latrines, urinals and washing facilities.

(5) The Chief Inspector-cum-Facilitator shall have subject to the

control of the appropriate Government, the power to issue orders to the

owners/occupiers of the premises referred to in respect of the carrying

out of the provisions of section 24 of the Code.

(6) Wherein, any premises, portions of a room or a shed are

leased to different occupiers for use as separate factories, the owners/

occupiers of the respective portion of the premises shall be liable for

any contravention of the provisions of,-

(i) Chapter V of the Code, except clause (iii) and (iv) of

sub-section (2) of section 23;

(ii) Chapter V of the Code, except the list of matters at

S. Nos. (2), (3), (7), (15) & (16) in the Second Schedule of the Code:

Provided in respect of the provisions at S.Nos. (1), (4), (12)

listed in the Second Schedule of the Code, the owner's liability

shall be only in so far as such provisions relate to things under

his control:

Provided further that the occupier shall be responsible for

complying with the provisions of Chapter V in respect of plant

and machinery belonging to or supplied by him.

(iii) clause (i) of sub-section (1) of sub-section (1) of section 24

of Chapter VI.

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LA GAZETTE DE L'ETAT

[PART–II

(7) The Chief Inspector-cum-Facilitator shall have, subject to

the control of the appropriate Government, the power to issue orders to

the owners of the premises in respect of, carrying out the provisions of

clause (7)of sub-section(1) of section 24.

(8) In respect of Clauses (4) and (6) of sub-section (1) of

section 24, while computing for the purposes of any of the provisions

of this Code, the total number of workers employed, the whole of the

premises shall be deemed to be a single factory.

57. Dangerous operations under section 82.— (1) The following

operations when carried on in any factory are declared to be dangerous

manufacturing processes or operations under section 82 of the Code.-

(i) Manufacture of aerated water and processes incidental

thereto.

(ii) Phosphating, Electrolytic plating or oxidation of metal

article by use of an electrolyte containing chromic acid or

other chromium compounds.

(iii) Manufacture and repair of electric accumulators.

(iv) Glass manufacture.

(v) Grinding or glazing of metals and processes incidental

thereto.

(vi) Manufacture and treatment of lead and certain compounds

of lead.

(vii) Generation of gas from dangerous petroleum.

(viii) Cleaning or smoothing, roughening, etc., of articles, by

a jet of sand, metal shot, or grit or other abrasives

propelled by blast of compressed air or steam.

(ix) Liming and tanning of raw hides and skins and processes

incidental thereto.

(x) Cellulose spraying.

(xi) Graphite powdering and processes incidental thereto.

(xii) Certain lead process carried on in printing presses and type

foundries.

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(xiii) Cashewnut processing.

(xiv) Dyeing, stencilling and painting of mats, mattings and

carpets in coir and fibre factories.

(xv) Handling and manipulation of corrosive substances.

(xvi) Pottery and ceramic industry.

(xvii) 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.

(xviii) Chemical works.

(xix) Manufacture or manipulation of carcinogenic dye

intermediates.

(xx)

Process of extracting oils and fats from vegetable and animal

sources in solvent extraction plants.

(xxi) Manufacture or manipulation of benzene.

(xxii) Carbon di-sulphide plant.

(xxiii) Manipulation of stone or any other material containing free

silica.

(xxiv) Highly flammable liquids and flammable compressed gases.

(xxv) Manufacture or manipulation of dangerous pesticides.

(xxvi) Operations in foundries.

(xxvii) Operations involving high noise and vibration levels.

(xxviii) Manufacture or manipulation of manganese and its

compounds.

(2) Prohibiting or restricting the employment of pregnant woman

in the manufacturing process or operation.— Every Occupier or

employer shall ensure to prohibit or restrict the employment of pregnant

women in hazardous and dangerous operations which exposes them to

serious risk of bodily injury, poisoning of disease. However, the Occupier

shall make all the necessary arrangements for providing adequate

safeguards prior to the employment of pregnant woman in case they are

required to work in hazardous or dangerous operations.

504

LA GAZETTE DE L'ETAT

[PART–II

(3) Periodical Medical Examination.—

(i) For the medical examination of employees to be carried

out by the Medical Officer as required by Schedule B-II to

Schedule B-VI, Schedule VIII & IX, Schedule XI to XIV,

Schedule XVI to XIX, Schedule XXV, Schedule XXIII, Schedule

XXV to B- XXVIII, the occupier of the factory shall pay fee at

the rate of five hundred rupees per examination of each worker

every time he/she is examined;

(ii) The fees prescribed in clause (i) shall be exclusive of any

charges for biological, radiological or other tests which may

have to be carried out in connection with the medical

examinations. Such charges shall be paid by the occupier;

(iii) The fees to be paid for medical examination shall be paid

electronically to the Chief Inspector-cum-Facilitator in the

manner as may be prescribed by him.

(4) Welfare amenities, sanitary facilities, protective clothing and

other necessary requirements for dangerous operations.— The

provisions specified in the Schedule B-I to Schedule B-XXVIII shall

apply to any class or description of factories wherein dangerous

manufacturing processes or operations specified in each part of the

Schedules are carried on.

(5) Notwithstanding anything contained in Schedule B-I to

Schedule B-XXVIII, the Inspector-cum-Facilitator may issue order in

writing to the occupier directing them to carry out such measures, and

within such time, as may be specified in such order with a view to remove

conditions dangerous to the health of the worker or to suspend any

process, where such process constitutes in the opinion of the Inspector-

cum-Facilitator imminent danger of poisoning or toxicity.

(6) Any register or record of medical examinations and tests

connected therewith required to be carried out, under any of the

Schedule B-I to Schedule B-XXVIII, in respect of any worker, shall be

kept readily available to the Inspector-cum-Facilitator and shall be

preserved till the expiry of a period of one year after the worker ceases

to be in employment of the factory or a longer time as specified in the

Schedule B-I to Schedule B-XXVIII.

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LA GAZETTE DE L'ETAT

58. Site Appraisal Committee under section 83.— (1) The

Government of Puducherry may constitute a Site Appraisal Committee

as and when necessary, consisting of—

(i)

the Chief Inspector-cum-Facilitator who shall be its

Chairman;

(ii) a representative of the State Pollution Control Board of the

Government of Puducherry;

(iii) a representative of the Department of Environment of the

Government of Puducherry;

(iv)

a representative of the Department of Town and County

Planning, Government of Puducherry;

(v) an expert in the field of occupational health;

(vi)

a representative of the Department of Industries of the

Government of Puducherry;

(vii) a Scientist having specialised knowledge of the hazardous

process which will be involved in the factory; and

(viii) any other person as deemed fit by the Government of

Puducherry.

(2) No member, unless required to do so by a Court of law, shall

disclose otherwise than in connection with the purposes of the Act, at

any time any information relating to manufacturing or commercial

business or any working process which may come to his knowledge

during his tenure as a Member on this Committee.

(3) (i) Applications for appraisal of sites in respect of the

industries covered under clause (za) of sub-section (1)

of section 2 of the Code shall be submitted to the

Chairman of the Site Appraisal Committee;

(ii) The application for site appraisal along with fifteen

copies thereof shall be submitted in Form XXVII. The

Committee may dispense with furnishing of information

on any particular item in the application Form, if, it

considers the same to be not relevant to the application

under consideration;

(iii) Functions of the Site Appraisal Committee.-

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LA GAZETTE DE L'ETAT

[PART–II

(a) The Chairman shall arrange to register the

applications received for appraisal of site, in

separate register and acknowledge the same within

a period of seven days;

(b) The Chairman shall fix up the meetings in such

manner that all the applications received and

registered are referred to the Committee within a

period of one month from the date of their receipt;

working, keeping in view the need for expeditious

disposal of applications;

(d) The Committee shall examine the applications for

appraisal of a site with reference to the prohibitions

and restrictions on the location of an industry and

the carrying on of processes and operations in

different areas as per the provisions of rule 5 of the

Environment (Protection) Rules, 1986 framed under

the Environment (Protection) Act, 1986;

(e) The Committee may call for documents, examine

experts, inspect the site if necessary and take other

steps for formulating its views in regard to the

suitability of the site; and

(f) Wherever the proposed site requires clearance by

the Ministry of Commerce and Industries or by the

Ministry of Environment, Forests and Climate

change of Government of India, the application for

Site Appraisal will be considered by the Site

Appraisal Committee only after such clearance had

been received.

59. The manner of disclosing information by occupier of a factory

under sub-section (1), (2), (5) and (7) of section 84.— (1) The occupier

of every factory carrying on a ‘hazardous process’ shall arrange to

obtain or develop information in the form of Material Safety Data Sheet

(MSDS) in respect of every hazardous substance or material handled

in the manufacture, transportation and storage in the factory. It shall

be accessible upon request to a worker for reference —

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LA GAZETTE DE L'ETAT

(i) Every such Material Safety Data Sheet shall include the

following information: -

(a) the identification mark used on the label;

(b) hazardous ingredients of the substance;

substance;

(d) the physical hazards of the hazardous substance,

including the potential for fire, explosion and reactivity;

(e) the health hazards of the hazardous substance, including

signs and symptoms of exposure and any medical conditions

which are generally recognised as being aggravated by exposure

to the substance;

(f) the primary route(s) of entry;

(g) the permissible limits of exposure prescribed in the

Schedule-E of these rules, and in respect of a Chemical not

covered by the said Schedule, any exposure limit recommended

by the manufacturer, importer or prescribed by the Government;

(h) Any generally applicable precautions for safe handling

and use of the hazardous substance, which are known, including

appropriate hygienic practices, protective measures during

repairs and maintenance of contaminated equipment, procedures

for clean-up of spills and leaks;

(i) Any generally applicable control measures, such as

appropriate engineering controls, work practices, or use of

personal protective equipment;

(j) Emergency and first aid procedures;

(k) The date of preparation of the Material Safety Data Sheet,

or the last change to it;

(l) The name, address and telephone number of the

manufacturer, importer, occupier or other responsible party

preparing or distributing the Material Safety Data Sheet, who

can provide additional information on the hazardous substance

and appropriate emergency procedures, if necessary.

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LA GAZETTE DE L'ETAT

[PART–II

(2) The occupier while obtaining or developing a Material

Safety Data Sheet in respect of a hazardous substance shall ensure that

the information recorded accurately reflects the scientific evidence used

in making the hazard determination. If, he becomes newly aware of any

significant information regarding the hazards of a substance, or ways

to protect against the hazards, this new information shall be added to

the Material Safety Data Sheet as soon as practicable —

(i) An example of such Material Safety Data Sheet is given in

the Schedule-C;

(ii) Labelling: Every container of hazardous substances shall

be clearly labelled or marked to identify-

(a) the contents of the container;

(b) the name and address of the manufacturer or importer

of the hazardous substances;

(d) the recommended personal protective equipment

needed to work safely with the hazardous substance.

(3) Disclosure of Information to Workers.— (i) The occupier

of a factory carrying on a ‘hazardous process’ shall supply to all workers

the following information in relation to handling of hazardous materials

or substances in the manufacture, transportation, storage and other

processes-

(a) Requirements of sections 84, 85 and 89 of the Code;

(b) A list of 'hazardous processes' carried on in the factory;

Sheets as per this rule;

(d) Physical and health hazards arising from the exposure to

or handling of substances;

(e) Measures taken by the occupier to ensure safety and

control of physical and health hazards;

(f) Measures taken by the workers to ensure safe handling,

storage and transportation of hazardous substances;

(g) Personal Protective Equipment required to be used by

workers employed in ‘hazardous process’ or ‘dangerous operations’;

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(h) Meaning of various labels and markings used on the

containers of hazardous substances as provided under this rule;

(i) Signs and symptoms likely to be manifested on exposure

to hazardous substances and to whom to report;

(j) Measures to be taken by the workers in case of any

spillage or leakage of a hazardous substance;

(k) Role of workers vis-à-vis, the emergency plan of the

factory, in particular the evacuation procedures;

(l) Any other information considered necessary by the

occupier to ensure safety and health of workers.

(i)

The information required by sub-rule (i) shall be compiled

and made known to workers individually through supply

of booklets or leaflets and display of cautionary notices at

the workplaces. The booklets, leaflets and the cautionary

notices displayed in the factory shall be in the language

understood by the majority of the employees and also

explained to them;

(ii) The Chief Inspector-cum-Facilitator may direct the

occupier to supply further information to the workers as

deemed necessary.

(4) Disclosure of information to general public.—

(i) The occupier of every factory carrying on a ‘hazardous

process’ shall in consultation with the District Emergency

Authority designated by the appropriate Government, take

appropriate steps to inform the general public who are likely to

be in the area which might be affected by an accident. Such

information shall include,—

(a) Name of the factory and address where situated;

(b) Identification, by name and position, of the person

giving the information;

Factories Inspectorate and Pollution Control Board;

(d) An explanation in simple terms of the hazardous

process(es) carried on in the premises;

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LA GAZETTE DE L'ETAT

[PART–II

(e) The common names of the hazardous substances used

which could give rise to an accident likely to affect

them, with an indication of their principal harmful

characteristics;

(f) Brief description of the measures to be taken to

minimize the risk of such an accident in compliance

with its legal obligations under relevant safety

statutes;

(g) Salient features of the approved disaster control

measures adopted in the factory;

(h) Details of the factory’s emergency warning system for

the General Public;

(i) General advice on the action, members of the public

should take on hearing the warning;

(j) Brief description of arrangements in the factory,

including liaison with the emergency services, to deal

with foreseeable accidents of such nature and to

minimize their effects; and

(k) Details of where further information can be obtained.

(ii) The occupier shall also supply any further information

(a) to general public as directed by the District Emergency

Authority from time to time;

(b) to the elected representatives of the general public on

request;

(iii) The occupier shall endeavour to enter into an agreement

with the District Emergency Authority for the area, within whose

jurisdiction the factory is situated, for the District Emergency

Authority to take appropriate steps to inform the general public

outside the factory who are likely to be affected by an accident

as referred to in clause (i);

(iv) The information prescribed in sub-rule (4) shall be in the

regional language like Tamil or Malayalam or Telugu and in

English.

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LA GAZETTE DE L'ETAT

(5) Disclosure of information to the local authority.— The

occupier of every factory carrying on a 'hazardous process' shall furnish

the following information in writing to the local authority having

jurisdiction over the area in which the factory is situated: -

(i) the information furnished to general public as prescribed

in sub-rule (4);

(ii) a statement of the names and quantities generally stored

or in process of hazardous substances included in the list of

chemicals prescribed under clauses (vi) and (vii) of sub-section

(2) of section 3 of the Environment (Protection) Act,1986.

(6) Disclosure of information to District Emergency Authority.—

(i) The occupier of a factory carrying on a hazardous

process, shall intimate the District Emergency Authority

designated by the Government of Puducherry, all information

having a bearing on preparation of an on-site emergency plan

and a disaster control and management plan in respect of the

factory;

(ii) Without prejudice to the generality of this clause, the

occupier shall furnish the District Emergency Authority the

following: -

(a) A report on status relating to risk assessment and

environmental impact assessment and the measures

taken for prevention of accidents.

(b) Compilation of Material Data Sheets in respect of

hazardous substances used, produced or stored in the

factory;

involving fire, explosion, release or leakage of toxic

substances and the plan of the premises where such

an accident may occur;

(d) A statement on resources and facilities available for

dealing with an emergency including any agreement

entered into with a neighbouring factory for aid and

assistance in the event of an emergency;

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LA GAZETTE DE L'ETAT

[PART–II

(e) A map of the area showing the approaches to the

factory location of emergency facilities such as

hospitals, Police, fire service;

(f) The organisation of the management and the

responsibility for safety indicating therein, the

persons responsible for onsite emergency action;

(g) Details relating to alert system;

(h) Information on availability of antidotes for poisoning

resulting from an accident;

(i) Any other information as may be considered relevant

by the occupier or asked for by the District Emergency

Authority.

(7) Disclosure of information to the Chief Inspector-cum-

Facilitator.—

(i) The occupier of every factory carrying on ‘hazardous

process’ shall furnish, in writing, to the Chief Inspector-cum-

Facilitator, a copy of all the information furnished to the workers,

local authority, general public and the District Emergency

Authority;

(ii) A copy of compilation of Material Safety Data Sheets in

respect of hazardous substances used, produced or stored in

the factory shall be furnished to the Chief Inspector-cum-

Facilitator, and the local Inspector-cum-Facilitator;

(iii) The occupier shall also furnish any other information

asked for by the Chief Inspector-cum-Facilitator from time to

time for the purpose of the Code and Rules made thereunder.

(8) Emergency plan.—

(i) The occupier of a factory carrying on a hazardous

process shall prepare a draft on-site emergency plan and submit

it to the Chief Inspector-cum-Facilitator. The Chief Inspector-

cum-Facilitator may make such modification in the plan as

necessary, in consultation with the occupier and approve the

same;

(ii) The occupier will submit a copy of the approved plan to

the District Emergency Authority;

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(iii) The occupier will intimate the workers,the provisions of

the emergency plan and hold rehearsals of the plan periodically.

He shall review the plan from time to time and make necessary

changes therein under intimation to the Chief Inspector-cum-

Facilitator and the District Emergency Authority;

(iv) The Chief Inspector-cum-Facilitator may issue guidelines

relating to formulation of emergency plans. He may also direct

modifications of the emergency plan in respect of any factory

as may be necessary, from time to time.

(9) Disaster Control and Management Plan.—

(i) The occupier of every factory carrying on a hazardous

process shall prepare a draft disaster control and management

plan in respect of his factory and submit the same to the Chief

Inspector-cum-Facilitator and the District Emergency Authority;

(ii) The District Emergency Authority on receipt of the plan

shall hold consultation with the occupier, representatives of the

Chief Inspector-cum-Facilitator, the State Pollution Control

Board, local authority as well as Police, health, fire brigade and

other authorities concerned and finalise the plan;

(iii) The District Emergency Authority shall forward a copy

of the final plan to the occupier and all authorities concerned.

The occupier shall intimate the workers the contents of the plan.

(iv) The occupier in consultation with the District Emergency

Authority will arrange rehearsals of the plan at least once a

year;

(v) The Chief Inspector-cum-Facilitator may issue guidelines

for formulation of disaster control and management plans. The

Chief Inspector-cum-Facilitator as well as the District

Emergency Authority may after mutual consultation, also direct

modifications of the disaster control and management plan in

respect of a factory as may be necessary from time to time.

(10) Information on Industrial Wastes.—

(i) The information furnished under sub rules (3), (5), (6) and

(7) of rule 60 shall include the quantity of the solid and liquid

wastes generated per day, their characteristics and the method

of treatment such as incineration of solid wastes, chemical and

biological treatment of liquid wastes, and arrangements for their

final disposal;

514

LA GAZETTE DE L'ETAT

[PART–II

(ii) It shall also include information on the quality and

quantity of gaseous waste discharged through the stacks or

other openings, and arrangements such as provision of

scrubbers, cyclone separators, electro-static precipitators or

similar such arrangements made for controlling pollution of the

environment;

(iii) The occupier shall also furnish the information

prescribed in clause (i) and clause (ii) to the State Pollution

Control Board.

(11) Review of the Information furnished to workers, etc.—

(i) The occupier shall review once in every calendar year and

modify, if necessary, the information furnished under sub-rules

(3) to (7) of rule 59 to the workers, general public, local authority,

Chief Inspector-cum-Facilitator and the District Emergency

Authority;

(ii) In the event of any change in the process or operations

or methods of work or when any new substance is introduced

in the process or in the event of a serious accident taking place,

the information so furnished shall be reviewed and modified to

the extent necessary;

(12) Confidentiality of information.—

(i) The occupier of a factory carrying on ‘hazardous process’

shall disclose all information needed for protecting safety and

health of the workers and the general public in the

neighbourhood—

(a) His workers;

(b) District Emergency Authority; and

as required under sub-rules (3), (6) and (7) of this rule. If, the

occupier is of the opinion that the disclosure of details regarding

the process and formulations will adversely affect his business

interests, he may make a representation to the Chief

Inspector-cum-Facilitator stating the reasons for withholding

such information. The Chief Inspector-cum-Facilitator shall give

an opportunity to the occupier of being heard and pass an order

on the representation;

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PART–II]

LA GAZETTE DE L'ETAT

(ii) An occupier aggrieved by an order of Chief Inspector-

cum-Facilitator may prefer an appeal before the Government of

Puducherry within a period of 30 days. The Government shall

give an opportunity to the occupier of being heard and pass an

order. The order of the Government shall be final.

60. The conditions for accessibility of the record by the employees

under clause (a) of section 85.— (1) The occupier of every factory

carrying out a ‘hazardous process’ shall make accessible the health

records including the record of worker’s exposure to hazardous process

or, as the case may be, the medical records of any worker for his perusal

under the following conditions: -

(i) Once in every six months or immediately after the medical

examination whichever is earlier;

(ii) If, the Factory Medical Practitioner is of the opinion that

the employee has manifested signs and symptoms of any notifiable

disease as specified in the Third Schedule of the Code;

(iii) If, the worker leaves the employment;

(iv) If, any one of the following authorities so direct: -

– the Chief Inspector-cum-Facilitator;

– the Health Authority of the Central or Government of

Puducherry;

– the Commissioner of Workmen’s Compensation;

– the Director, Employees State Insurance Corporation

(Medical Benefits); and

– the Director-General, Factory Advice Service and

Labour Institutes.

(2) A copy of the up-to-date health records including the record

of worker’s exposure to hazardous process or, as the case may be, the

medical records shall be supplied to the worker on receipt of an

application from him. X-ray plates and other medical diagnostic reports

may also be made available for reference to his medical practitioner.

61. The qualification and experience of persons handling

hazardous substance and manner of providing necessary facilities for

protecting the workers under clause (b) of section 85.— (1) All persons

who are required to supervise the handling of hazardous substances

shall possess the following qualifications and experience:—

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LA GAZETTE DE L'ETAT

[PART–II

(i) A degree in Chemistry or Diploma in Chemical

Engineering or Technology with 5 years’

experience; or

(ii) A Master’s Degree in Chemistry or a Degree in

Chemical Engineering or Technology with 2 years’

experience;

(iii) The experience stipulated above shall be in process

operation and maintenance in the Chemical

Industry;

(iv) The Chief Inspector-cum-Facilitator may require to

undergo training in Health and Safety for

supervision.

(2) The syllabus and duration of the above training and the

organisations conducting the training shall be approved by the

Directorate-General FactoryAdvice Services and Labour Institutes or the

appropriate Government in accordance with the guidelines issued by the

Directorate-General FactoryAdvice Services and Labour Institutes.

62. The manner of providing for medical examination of an worker

under sub-clause (ii) of clause (c) of section 85.— (1) Workers employed

in a ‘hazardous process’ shall be medically examined by a qualified

medical practitioner hereinafter, referred to as a Factory Medical

Practitioner, in the following manner: —

(i) Once before employment, to ascertain physical fitness of

the person to do the particular job;

(ii) Once in a period of 6 months, to ascertain the health status

of all the workers in respect of occupational health hazards

to which they are exposed and in cases where in the

opinion of the Factory Medical Practitioner, it is necessary

to do so at a shorter interval in respect of any workers;

(iii) The details of pre-employment and periodical medical

examination carried out as aforesaid shall be recorded in

the Health Register in the Form XXV.

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LA GAZETTE DE L'ETAT

(2) No person shall be employed for the first time without a

certificate of fitness in Form XXIV granted by the Factory Medical

Practitioner. If, the Factory Medical Practitioner, declares a person unfit

for being employed in any process covered under sub-rule (1), such a

person shall have the right to appeal to the Inspector-cum-Facilitator

who shall refer the matter to the Medical Officer whose opinion shall be

final in this regard. If, the Inspector-cum-Facilitator is also the Medical

Officer, he may dispose of the application himself.

(3) Any findings of the Factory Medical Practitioner, revealing

any abnormality or unsuitability of any person employed in the process

shall immediately be reported to the Medical Officer, who shall in turn,

examine the concerned worker and communicate his findings to the

occupier within 30 days. If, the Medical Officer is of the opinion that

the worker so examined is required to be taken away from the process

for health protection, he will direct the occupier accordingly, who shall

not employ the said worker in the same process. However, the worker

so taken away shall be provided with alternate placement unless he is

in the opinion of the Medical Officer, fully incapacitated in which case

the worker affected shall be suitably rehabilitated.

(4) A Medical Officer on his own motion or on a reference from

an Inspector-cum-Facilitator may conduct medical examination of worker

to ascertain the suitability of his employment in a hazardous process or

for ascertaining his health status. The opinion of the Medical Officer in

such a case shall be final. The fee required for this medical examination

shall be paid by the occupier.

(5) The worker taken away from employment in any process

under sub-rule (2) may be employed again in the same process only after

obtaining the Fitness Certificate from the Medical Officer and after

making entries to that effect in the Health Register.

(6) The worker required to undergo medical examination under

these rules and for any medical survey conducted by or on behalf of

the Central Government or the State Government shall not refuse to

undergo such medical examination.

63. The measures or standards under sub-section (1) of

section 86.— (1) Occupational Health Centres-In respect of any factory

carrying on ‘hazardous process’, there shall be provided and maintained

in good order an Occupational Health Centre with the services and

facilities as per scale laid down hereunder:—

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LA GAZETTE DE L'ETAT

[PART–II

(i) For factories employing up to 50 workers,-

(a) The services of a Factory Medical Practitioner, on

retainer-ship basis, in his clinic to be notified by the occupier.

He will carry out the pre-employment and periodical medical

examination as stipulated in rule 62 and render medical

assistance during any emergency;

(b) A minimum of 5 persons trained in first-aid procedures

amongst whom at least one shall always be available during the

working period;

(ii) For factories employing 51 to 200 workers,-

(a) An occupational Health Centre having a room with a

minimum floor area of 15 sq.metre with floors and walls made of

smooth and impervious surface and with adequate illumination

and ventilation as well as equipment as per the Schedule-D;

(b) A part-time Factory Medical Practitioner, shall be in overall

charge of the Centre who shall visit the factory at least twice in

a week and whose services shall be readily available during

medical emergencies;

duty throughout the working period;

(d) A fully equipped first aid box in all the Departments;

(iii) For Factories employing above 200 workers;

(a) One full-time Factory Medical Practitioner, for factories

employing up to 500 workers and one more Medical Officer for

every additional 1000 workers or part thereof;

(b) An Occupational Health Centre having at least 2 rooms

each with a minimum floor area of 15 sq. metre with floors and

walls made of smooth and impervious surface and adequate

illumination and ventilation as well as equipment as per the

Schedule-D;

and one Sweeper-cum-Ward Boy throughout the working

period;

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LA GAZETTE DE L'ETAT

(d) The Occupational Health Centre shall be suitably

equipped to manage medical emergencies.

(2) The Factory Medical Practitioner, required to be appointed

under clause (a) shall have qualifications included in Schedule to the

Indian Medical Degrees Act,1916 or in the Schedules to the Indian

Medical Council Act,1956 and possess a Certificate of Training in

Industrial Health of minimum three months duration recognised by the

Government of Puducherry:

Provided that-

(i) A person possessing a Diploma in Industrial Health or

equivalent shall not be required to possess the certificate of

training as aforesaid;

(ii) The Chief Inspector-cum-Facilitator may, subject to such

conditions as he may specify, grant exemption from the

requirement of this sub-rule, if, in his opinion a suitable person

possessing the necessary qualification is not available for

appointment;

(iii) In case of a person who has been working as a Factory

Medical Practitioner for a period of not less than 3 years on the

date of commencement of this rule, the Chief Inspector-cum-

Facilitator may, subject to the condition that the said person

shall obtain the aforesaid certificate of training within a period

of three years, relax the qualification.

(3) The syllabus of the course leading to the above certificate,

and the organisations conducting the Course shall be approved by the

Directorate-General of Factory Advice Service and Labour Institutes or

the Government of Puducherry in accordance with the guidelines issued

by the Directorate-General FactoryAdvice Services & Labour Institutes.

(4) Within one month of the appointment of a Factory Medical

Practitioner, the occupier of the Factory shall furnish to the Chief

Inspector-cum-Facilitator the following particulars:-

(i) Name and address of the Factory Medical Practitioner;

(ii) Qualifications;

(iii) Experience, if any; and

(iv) the sub-rule under which appointed

520

LA GAZETTE DE L'ETAT

[PART–II

(5) Ambulance Van— (i) In any factory carrying on ‘hazardous

process’, there shall be provided and maintained in good condition,

a suitably constructed ambulance van equipped with items as per

clause(ii) of this rule and manned by a full time Driver-cum-Mechanic

and a Helper trained in first aid, for the purposes of transportation of

serious cases of accidents or sickness. The ambulance van shall not be

used for any purpose other than the purpose stipulated herein and will

normally be stationed at or near the Occupational Health Centre:

Provided that a factory employing less than 200 workers, may make

arrangements for procuring such facility at short notice from a nearby

hospital or other places, to meet any emergency.

(ii) The Ambulance should have the following equipment:—

(a) General:

(i) A wheeled stretcher with folding and adjusting

devices; with the head of the stretcher capable of

being tilted upward;

(ii) Fixed suction unit with equipment;

(iii) Fixed oxygen supply with equipment;

(iv) Pillow with case; Sheets; Blankets; Towels;

(v) Emesis bag; Bedpan; Urinal; Glass.

(b) Safety equipments:

(i) Flares with life of 30 minutes; Floodlights;

(ii) Flash lights; Fire extinguisher dry power type;

(iii) Insulated gauntlets.

(c) Emergency Care Equipment Resuscitation:

(i) Portable suction unit; Portable oxygen units;

(ii) Bag-valvemask, hand operated artificial ventilation

unit;

(iii) Airways; Mouthgags; Tracheostomy adapters;

521

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LA GAZETTE DE L'ETAT

(iv) Short spine board; I.V. Fluids with administration unit;

(v) B.P. Manometer; Stethoscope.

(d) Immobilization:

(i) Long and short padded boards; Wire ladder splints;

(ii) Triangular bandage; Long and short spine boards.

(e) Dressings:

(i) Gauze pads - 4" x 4"; Universal dressing 10" x 36";

(ii) Roll of aluminium foils; Soft roller bandages 6" x 5

yards;

(iii) Adhesive tape in 3" roll; Safety pins;

(iv) Bandage sheets; Burn sheet.

(f) Poisoning:

(i) Syrup of ipecae; Activated Charcoal Pre-packeted in

dozes; Snake bite kit;

(ii) Drinking water.

(g) Emergency Medicines:

As per requirement (under the advice of Medical

Officer only)

(6) Decontamination Facilities— In every factory, carrying out

‘hazardous process’, the following provisions shall be made to meet

emergency:-

(i) fully equipped first-aid box;

(ii) readily accessible means of water for washing by workers

as well as for drenching the clothing of workers who have been

contaminated with hazardous and corrosive substance; and such

means shall be as per the scale shown in the Table below :-

522

LA GAZETTE DE L'ETAT

[PART–II

TABLE

Sl.

No. of persons employed

No. of drenching showers

No.

at any time

(1)

(2)

(3)

(i)

Up to 50 workers

(ii)

Between 51 to 200 workers

2+1 for every additional 50 or

part thereof

(iii)

Between 201 to 500 workers

5+1 for every additional 100 or

part thereof

(iv)

501 workers and above

8 + 1 for every additional 200 or

part thereof

(iii) a sufficient number of eye wash bottles filled with

distilled water or suitable liquid, kept in boxes or cupboards

conveniently situated and clearly indicated by a distinctive sign

which shall be visible at all times.

64. Issue of Guidelines.— For the purpose of compliance with the

requirements under sub-sections (1), (4) and (7) of section 84 or section

85 of the Code, the Chief Inspector-cum-Facilitator may, if, deemed

necessary, issue guidelines from time to time to the occupiers of factories

carrying on 'hazardous process'. Such guidelines may be based on

National Standards, Codes of Practice, or recommendations of

International Bodies such as International Labour Organisation (ILO)

and World Health Organisation (WHO).

65. The value of the maximum permissible limit of exposure of

chemical and toxic substances in manufacturing process in any factory

under section 88.— The maximum permissible threshold limits of

exposure of chemical and toxic substances in manufacturing processes

(whether hazardous or otherwise) in any factory shall be of the value

indicated in the Schedule-E.

66. The appellate authority for appeal against the order of

Inspector-cum-Facilitator of factory and the manner of appeal under

section 90.— (1) An appeal presented under section 90 shall lie with

the Chief Inspector-cum-Facilitator in cases where the order appealed

against is an order passed by that officer, with the appropriate

523

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LA GAZETTE DE L'ETAT

Government or with such authority as the appropriate Government may

appoint in this behalf and shall be in the form of a memorandum setting

forth concisely the grounds of objection to the order and bearing

Court-fees stamp in accordance with Article 11 of Schedule-II to the

Court Fees Act, 1870, and shall be accompanied by a copy of the order

appealed against.

(2) On receipt of the memorandum of appeal, the appellate

authority shall, if, it thinks fit or if the appellant has requested that the

appeal should be heard with the aid of assessors, call upon the body

declared under sub-rule (3) to be representative of the industry

concerned, to appoint an assessor within a period of 14 days. If, an

assessor is nominated by such body, the appellate authority shall

appoint a second assessor itself. It shall then fix a date for the hearing

of the appeal and shall give due notice of such date to the appellant

and to the Inspector-cum-Facilitator whose order is appealed against,

and shall call upon the two assessors to appear upon such date to assist

in the hearing of the appeal.

(3) The appellant shall state in the memorandum presented

under sub-rule(1) whether he is a member of one or more of the following

bodies. The body empowered to appoint the assessor shall;-

(i) If, the appellant is a member of one of such bodies, be that

body;

(ii) If, he is a member of two such bodies, be the body which

the appellant desired should appoint such assessor; and

(iii) If, the appellant is not a member of any of the aforesaid

bodies or of he does not state in the memorandum, which of such bodies,

he desires should appoint the assessor, be the body which the appellant

authority considers as the best fitted to represent the industry

concerned.

1……………………………

2……………………………

3……………………………

4……………………………

524

LA GAZETTE DE L'ETAT

[PART–II

(4) An assessor appointed in accordance with the provisions

of sub-rules (2) and (3) shall receive, for the bearing of the appeal, a fee

to be fixed by the appellate authority, subject to a maximum of ` 50 per

diem. He shall also receive the actual travelling expenses. The fees and

travelling expenses shall be paid to the assessors by appropriate

Government, but, where assessors have been appointed at the request

of the appellant and the appeal has been decided wholly or partly against

him, the appellate authority may direct that the fees and travelling

expenses of the assessors shall be paid in whole or in part by the

appellant.

67. Persons defined to hold positions of supervision or

management underclause (a) of sub-section (1) of section 91.— (1) The

following persons shall be deemed to hold positions of supervision or

management:-

(i) all persons specified in the Schedule-F; and

(ii) any other person who, in the opinion of the Inspector-cum-

Facilitator, holds a position of supervision or management

as given in Schedule-F

(2) Any other person, so declared as holding positions of

supervision or management or holding a confidential position in the

Factory in writing, by the Chief Inspector-cum-Facilitator;

68. Exemptions under clause (b) of sub-section (1) of section 91.—

Adult workers engaged in factories specified in column (2) of the

Schedule-G on the work specified in column (3) of the said Schedule

shall be exempted from the provisions of the sections specified in the

column (4) subject to the conditions, if any, specified in column (5) of

the said Schedule.

CHAPTER–XI

OFFENCES AND PENALTIES

69. Authority for holding enquiry under sub-section (1) of

section 111.— (1) The Government of Puducherry may by notification

in the Official Gazette appoint any Gazetted Officer not below the rank

of Deputy Labour Commissioner or any other officer for holding enquiry

and imposing penalty in such manner as may be prescribed by the

Central Government under sub-section (1) of section 111.

525

PART–II]

LA GAZETTE DE L'ETAT

(2) The Government may appoint subordinate officers and staffs

to the Enquiry Officer as it considers necessary for the efficient

discharge of its function under this Code and rule.

70. Form and manner of preferring appeal and the fee to

accompany such appeal under sub-section (3) of section 111.— (1) The

employer aggrieved by the order of Enquiry Officer, may appeal against

such order before the Appellate Officer appointed by the Government

of Puducherry for such purpose within thirty days from the date of

receipt by him of such order, electronically or otherwise in FORM XXVIII

along with fee @ 25% of penalty imposed to be deposited in the official

account of the Appellate Authority electronically or otherwise.

(2) Where, the memorandum of appeal is in order, the appellate

authority shall admit the appeal, acknowledge it and intimate admission

of such appeal, and shall register the appeal in electronic form to be

kept for the purpose called the register of appeals.

(3) When, the appeal has been admitted, the appellate authority

shall send the notice of the appeal to the Enquiry Officer, against whose

order the appeal has been preferred and the Enquiry Officer shall

thereupon send the records of the case to the appellate authority online

electronically or otherwise.

(4) On receipt of the appeal, the appellate authority shall send

a notice to the appellant to appear before him on such date and time as

may be specified in the notice for the hearing of the appeal electronically

or by registered post.

(5) If, on the date fixed for hearing, the appellant does not

appear, the appellate authority may dismiss the appeal for default of

appearance of the appellants by sending the copy of the order to the

applicant electronically or otherwise.

(6) Where an appeal has been dismissed, the appellant may

apply electronically to the appellate authority for the restoration of the

appeal within thirty days from the date of receipt of the order and if,

the appellate authority is satisfied that the appellant was prevented by

sufficient cause from appearing, the appellate authority shall restore the

appeal subject to costs at the discretion of the authority.

526

LA GAZETTE DE L'ETAT

[PART–II

(7) The order of the appellate authority shall be communicated

electronically or by registered post to the appellant and copy thereof

shall be sent to the registering officer against whose order the appeal

has been preferred and shall be disposed of within a period of thirty

days from the date of receipt of appeal.

71. Manner of compounding under sub-section (1) of

section 114.— (1) The officer notified by the Government of Puducherry

for the purposes of compounding of offences under sub-section (1) of

section 114 shall issue electronically or otherwise, a compounding notice

for the offences which are compoundable under sub-section (1) of

section 114 of the Code.

(2) The person issued with notice may apply to the officer

electronically or otherwise in FORM XXIX and deposit the entire

compounding amount by electronic transfer or otherwise, within thirty

days of the receipt of the notice.

(3) The Compounding Officer shall issue a composition

certificate within twenty days of receipt of the composition amount, to

such person from whom such amount has been received in satisfaction

of the composition notice.

(4) If, a person so noticed fails to deposit the composition

amount within one month before the institution of prosecution, the

prosecution shall be proceeded with before the Competent Court.

(5) No prosecution shall be instituted without giving an

opportunity to the employer to comply with such provisions subject to

proviso of sub-section (1) of section 110 and compounding as under

section 114.

(6) The amount of composition received during the month shall

be credited to the Social Security fund mentioned under sub-section (1)

of section 115 for the welfare of the unorganized workers, before 7th

day of succeeding month.

(7) The amount of composition received and credited shall be

recorded in a register in FORM XXX maintained for that purpose.

527

PART–II]

LA GAZETTE DE L'ETAT

CHAPTER–XII

SOCIAL SECURITY FUND

72. Other sources of fund under sub-section (2) of section 115.—

The Puducherry Government may by notification make separate rules

for generating other sources of Puducherry Social Security Fund as

under: -

(1) The Registration/Renewal fees collected from the

establishments under the Code and any other labour law enacted by the

State legislature.

(2) The unclaimed amount presently lying in the official

accounts of all under Payment of Wages Act, 1936, Payment of Gratuity

Act, 1972, Minimum Wages Act, 1948, Payment of Bonus Act, 1965,

Employees Compensation Act, 1923, etc.

(3) The unclaimed Security amount under Contract Labour

(Regulation and Abolition) Act, 1970/Inter-State Migrant Workmen

(RECS) Act, 1979.

(4) Any other resource as the Government of Puducherry may

decide at any point of time.

73. The manner of administering and expending the Social

Security Fund under sub-section (3) of section 115.— The Government

of Puducherry in consultation with Puducherry unorganized sector

Workers Welfare Board may notify the manner in which the fund shall

be administered and expended for the welfare of the unorganized workers

and the transfer of any amount in the fund to any other fund established

under any other law for the time being in force for the welfare of the

unorganized workers.

CHAPTER–XIII

MISCELLANEOUS

74. The form of application, manner of filing the application and

the fee to be accompanied therewith including the information relating

to the engagement of Contract workers including Inter-State migrant

employees under sub-section (2) of section 119.— (1) If, a contractor

desirous of obtaining licence for,-

528

LA GAZETTE DE L'ETAT

[PART–II

(i) supplying or engaging contract labour; or

(ii) undertaking or executing the contract works under

sub-section (1) or sub-section (2) of section 47 in more

than one District or for the whole of the Union territory

of Puducherry, then he shall apply electronically or

otherwise on the official portal of Labour Department,

Government of Puducherry in Form-XIV to the licensing

authority appointed by the Government.

(2) Application for single licence shall be submitted

electronically or otherwise to the authority notified in this behalf under

sub-section (1) of section 119 of the Code.

(3) Licence issued under this rule shall be valid for five years.

(4) Copy or copies of the licence so issued shall be sent to the

District Officers of the Labour Department in whose jurisdiction, the

contract work or works for which licence is issued, falls.

75. Actions, manner of taking actions and inquiry under

sub-section (3) of section 119.— Where the Authority referred to in

sub-section (3) of section 119 is satisfied that the common licence may

be issued in respect of factory, industrial premises and for construction

establishment engaging contract workers or any combination thereof, a

single licence for any one of them under these rules shall be issued in

Form-XV electronically or otherwise within 45 days of the receipt of the

said application. In case the authority rejects the registration application,

he shall assign the reasons for such rejections and communicate to the

party within the above-mentioned period electronically or otherwise as

the case may be.

76. The form of appeal, the fee to be accompanied therewith and

the appellate authority under sub-section (6) of section 119.— (1) Any

person aggrieved by an order passed under sub-section (1) of section

119 by the Authority referred to in rule 71 shall prefer an appeal before

the Administrative Secretary to Government (Labour), Government of

Puducherry.

(2) The Application for the appeal shall be accompanied with

the rejection order of the Registering Authority and fee receipt of ` 1,000

to be deposited in the official account of the Appellate Authority.

529

PART–II]

LA GAZETTE DE L'ETAT

77. The manner of survey under sub-section (2) of section 121.—

The Committee as referred under sub-section (2) of section 121 shall be

nominated and approved by the Government of Puducherry.

78. Any other matter which is required to be, or may be,

prescribed under the Code.— The Puducherry Government may at any

time after publication of these rules make such amendments and

insertions as it deems proper by way of notification for carrying out

any of the provisions under the Code.

SCHEDULE–A

[Prescribed under sub-rule (3) of rule 27)

Sl. Area under Qualification

Experience

Facilities at

No.

which

required

for the

his command

competency

purpose

recognized

(1)

(2)

(3)

(4)

(5)

1 Certificate of

Degree in

(i) A minimum

Stability for

Civil or

of 10 years

Building

Structural

experience in the

Engineering

design of

or equivalent

construction or

testing or repair

of structures;

(ii) Knowledge of

non-destructive

testing, various

codes of practices

that are Current

and the effect of

vibrations and

natural forces on

the stability of the

building; and

(iii) Ability to arrive

at a reliable

conclusion with

regard to the safety

of the structure

of the building.

530

LA GAZETTE DE L'ETAT

[PART–II

2 Dangerous

Degree in

(i) A minimum

Gauges for

Machines.

Electrical or

of 7 years

measurement:

Mechanical

experience in,-

instruments for

or Textile

measurement of

Engineering

(a) design or

speed and any

or equivalent.

operation or

other equipment

maintenance;

or device to

determine the

safety in the use

(b) testing,

of the dangerous

examination

Machines.

and inspection

of relevant

machinery,

their guards,

safety devices

and appliances.

(ii) He shall-

(a) be conversant

with safety

devices and

their proper

functioning;

(b) be able to

identify defects

and any other

cause leading to

failure; and

arrive at a reliable

conclusion with

regard to the

proper

functioning of

safety device

and appliance

and machine

guard.

(1)

(2)

(3)

(4)

(5)

531

PART–II]

LA GAZETTE DE L'ETAT

3 Hoists and

A Degree in

(i) A minimum

Facilities for

Lifts.

Electrical or

experience of

load testing,

Mechanical

7 years in -

tensile

Engineering

testing gauge/

or its

(a) design or

equipment/

equivalent.

erection or

gadgets,

maintenance;

for measurement

and any other

(b) inspection and ^equipment

test procedures ^required

of lifts and

for determining

hoists.

the safe working

conditions of

(ii) He shall be-

hoists and lifts.

(a) conversant with

relevant codes

of practices and

test procedures

that are current;

(b) conversant with

other statutory

requirements

covering the

safety of the

hoists and lifts;

defects and

arrive at a

reliable

conclusion with

regard to the

safety of hoists

and lifts;

(1)

(2)

(3)

(4)

(5)

532

LA GAZETTE DE L'ETAT

[PART–II

4. Lifting

Degree in

(i) A minimum

Facilities for

Machinery

Mechanical

experience

load testing,

and Lifting

or Electrical

of 7 years in,-

tensile testing,

Tackles.

heat treatment

Metallurgical

(a) design or

equipment/

Engineering

erection or

gadget for

or its

maintenance;

measurement,

equivalent.

gauges and

(b) testing,

such other

examination

equipment to

and inspection

determine the

of lifting

safe working

machinery,

conditions of

chains, ropes

the Lifting

and lifting

machinery,

tackles.

(ii) He shall be,-

(a) conversant

with the

relevant codes

of practices

and test

procedures

that are

current.

(b) conversant

with fracture

mechanics and

metallurgy of

the material or

construction;

(1)

(2)

(3)

(4)

(5)

533

PART–II]

LA GAZETTE DE L'ETAT

with heat

treatment

stress reliving

techniques as

applicable to

stress bearing

component

and parts

of lifting

machinery and

lifting tackles;

(d) capable of

identifying

defects and

arriving at a

reliable

conclusion

with regard to

the safety of

lifting machinery,

chains, ropes and

lifting tackles.

5. Pressure

Degree in

(a) A minimum

Facilities for

Plant

Chemical or

experience of

carrying out

Electrical or

10 years in,-

hydraulic test,

Metallurgical

non-destructive

or Mechanical

(a) design or

test, gauges/

Engineering or

erection or

equipment/

its equivalent.

maintenance,

gadgets for

measurement

(b) testing,

and any other

examination

equipments or

and inspection, ^{gauges to}

of pressure

determine the

Plants.

safety in the

use of pressure

vessels.

(1)

(2)

(3)

(4)

(5)

534

LA GAZETTE DE L'ETAT

[PART–II

(b) He shall be-

(a) conversant

with the

relevant codes

of practices

and test

procedures

relating to

pressure

vessels;

(b) conversant

with statutory

requirements

concerning

the safety of

unfired pressure

vessels and

equipment

operating

under pressure;

non-destructive

testing

techniques as

are applicable

to pressure

vessels;

(d) able to identify

defects and

arrive at a

reliable

conclusion

with regard

to the safety

of pressure

plants.

(1)

(2)

(3)

(4)

(5)

535

PART–II]

LA GAZETTE DE L'ETAT

6. Precautions

Master’s

(i) A minimum of

Meters,

against

Degree in

7 years of

instruments and

Dangerous

Chemistry, or

experience in

devices duly

Fumes.

a Degree in

collection

calibrated and

Chemical

and analysis of

certified for

Engineering.

environmental

carrying out

samples and

the tests and

calibration of

certification of

monitoring

safety in working

equipment.

in confined spaces.

(ii) He shall-

(a) be conversant

with the

hazardous

properties of

chemicals

and their

permissible

limit values;

(b) be conversant

with the current

techniques of

sampling and

analysis of the

environmental

contaminants;

and

at a reliable

conclusion as

regards the safety

in respect of

entering and

carrying out

work in confined

spaces.

(1)

(2)

(3)

(4)

(5)

536

LA GAZETTE DE L'ETAT

[PART–II

7. Ventilation

Degree in

(i) A minimum of

Facilities for

Systems

Mechanical

7 years of

testing the

or Electrical

experience in the

ventilation

Engineering

design, fabrication,

system

or equivalent.

installations,

instruments

testing of

and gauges for

ventilation system

testing the

and systems used

effectiveness of

for extraction and

the extraction

collection of dusts,

systems for

fumes and vapours dusts, vapours

and other ancillary and fumes,

equipment.

and any other

(ii) He shall be

equipment

conversant with

needed for

relevant codes of

determining

practice and test

the efficiency

procedures that

and adequacy

are current in

of these

respect of

systems. He

ventilation and

shall have

extraction system

the assistance

for fumes, and shall

of a suitable

be able to arrive

qualified

at a reliable

technical person

conclusion with

who can come

regard to

to a reasonable

effectiveness of

conclusion as to

the system.

the adequacy

of the system.

(1)

(2)

(3)

(4)

(5)

537

PART–II]

LA GAZETTE DE L'ETAT

SCHEDULE–B–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.

2. Face-guards and gauntlets.— (1) The occupier shall provide and

maintain the following in good condition for the use of all persons

engaged in filling bottles or siphons: -

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

and (b) Suitable gauntlets for both arms to protect the whole 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 cooking, crowning, screwing,

foiling, capsuling, sighting or labelling bottles or siphons,-

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

and

(b) suitable gauntlets for both arms to protect the arm at least

half of the palm and the space between the thumb and the

fore-finger.

3. Wearing of face-guards and gauntlets.— All persons engaged

in any of the process, 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.

538

LA GAZETTE DE L'ETAT

[PART–II

SCHEDULE–B-II

PHOSPHATING, ELECTROLYTIC PLATING OROXIDATION

OF METAL ARTICLES BY USE OF AN ELECTROLYTE

CONTAINING ACIDS, BASES OR SALTS OF METALS

SUCH AS CHROMIUM, NICKEL, CADMIUM,

ZINC, COPPER, SILVER, GOLD ETC.

1. Definitions.— For the purposes of this Schedule,–

(a) “electrolytic process” means the electrolytic plating or

oxidation of metal articles by the use of an electrolyte containing acids,

bases or salts of metals such as chromium, nickel, cadmium, zinc, copper,

silver, gold, etc.;

(b) “phosphating process” means, a chemical process for

surface treatment wherein soluble phosphate layers are formed.

or for any subsequent process; and

(d) “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 and 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 as to prevent the vapour or spray entering into

any room or place in which work is carried on.

3. Prohibition relating to women.— No woman shall be employed

or permitted to work at a bath.

4. Floor of workrooms.— The floor of every workroom containing

a bath shall be impervious to water. The floor shall be maintained in

good and level condition and shall be washed down at least once a day.

5. Protective devices.— (1) The occupier shall provide and

maintain in good andclean condition the following articles of protective

devices for the use of all persons employed on any process at which

they are liable to come into contact with liquid from a bath and such

devices shall be worn by the persons concerned—

539

PART–II]

LA GAZETTE DE L'ETAT

(a) Waterproof aprons and bibs: and

(b) for persons actually working at a bath,loosefitting

rubber gloves and rubber boots or other waterproof

footwear and chemical goggles.

(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 smooth impervious surface filled with a

waste pipe, and of sufficient length to allow at least 60 cms, for

every 5 persons employed at any one time, and having a

constant supply of water from taps or jets above the trough at

intervals of not more than 60 centimetres, 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 1,500 litres capacity

shall be provided as a source of clean water for emergency use.

7. Cautionary Placard.— A cautionary placard in the form

specified below and printed in the language of the majority of the

workers employed shall be affixed in a prominent place in the factory

where it can be easily and conveniently read by the workers.

CAUTIONARY NOTICE

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

2. Smoking, chewing tobacco, eating food or drinking in this

area is prohibited. No foodstuff or drink shall be brought in this area.

540

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[PART–II

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 employees shall report for the prescribed medical tests

regularly to protect their own health.

8. Medical facilities and record of examinations and tests.—

(1) The occupier of every factory to which this Schedule applies shall,-

(a) employ a qualified medical practitioner for medical

surveillance of the workers employed therein, whose

appointment shall be subject to the approval of the Chief

Inspector-cum-Facilitator;

(b) provide to the said medical practitioner all the necessary

facilities for the purpose referred to in clause (a); and

ointment and impermeable water proof plaster in a separate

box readily accessible to the workers and used solely for

the purpose of keeping these substances. In case, cyanides

are used in the bath, the box shall also contain an

emergency cyanide kit.

(2) The medical practitioner shall examine all workers before

they are employed in electrolytic processes. Such examination in case

of chrome plating shall include inspection of hands, forearms and nose

and will be carried out once at least in every fortnight.

(3) The record of the examinations referred to in sub-paragraph

(2) shall be maintained in a separate register approved by the Chief

Inspector-cum-Facilitator which shall be kept readily available for

inspection by the Inspector-cum-Facilitator.

9. Medical examination by the Medical Officer.— (1) Every worker

employed in the electrolytic processes shall be examined by a Medical

Officer before his first employment. Such examination shall include X-ray

of the chest and, —

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LA GAZETTE DE L'ETAT

(a) in case of chromium plating include examination for nasal

septum perforation and test for chromium in urine:

(b) in case of nickel plating, test for nickel in urine: and

Beta-2 microglobulin in urine.

(2) No worker shall be employed in any electrolytic process

unless certified fit for such employment by the Medical Officer.

(3) Every worker employed in the electrolytic process shall be

reexamined by a Medical Officer at least once in every year, except in

case of the workers employed in cadmium, chromium and nickel-plating

processes for whom this examination shall be carried out once in every

six months. Such reexamination shall wherever, the Medical Officer

considers appropriate, include tests as specified under sub-paragraph

(1) excluding the X-ray of the chest which shall not be required normally

to be carried out earlier than once in three years.

(4) The Medical Officer after examining a worker, shall issue a

Certificate of Fitness in Form-XXIV. The record of examination and

reexaminations carried out shall be kept in the custody of the occupier/

Manager of the factory. The record of each examination carried out

under sub-paragraphs (1) and (2), including the nature and the results

of the tests, shall also be entered by the Medical Officer in a health

(5) The Certificate of Fitness and the Health Register shall be

kept readily available for inspection by the Inspector-cum-Facilitator.

(6) If, at any time the Medical Officer is of the opinion that a

worker is no longer fit for employment in the electrolyte processes on

the ground that continuance therein would involve danger to the health

of the worker, he shall make a record of his findings in the said certificate

and the Health Register. The entry of his findings in those documents

should also include the period for which he considers that the said

person is unfit for work in the said processes. The person declared unfit

in such circumstances shall be provided with alternate placement facility

unless he is fully incapacitated in the opinion of the Medical Officer, in

which case, the person affected shall be suitably rehabilitated.

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LA GAZETTE DE L'ETAT

[PART–II

(7) No person who has been found unfit to work as said in

sub-paragraph (6) shall be reemployed or permitted to work in the said

processes unless the Medical Officer, after further examination, again

certifies him fit for employment in those processes.

SCHEDULE–B-III

MANUFACTURE AND REPAIR OF ELECTRIC ACCUMULATORS

1. Savings.— This Schedule shall not apply to the manufacture

or repair of electric accumulators or parts thereof not containing lead or

any compound of lead; or to the repair on the premises, of any

accumulator forming part of a stationary battery.

2. Definitions.— For the purposes of this Schedule, -

(a) “Lead Process” means, the melting of lead or any materials

containing lead, casting, pasting, lead burning or any other work,

including trimming, or any other abrading or cutting of pasted plates,

involving the use, movement or manipulation of, or contact with any

oxide of lead.

(b) “Manipulation of raw oxide of lead” means, any lead process

involving any manipulation or movement of raw oxides of lead other than

its conveyance in a receptacle or by means of an implement from one

operation to another.

3. Prohibition relating to women.— No woman person shall be

employed or permitted to work in any lead process or in any room in

which the manipulation of raw oxide of lead or pasting is carried on.

4. Separation of certain processes.— Each of the following

process shall be carried on in such a manner 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;

(d) Formation with lead burning (“tacking”) necessarily carried

on in connection therewith; and

(e) Melting down of pasted plates.

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5. Air space.— In every room in which lead process is carried on,

there shall be at least 14.2 cubic metres of air space for each person

employed therein, and in computing this air space no height over

3.7metres shall be taken into account.

6. Ventilation.— Every workroom shall be provided with inlets and

outlets of adequate size so as to secure and maintain efficient ventilation

in all parts of the room.

7. Distance between workers in pasting room.— In every pasting

room, the distance between the centre of the working position of any

paster and that of the paster working nearest to him shall not be less

than 1.5 metres.

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 conditions;

required for, or produced in, the process carried on in the

room.

(2) In all such rooms other than grid casting shops, the floor

shall be cleansed daily after being thoroughly sprayed with water at a

time when no other work is being carried on in the room.

(3) In grid casting shops the floor shall be cleansed daily.

(4) Without prejudice to the requirements of sub-paragraphs (1),

(2), and (3) where manipulation of raw oxide of lead or pasting is carried

on the floor shall also be, -

(a) kept constantly moist while work is being done;

(b) provided with suitable and adequate arrangements for

drainage; and

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;

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LA GAZETTE DE L'ETAT

[PART–II

(b) be kept free from all materials or plant not required for, or

produced in, the process carried on thereat;

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;

(d) and all such work-benches in grid casting shops be

cleansed daily;

(e) and every work-bench used for pasting shall, -

(i) be covered throughout with sheet lead or other

impervious material;

(ii) be provided with raised edges;

(iii) 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 workroom;

(d) Trimming, brushing, filing or any other abrading or cutting

of pasted plates giving rise to dust;

(e) Lead burning, other than, -

“tacking” in the formation rooms;

(f) 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

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

persons work.

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11. Fumes and gases from melting pots.— The products of

combustion produced in the heating of any melting pot shall not be

allowed to escape into a room in which persons work.

12. Container for dross.— A suitable receptacle with tightly fitting

cover shall be provided and used for dross as it is removed from every

melting pot. Such receptacle shall be kept covered while in the workroom,

except when dross is being deposited therein.

13. Container for lead waste.— A suitable receptacle shall be

provided in every workroom in which old plates and waste material which

may give rise to 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 2.4 metres from the

floor; not more than 61 centimetres in width; provided that as regards

racks or shelves set or from both sides the total width shall not exceed

1.2 metres. Such racks or shelves shall be cleansed only after being

thoroughly damped unless an efficient suction cleaning apparatus is used

for this purpose.

15. Medical facilities and record of examinations and tests.—

(1) The occupier of every factory in which manufacture and repair of

electric accumulators is carried on, shall, -

(a) appoint a qualified Medical Practitioner or Factory Medical

Practitioner for frequent medical examination of the workers

employed therein whose employment shall be subject to

the approval of the Chief Inspector-cum-Facilitator; and

(b) provide to the said Factory 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 Factory Medical Practitioner shall be maintained

in a separate register approved by the Chief Inspector-cum-Facilitator,

which shall be kept readily available for inspection by the Inspector-

cum-Facilitator.

16. Medical examination by the Medical Officer.— (1) 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. Aminolevulinic Acid in urine,

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LA GAZETTE DE L'ETAT

[PART–II

haemoglobin content, stippling of cells and steadiness test. No worker

shall be allowed to work after 15 days of his first employment in the

factory unless certified fit for such employment by the Medical Officer.

(2) Every worker employed in the said processes shall be

reexamined by a Medical Officer at least once in every three calendar

months. Such reexamination shall wherever the Medical Officer considers

appropriate include tests specified in sub-paragraph (1);

(3) The Medical Officer after examining a worker shall issue a

certificate of fitness in Form-XXIV. The record of examination and

reexamination carried on shall be entered in the certificate and the

certificate shall be kept in the custody of the occupier/Manager of the

factory. The record of each examination carried out under sub-paragraphs

(1) and (2), including the nature and the results of the tests shall also

be entered by the Medical Officer in a Health Register in Form-XXV.

(4) The certificate of fitness and the Health Register shall be

kept readily available for inspection by the Inspector-cum-Facilitator.

(5) If at any time, the Medical Officer is of the opinion that a

workeris no longer fit for employment in the process on the ground that

continuance therein would involve special danger to the health of the

worker, he shall make a record of his findings in the said certificate

and the health register. The entry of his findings in those documents

should also include the period for which he considers that the said

person is unfit for work in the said processes.

(6) No person who has been found unfit to work as said in

sub-paragraph (5) above shall be reemployed or permitted to work in

the dais process unless the Medical Officer, after further examination,

again certifies him fit for employment in those process.

17. 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;

and such clothing shall be worn by the persons concerned.

The protective clothing shall consist of a water-proof apron and

water-proof foot-wear 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.

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18. 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 mess-room shall be placed under the charge of a

responsible person, and shall be kept clean.

19. Cloak-room.— There shall be provided and maintained for the

use of all persons employed in lead process, —

(a) A cloak-room for clothing put off during working hours with

adequate arrangement 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.

20. 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) A wash place under cover, with either-

(i) a trough with a smooth impervious surface fitted with a

waste pipe without plug, and or sufficient length to allow of at

least 61 centimetres for every five such persons employed at

any one time and having a constant supply of water from taps

or jets above the trough at intervals of not more than 61

centimetres; or

(ii) at least one wash basin for every five such person

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 workers; and

(iv) a sufficient supply of soap or other suitable cleaning

materials and of nail brushes.

548

LA GAZETTE DE L'ETAT

[PART–II

(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.

21. Time to be allowed for washing.— Before each meal and before

the end of 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 be one basin or 61 centimetres of trough

for such person this rule shall not apply.

22. 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.

23. Food, drinks, etc., prohibited in workrooms.— No food, drink,

pen and supari or tobacco shall be consumed or brought by any workers

into any workroom in which any lead process is carried on.

SCHEDULE–B-IV

GLASS MANUFACTURE

1. Exemptions.— If, the Chief Inspector-cum-Facilitator is satisfied

in respect of any factory or any class of process that owing to the

special methods of work or the special conditions in a factory or

otherwise, any of the requirements of this Schedule can be suspended

or relaxed without danger to the persons employed therein or that the

application of this Schedule or any part thereof is for any reason

impracticable, he may by certificate in writing authorize such suspension

or relaxation as may be indicated in the certificate for such period and

on such conditions as he may think fit.

2. Definitions.— For the purpose of this Schedule,-

(a) “Efficient exhaust draught” means, localized 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.

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(b) “lead compound” means, any compound of lead other than

Galena which, when treated in the manner, described below, yields to an

aqueous solution of hydrochloric acid, a quantity of soluble lead

compound exceeding, when calculated as lead compound exceeding,

when calculated as lead monoxide, 5 percent of the dry weight of the

portion for analysis.

The method of treatment shall be as follows:

A weighed quantity of the materials which has been dried at

100ºC and thoroughly mixed shall be continuously shaken for

one hour, at the common temperature with 1000 times its weight

of an aqueous solution of hydrochloric acid containing 0.25 per

cent by weight of hydrogen chloride. The solution shall

thereafter, be allowed to stand for one hour and then filtered.

The lead salt contained in the clear filtrate shall then be

precipitated as lead sulphide and weighed as lead sulphate.

3. Exhaust draught.— The following processes shall not 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;

vapours are given off;

(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;

(f) All furnaces, heating ovens and driers; and

(g) All machineries involving the secondary processing on

glass material.

4. Prohibition relating to pregnant women.— No pregnant women

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.

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LA GAZETTE DE L'ETAT

[PART–II

5. Floors and work-benches.— The floor and work-benches of

every room in which a dry compound of lead is manipulate 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 or similar material so as to be smooth and

impervious to water;

(b) maintained in sound conditions;and

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 being carried on thereat.

6. Use of hydrofluoric acid.— The following provisions shall apply

to room in which glass is treated with hydrofluoric acid:-

(a) There shall be inlets and outlets of adequate size so as to

secure and maintain efficient ventilation in all parts of the room;

(b) the floor shall be covered with gutta-percha and be tight

and shall slope gently down to a covered drain;

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.— Hydrofluoric acid

shall not be stored or transported except in cylinders or receptacles made

of lead or rubber.

8. Suitable facilities shall be readily available for sterilizing the

blow-pipes used by the glass-blowers and such blow-pipes shall be

sterilized at the beginning of the operation of blowing, each day.

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9. Food, drinks, etc., prohibited in work-rooms.— No food, drink,

pan or supari or tobacco shall be brought into or consumed by any

employee 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 for the use of all persons

employed in the processes specified in paragraph 3 suitable protective

clothing, foot-wear and goggles according to the nature of the work and

such clothing, foot-wear, etc., shall be worn by the persons concerned.

11. Washing facilities.— There shall be provided and maintained

in a cleanly state and in good repair for the use of all persons employed

in the processes specified in paragraph 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 61 centimetres for every five such persons employed at

any one time and having a constant supply of water from taps

or jets above the trough at intervals of not more than 61 centimetres;

(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

materials renewed daily with a sufficient supply of soap or other suitable

cleaning materials and of nail brushes; and

location of such stand pipes shall be to the satisfaction of the Chief

Inspector-cum-Facilitator.

12. Medical facilities and record of examination and tests.—

(1) The occupier of every factory in which glass manufacturing

processes are carried out, shall-

(a) appoint a qualified Medical Practitioner as the Factory

Medical Practitioner for frequent medical examination of

the workersemployed therein whose appointment shall be

subject to the approval of the Chief Inspector-cum-

Facilitator; and

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LA GAZETTE DE L'ETAT

[PART–II

(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 the said Factory Medical Practitioner shall be maintained in

the Health Register in FORM XXV which shall be kept readily available

for inspection by the Inspector-cum-Facilitator.

13. Medical examination by the Medical Officer.— (1) Every

employee employed in processes specified in paragraph 2 shall be

examined by a Medical Officer within 15 days of his first employment.

Such examination shall include pulmonary function tests and in

suspected cases, chest X-ray as well as tests for lead and urine. No

worker shall be allowed to work after 15 days of his first employment

in the factory unless certified fit for such employment by the

Medical Officer.

(2) Every worker employed in the said processes shall be

reexamined by a Medical Officer at least once in every twelve calendar

months. Such reexamination shall, wherever, the Medical Officer shall

consider appropriate, include test as specified in sub-paragraph (1).

(3) The Medical Officer after examining a work shall issue a

Certificate of Fitness in Form-XXIV. The record of examination and

reexaminations carried out shall be entered in the certificate and the

certificate shall be kept in the custody of the occupier/manager of the

factory. The record of each examination carried out under sub-paragraphs

(1) and (2) including the nature and the result of the tests shall also be

entered by the Medical Officer in the Health Register in Form XXV.

(4) The Certificate of Fitness and the Health Register shall be

kept readily available for inspection by the Inspector-cum-Facilitator.

(5) If, at any time the Medical Officer is of the opinion that a

worker is no longer fit for employment in the said processes on the

ground that continuance therein would involve special danger to the

health of worker, he shall make a record of his findings in the said

Certificate and the Health Register. The entry of his findings in those

documents should also include the period for which he considers that

the said person is unfit for work in the said processes.

(6) No person who has been found unfit to work as said in

sub-paragraph (5) shall be reemployed 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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SCHEDULE–B-V

GRINDING OR GLAZING OF METALS 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” mean, a wheel manufactured of bonded

energy or similar abrasive.

of metal, by means of grindstone or abrasive wheel.

(d) “Glazing” means, the abrading, polishing or finishing, by

aid of mechanical power of metal, by means of any wheel, buff, mop or

similar appliance to which any abrading or polishing substance is

attached or applied.

(e) “Racing” means, the turning up, cutting or dressing of a

revolving grindstone before it is brought into use for the first time.

(f) “Hacking” means, the chipping of the surface of a grindstone

by a Hack or similar tool.

(g) “Rodding” means, the dressing of the surface of a revolving

grindstone by the applications 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

any grinding or glazing or 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

writing, subject to such condition as he may specify therein, relax or

suspend any of the provisions of this Schedule in respect of any factory

it owing to the special methods of work or otherwise such relaxation or

suspension is practicable without danger to the health or safety of the

persons employed.

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LA GAZETTE DE L'ETAT

[PART–II

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 dust of adequate size, airtight and so arranged as to be

capable of carrying away the dust, which duct shall be kept free from

obstruction and shall be provided with proper means of access for

inspection and cleaning and where practicable with a connection at the

end remote from the fan to enable the Inspector-cum-Facilitator to attach

thereto any instrument necessary for ascertaining the pressure of air in

the said duct; and

sufficient to extract the dust:

Provided that the Chief Inspector-cum-Facilitator may accept

any other appliance, that is, in his opinion, as effectual for the

interception, removal and disposal of dust thrown off as a hood duct

and fan would be.

4. Restriction on employment on grinding operations.— Not more

than one person shall at any time perform the actual process of grinding,

or glazing upon a grindstone abrasive wheel or glazing appliance:

Provided that this paragraph shall not prohibit the employment

of persons to assist in the manipulation of heavy or bulky articles at

any such grindstone, abrasive wheel or glazing appliance.

5. Glazing.— Glazing or other processes, except processes

incidental to wet grinding upon a grindstone shall not be carried on in

any room in which wet grinding upon a grindstone is done.

6. Hacking and rodding.— Hacking or rodding shall not be done

unless during the process either—

(a) an adequate supply of water is laid on at the upper surface

of the grindstone; or

(b) adequate appliances for the interception of dust are

provided in accordance with the requirement 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 text shall be rectified as soon as practicable.

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(b) A register containing particulars of such examination and

test shall be kept in FormXXVI.

8. Medical facilities and record of examinations and tests.— (1)

The occupier of every factory in which grinding or glazing of metal are

carried out, shall-

(a) appoint a qualified Medical practitioner for frequent

medical examination of the employees employed therein

whose appointment shall be subject to the approval of the

Chief Inspector-cum-Facilitator; and

(b) provide to the said medical practitioner all the necessary

facilities for the purpose referred in clause (a).

(2) The record or medical examinations and appropriate tests

carried out by the said medical practitioner shall be maintained in FORM

XXV which shall be kept readily available for inspection by the

Inspector-cum-Facilitator.

9. Medical examination by the Medical Officer.— (1) Every

employee employed in grinding or glazing of metal and processes

incidental thereto shall be examined by a Medical Officer within 15 days

of his first employment. Such examination shall include pulmonary

function tests and in suspected causes chest X -rays. No employee shall

be allowed to work after 15 days of his first employment in the factory

unless certified fit for such employment by the Medical Officer.

(2) Every employee employed in the said processes shall be

reexamined by a Medical Officer at least once in every twelve calendar

months. Such reexamination shall wherever, the Medical Officer

considers appropriate include tests as specified in sub-paragraph (1).

(3) The Medical Officer after examining an employee, shall issue

a certificate of fitness in From-XXIV.The record of examination and

reexaminations carried out shall be entered in the certificate and the

certificate shall be kept in the custody of the occupier of the factory.

The record of each examination carried out under sub-paragraphs

(1) and (2) including the nature and the results of the tests, shall also

be entered by the Medical Officer in a health register in From-XXV.

(4) The certificate of fitness and the health register shall be kept

readily available for inspection by the Inspector-cum-Facilitator.

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[PART–II

(5) If, at any time, the Medical Officer is of the opinion that an

worker is no longer fit for employment in the said processes on the

ground that continuance therein would involve special danger to the

health of the employee, he shall make a record of his findings in the

said certificate and the health register. The entry of his findings in those

documents should also include the period for which he considers that

the said person is unfit for work in the said processes.

(6) No person who has been found unfit to work as said in

sub-paragraph (5) shall be reemployed or permitted to work in the, said

processes unless the Medical Officer, after further examination again

certifies him fit for employment in those processes.

SCHEDULE–B-VI

MANUFACTURE AND TREATMENT OF LEAD AND

CERTAIN COMPOUNDS OF LEAD

1. Exemptions.— Where, the Chief Inspector-cum-Facilitator is

satisfied that all or any of the protection of this Schedule are not

necessary for the protection of the persons employed, he may by

certificate in writing exempt any factory all or any of such provisions,

subject to such conditions as he may specify therein.

2. Definitions.— For the purpose of this Schedule.

(a) “Lead compound” means, any compound of lead other than

galena which when treated in the manner described below, yields to an

aqueous solution of hydrochloric acid, a quantity of soluble lead

compound exceeding, when calculated as lead mono-oxide, five percent

of the dry weight of the portion take 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 materials 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 100ºC and thoroughly mixed shall be continuously shaken for

once hour, at the common temperature with 1,000 times its weight

an aqueous solution of hydrogen chloride 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 clean filtrate shall be precipitated as lead

sulphide and weighed as lead sulphate.

557

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(b) “Efficient exhaust draught” means, localized ventilation

effected 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 which work is carried on. No draught shall be deemed

efficient which fails to remove smoke generated at the point where such

gas, fumes or dust originate.

3. Application.— This Schedule shall apply to all factories or parts

of factories in which any of the following operations are carried on:-

(a) Work at a furnace where the reduction or treatment of zinc

or lead ores is carried on.

(b) The manipulation, treatment or reduction of ashes containing

lead, the desilverising of lead or the melting of scrap lead or zinc.

ten percent of lead.

(d) The manufacture of any oxide, carbonate, sulphate,

chromate, acetate, nitrate or silicate of lead.

(e) Handling or mixing of lead tetra-ethyl.

(f) Any other operation involving the use of a lead compound.

(g) The cleaning of workroom where any of the operations

aforesaid are carried on.

4. Prohibition relating to women.— No woman shall be employed

or permitted to work in any process involving the use of lead

compounds.

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 to14 complied with.

6. Exhaust draught.— Where dust, fume, gas or vapour is

produced in the process, provision shall be made for removing them by

means of any efficient exhaust draught so contrived as to operate on

the dust, fume, gas or vapour as closely as possible to the point of

origin.

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LA GAZETTE DE L'ETAT

[PART–II

7. Medical facilities and record of examinations and tests.—

(1) The occupier of every factory to which the schedule applies, shall-

(a) appoint a qualified medical practitioner for frequent

medical examination of the employees, employed therein

whose appointment shall be subject to the approval of the

Chief Inspector-cum-Facilitator; and

(b) provide to the said Medical Practitioner all the necessary

facilities for the purpose referred to in clause(a).

(2) The record of medical examinations and appropriate tests

carried out by the said medical practitioner shall be maintained in a

separate register approved by the Chief Inspector-cum-Facilitator, which

shall be kept readily available for inspection by the Inspector-cum-

Facilitator.

8. Medical examination by the Medical Officer.— (1) Every

employee employed in the processes referred to in paragraph(3) shall

be examined by a Medical Officer within 15 days of his first employment.

Such examination shall include test for lead in blood and urine, ALA in

urine, haemoglobin content, stippling of cells and steadiness test.

No employee shall be allowed to work after 15 days of his first

employment in the factory unless certified fit for such employment by

the Medical Officer.

(2) Every employee employed in the said processes shall be

re-examined by a Medical Officer at least once in every three calendar

months. Such reexamination shall wherever the Medical Officer consider

appropriate include tests specified in sub-paragraph(1).

(3) The Medical Officer after examining an employee shall issue

a certificate of fitness in Form-XXIV. The record of examination and

re-examinations carried out shall be entered in the certificate and the

certificate shall be kept in the custody of the occupier of the factory.

The record of each examination carried out under sub-paragraphs

(1) and (2) including the nature and the results of the tests, shall also

be entered by the Medical Officer in a health register in Form-XXV.

(4) The certificate of fitness and health register shall be kept

readily available for inspection by the Inspector-cum-Facilitator.

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(5) If at any time the Medical Officer is of the opinion that an

employee is no longer fit for employment in the said processes on the

ground that continuance therein would involve special danger to the

health of the employee, he shall make a record of his findings in the

said certificate and the health register. The entry of his finding in those

documents should also include the period for which he considers that

the said person is unfit for work in the said processes.

(6) No person who has been found unfit to work as said in

sub-paragraph (5) above shall be re-employed or permitted to work in

the said processes unless he is certified fit for employment in those

processes.

9. Food, drinks, etc., prohibited in workrooms.— No food, drink,

pan and supari or tobacco shall be brought into or consumed by any

employee in any workroom in which the process is carried on and no

person shall remain in any such room during intervals for meals or rest.

10. Protective clothing.— Suitable protective overalls and head

coverings shall be provided maintained and kept clean by the factory

occupier and such overalls and coverings shall be worn by the person

employed.

11. Cleanliness of workrooms, tools, etc.— The rooms in which

the persons are employed and all tools and apparatus used by them shall

be kept in a clean state.

12. 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 61 centimetres 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 61 centimetres; 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 brush, soap or other

suitable cleansing material and clean towel.

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LA GAZETTE DE L'ETAT

[PART–II

(2) The facilities so provided shall be placed under the charge

of a responsible person and shall be kept clean.

13. 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 arrangement shall consist of

the use of a room separate from any workroom which shall be furnished

with sufficient tables and benches and unless a canteen serving hot

meals is provided, adequate means for warming food. The room shall be

adequately ventilated by the circulation of fresh air, shall be placed

under the charge of a responsible person and shall be kept clean.

14. 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–B-VII

GENERATION OF GAS FROM DANGEROUS PETROLEUM

1. Prohibition relating to pregnant women.— No pregnant women

shall be employed or permitted to work in or shall be allowed to enter

any building in which the generation of gas from dangerous petroleum

is carried on.

2. Flame traps.— The plant for generation of gas from dangerous

petroleum and associated piping and fittings shall be fitted with at

least two efficient flame traps so designed and maintained as to prevent

a flash back from any burner to the plant. One of these traps shall be

fitted as close to the plant as possible. The plant and all pipes and

valves shall be installed and maintained free from leak.

3. Generating building room.— All plants for generation of gas

from dangerous petroleum erected after the coming into force of the

provisions specified in this Schedule, shall be erected outside the

factory building proper in a separate well ventilated building (hereinafter

referred to as 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 no direct communication between the room where such

plants are erected (hereinafter referred to as “the generating room”), and

the remainder of the factory building. So far as practicable, all such

generating rooms shall be constructed of fire-resisting materials.

561

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LA GAZETTE DE L'ETAT

4. Fire extinguishers.— An efficient means of extinguishing

petrol fires shall be maintained in an easily accessible position near the

plant for generation of gas from dangerous petroleum.

5. Plant to be approved by the Chief Inspector-cum-Facilitator.—

Gas from dangerous petroleum shall not be manufactured except in a

plant for generating gas from dangerous petroleum, the design and

construction of which has been approved by the Chief Inspector-cum-

Facilitator.

6. Escape of dangerous petroleum.— Effective steps shall be taken

to prevent dangerous petroleum from escaping into any drain or sewer.

7. Prohibition relating to smoking, 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 generating building or in the

vicinity thereof and a warning notice in the language understood by

the majority of the employees shall be posted in the factory prohibiting

smoking and the carrying of matches, fire or naked light or other means

or producing a naked light or spark into such room or building.

8. Access to dangerous petroleum or container.— No unauthorized

person shall have access to any dangerous petroleum or to a vessel

containing or having actually contained (dangerous) petroleum.

9. Electric fittings.— All electric fittings shall be flame proof

construction and all electric conductors shall either be enclosed in metal

conduits or be lead- sheathed.

10. Construction of doors.— All doors in generating room or

generating building shall be constructed to open outwards or to slide

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 the generating room

or generating building.

11. Repair of Containers.— No vessel that has contained

petroleum shall be prepared in a generating room or generating building

and no repairs to any such vessel shall be undertaken unless live-steam

has been blown into the vessel and until the interior is thoroughly

steamed out or other equally effective steps have been taken to ensure

that it has been rendered free from dangerous petroleum or inflammable

vapour.

562

LA GAZETTE DE L'ETAT

[PART–II

SCHEDULE–B-VIII

CLEANING OR SMOOTHING, ROUGHENING, ETC., OF

ARTICLES, BY A JET OF SAND METAL SHOT,

OR GRIT, OR OTHER ABRASIVE PROPELLED BY

A BLAST OF COMPRESSED AIR OR STEAM.

1. Definitions.— For the purposes of this Schedule: -

(i) “Blasting” means, cleaning, smoothing roughening, or

removing of any part of the surface of any article by the use as an

abrasive of jet of sand, metal shot, or grit or other material propelled by

a blast of compressed air or steam;

(ii) “Blasting enclosure” mean, a chamber, barrel, cabinet or any

other enclosure designed for the performance of blasting therein;

(iii) “Blasting Chamber” mean, a blasting enclosure in which any

person may enter at any time in connection with any work or otherwise;

(iv) “Cleaning of castings” where done as an incidental or

supplemental process in connection with the making of metal castings

means the freeing of the casting from adherent sand or other substance

and includes the removal of cores and the general 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

blasting apparatus and shall not be used for blasting.

3. Precautions in connection with blasting operations.—

(1) Blasting shall not be done except in a blasting enclosure and no work

other than blasting and any work immediately incidental hereto 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) 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 the

air of any room.

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(3) 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 against 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 sub-paragraph shall not apply, except in the

case of blasting chambers, to blasting enclosures construction or

installed before the coming into force of this Schedule, if, the Chief

Inspector-cum-Facilitator is of opinion that is not reasonably practicable

to provide such separating apparatus.

(4) There shall be provided and maintained in connection

with every blasting enclosure efficient ventilating plant to extract by

exhaust draught effected 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 of settling device situated in a room in

which persons are employed, other than persons attending to such bag

or other filtering or settling device shall be completely separated from

the general air of that room in an enclosure ventilated to the open air.

(5) The ventilating plant provided for the purpose of

sub-paragraph (4) shall be kept in continuous operation whenever

the blasting enclosure is in use whether or not blasting is actually taking

place therein, and in the case of a blasting chamber, it shall be 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 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, in FORM

XXVI 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 and without prejudice to the foregoing requirements of this

schedule, shall be removed without available delay.

564

LA GAZETTE DE L'ETAT

[PART–II

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 chamber, barrel

cabinet or any other enclosure and for cleaning such a chamber barrel,

cabinet or any other enclosure 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 his 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 persons 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 0.17 cubic

metre 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.

6. Precautions in connection with cleaning and other work.—

(1) Where any person is engaged upon cleaning of any blasting apparatus,

blasting enclosures 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

paragraph 5 and with the removal of dust from filtering or settling

devices, all practicable measures shall be taken to dispose of the dust

in such a manner that it does not enter the air of any room. Vacuum

cleaner shall be provided and used whenever practicable for such

cleaning operations.

7. Storage accommodation for protective wear.— Adequate and

suitable storage accommodation for the helmets, gauntlets and overalls

required to be provided by paragraph 5 shall be provided outside and

565

PART–II]

LA GAZETTE DE L'ETAT

conveniently near to every blasting enclosure and such accommodation

shall be kept clean.Helmets, gauntlets and overalls when not in actual

use shall be kept in this accommodation.

8. Maintenance and cleaning of protective wear.— All helmets,

gauntlets, overalls and other protective devices or clothing's provided

and worn for the purposes of this schedule shall be kept in good

condition and so far as is reasonably practicable shall be cleansed 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. Medical facilities and record of examinations and tests.—

(1) The occupier of every factory to which the schedule applies shall,-

(a) appoint a qualified medical practitioner for frequent

examination of the employee employed therein whose

employment shall be subject to be approval of the Chief

Inspector-cum-Facilitator; and

(b) Provide to the said medical practitioner all the necessary

facilities for the purpose referred to in clause (a).

(2) The record of medical examination and appropriate tests

carried out by the said medical practitioner shall be maintained in a

separate register approved by the Chief Inspector-cum-Facilitator, which

shall be kept readily available for inspection by the Inspector-cum-

Facilitator.

11. Medical examination by the Medical Officer.— (1) Every

employee employed in any of the process to which this Schedule applied

shall be examined by a Medical Officer within 15 days of his first

employment. Such examination shall include pulmonary function test and

chest X-ray. No employee 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.

566

LA GAZETTE DE L'ETAT

[PART–II

(2) Every employee employed in the said processes shall be

re-examined by a Medical Officer at least once in every twelve calendar

months and such re-examination shall wherever the Medical Officer

considers appropriate include pulmonary function test and chest X- ray

once in every three years.

(3) The Medical Officer after examining an employee, shall issue

a certificate of fitness in Form-XXIV. The record of examination and

reexaminations carried out shall be entered in the certificate and the

certificate shall be kept in the custody of the occupier of the factory.

The record of each examination carried out under sub-paragraphs (1)

and (2) including the nature and the results of the tests, shall also be

entered by the Medical Officer in a health register in Form-XXV.

(4) The certificate of fitness and the health register shall be kept

readily available for inspection by the Inspector-cum-Facilitator.

(5) If, at any time the Medical Officer is of the opinion that an

employee is no longer fit for employment in the said processes on the

ground that continuance therein would involve special danger to the

employee, he shall make a record of his findings in the said certificate

and the health register. The entry of his findings in those documents

should also include the period for which he considers that the said

person is unfit for work in the said processes.

(6) No person who has been found unfit to work in the said

processes as said in sub-paragraph (5) above shall be reemployed or

permitted to work unless the Medical Officer after further examination

again certifies him fit for employment in those processes.

12. Restriction in employment and prohibition of employment of

pregnant women.— No pregnant women shall be employed or permitted

to work at blasting or assist 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.

13. Power to exempt or relax.— (1) If, the Chief Inspector-cum-

Facilitator is satisfied that in any factory or any class of factories, the

use sand or other substance containing free silica as an abrasive in

blasting is necessary for a particular manufacture or process (other

than the process incidental or supplemental to making of metal castings)

and that the manufacture or process cannot be carried on without the

567

PART–II]

LA GAZETTE DE L'ETAT

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 ban be relaxed without

endangering the health of the persons employed; or that application of

any such requirements is for any reason impracticable or inappropriate,

he may, with the previous sanction of the State Government by an order

in writing exempt the said factory or class of factories from such

provisions of this Schedule, to such an extent and subject to such

conditions and for such period as he may specify 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 a place

where the blasting is carried on.

SCHEDULE–B-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 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 and subsequently if, still employed

on the first day of each calendar year.

(3) Cautionary notices as to the effect of chrome on the skin

shall be affixed in prominent positions in every factory in which chrome

solutions are used and such notices shall be so placed as to be easily

and conveniently read by the persons employed.

(4) Notices shall be affixed in prominent places in the factory

stating the position of the “First-aid” box or cupboard and the name of

the person in-charge of such box or cupboard.

(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.

568

LA GAZETTE DE L'ETAT

[PART–II

2. Protective clothing.— The occupier shall provide and maintain

in good condition the following articles of protective clothing.

(a) Waterproof footwear, leg coverings, aprons and gloves for

persons employed in processes involving contact with chrome

solution including the preparation of such solutions;

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

employed in processes involving the handling of hide or skins, other

than in processes specified in clauses (a) and (b);

Provided that-

(i) the gloves, aprons, leg covering or boots, may be of rubber

or leather but the gloves and boots to the provided under sub-clauses

(a) and (b) shall be of rubber;

(ii) the gloves may not be provided to persons fleshing by hand

or employed in processes in which there is no risk of contact with lime,

sodium sulphide or other caustic liquor.

3. Washing facilities, mess-rooms and cloak room.— There shall

be provided and maintained in a clean state and in good repair for the

use of all persons employed-

(a) A trough with a smooth impervious surface fitted with a waste

pipe without plug and of sufficient length to allow at least 61 centimetres

for every ten 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 61 centimetres;

(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

constant supply of water together with, in either case, a sufficient supply

of nail brushes, soaps, other suitable cleansing materials and clean

towels;

on the premises during the meal intervals, which shall be furnished with

sufficient tables and benches and adequate means for warming food and

for boiling water.

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LA GAZETTE DE L'ETAT

The mess-rooms shall (1) be separate from any room or shed

in which hides or skins are stored, treated or manipulated (2) be

separated from the cloak-room and (3) be placed under the charge of

responsible persons.

(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 for protective clothing and

shall also make adequate arrangements for drying up the clothing in both

the cases, if wet. The accommodation so provided shall be kept clean at

all times and placed under the charge of responsible person.

4. Food, drinks, etc., prohibited in workroom.— No, food, drink,

pan and supari or tobacco shall be brought into or consumed by any

workroom or shed in which hides or skins are stored, treated or

manipulated.

5. Medical facilities and record of examinations and tests.—

(1) The occupier of every factory to which the Schedule applies, shall-

(a) appoint a qualified medical practitioner for frequent

medical examination of the employees employed therein

whose employment shall be subject to the approval of the

Chief Inspector-cum-Facilitator;

(b) provide to the said medical practitioner all the necessary

facilities for the purpose referred to in clause (a);

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 employees and

solely used for the purpose of keeping the ointment and

the plaster.

(2) The record of medical examinations and appropriate tests

carried out by the said medical practitioner shall be maintained in a

separate register approved by the Chief Inspector-cum-Facilitator, which

shall be kept readily available for inspection by the Inspector-cum-

Facilitator.

570

LA GAZETTE DE L'ETAT

[PART–II

6. Medical examination by the Medical Officer.— (1) Every

employee employed in any of the processes to which the schedule applies

shall be examined by a Medical Officer within 15 days of his first

employment. Such examination shall include skin test for dermatoses and

detection of anthrax bacillus from local lesion by gram stain. No

employee shall be allowed to work after 15 days of his first employment

in the factory unless certified fit for such employment by the Medical

Officer.

(2) Every employee employed in the said processes shall be

reexamined by a Medical Officer at least once in every twelve calendar

months. Such reexamination shall, wherever the Medical Officer

considers appropriate include tests as specified in sub-paragraph (1).

(3) The Medical Officer after examining an employee, shall issue

a certificate of fitness in Form-XXIV. The record of examination and

reexamination carried out shall be entered in the certificate and the

certificate shall be kept in the custody of the occupier of the factory.

The record of each examination carried out under sub-paragraphs (1)

and (2) including the nature and the results of the tests, shall also