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  • 2

    Goa Factories

    Rules, 1985.

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    INDEX Rule No. Description Page No.

    CHAPTER - I PRELIMINARY

    1. Short title, extent and commencement 1 2. Definitions 1 2A. Competent Person 1 3. Approval of Plans 7 4. Use of premises as factory 7 5. Certificate of Stability 8 6. Application for registration and grant of licence. 9 7. Grant of licence 11 8. Amendment of licence 11 9. Renewal of licence 12 9A. Revocation of licence 13 10. When licence deemed to be granted or renewed. 13 11. Procedure on death or disability of licensee 13 12. Loss of licence 13 13. Mode of payment of fees. 13 14. Suspension of licence on request of licence. 14 15. Notice of Occupation. 14 16. Notice of change of Manager. 14 16A. Guidelines, instructions and records. 14

    CHAPTER II THE INSPECTING STAFF

    17. Appointment of Inspectors. 15 18. Powers of Inspectors. 15 19. Duties of Certifying Surgeon. 15

    CHAPTER III HEALTH

    20. Cleanliness of walls and ceilings 18 21. Record of White-Washing etc. 19

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    22. Compound to be kept clean. 19 23. Disposal of trade wastes and effluents. 19 24. Ventilation and temperature. 20 25. When artificial humidification not allowed. 22 26. Provision of hygrometer. 23 27. Exemption from maintenance of hygrometers 23 28. Copy of Shedule to rule 25 to be affixed near every 23 hygrometer 29. Temperature to be recorded at each hygrometer 23 30. Specifications of hygrometer 24 31. Thermometers to be maintained in efficient-order 24 32. Inaccurate thermometer not to be used without fresh 24 certificate 33. Hygrometer not to be affixed to wall etc. Unless protected 25 by wood 34. No reading to be taken within 15 minutes of renewal of water 25 35. How to introduce steam for humidification 25 36. Lighting application and commencements 25 37. Lighting of interior parts 25 38. Prevention of glare 28 39. Power of Chief Inspector to exempt 28 40. Exemption from rule 37 28 41. Quantity of drinking water 29 42. Source of supply 29 43. Omitted 29 44. Cleanliness of walls of reservoir 29 45. Report from Health Officer 29 46. Water Centres 30 47. Latrine accommodations 31 48. Privacy of latrines 31 49. Sign-boards to be displayed 31 50. Urinal accommodation 31 51. Latrines and urinals to be confirm to public Health requirements 31 52. Certain latrines and Urinals to sewerage system 31 53. White-Washing, colour-washing of latrines and urinals 31

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    54. Construction and maintenance of drains 32 55. Water taps in latrines 32 56. Number of Sweepers 32 57. Number and location of Spittoons 32 58. Type of Spittoons 33 59. Cleaning of spittoons 33

    CHAPTER IV SAFETY

    60. Further safety precautions. 34 Schedule I Textile Machinery except Machinery used in 34 Jute Mills Schedule II Woodworking Machinery 42 Schedule III Rubber and Plastic Mills 44 Schedule IV Centrifugal Machines 45 Schedule V Shears and Guillotine Machines 46 Schedule VI Agitators and mixing Machines 46 Schedule VII Leather Plastic and Rubber Stripper Machines 47 Schedule VIII Guarding of projections 47 61. Register of spectially trained adult workers 47 62. Tight fitting clothing 47 63. Belts, etc. to be regularly examined 47 64. Employment of young persons on dangerous machines 48 65. Hoist examination 48 66. Exemption of certain hoists and lifts 48 67. Lifting machines, chains, ropes and lifting tackles 49 68. Pressure vessels or plant 50 69. Excessive weights 55 70. Protection of eyes 56 71. Minimum dimensions of man-holes 57 72. Exemptions 58 73. Fire 59 74. Safety Officers 68 75. Buildings and structures 71 76. Machinery and plant 71

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    77. Methods of work 71 78. Stacking and storing of materials, etc. 71 79. Ladders 71 80. Protection of workers attending to prime movers 71 81. Water-sealed gasholder 71 82. Use of polymerizing machines in the printing departments 72 of cotton textile mills 83. Shipbuilding and ship-repairing 73 - Access and staging 74 - Raising and lowering 81 - Precautions in use of electrical energy 88 - Miscellaneous safety provisions 89 - Protective wear 90 - Health and Welfare 91 - Training & supervision 92 84. Safety measure in factories where equipment of pipelines 92 containing inflammable Materials are operated 85. Safety measure in gas works 93 86. Fragile roofs-provision of crawling boards, etc 95 87. Special safety precautions for certain highly hazardous 95 chemical process 88. Reaction vessels and kettles 98 89. Examination of eye sight of certain workers 99 90. Safety committee (substituted) 99 90A. Site appraisal committee 101 90B. Health and Safety Policy 102 90C. Collection and development and dissemination 103 of information 90D. Disclosure of Information to workers 107 90E. Omitted 108 90F. Omitted 108 90G. Omitted 108 90H. Disclosure of information to the Chief Inspector 108 90I. Omitted 108 90J. Omitted 108 90K. Information on industrial wastes 108

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    90L. Review of the information furnished to workers etc. 108 90M. Confidentiality of information 108 90N. Medical Examination 109 90O. Occupational Health Centres 110 90P. Ambulance Van 112 90Q. Decontamination facilities 114 90R. Making available health records to workers 114 90S. Qualifications etc. of supervisors 115 90T. Issue of guidelines 115

    CHAPTER V WELFARE

    91. Washing facilities 116 92. Facilities for keeping clothing 117 93. First Aid appliances 117 94. Notice regarding first aid 120 95. Ambulance room 120 96. Canteens 122 97. Dining hall 123 98. Equipment 123 99. Prices to be charged 123 100. Accounts 124 101. Managing Committee 124 102. Annual Medical Examination 125 103. Shelters, rest rooms and lunch rooms 125 104. Creches 126 105. Wash-room 127 106. Supply of milk and refreshment 127 107. Creche Staff 127 108. Qualifications of woman in-charge 127 109. Exemption from the provision of crche 128 110. Welfare Officers 128

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    CHAPTER VI WORKING HOURS OF ADULTS

    111. Compensatory holidays 131 112. Factories exempted under sec.58 131 113. Muster roll for exempted factories 132 114. Overtime slips 132 115. Double employment of workers 132 116. Notice of period of work for adults 132 117. Register of adult workers 132 118. Persons defined to hold positions of supervision or 133 management or employed in confidential position. 119. List of persons defined in rule 118 and overtime Master 134 Roll Slips 120. Exemption of certain adult workers 134

    CHAPTER VII EMPLOYMENT OF YOUNG PERSONS

    121. Notice of periods of works for children 155 122. Register for child workers 155

    CHAPTER VIII ANNUAL LEAVE WITH WAGES

    123. Register of leave with wages 156 124. Leave book 156 125. Medical Certificate 156 126. Notice to Inspector of involuntary unemployment 156 127. Notice by worker 156 128. Notice of leave with wages 157 129. Payment of wages if the worker dies 157 130. Register to be maintained in case of exemption 157 under section 84

    CHAPTER IX SPECIAL PROVISIONS

    131. Dangerous manufacturing Processes or operations 158

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    Schedule I Manufacture of aerated water and processes 159 incidental thereto. Schedule II Electrolytic Plating or oxidation of metal articles 160 by use of an electrolyte containing chromic acid or other chromium compounds. Schedule III Manufacture and repair of electric accumulators 162 Schedule IV Glass manufacture 166 Schedule V Grinding or glazing of metals 169 Schedule VI - Manufacture and treatment of lead and 170 certain compounds of lead Schedule VII Generating petrol gas from petrol 172 Schedule VIII Cleaning or smoothing, roughening, etc. 174 or articles by a jet of sand, Metal shot or grit or other abrasive propelled by a blast of compressed air or steam. Schedule IX Liming and tanning of raw hided and skins 177 and processes incidental thereto Schedule X Certain lead process carried on in printing 179 presses and type foundries. Schedule XI Manufacture of pottery 181 Schedule XII Chemical works 185 Schedule XIII Manufacture of articles from referactory 201 materials. Schedule XIV Handling and processing of asbestos, 204 manufacture of any article of asbestos and any other process of manufacture or otherwise in which asbestos is used in any form. Schedule XV Handling or manipulation of corrosive 209 substances Schedule XVI Processing of cashewnuts 212 Schedule XVII Compression of oxygen & hydrogen produced by 213 the electrolysis of water or by steam iron process Schedule XVIII Process of extracting oils and fats from vegetable

    215 and animal sources in solvent extraction plants. Schedule XIX Manufacture or manipulation of manganese and 217 its compounds. Schedule XX Manufacture or manipulation of dangerous 221 pesticides. Schedule XXI Manufacture, handling and usage of benzene and 226

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    substances containing benzene. Schedule XXII Manufacturing process or operations in carbon 230 disulphide plants. Schedule XXIII Manufacture or manipulation of carcinogenic 234 dye intermediates. Schedule XXIV Operations involving high noise levels 239 Schedule XXV Manufacture of Rayon by viscose process 242 Schedule XXVI Handling & Processing of highly flammable 247 liquids and flammable liquids and flammable compressed gasses. Schedule XXVII Operations in Foundries 249 Schedule XXVIII Fire works manufactories and match factories 256 132. Notification of accidents and dangerous occurrences 260 133. Notice of poisoning or disease 262

    CHAPTER X SUPPLEMENTAL

    134. Procedure in appeals 263 135. Display of notice 263 136. Returns 264 137. Service of notices 264 138. Permissible levels of certain chemical substances in 264 work environment. 139. Information required by the inspector 271 140. Muster-roll 271 141. Register of accidents dangerous occurrences 271 142. Maintenance of inspection book 271 143. Information regarding closure of factories 272 144. Repeal and saving 273

    FORMS PRESCRIBED UNDER VARIOUS RULES 01 Form of application for grant of certificate of 274 competency to a person 02 Form of application for grant of certificate of competency 276 to an Institution 03 Form of certificate of competency issued to a person or 277 an institution

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    1 Application for permission to construct, extend or take into 278 use any building as a factory 2 Application for registration and grant or amendment of 280 licence and notice of occupation 3 Application for renewal of licence 282 4 Licence to work a factory 283 5 Notice of change of Manager 286 6 Certificate of Fitness for young person 287 7 Health Register 288 8 Record of limewashing, Painting 289 9 Humidity Register 290 10 Register of workers specially trained for work on or near 291 machinery in motion 11 Report of examination of hoists and lifts 292 12 Report of examination of the lifting machines, ropes and 293 lifting tackles 13 Report of Examination or Test of Pressure vessel or plant 294 14 Register of Examination of Gasholder 296 15 Report of Examination of water sealed gasholder 297 15A Format of application to the site appraisal committee 299 16 Record of eye examination for drivers, signals of cranes 302 locomotives etc. 17 Register of compensatory holidays 303 18 Overtime Muster Roll for exempted workers 304 19 Notice of periods of works for adult workers 305 20 Register of Adult workers 306 21 Notice of periods of work for child workers 307 22 Register of child workers 308 23 Register of leave with wages 309 24 Leave book 311 25 Nomination for payment of wages due for period of leave 313 with wages in the event of death of worker 26 Certificate of Fitness for employment in hazardous 314 processes/dangerous operations 27 Health Register 315 28 Report of Examination and Test of dust Extraction or 316 Suppression System.

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    29 Certificate of Fitness for employment in hazardous process 317 and operations. 30 Report of Accident including dangerous occurrence resulting 318 in death or bodily injury. 31 Report of dangerous occurrence which does not result in 322 bodily injury. 32 Notice of poisoning or Diseases 324 33 Abstract of the Factories Act, 1948 and the Goa Daman and 326 Diu Factories Rules, 1985 34 Annual Return 339 35 Half yearly return 358 36 Muster Roll 361 37 Register of accidents and dangerous occurrences 363 38 Inspection Book 364

    GOA CONTROL OF INDUSTRIAL MAJOR ACCIDENT HAZARD RULES (as amended)

    I N D E X Rule No Description Page No

    1 Short title & commencement 3722 Definition 3723 Collection, Development & Dissemination of information 372

    3A Duties of Inspector 3734 General Responsibility of the Occupier 3735 Notification of major accidents 3746 Industrial activities or isolated storages to which rules 7 to

    15 apply 374

    7 Notification of site 3748 Updating of the site notification 3759 Transitional provision omitted 37510 Safety reports and safety audit reports 37511 Updating of reports under rule 10 37512 Requirements for further information to be sent to the 375

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    Inspector and the Chief Inspector 13 Preparation of on-site emergency plan by the occupier 37614 Preparation of off-site emergency plans omitted 37615 Information to be given to persons liable to be affected by

    major accidents 376

    16 Disclosure of information 37617 Improvement notice omitted 37618 Power of the State Govt. to modify the schedule 376 SCHEDULE 1 377 2 388 3 385 4 393 5 Form of material Safety Data Sheet 394 6 Information to be furnished regarding Notification of a

    major accident 398

    7 Information to be furnished for the notification of site 400 8 Information to be furnished in a safety report 401 8A Details to be furnished in the On-site emergency plan 403

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    CHAPTER I PRELIMINARY

    1. Short title, extent and commencement (1) These rules may be called the Goa Factories Rules, 1985. (2) They extend to the whole of the State of Goa. (3) They shall come into force at once.

    2. Definitions In these rules, unless the context otherwise requires, - (a) Act means the Factories Act, 1948 (Central Act 63 of 1948) (b) Appendix means an appendix appended to these rules; (c) Artificial humidification means the introduction of moisture into the air of a

    room by any artificial means whatsoever except the unavoidable escape of steam or water vapour into the atmosphere directly due to a manufacturing process:

    Provided that the introduction of air directly from outside through moistened mats or screens placed in openings at times when the temperature of the room is 80 degrees or more, shall not be deemed to be artificial humidification.

    (d) Belt includes any driving strap or rope; (e) Degrees (or temperature) means degrees on the Fahrenheit scale; (f) District Magistrate includes such other official as may be appointed by the

    Government in that behalf; (g) Form means a Form appended to these rules; (h) Fume includes gas or vapour; (i) Government means the Government of Goa; (j) Health Officer means the Municipal Health Officer or Health Officer under the

    Directorate of Health Services or such other officials as maybe appointed by the Government in that behalf;

    (k) Hygrometer means an accurate wet and dry bulb hygrometer conforming to the prescribed conditions as regards construction and maintenance;

    (l) Maintained means maintained in an efficient state, in efficient working order and in good repair;

    (m) Manager means the person responsible to the occupier for the working of the factory for the purposes of the Act;

    (n) Section means a section of the Act. Rule prescribed under section 2(2) (ca) and Section 112

    2A- Competent Person.- (1) The Chief Inspector may recognize any person as competent person within such area and for such period as may be specified for the purposes of carrying out test, examinations, inspections and certification for such

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    buildings, dangerous machinery, hoists and lifts, lifting machine and lifting tackles, pressure plant, confined space, ventilation system and such other process or plant and equipment as stipulated in the Act and the rules made thereunder, located in a factory, if such person possesses the qualifications, experience and other requirements as set out in the schedule annexed to this rule :

    Provided that the Chief Inspector may relax the requirements of qualifications in respect of a competent person if such a person is exceptionally experienced and knowledgeable, but not the requirements in respect of the facilities at his command:

    Provided further that where it is proposed to recognize a person employed under the Chief Inspector as a competent person, concurrence of the State Government shall be taken and such a person, after being so recognized shall not have powers of an Inspector

    Provided further that the competent person recognized under this provision shall not be above the age of 62 and shall be physically fit for the purpose of carrying out the test examination and inspection

    (2) The Chief Inspector may recognize an institution of repute, having persons possessing qualification and experience as set out in the Schedule annexed for the purposes of carrying out tests, examination, inspections and certification for buildings, dangerous machinery, hoists and lifts, lifting machines and lifting tackles, pressure plant, confined space, ventilation system as stipulated in the Act and the rules made thereunder, as a competent person within such area and for such period as may be specified. (3) The Chief Inspector on receipt of an application in Form 0.1 or 0.2 from a person or an institution intending to be recognized as a competent person, for the purposes of this Act and the rules made thereunder, shall register such application and within a period of sixty days of the date of receipt of application, either after having satisfied himself as regards competence and facilities available at the disposal of the applicant, recognize the applicant as a competent person and issue a certificate of competency in the Form 0.3 or reject the application specifying the reasons thereof. (4) The Chief Inspector may, after giving an opportunity to the competent person of being heard, revoke the certificate of competency;

    (i) if he has reason to believe that a competent person :- (a) has violated any condition stipulated in the certificate of competency; or (b) has unauthorizedly carried out a test, examination and inspection or has

    acted in a manner inconsistent with the intent or the purpose of the Act or the rules made thereunder, or has omitted to act as required under the Act or the rules made thereunder; or

    (ii) for any other reason to be recorded in writing; Explanation: For the purpose of this rule, an institution includes an organization. (5) The Chief Inspector may, for reasons to be recorded in writing, require recertification of lifting machines, lifting tackles, pressure plant or ventilation system, as the case may be, which has been certified by a competent person outside the State.

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    SCHEDULE Sr. No.

    Section or Rules under which competency

    is recognised

    Qualification required Experience for the purpose Facilities at his command

    1 2 3 4 5 1. Rules made under section 6

    and section 112 Certificate of Stability for buildings.

    Degree in Civil or Structural Engineering, or equivalent.

    (i) A minimum of 10 years experience in the design or construction or testing or repairs of structures;

    (ii) Knowledge of non-destructive testing, various codes of practices that are current and the effect of the 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 or the building.

    2. Rules made under section 21(2) Dangerous Machines

    Diploma in Industrial Safety from the Board of Technical Education of any Government after obtaining Degree/Diploma in Electrical or Mechanical or Textile Engineering or equivalent

    (i) A minimum of 7 years experience in - a) the design or operation or maintenance; or b) the testing, examination and inspection of relevant

    machinery, their guards, safety devices and appliances.

    (ii) He shall - a) be conversant with the safety devices and their

    proper functioning; b) be able to identify defects and any other cause

    leading to the failure; and c) have ability to arrive at a reliable conclusion with

    regard to the proper functioning of the safety device and appliance and the machine guard.

    Gauges for measurement; Instrument for measurement of speed and any other equipment or device to determine the safety in he use of the dangerous machines.

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    1 2 3 4 5 3. Section 28 - Lifts and Hoists Diploma in Industrial

    Safety from the Board of Technical Education of any Government after obtaining Degree/Diploma in Electrical and/or Mechanical or Textile Engineering or equivalent

    (i) A minimum experience of 7 years in a) design or erection or maintenance; or b) inspection and test procedures of lifts and hoists.

    (ii) He shall be- 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 ;able to identify the defects and arrive at a reliable conclusion with regard to the safety of the Hoists and Lifts.

    Facilities for load testing tensile testing, gauges, equipments/gadgets for measurement and any other equipment required for determining the safe working conditions of the Hoists and Lifts.

    4. Section 29-Lifting Machinery and Lifting Tackles.

    Diploma in Industrial Safety from the Board of Technical Education of any Government after obtaining Degree/Diploma in Mechanical or Electrical, metallurgical Engineering or its equivalent

    (i) A minimum experience of 7 years in a) design or erection or maintenance; or b) testing, examination and inspection of lifting

    machinery, chains, ropes and lifting 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 of construction;

    c) conversant with heat treatment/stress relieving techniques as applicable to stress bearing components 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 the lifting machinery, chains, ropes and lifting tackles.

    Facilities for load testing heat treatment, equipment/ gadget for measurement, gauges and such other equipment to determine the safe working conditions of the lifting machinery, tackles

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    1 2 3 4 5

    5. Section 31- Pressure plant Diploma in Industrial Safety from the Board of Technical Education of any Government after obtaining Degree/Diploma in chemical or Electrical or Metallurgical or Mechanical Engineering or its equivalent

    (i) A minimum experience of 10 years in a) design or erection or maintenance; or b) testing, examination and inspection of pressure

    plants. (ii) 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;

    c) conversant with the non-destructive testing techniques as are applicable to pressure vessels;

    d) able to identify the defects and arrive at a reliable conclusion with regard to the safety of the pressure plant.

    Facilities for carrying out hydraulic test, non-destructive test, gauges, equipment/gadgets for measurement and any other equipment or gauges to determine the safety in the use of pressure vessels.

    6. (i) Section 36 Precautions against dangerous fumes

    (ii) Rules made under Sections 41 and 112 concerning shipbuilding and ship repairs

    Diploma in Industrial Safety from the Board of technical education of any Government after obtaining Degree/Diploma in Chemical Engineering or Masters Degree in chemistry.

    (i) A minimum experience of 7 years in collection and analysis of environmental samples and calibration of monitoring equipment;

    (ii) He shall be -. a) Be conversant with the hazardous properties of

    chemicals and their permissible limit. b) Be conversant with the current techniques of

    sampling and analysis of the environmental contaminants and

    Meters, instruments and devices duly calibrated and certified for carrying out the tests and certification of safety in working in confined spaces.

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    1 2 3 4 5

    c) Be able to arrive at a reliable conclusion as regards the safety in respect of entering and carrying out hot work

    7. Ventilation Systems as required under various schedules framed under section 87, such as Schedules on (i) Grinding or glazing of

    metals and processes incidental thereto

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

    (iii) Handling and processing of Asbestos.

    (iv) Manufacture of Rayon by Siscose process.

    (v) Foundry Operations.

    Diploma in Industrial Safety from the Board of technical Education of any Government after obtaining Degree/Diploma in Mechanical or Electrical Engineering or its equivalent.

    (i) A minimum of 7 years in the design, fabrication, installation, testing of ventilation system and systems used for extraction and collection of dusts, fumes and vapours and other ancillary equipment,

    (ii) He shall be conversant with relevant codes of practice and tests, procedures that are current in respect of ventilation and extraction system for fumes, and shall be able to arrive at a reliable conclusion with regard to effectiveness of the system.

    Facilities for testing the ventilation system, instruments and gauges for testing the effectiveness of the extraction systems for dusts, vapors and fumes, and any other equipment needed for determining the efficiency and adequacy of these systems, He shall have the assistance of a suitable qualified technical person who can come to a reasonable conclusion as to the adequacy of the system.

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    3. Approval of plans. (1) No site shall be used for the location of a factory or no building in a factory shall be constructed, re-constructed, extended or taken into use as a factory or part of a factory or any other extension of plant or machinery shall be carried out in a factory unless previous permission in writing is obtained from the Chief Inspector of Factories. Application for such permission shall be made in Form 1 which shall be accompanied by the following documents:-

    (a) A flow chart of the manufacturing process supplemented by a brief description of the process in its various stages;

    (b) Plans in duplicate drawn to scale showing:- (i) the site of the factory and immediate surroundings including adjacent

    buildings and other structures, roads, drains, etc. (ii) the plan, elevation and necessary cross-sections of the various buildings,

    indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the position of the plant and machinery, aisles and passage ways; and

    (c) Such other particulars as the Chief Inspector may require: Provided that the provisions of the above sub-rule (1) shall also apply to

    (a) any factory which was either in existence on the date of commencement of the Act or which has not been constructed or extended since then.

    (b) Where any inflammable solvent for the extraction of oil from oil-cakes, oil-seeds or any other material is to be or intended to be used, handled or treated in any manner in any process which may be conducted in any factory, application for such permission shall also be accompanied by a no objection certificate in respect of the site of the factory from the local authority concerned and from an officer not below the rank of Town Planner in Directorate of Town Planning in charge of the area appointed by the Government in this behalf.

    (2) If the Chief Inspector is satisfied that the plans are in consonance with the requirements of the Act, he shall, subject to such conditions as he may specify, approve them by signing and returning to the applicant one copy of each plan or he may call for such other particulars as he may require to enable such approval to be given: Provided that no such approval shall be given in respect of the site of any factory referred to in the proviso to sub-rule (1) unless the Chief Inspector of Factories and the District Magistrate concerned have personally visited the site of the factory and have approved the same, and in case of any difference of opinion among the authorities regarding the location of the plant, the matter shall be referred to the Government for decision: Provided further that no place shall be disapproved unless the applicant is given an opportunity to be heard and the Chief Inspector or as the case may be, the Government has recorded its reasons in that behalf. 4. Use of premises as factory - No occupier shall use any premises as a factory unless:

    (i) The plans are got approved from the Chief Inspector of Factories in respect of the following

    Items, namely:-

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    (a) site on which the factory is to be situated (b) building and extension used for the purposes of manufacturing process. (c) the layout of plant and machinery (d) any changes, total or partial, in the manufacturing process (es);

    (iii) the factory building, extensions, processes and machinery layout are in conformity with the approved plans;

    (iv) the conditions subject to which plans are approved, are complied with; (v) a licence is obtained under rule 7 from the Chief Inspector of Factories or

    renewed under rule 9, and the said licence is valid at the relevant time. Explanation: For the purpose of this clause a licence shall be deemed to be valid only if-

    (a) the fees, including additional fees, if necessary are paid, (b) the employment of workers for which licence is granted is not exceeded. (c) the limit of the installed power for which licence is granted is not exceeded.

    5. Certificate of Stability No manufacturing process shall be carried on in any building of a factory 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, signed by a competent person, in respect of that building in the form given below has been sent by the occupier or manager of the factory to the Chief Inspector, and accepted by him, provided that no manufacturing process (es) shall be carried out in any premises of the factory unless a fresh Certificate of Stability as specified in the form, is obtained from a competent person and submitted to the Chief Inspector of Factories, once in a period of five years or after any extension or alteration, repair or addition of any work of engineering construction or replacement or addition of machinery, plant etc.

    Form of Certificate of stability

    1. Name of the factory 2. Village, town and district in which the factory is situated 3. Full postal address of the factory 4. Name of the occupier of the factory 5. Nature of manufacturing process to be carried on in the factory 6. Number of floors on which workers will be employed 7. Nature and amount of moving power I certify that I have personally inspected the building/buildings the plans of which have been approved by the Chief Inspector in his letter No. .. dated . And examined the various parts including the foundations with special reference to the machinery, plant, etc.,

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    that have been installed. I am of the opinion that the building/buildings which has/have been constructed/reconstructed/extended/taken into use is/are in accordance with the plans approved by the Chief Inspector in his letter mentioned above, that it/they is/are structurally sound and that its/their stability will not be endangered by its/their use as a factory/part of a factory for the manufacture of for which the machinery, plant, etc. installed are intended. Signature Signature of the Occupier Date Name in block letters ............ . Qualification ......................... Address ................................. Date ....................................... If employed by a company or association, name and address of the company or association ......................... NOTE: The person giving the certificate must be

    (a) A corporate Member of the Institution of Civil Engineers, or (b) A corporate Member of the Institution of structural Engineers, or (c) A Fellow, Associate or Licentiate of the Royal Institute of British Architects, or (d) Be a graduate of Civil Engineers and also be a corporate member of the Institute

    of Engineers (India) Provided that no person, except in the case of building occupied or erected by any Government where a certificate may be granted by an officer not below the rank of an Executive Engineers, shall be authorized to sign the certificate of stability if he is in the full time employment of the owner or the builder of the building concerned. Explanation: Work of engineering construction means any building, tank, silo, scaffold, platform, chimney, bridge supporting structural work, retaining wall, or any other similar structure. 6. Application for registration and grant of licence - (1) The occupier and manager of every factory coming within the scope of the Act, after its commencement shall apply to the Chief Inspector of Factories for registration and grant of licence in Form 2; (1A) The occupier or manager of a place to which the provisions of the Act are made applicable by a notification under section 85 of the Act, shall submit an application within 30 days of the date of that notification. (2) Every such application shall be accompanied by a treasury receipt or an invoice for book adjustment, as the case may be, for payment of the fees prescribed for the purpose as

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    specified in the Schedule below:-

    SCHEDULE SPECIFIED UNDER SUB RULE 2 OF RULES 6

    SCALE OF FEES PAYABLE FOR LICENCE AND ANNUAL RENEWAL OF LICENCE

    BY FACTORIES

    Quantity of

    H. P. Installed (Maximum H.P.)

    MAXIMUM NUMBER OF PERSONS TO BE EMPLOYED ON ANY DAY DURING THE YEAR

    Upto 9

    From 10

    to 20

    From 21

    to 50

    From 51 to 150

    From 151 to

    250

    From 251 to

    500

    From 501 to 1000

    From

    1001 to 2500

    From 2501

    to 4000

    4001 and

    Above

    Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.

    Nil

    -

    188

    375

    1500

    2250

    4500

    9000

    18000

    27000

    36000

    Upto 10

    300

    600

    1125

    3000

    4500

    6750

    13500

    27000

    36000

    45000

    Above 10 but not above 50

    450

    1050

    1875

    4500

    6750

    9000

    18000

    33750

    41250

    49500

    Above 50 but not above 100

    1200

    1875

    2625

    6750

    9000

    13500

    22500

    40500

    45000

    54000

    Above 100 but not above 500

    2700

    3750

    5250

    13500

    18000

    22500

    33750

    45000

    54000

    63000

    Above 500 but not above 1000

    5250

    6000

    11250

    18000

    24750

    29250

    45000

    54000

    63000

    72000

    Above 1000 but not above 2000

    7500

    10500

    14250

    24750

    29250

    36000

    49500

    63000

    72000

    81000

    Above 2000

    10500

    14250

    24750

    29250

    36000

    49500

    63000

    72000

    81000

    90000

    Provided that (i) fees to be charged for the following classes of factories shall, subject to a minimum of

    rupees five, be half of those specified above, if they do not work for more than 180 days in the aggregate in a calendar year:-

    (a) Gur Factories,

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    (b) Cashew nut Factories, (c) Rice Mills

    (ii) in the case of other factories working for a part of the year and commencing work on or after 1st day of July, the fees to be charged for the first time shall, subject to a minimum of rupees five, be half of those specified in the Schedule aforesaid.

    7. Grant of licence The Chief Inspector may, on application being made to him under sub-rule (1) of rule 6 and on payment of the fees prescribed in sub-rule (2) of that rule and on being satisfied that there is no objection to the grant of licence applied for, register the factory and grant a licence in Form 4 to the applicant to use as factory such premises as are specified in the application and subject to compliance with such conditions as are specified in the licence: Provided that, subject to the provisions of sub-section (3) of Section 6, the Chief Inspector may refuse to register the factory and grant a licence if he is satisfied

    (i) that an application is not accompanied by plans (a) of the site on which the factory is to be situated; and (b) for the construction or extension of the factory;

    (ii) that the plans so submitted have not been approved by the Chief Inspector; (iii) that the factory has not been constructed in accordance with the plans approved by the

    Chief Inspector or in compliance with the conditions subject to which the plans are approved;

    (iv) that material requirements of the relevant provisions specified in the Schedules to rule 131 in relation to the factory concerned have not been complied with; or

    (v) that there is imminent danger to life in the factory due to explosive or inflammable dust, gas or fumes, and effective measures in his opinion have not been taken to remove the danger.

    (2) Subject to the provisions hereinafter contained with respect to suspension and unless earlier renewed under rule 9, every such licence shall remain in force until the 31st day of December of the year for which the licence is granted, or renewed under rule 9.

    8. Amendment of licence (1) A licence under rule 7 may be amended by the Chief Inspector. (2) A licence shall be required to have his licence amended if there is change in the name of the factory or in the site on which the factory is situated or if the factory, for which the licence is granted, exceeds the limits specified in the licence in regard to horse-power or the number of persons employed. The licensee whose licence is required to be amended shall submit it to the Chief Inspector with an application stating the nature of the amendment and reasons thereof; along with the Form 2 duly filled in and signed. Provided that no amendment of the licence shall be necessary in respect of changes in the number of workers or horse-power or both unless such changes involve higher licence or renewal fee. (3) Where a licence is required to be amended under sub-rule (2) the fee to be paid for such amendment shall be equal the difference between the licence or renewal fees due on the

  • - 12

    basis of the higher number of workers and horse power and the fees for the grant of licence or renewal thereof already paid for the year or part thereof. 9. Renewal of licence - (1) An application for the renewal of licence ( for a period not exceeding five years) shall be made to the Chief Inspector in Form 3 accompanied by a treasury receipt or an invoice for book adjustment as the case may be for payment of the fees specified in the Schedule attached to rule 6 so as to reach him not later than two months before the date on which the license is due to expire: Provided that, where a factory commences work on or after the 1st day of November in any year application for renewal of licence shall be made on or before the 1st day of January next following.

    (2) (a) On receipt of the application under sub-rule(1), the Chief Inspector may, if he is satisfied that there is no objection to the renewal of the licence renew the same for a period not exceeding five years or may, after recording his reasons, refuse the renewal thereof on any of the grounds specified in the proviso to rule 7.

    (b) The Chief Inspector may also refuse the renewal of the licence on the ground that the applicant has been guilty of repeated contraventions of the provisions of the Act or these rules or both or the applicant has obtained the licence by fraud or by misrepresentation.

    Provided that in any case falling under clause (a) or (b) before refusing any licence the applicant shall be given an opportunity to show cause why the licence should not be refused: Provided further that if the period for which the renewal of licence is applied is one year or more but does not exceed five years, the fees payable under this sub-rule therefore per year, shall be at the rate specified in the Schedule attached to rule 6: Provided also that where the application for the renewal of the licence is made after the expiry of the due date specified in this sub-rule, the additional graded fees at the percentage of the fees payable for the renewal of the licence specified in column (2) of the Schedule hereto shall be payable for such renewal of the licence for the period of delay specified in column (1) of the Schedule.

    SCHEDULE

    Period of delay Percentage of fees (1) (2)

    Upto one month 5 percent

    Upto two months 10 percent

    Upto three months 15 percent

    Upto four months 20 percent

    Upto five months and above 25 percent

    9A. Revocation of licence:- The Chief Inspector may, at any time before the expiry of the

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    period for which the licence has been granted or renewed, revoke the licence on any of the grounds specified in the proviso to rule 7 or clause (b) of sub-rule (2) of rule 9. 10. When licence deemed to be granted or renewed Where application for the grant or for renewal of licence is duly made in accordance with these rules, the factory in respect of which the licence is to be granted or renewed, as the case may be, shall be deemed to be duly licensed until such licence is granted or renewed or until an intimation that the grant or renewal of the licence has been refused is communicated to such person. Explanation:- For the purpose of this rule, an application for the grant or renewal of a licence shall be deemed to have been duly made only if it is in the prescribed form and is filled in with all relevant particulars and further is accompanied by a treasury receipt or an invoice for book adjustment, as the case may be, for payment of the fees in accordance with the Schedule annexed to rule 6. 11. Procedure on death or disability of licensee (1) If a licensee dies or becomes insolvent, the person carrying on the business of such licensee shall not be liable to 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 under rule 8 in his own name for the unexpired portion of the original licence. (2) Transfer of licence (i) 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.

    (ii) Such application shall be made to the Chief Inspector who shall, if he approves of the transfer, enter upon the licence, under his signature, an endorsement to the effect that the licence has been transferred to the person named.

    (iii) A fee of fifty rupees shall be charged on each such application.

    12. Loss of licence (1) Where a licence granted under theses rules is lost or misplaced, a duplicate thereof may be granted on payment of a fee or rupees twenty five and after submitting an affidavit by the occupier stating that the original licence in Form 4 is lost or misplaced. (2) The Chief Inspector may require a licenses to obtain a duplicate on payment of rupees twenty five, if the original licence is defaced or spoiled. Provided that, the Chief Inspector may issue a duplicate licence without charge if he is satisfied that there are good and sufficient reasons for doing so. 13. Mode of payment of fees. (1) Every application under these rules shall be accompanied by a treasury receipt showing that the appropriate amount of fee has been paid into the local treasury under the head of account 0230 Labour and Employment, 104-Fees realised under Factories Act, 1948.

    Provided that, in the case of a Government factory, the payment of the appropriate amount of fees shall be made in the same manner as payments of amounts due by one Government Department to another are ordinarily made. (2) If an application for the grant, renewal or amendment of a licence is rejected, the fee

  • - 14

    paid shall be refunded to the applicant. (3) Where such application is granted, any amount paid by the applicant in excess of the prescribed fee shall be refundable only after the expiry of one year from the date of such grant or the same may be adjusted against payment of any fees due for the next succeeding year.

    14. Suspension of licence on request of licensee - (1) If before the 31st October of any year an occupier notifies his intention in writing to the Chief Inspector that during the following year the premises in respect of which licence is issued will not be used for the working of the factory, the Chief Inspector may suspend the licence granted in respect of such factory. (2) A licence suspended under sub-rule (1) may be revived on receipt of an application for renewal in Form 3 accompanied by the licence, for the remaining part of the year, on payment of a surcharge of 10 per cent in addition to the fees specified in these rules. Form prescribed under sub-section (1) of section 7.

    15. Notice of occupation The notice of occupation shall be in Form 2.

    16. Notice of change of manager Notice of change of manager, shall be in Form 5. 16A. Guidelines, instruction and records.- (1) Without prejudice to the general responsibility of the occupier to comply with the provisions of section 7(A), the Chief Inspector may, from time to time, issue guidelines and instructions regarding the general duties of the occupier relating to health, safety and welfare of all workers while they are at work in the factory. (2) The occupier shall maintain such records, as may be prescribed by the Chief Inspector, in respect of monitoring of working environment in the factory.

  • - 15

    CHAPTER II THE INSPECTING STAFF

    Rule prescribed under sub-section (I) of Section 8: 17. Appointment of Inspectors No person shall be appointed as Inspector for the purposes of the Act, unless he possesses the qualifications as prescribed for such Inspectors by any general or special order of the Government at the time of his appointment. Rules prescribed under Section 9:

    18. Powers of Inspectors An Inspector shall, for the purpose of the execution of the Act, have power to do all or any of the following things, that is to say:-

    (a) to photograph any worker, to inspect, examine, measure, copy, photograph, sketch or test, as the case may be, any building or room, any plant, machinery, appliance or apparatus; any register or document or anything provided for the purpose of securing the health, safety or welfare of the workers employed in a factory;

    (b) in the case of an Inspector who is a duly qualified medical practitioner to carry out such medical examinations as may be necessary for the purposes of his duties under the Act;

    (c) to prosecute, conduct or defend before a Court any complaint, or other proceeding arising under the Act or in discharge of his duties as an Inspector:

    Provided that the powers of the Additional Inspectors shall, unless otherwise expressly provided in the notification under sub-section (5) of Section 8, be limited to the inspection of factories in respect of the following matters, namely:-

    Cleanliness (Section 11), over-crowding (Section 16), lighting (Section 17), drinking water (Section 18), latrines and urinals (Section 19), spittoons (Section 20), precautions in the case of fire (Section 38), welfare (Chapter V), working hours of adults (Chapter VI-except the power of exemption under the proviso to section 62), employment of young persons (Chapter VII), leave with wages (Chapter VIII) and display of notice (Section 108):

    Provided further that all Additional Inspectors shall report the defects found and remedies suggested for enforcing compliance with requirements of sections referred to above, to the Chief Inspector who shall pass final orders in each case.

    Rule prescribed under sub-section (4) of Section 10:

    19. Duties of Certifying Surgeon (1) For the purposes of the examination and certification of young persons who wish to obtain certificates of fitness, the Certifying Surgeon shall arrange a suitable time and place for the attendance of such persons, and shall give previous notice in writing of such arrangements to the manager of factories situated within the local limits assigned to him.

  • - 16

    (2) The Certifying Surgeon shall issue his certificates in Form 6. The foil and counterfoil shall be filled in and the signature or the left thumb impression of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and of the fitness of the person examined, he shall sign the foil and initial the counterfoil and shall deliver the foil to the person in whose name the certificate is granted. The foil so delivered shall be the certificate of fitness granted under section 69. all counterfoils shall be kept by the Certifying Surgeon for a period of at least 2 years after the issue of the certificate. (3) If a certificate of fitness issued to a young person is lost, on receipt of an application for the grant of a duplicate, the Certifying Surgeon, after making such enquiries as he deems fit, may grant a duplicate thereof. Such application shall be forwarded through the occupier of the factory where the young person is employed.

    (4) (a) A fee of rupees ten shall be payable for the issue of every certificate of fitness issued under sub-rule (2) and shall be paid by the occupier;

    (b) A fee of rupees five shall be payable for the issue of every duplicate of a certificate issued under sub-rule (2) and shall be paid by the occupier.

    (5) The Certifying Surgeon shall, upon request by the Chief Inspector, carry out such examination and furnish him with such report as he may indicate, for any factory or class or description of factories where

    (a) cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried out on or other conditions of work prevailing therein; or

    (b) by reasons of any change in the manufacturing process carried on, or in the substances used therein, or by reasons of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process, there is a likelihood of injury to the health of workers employed in that manufacturing process; or

    (c) young persons are, or are about to be, employed in any work which is likely to cause injury to their health.

    (d) The Chief Inspector of Factories has reasons to believe that the workers shall be subjected to pre-employment medical check up at the time of joining the organization and periodical medical examination every five years upto the age of 45 years and thereafter every three years.

    (6) For the purpose of the examination of persons employed in processes covered by the rules relating to dangerous operations, the Certifying Surgeon shall visit the factories within the local limits assigned to him at such intervals as are prescribed by the rules relating to such dangerous operations. (7) At such visits the Certifying Surgeon shall examine the persons employed in such processes and shall record the results of his examination in a register known as the health register (Form 7) which shall be kept by the factory manager and produced to the Certifying Surgeon at each visit. (8) If the Certifying Surgeon finds as a result of his examination that any person employed in such process is no longer fit for medical reasons to work in that process, he shall suspend such person from working in that process for such time as he may think fit and no

  • - 17

    person after suspension shall be employed in that process without the written sanction of the Certifying Surgeon in the health register. (9) The manager of a factory shall afford to the Certifying Surgeon facilities to inspect any process in which any person employed or is likely to be employed. (10) The manager of a factory shall provide for the purpose of any medical examination which the Certifying Surgeon wishes to conduct at the factory (for his exclusive use on the occasion of an examination) a room which shall be properly cleaned and adequately ventilated and lighted and furnished with a screen, a table (with writing materials) and chairs.

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    CHAPTER III HEALTH

    Exemptions under sub-section (2) of Section 11: 20. Cleanliness of walls and ceilings (1) Clause (d) of sub-section (1) of section 11 of the Act shall not apply to the class or description of the factories or parts of factories specified in the Schedule hereto: Provided that they are kept in a clean state by washing, sweeping, brushing, dusting, vaccum-cleaning or other effective means: Provided further that the said clause (d) shall continue to apply

    (i) as respects factories or parts of factories specified in Part A of the said Schedule, to workrooms in which the amount of cubic space allowed for every person employed in the room is less than 15 cu. Metres;

    (ii) as respects factories or parts of factories specified in Part B of the said Schedule, to workrooms in which the amount of cubic space allowed for every person employed in the room is less than 75 cu. Metres;

    (iii) to engine-houses, fitting-shops, lunchrooms, canteens, shelters, crches, cloak rooms, rest rooms and wash places; and

    (iv) to such parts of walls, sides and tops of passages and staircases as are less than six metres above the floor or stair.

    (2) If it appears to the Chief Inspector that any part of a factory, to which by virtue of sub-rule (1) any of the provisions of the said clause (d) do not apply, or apply as varied by sub-rule (1), is not being kept in a clean state, he may by written notice require the occupier to white wash or colour wash, paint or varnish the same and in the event of the occupier failing to comply with such requisition within two months from the date of the notice, sub-rule (1) shall cease to apply to such part of factory, unless the Chief Inspector otherwise determines.

    SCHEDULE PART-A

    Blast furnaces. Brick and tile works in which unglazed bricks or tiles are made. Cement works. Chemical works. Gas works. Iron and steel mills Stone, slate and marble works. The following parts of factories:- Rooms used only for the storage of articles. Rooms in which the walls or ceilings, consist of galvanised iron, glazed bricks, glass, slate, asbestos, bamboo, thatch.

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    Parts in which dense steam is continuously evolved in the process Parts in which pitch, tar or like material is manufactured or is used to a substantial extent, except in brush works. The parts of a glass factory known as the glass house. Rooms in which graphite is manufactured or is used to a substantial extent in any process. Parts in which coal, coke, oxide or iron, ochre, lime or stone is crushed on ground. Parts of walls, particulars, ceilings or tops of rooms which are at least seven metres above the floor. Ceilings or tops of rooms in print works, bleach works or dye works with the exception of finishing rooms or warehouses. Inside walls of oil mills below a height of 1.5 metres from the ground floor level. Inside walls in tanneries below a height of 1.5 metres from the ground floor level where a wet process is carried on.

    PART B

    Coach and motor body works. Electric generating or transforming stations. Engineering works. Factories in which sugar is refined or manufactured. Foundaries other than foundaries in which brass casting is carried on. Ship-building works. Those parts of factories where unpainted or unvarnished wood is manufactured. Register prescribed under sub-section (1) of Section 11:

    21. Record of white-washing, etc. The record of dates on which white-washing, colour-washing, varnishing, etc., are carried out shall be entered in a register maintained in Form 8. Rule prescribed under sub-section (1) of Section 11 and Section 12:

    22. Compound to be kept clean- The compound surrounding every factory shall be maintained in a sanitary and clean condition free of rubbish, filth or debris. Rule prescribed under sub-section (2) of Section 12: 23. Disposal of trade wastes and effluents (1) In the case of a factory where the drainage system is proposed to be connected to the public sewerage system, prior approval of the arrangements made shall be obtained from the local authority. (2) In the case of factories other than those mentioned in sub-rule (1), prior approval of the arrangements made for the disposal of trade wastes and effluents shall be obtained from the Goa State Pollution Control Board or such authority as the State Government may appoint in this behalf. (3) Where, in the opinion of the State Government, operation of effluent treatment plant installed in a factory requires effective supervision from a qualified technical person,

  • - 20

    the occupier shall, if so required by the State Government, by notification in the Official Gazette, employ such number of technically qualified persons as may be specified in that notification. (4) No person shall be appointed as technically qualified person to supervise the functioning of the effluent treatment plant for the purpose of these rule, unless he possess at least post graduate Diploma in Environmental Pollution Control Technology awarded by any recognised University. Rule prescribed under Section 13: 24. Ventilation and temperature (1) In any factory the maximum wet-bulb temperature of air in a work-room at a height of 1.5 metres above the floor level shall not exceed 30 degrees centigrade and adequate air movement of at least 30 metres per minute shall be provided; and in relation to dry-bulb temperature, the wet-bulb temperature in the workroom at the said height shall not exceed that shown in the Schedule annexed hereto, or as regards a dry-bulb readings, that specified in relation to the higher of these two dry-bulb readings:

    SCHEDULE

    Dry-bulb temperature Wet bulb temperature 30 C to 34 C 29 C

    35 C to 39 C 28.5 C

    40 C to 44 C 28 C

    45 C to 47 C 27.5 C

    Provided that if the temperature measured with a thermometer inserted in a hollow globe of 15 centimetres diameter coated mat black outside and kept in the environment for not less than 20 minutes exceeds the dry-bulb temperature of air, the temperature so recorded by the globe thermometer shall be taken in place of the dry-bulb temperature: Provided further that when the reading of the wet-bulb temperature outside in the shade exceeds 27 degrees centigrade, the value of the wet-bulb temperature allowed in the Schedule for a given dry-bulb temperature may be correspondingly exceed to the same extent: Provided further that this requirement shall not apply in respect of factories covered by section 15 in respect of factories where the nature of work carried on involves production of excessively high temperature referred to in clause (ii) of sub-section (1) to which workers are exposed for short period of time not exceeding one hour followed by an interval of sufficient duration in thermal environments not exceeding those otherwise laid down in this rule: Provided further that the Chief Inspector, having due regard to the health of the workers, may in special and exceptional circumstances, by an order in writing exempt any factory or part of a factory from the foregoing requirement, in so far as restricting the thermal conditions within the limits laid down in the Schedule are concerned, to the extent he may consider necessary subject to such conditions as he may specify.

    (2) (a) If it appears to the Inspector that in any factory, the temperature of air in a

  • - 21

    workroom is sufficiently high and is likely to exceed the limits prescribed in sub-rule (1), he may serve on the manager of the factory an order requiring him to provide sufficient number of whirling hygrometers or any other type of hygrometers and direct that the dry-bulb and wet-bulb readings in each such workroom shall be recorded at such positions as approved by the Inspector, twice during each working shift by a person especially nominated for the purpose by the manager and approved by the Inspector.

    (b) In the Inspector has reason to believe that a substantial amount of heat is added inside the environment of a workroom by radiation from walls, roof or other solid surroundings, he may serve on the manager of the factory an order requiring him to provide one or more globe thermometers referred to in the first proviso in sub-rule (1) and further requiring him to place the globe thermometers at places specified by him and keep a record of the temperatures in a suitable register.

    (3) (a) In every factory the amount of ventilating openings in a workroom below the eaves shall, except where mechanical means of ventilation as required by clause (b) below are provided, be of an aggregate area of not less than 15% of the floor area and shall be so located as to afford a continued supply of fresh air:

    Provided that the Chief Inspector may relax the requirements regarding the amount of ventilating openings if he is satisfied that having regard to the location of the factory, orientation of the workroom, prevailing winds, roof height and the nature of manufacturing process carried on, sufficient supply of fresh air into the workroom is afforded during most of the part of the working: Provided further that this requirement shall not apply in respect of workrooms of factories

    (i) covered by section 15; or (ii) in which temperature and humidity are controlled by refrigeration.

    (b) Where in any factory owing to special circumstances such as situation with respect to adjacent buildings and height of the building with respect to floor space, the requirements of ventilation openings under clause (a) of this sub-rule cannot be complied with or in the opinion of the Inspector the temperature of air in a workroom is sufficiently high and is likely to exceed the limits prescribed in sub-rule (1), he may serve on the manager of the factory an order requiring him to provide additional ventilation either by means of roof ventilators or by mechanical means.

    (c) The amount of fresh air supplied by mechanical means of ventilation in an hour shall be equivalent to at least six times the cubic capacity of the workroom and shall be distributed evenly throughout the workroom without dead airpockets or undue droughts caused by high inlet velocities.

    (d) In regions where in summer (15th March 15th July) dry-bulb temperatures of outside air in the shade during most part of the day exceed 35 degrees centigrade and simultaneous wet-bulb temperatures are 25 degrees centigrade or below and in the opinion of the Inspector the manufacturing process carried on in the workroom of a factory permits thermal environments with relative humidity of 50% or more, the Inspector may serve on the manager of the factory an order to have sufficient supply of outside air for ventilation cooled by passing it through

  • - 22

    water sprays either by means of unit type of evaporative air coolers (desert coolers) or, where supply of outside air is provided by mechanical means through ducts in a plenum system, by means of centralair washing plants.

    Rules 25 to 35 prescribed under sub-section(1) of Section 15: 25. When artificial humidification not allowed There shall be no artificial humidification in any room of a cotton spinning or weaving factory

    (a) by the use of steam during any period when the dry bulb temperature of that room exceeds 29.5 degrees centigrade; and

    (b) at any time when wet bulb reading of the hygrometer is higher than that specified in the following schedule in relation to the dry-bulb reading of the hygrometer at that time; or as regards a dry-bulb reading intermediate between any two dry-bulb readings indicated consecutively in the Schedule when the dry-bulb reading does not exceed the wet-bulb reading to the extent indicated in relation to the lower of these two dry-bulb readings:-

    SCHEDULE

    Reading in degrees centigrade

    Dry-bulb Wet-bulb Dry-bulb Wet-bulb Dry-bulb Wet-bulb

    15.5 14.5 25.0 24.0 34.5 30.0

    16.0 15.0 25.5 24.5 35.0 35.5

    16.5 15.5 26.0 25.0 35.5 31.0

    17.0 16.0 26.5 25.5 36.0 31.0

    17.5 16.0 27.0 26.0 36.5 31.5

    18.0 16.5 27.5 26.0 37.0 31.5

    18.5 17.0 28.0 26.5 37.5 31.5

    19.0 18.0 28.5 27.0 38.0 32.0

    19.5 18.5 29.0 27.0 38.5 32.0

    20.0 19.0 29.5 28.0 39.0 32.0

    20.5 19.5 30.0 28.0 39.5 32.5

    21.0 20.0 30.5 28.5 40.0 32.5

    21.5 20.5 31.0 28.5 40.5 33.0

    22.0 21.0 31.5 29.0 41.0 33.0

    22.5 21.0 32.0 29.0 41.5 33.0

    23.0 21.5 32.5 29.0 42.0 33.0

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    Reading in degrees centigrade

    Dry-bulb Wet-bulb Dry-bulb Wet-bulb Dry-bulb Wet-bulb

    23.5 22.0 33.0 29.5 42.5 33.0

    24.0 23.0 33.5 29.5 43.0 33.5

    24.5 23.5 34.0 30.0 43.5 33.5

    Provided, however, that clause (b) shall not apply when the difference between the wet-bulb temperature is indicated by the hygrometer in the department concerned and the wet-bulb temperature taken with a hygrometer outside in the shade is less than 2 degrees.

    26. Provision of hygrometer In all departments of cotton spinning and weaving mills wherein artificial humidification is adopted, hygrometers shall be provided and maintained in such positions as are approved by the Inspector. The number of hygrometers shall be regulated according to the following scale:-

    (a) Weaving department One hygrometer for departments with less than 500 looms, and one additional

    hygrometer for every 500 or part of 500 looms in excess of 500. (b) Other departments One hygrometer for each room of less than 8500 cubic metres capacity and one extra

    hygrometer for each 5670 cubic metres or part thereof, in excess of this. (c) One additional hygrometer shall be provided and maintained outside each cotton

    spinning and weaving factory wherein artificial humidification is adopted, and in a position approved by the Inspector, for taking hygrometer shade readings.

    27. Exemption from maintenance of hygrometers When the Inspector is satisfied that the limits of humidity allowed by the Schedule to rule 25 are never exceeded, he may, for any department other than the weaving department, grant exemption from the maintenance of the hygrometer. The Inspector shall record such exemption in writing. 28. Copy of Schedule to rule 25 to be affixed near every hygrometer A legible copy of the Schedule to rule 25 shall be affixed near each hygrometer. 29. Temperature to be recorded at each hygrometer At each hygrometer maintained in accordance with rule 26, correct wet and dry-bulb temperatures shall be recorded thrice daily during each working day by competent persons nominated by the manager and approved by the Inspector. The temperature shall be taken between am and 9 am, between 11 am and 14 pm (but not in the rest interval) and between 16 pm and 17.30 pm. In exceptional circumstances, such additional readings and between such hours as the Inspector may specify, shall be taken. The temperature shall be entered in Humidity Register in Form 9, maintained in the factory. At the end of each month, the persons who have taken the readings shall sign the Register and certify in the Register the correctness of the entries. The register shall always be available for inspection by the Inspector.

  • - 24

    30. Specifications of hygrometer (1) Each hygrometer shall comprise of two mercurial thermometers of wet-bulb and dry-bulb of similar construction, and equal in dimensions, scale and divisions of scale. They shall be mounted on a frame with a suitable reservoir containing water.

    (2) The wet-bulb shall be closely covered with a single layer of muslin, kept wet by means of a wick attached to it and dropping into the water in the reservoir. The muslin covering and the wick shall be suitable for the purpose, clean and free from size or grease.

    (3) No part of the wet-bulb shall be within 76 millimetres from the dry-bulb or less than 25 millimetres from the surface of the water in the reservoir and the water reservoir shall be below it, on the side of it away from the dry-bulb.

    (4) The bulb shall be spherical and of suitable dimensions and shall be freely exposed on all sides to the air of the room. (5) The bores of the stems shall be such that the position of the top of the mercury column shall be readily distinguishable at a distance of 60 centimetres. (6) Each thermometer shall be graduated so that accurate so that accurate readings may be taken between 10 and 50 degrees centigrade. (7) Every degree from 10 degrees upto 50 degrees shall be clearly marked by horizontal lines on the stem, each fifth degree shall be marked by longer marks than the intermediate degrees and the temperature marked opposite each fifth degree, i.e. 10, 15, 20, 25, 30, 35, 40, 45, 50. (8) The markings as above shall be accurate, that is to say, at no temperature between 10 and 50 degrees shall the indicated readings be in error by more than one ninth of a degree. (9) A distinctive number shall be indelibly marked upon the thermometer. (10) The accuracy of each thermometer shall be certified by the National Physical Laboratory, Delhi, or some competent authority appointed by the Chief Inspector and such certificate shall be attached to the humidity register. 31. Thermometers to be maintained in efficient order Each thermometer shall b maintained at all times during the period of employment in efficient working order, so as to give accurate indications and in particular

    (a) the wick and the muslin covering of the wet-bulb shall be renewed once a week; (b) the reservoir shall be filled with water which shall be completely renewed once a day.

    The Chief Inspector may direct the use of distilled water or pure rain water in any particular mill or mills in certain localities; and

    (c) no water shall be applied directly to the wick or covering during the period of employment.

    32. Inaccurate thermometer not to be used without fresh certificate If an Inspector gives notice in writing that a thermometer is not accurate, it shall not, after one month from the date of such notice, be deemed to be accurate unless and until it has been re-examined as prescribed and a fresh certificate obtained which certificate shall be kept attached to the humidity register.

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    33. Hygrometer not to be affixed to wall, etc. unless protected by wood (1) No hygrometer shall be affixed to a wall, pillar, or other surface unless protected therefrom by wood or other non-conducting material of at least 12 millimetres in thickness and at a distance of at least 25 millimetres from the bulb of each thermometer. (2) No hygrometer shall be fixed at a height of more than 170centimetres from the floor to the top of thermometer stem or in the direct draughts from a fan, window or ventilating opening. 34. No reading to be taken within 15 minutes of renewal of water No reading shall be taken for record on any hygrometer within 15 minutes of the renewal of water in the reservoir. 35. How to introduce steam for humidification In any room in which steam pipes are used for the introduction of steam for the purpose of artificial humidification of the air, the following provisions shall apply:-

    (a) the diameter of such pipes shall not exceed 50 millimetres and in the case of pipes installed after 1st day of January 1950, the diameter shall not exceed 25 millimetres;

    (b) such pipes shall be as short as are reasonably practicable; (c) all hangers supporting such pipes shall be separated from the bare pipes by an

    efficient insulator not less than half an inch in thickness; (d) no uncovered jet from such pipe shall project more than 11.5 centimetres beyond the

    outer surface of any cover; (e) the steam pressure shall be as low as practicable and shall not exceed 5 kilograms per

    square centimetre; and (f) the pipe employed for the introduction of steam into the air in a department shall be

    effectively covered with such non-conducting material, as may be approved by the Inspector in order to minimise the amount of heat radiated by them into the department.

    Rules 36 to 40 prescribed under Sub-section (4) of Section 17.

    36. Lighting application and commencement- Subject to the provisions as contained hereunder, rules 36 to 40 shall apply to factories in which persons are being regularly employed in a manufacturing process or processes for more than 48 hours a week, or in shifts, provided that nothing in these rules shall be deemed to require the provision of lighting of a specified standard in any building or structure so constructed that, in the opinion of the Chief Inspector, it would not be reasonably practicable to comply with such requirement. 37. Lighting of interior parts (1) The general illumination over those interior parts of a factory where persons are regularly employed shall be not less than 65 lux measured in the horizontal plane at a level of 90 cms. Above the floor. Provided that in any such parts in which the mounting height of the light source or general illumination necessarily exceeds 7.6 metres measured from the floor or where the structure of

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    the room or the position or where the structure of the room or the position or construction of the fixed machinery or plant prevents the uniform attainment of this standard, the general illumination at the said level shall be not less tan 22 lux and where work is actually being done the illumination shall be not less than 65 lux. (2) The illumination over all other interior parts of the factory over which persons employed pass shall, when and where a person is passing, be not less than 5 lux at floor level.

    (3) (i) In every factory, where natural lighting is not such that day light conditions are fairly uniform over the working or other areas and/or lighting, which shall be of uniform level, widely distributed to avoid hard shadows or strong contrast and free from direct or reflected glare, shall be provided. The minimum intensity of illumination for the different areas and work-rooms of the type given under column No. 2 shall be as given under column No. 3 of the Schedule A appended hereto;

    (ii) Notwithstanding the above, in every factory, where intense local lighting is further necessary on account of nature of work as mentioned in the column No. 2 of the Schedule B appended hereto, the same shall be obtained by a combination of general lighting and supplementary lighting at the point of work. The minimum intensity of illumination for different tasks shall be as given under column No. 4 of the said Schedule.

    (iii) In case of any doubt or dispute in regard to the classification of areas or tasks specifically mentioned in Schedule A or corresponding to the examples mentioned in Schedule B respectively, the decision of the Chief Inspector of Factories shall be final.

    SCHEDULE A

    Sr. No.

    Areas and work-room Minimum intensity of illumination

    In Lux

    1. Stock-yards, main entrance and exit roads, cat-walls of outdoor plants, coal unloading and storage areas

    20

    2. Passage-ways, corridors and stairways, warehouses, stock-rooms for large and bulky materials, platforms of outdoor plants, basements.

    50

    3. Engine and boiler rooms, passengers and freight elevators, conveyers crating and boxing departments, store-rooms and stock-rooms for medium and fine materials, lockers rooms, toilet and wash rooms.

    100

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    SCHEDULE B

    Sr. No.

    Nature of work Examples Minimum intensity of illumination

    In Lux

    1 2 3 4

    1. Where discrimination of detail is not essential

    Handling of material of coarse nature, rough sorting, grinding of clay products, handling coal or ashes.

    50

    2. Where slight discrimination details is essential

    Production of semifinished iron and steel products, rough assembling, milling of grains, opening, carding, drawing, slubbing, roving spinning (ordinary) counts of cotton.

    100 3. Where moderate

    discrimination of detail is essential

    Medium assembling, rough bench work and machine work, inspection and testing of products, canning sewing, venering planning of lumber, sewing of light coloured textiles and leather products, weaving light thread, warping, slashing doubling (fancy) spinning fine counts.

    200

    4. Where close discrimination of detail is essential

    Medium bench and machine work fine testing flour grading, leather finishing, weaving cotton goods or light coloured woolen goods, welding sub-assembly drilling, riveting, book-binding and folding.

    300 5. Where discrimination of

    detail is involved under a fair degree of contract for long periods of time.

    Fine assembling, fine bench and machine work, fine inspection, fine polishing and beveling of glass, fine wood working weaving dark coloured woolen goods.

    500

    6. Where discrimination of detail is extremely fine detail is involved under conditions of extremely poor contrast for long periods of time.

    Extra fine assembling, extra fine inspection, testing of extra fine instruments, jewellery and watch manufacturing, grading and working of tobacco products, dark cloth hand tailoring, final perching in dye works, make-up and proof-reading in printing plants.

    1,000

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    (4) The standard specified in this rule shall be without prejudice to the provision of any additional illumination required to render the lighting sufficient and suitable for the nature of the work. 38. Prevent of glare (1) Where any source of artificial light in the factory is less than 4.9 metres above floor level, no part of the light source or of the lighting fitting having a brightness greater than 1.55 candles per sq. centimetre shall be visible to persons whilst normally employed within 30 metres of the source except where the angle of elevation from the eye to the source or part of the fitting, as the case may be exceeds 20 deg. (2) Any local light, that is to say, an artificial light designed to illuminate particularly the area or part of the area of work of a single operative or small group of operatives working near each other, shall be provided with a suitable shade of opaque material to prevent glare or with other effective means by which the light source is completely screened from the eyes of every person employed at a normal working place, or shall be so placed that no such person is exposed to glare therefrom. 39. Power of Chief Inspector to exempt Where the Chief Inspector is satisfied in respect of any particular factory or part thereof or in respect of any description of workroom or process that any requirement of rules 37 and 38 is inappropriate or is not reasonably practicable, he may by order in writing exempt the factory or part thereof, or description of workroom or process from such requirement to such extent and subject to such conditions as he may specify. 40. Exemption from rule 37. (1) Nothing in rule 37 shall apply to the parts of factories specified in Part I of the Schedule annexed hereto. (2) Nothing in sub-rule (1) of rules 37 shall apply to the factories or parts of factories respectively specified in Part II of the said Schedule.

    SCHEDULE PART I

    Parts of factories in which light sensitive photographic materials are made or used in an exposed condition or where such exposing operations are carried on.

    PART II Cement works. Works for the crushing and grinding of limestone. Gas works. Coke oven works. Electrical stations. Flour mills. Maltings and breweries.

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    Parts of factories in which the following processes are carried on:- Concrete or artificial stone making. Conversion of iron into steel. Smelting of iron ore. Iron or steel rolling Hot rolling or forging, tempering or annealing of metals. Glass blowing and other working in molten glass. Tar distilling. Petroleum refining and bleding. Rules 41 to 46 prescribed under Sub-section (I) of Section 18. 41. Quantity of drinking water The quantity of drinking water to be provided for the workers in every factory shall be at least five litres a day per worker employed in the factory and such drinking water shall be readily available at all times during working hours. 42. Source of supply The water provided for drinking shall be supplied

    (a) from the taps connected with a public water supply system, or (b) from any other source approved in writing by the Medical Inspector of Factories. The water so supplied shall be kept in suitable vessels, receptacles or tanks fitted with

    taps, having dust proof covers, and placed on raised stands or platforms in shade and having suitable arrangement of drainage to carry away the waste water. Such vessels, receptacles or tanks shall be kept clean and the water replaced at least once every day. Also, all practicable measures shall be taken to ensure that the water is free from contamination.

    43. Omitted. 44. Cleanliness of wells or reservoir (1) Drinking water shall not be supplied from any open well or reservoir unless it is so constructed, situated, protected and maintained as to be free from the possibility of pollution by chemical or bacterial and extraneous impurities. (2) Where drinking water is supplied from such well or reservoir the water in it shall be sterilized once a week or more frequently if the Inspector by written order so requires, and the date on which sterilising is carried out shall be recorded; Provided that this requirement shall not apply to any such well or reservoir if the water therein is filtered and treated to the satisfaction of the Health Officer before it is supplied for consumption. 45. Report from Health Officer The Inspector may by order in writing, direct the manager to obtain, at such time or at such intervals as he may direct, a report from the Health Officer as to the fitness for human consumption of the water supplied to the workers and in every case to submit to the Inspector a copy of such report as soon as it is received from the Health Officer.

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    46. Water Centres - In every factory wherein more than 250 workers are ordinarily employed

    (a) the drinking water supplied to the workers shall from the 1st of November of every year to 31st May of the succeeding year be cooled by ice or other effective method:

    Provided that if ice is placed in the drinking water, the ice shall be cleaned and wholesome and shall be obtained only from a source approved in writing by the Health Officer.

    (b) (i) the cooled drinking water shall be supplied in every canteen, lunch-room and rest- room and also at conveniently accessible points throughout the factory which for the purpose of these rules shall be called Water Centres.

    (ii) at least one such water centre shall be provided on each floor if the factory has more than one floor;

    (c) the Water Centres shall be sheltered from the weather and adequately drained;

    (d) (i) the number of Water Centres to be provided shall be one Water Centre for every 150 workers or part thereof employed at any one time in the factory.

    Provided that in the case of the factory where the number of persons employed exceeds 500, it shall be sufficient if there is one Water Centre as aforesaid for every 150 persons or part thereof thereafter, and in counting the number, account shall be taken of the maximum number of workers working at any time during the day.

    (ii) where drinking water is provided through taps or through drinking fountains each Water Centre shall have at least three such taps or fountains. The taps or fountains shall be at least 60 cms apart, and shall have a trough to drain away the waste water. The trough and the walls and platform near the tap shall be laid in glazed tiles;

    Provided that where mechanical refrigerating units with drinking water fountains distributed throughout the factory, are provided, the number of Water Centres may not be according to the standards prescribed under sub-clause (i) above, as long as the total number of fountains provided is in accordance with the prescribed standard that is the number of Water Centres as prescribed in sub-clause (i) were provided;

    (e) (i) every Water Centre shall be maintained in a clean and orderly condition; (ii) every Water Centre shall be in charge of a suitable person who shall distribute

    the water and who shall be provided with clean clothes while on duty: Provided that in respect of factories where mechanical refrigerating units and taps are provided to the satisfaction of the Chief Inspector, he may exempt such a factory on an application made by the manager from the provisions of sub-clause (ii) on such conditions as he may deem fit.

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    Rules 47 to 56 prescribed under Sub-section (3) of Section 19. 47. Latrine accommodations Latrine accommodation shall be provided in every factory on the following scale:-

    (a) where females are employed, there shall be at least one latrine for every 25 females; (b) where males are employed, there shall be at least one latrine for every 25 males:

    Provided that where the number of males employed exceeds 100, it shall be sufficient if there is one latrine for year 25 males upto the first 100, and one for every 50 thereafter. In calculating the number of latrines required under this rule, any odd number of workers less than 25 or 50, as the case may be, shall be reckoned as 25 or 50 and the number of workers to be considered shall be the maximum number employed at any time during the day. 48. Privacy of latrines Every latrine shall be under cover and so partitioned off as to provide privacy, and shall have a proper door and fastenings. 49. Sign-boards to be displayed Where workers of both sexes are employed, there shall be displayed outside each latrine block a notice in the language understood by the majority of the workers For Men Only and For Women Only, as the case may be. The notice shall also bear the figure of a man or of a woman, as the case may be. 50. Urinal accommodation Urinal accommodation shall be provided for the use of male workers and there shall be at least one urinal of not less than 60 centimetres in length for every 50 males: Provided that where the number of males employed exceeds 500, it shall be