model rules under the factories act, 1948

260 Pages·2012·1.63 MB·English

FOR OFFICIAL USE ONLY
GOVERNMENT OF INDIA
MINISTRY OF LABOUR
MODEL RULES UNDER THE
FACTORIES ACT, 1948
(Corrected up to 31-3-1987)
DIRECTORATE GENERAL
FACTORY ADVICE SERVICE AND LABOUR INSTITUTES
BOMBAY - 400 022.
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C O N T E N T S
MODEL FACTORY RULES
Rule Subject Page No.
Chapter I – Preliminary 6
1. Short title, extent and commencement 6
2. Definitions 6
2A. Competent Persons 12
3. Submission of Plans 12
4. Approval of Plans 13
5. Certificate of Stability 14
6. Application for registration & grant of licence 14
7. Grant of Licence 14
8. Renewal of licence 14
9. Amendment of licence 15
10. Transfer of licence 15
11. Procedure on death or disability of licensee 15
12. Loss of licence 15
13. Payment of fees 15
14. Prohibition of use of premises as factories 15
15. Notice of occupation 15
16. Notice of change of Manager 15
16A. Guidelines, Instructions and Records 16
Chapter II - Inspecting Staff 16
17. Qualifications of an Inspector 16
18. Powers of an Inspector 16
19. Duties of Certifying Surgeon 16
Chapter III – Health 18
20. Record of White washing 18
21. Cleanliness of walls and ceilings 18
22. Disposal of trade wastes and effluents 19
23. Ventilation and temperature 19
24. When artificial humidification not allowed 21
25. Provision of Hygrometer 21
26. Exemption from maintenance of hygrometers 22
27. Copy of Schedule to rule 23 to be affixed 22
28. Temperature to be recorded 22
29. Specification of hygrometer 22
30. Thermometer to be maintained in efficient order 22
31. Inaccurate thermometer not to be used without fresh certificate 23
32. Hygrometer not to be affixed to wall etc. 23
33. No readings to be taken 23
34. How to introduce steam for humidification 23
Rule Subject Page No.
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35. Lighting of interior parts 23
36. Prevention of glare 24
37. Powers of Chief Inspector to exempt 24
38. Quantity of drinking water 24
39. Source of supply 24
40. Means of supply 24
41. Cleanliness of well or reservoir 24
42. Report from Health Officer 24
43. Cooling of water 25
44. Latrine to conform to public health requirements 25
46. Privacy of latrines 25
47. Sign boards to be displayed 26
48. Urinal accommodation 26
49. Urinals to confrom to public health requirements 26
50. Certain latrines and urinals to be connected to
sewerage system 26
51. While washing, colour washing of latrines and urinals 26
52. Construction and maintenance of drains 26
53. Water taps in latrines 26
54. Number and locations of spittoons 26
55. Type of spittoons 26
56. Cleaning of spittoons 26
Chapter IV _ Safety 27
57. Further safety precautions 27
58. Register of workers employed for work on or near
machinery in motion 40
59. Employment of young persons on dangerous machines 40
60. Hoists and lifts 40
61. Lifting machines, chains, ropes and lifting tackles 41
62. Pressure vessels or plant 42
63. Water sealed gas holder 46
64. Excessive weights 46
65. Protection of eyes 47
66. Minimum dimension of manholes 48
67. Exemptions 48
68. Fire Protection 49
69. safety Officers 57
70. Buildings and structures 58
71. Machinery and plant 58
72. Methods of work 59
73. Stacking and storing of materials, etc. 59
74. Ovens and driers 59
75. Shipbuilding and ship repairing 61
76. Reaction vessels and kettles 74
77. Examination of eye sight of certain workers 75
78. Railways in factories 75
79. Safety Committee 78
80. Quality of Personal Protective Equipment 79
81. Protective Equipment 79
82. Thermic fluid heaters 79

Rule Subject Page No.
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82A. Site Appraisal Committee 80
82B. Health and Safety Policy 83
82C. Collection and Development and Dissemination 84
of information
82D. Disclosure of information to workers 91
82E. Disclosure of information to general public 91
82F. Disclosure of information to the local authority 92
82G. Disclosure of information to District Emergency Authority 92
82H. Disclosure of information to the Chief Inspector 93
82 I. Emergency Plan 93
82 J. Disaster Control and Management Plan 93
82K. Information on Industrial Wastes 93
82L. Review of the information furnished to workers, etc. 94
82M. Confidentiality of Information 94
82N. Medical Examination 94
82O. Occupational Health Centres 95
82P. Ambulance Van 97
82Q. Decontamination facilities 98
82R. Making available health records to workers 99
82S. Qualification, etc. of supervisors 99
82T. Issue of Guidelines 99
Chapter V – Welfare 100
83. Washing facilities 100
84. Facilities for keeping clothing 100
85. First-aid appliances 101
86. Notice regarding first-aid 102
87. Ambulance room 102
88. Canteens 104
89. Dining Hall 105
90. Equipment 105
91. Prices to be charged 105
92. Accounts 105
93. Managing Committee 106
94. Annual medical examination 106
95. Shelters, rest rooms and lunch rooms 106
96. Creches 107
97. Wash rooms 107
98. Supply of milk and refreshments 108
99. Clothes for creche staff 108
100. Exemption from the provisions of creches 108
101. Welfare Officers 108
Chapter VI - Working Hours of Adults 110
102. Compensatory holidays 111
103. Muster roll for exempted workers 111
104. Notice of periods of work for adults 111
105. Register of adult workers 111
106. Persons defined to hold positions of supervisors
or management 111
Rule Subject Page No.
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107. Persons defined to hold confidential positions 112
108. List to be maintained of persons holding confidential
positions or position of supervision or management 112
109. Exemption of certain adult workers 112
Chapter VII - Employment of young persons 117
110. Notice of periods of work for children 117
111. Register of child workers 117
Chapter VIII - Leave with wages 117
112. Register of leave with wages 117
113. Leave Book 117
114. Medical certificate 117
115. Notice to Inspector of involuntary unemployment 117
116. Notice by worker 117
117. Notice of leave with wages 118
118. Payment of wages of the worker who dies 118
119. Register to be maintained in case of exemption
under Section 84 118
Chapter IX - Special Provisions 118
120. Dangerous manufacturing processes or operations 118
121. Notification of accidents and dangerous occurrences 119
122. Notice of poisoning or disease 120
Chapter X – Supplemental 121
123. Procedure in appeals 121
124. Display of notices 121
125. Returns 121
126. Service of notices 122
127. Information required by the Inspectors 122
128. Permissible levels of certain chemical substances 122
in work environment 122
129. Muster roll 128
130. Register of accidents and dangerous occurrences 128
131. Maintenance of Inspection book 128
132. Information regarding closure of factories 128
133. Forms 125 – 170
134. Schedules to Model Rule 120 under Sec.87 171 – 255
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MODEL RULES UNDER THE FACTORIES ACT,1948
CHAPTER I : PRELIMINARY
1. Short title, extent and commencement.-
(1) These rules may be cited as the ...................... Factories Rules,19.....
(2) These rules shall extend to .....................................
2. Definitions.- In these rules unless there is anything repugnant in the subject or context-
(a) “Act” means the Factories Act, 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 26.5 degrees centigrade or more, shall not be deemed to be
artificial humidification;
(d) “belt” includes any driving strap or rope;
(e) “degrees” (of temperature) means degrees on the centigrade scale;
(f) “District Magistrate” includes such other official as may be appointed by the State Government in
that behalf;
(g) “fume” includes gas or vapour;
(h) “Health Officer” means the Municipal Health Officer or District Health Officer or such other official
as may be appointed by the State Government in that behalf;
(i) “Hygrometer” means an accurate wet and dry bulb hygrometer conforming to the prescribed conditions
as regards construction and maintenance;
(j) x x x x x x x
(k) “maintained” means maintained in an efficient state, in efficient working order and in good repair; and
(l) “manager” means the person responsible to the occupier for the working of the factory for the purpose
of the Act.
Rule 2A
COMPETENT PERSON
Rules prescribed under Section 2A Clause 2(ca) and Section 112
(1) The Chief Inspector may recognise any person as a ‘competent person’ within such area and for such period as
may be specified for the purposes of carrying out tests, examinations, inspections and certification for such
buildings, dangerous machinery, hoists and lifts, lifting machines 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 a 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’ concurrence of the State Government shall be taken and such a person after being so recognised, shall not
have powers of an ‘Inspector’,
Provided further that the ‘competent person; recognised under this provision shall not be above the age of
62 and shall be physically fit for the purpose of carrying out the tests, examination and inspection.
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(2) The Chief Inspector may recognise an institution of repute, having persons possessing qualifications and
experience as set out in the schedule annexed to sub-rule (1) for the purpose of carrying out tests, examinations,
inspections and certification for buildings, dangerous machinery, hoists and lifts, lifting machines 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, 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 the prescribed form from a person or an institution intending
to be recognised 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 recognise the applicant as a
‘competent person’ and issue a certificate of competency in the prescribed form or reject the application specifying
the reasons therefore.
(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 carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the
purpose of this Act or the Rules made thereunder; or has omitted to act as required under the Act and 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 organisation.
(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.
Form of Application for grant of Certificate of Competency to a person under sub-rule (I) of 2A.
1. Name
2. Date of Birth
3. Name of the Organisation (if not self-employed)
4. Designation
5. Educational qualification (copies of testimonials to be attached)
6. Details of professional experience (in chronological order)
Name of the Organisation Period of ServiceDesignation Area of Responsibility
7. Membership, if any, of professional bodies
8. (i) Details of facilities (examination, testing, etc.) at his disposal.
(ii) Arrangements for calibrating and maintaining the accuracy of these facilities.
9. Purpose for which Competency Certificate is sought (section or sections of the Act should be stated).
10. Whether the applicant has been declared as a competent person under any statute (if so, the details)
11. Any other relevant information.
12. Declaration by the applicant.
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I, …………………., hereby declare that the information furnished above is true.
I undertake
(a) that in the event of any change in the facilities at my disposal (either addition or deletion) or my leaving
the aforesaid organisation, I will promptly inform the Chief Inspector;
(b) to maintain the facilities in good working order, calibrated periodically as per manufacturers instructions
or as per National Standards; and
(c) to fulfill and abide by all the conditions stipulated in the certificate of competency and instructions issued
by the Chief Inspector from time to time.
Place &
Date
Signature of the applicant :
Declaration by the Institution (if employed)
I, …………………., certify that Shri …………………… whose details are furnished above, is in our
employment and nominate him on behalf of the organisation for the purposes of being declared as a competent
person under the Act. I also undertake that I will.
(a) notify the Chief Inspector in case the competent person leaves our employment;
(b) provide and maintain in good order all facilities at his disposal as mentioned above;
(c) notify the Chief Inspector any change in the facilities (either addition or deletion)
Signature
Designation
Telephone No.
Official Seal
Date:
Form of Application for grant of Certificate of Competency to an Institution under sub-rule (2) of Rule 2A.
1. Name and full address of the Organisation
2. Organisation’s status (specify whether Government, Autonomous, Co-operative, Corporate or Private)
3. Purpose for which Competency Certificate is sought (specify Section(s) of the Act)
4. Whether the Organisation has been declred as a competent person under this or any other statute. If so, give
details.
5. Particulars of persons employed and possessing qualification and experience as set out in Schedule annexed to
sub-rule (1) of Rule 2A.
S.No. Name and Designation Qualifications Experience Section(s) and the Rules under which
Competency is sought for.
1.
2.
6. Details of facilities (relevant to item 3 above) and arrangements made for their maintenance
and arrangements made for their maintenance and periodic calibration.
7. Any other relevant information.
8. Declaration:
I, …………………….. hereby, on behalf of …………………. Certify the details furnished above are correct to
the best of my knowledge. I undertake to ----
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(ii) maintain the facilities in good working order, calibrated periodically as per manufacturers instructions
or as per National Standards; and
(ii) to fulfil and abide by all the conditions stipulated in the certificate of competency and instructions issued by
the Chief Inspector from time to time.
Signature of Head of the
Institution or of the persons
authorised to sign on his behalf.
Designation
Place & Date
Form of Certificate of Competency issued to a person or an institution in pursuance to Rule 2A made under
Section 2(ca) read with Section …………………….
I, ……………………., in exercise of the powers conferred on me under Section 2(ca) of the Factories Act
and the Rules made thereunder, hereby recognise ……………………….. (Name of the Institution)
or Shri ………………………… (Name of the person) employed in …………………….……….. (Name of the
Institution) to be a competent person for the purpose of carrying out tests, examinations, inspections and
certification for such buildings, dangerous machinery, lifts and hoists, lifting machines and lifting tackles, pressure
plants, confined space, ventilation system and process or plant and equipment as the case may be, used in a factory
located in …………….. under Section …………….. and the Rules made thereunder. *
Strike out the words not applicable.
This certificate is valid from ……………..to …………………….
This certificate is issued subject to the conditions stipulated hereunder: -
Tests, examinations and inspections shall be carried out in accordance with the provisions of the Act and
the Rules made thereunder;
(ii) Tests, examination and inspections shall be carried out under direct supervision of the competent person or by a
person so authorised by an institution recognised to be a competent person.
(iii) The certificate of competency issued in favour of a person shall stand cancelled if the person leaves the
organisation mentioned in his application;
(iv) The institution recognised as a competent person shall keep the Chief Inspector informed of the names,
designations and qualifications of the persons authorised by it to carry out tests, examinations and inspections.
(v) …………………………………..
(vi) ………………………………….
Station Official Seal Signature of the Chief Inspector
Date
NOTE: A separate certificate should be issued under each relevant Section. A person or an
institution may be recognised competent for the purpose of more than one Section of the
Act.
SCHEDULE
S.No. Section or Rules Qualification Experience for the purpose Facilities at his
under which required command
competency is
recognised
1. Rules made under Degree in Civil i) A minimum of 10 years experience
Section 6 and or Structural in the design of construction or
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Section 112 – Engineering; or testing or repairs of structures;
Certificate of equivalent ii) Knowledge of non-destructive
stability for testing, various codes of practices
buildings 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 Degree in a minimum of 7 years Guages for
Section 21(2) – Electrical or experience in- measurement;
“Dangerous Mechanical or a) design or operation or maintenance; instruments for
Machines” Textile or measurement of
Engineering or b) testing, examination and inspection speed and any other
equivalent. of relevant machinery, their guards, equipment or device
safety devices and appliances. to determine the
(ii) he shall – safety in the use of
a) be conversant with safety devices the dangerous
and their proper functioning; machines.
b) be able to identify defects and any
other cause loading to failure; and
c) have ability to arrive at a reliable
conclusion with regard to the proper
functioning of safety device and
appliance and machine guard.
3. Section 28 – Lifts A degree in (i) A minimum experience of 7 Facilities for load
and Hoists Electrical and /or years in- testing, tensile
Mechanical (a) design or erection or maintenance; testing, guages
Engineering or or equipment/ gadgets
the equivalent (b) inspection and test procedures of for measurement and
lifts and hoists; any other equipment
(ii) He shall be – required for
(a) Conversant with relevant codes of determining the safe
practices and test procedures that working conditions
are current; of Hoists and Lifts.
(b) Conversant with other statutory
requirements conversing the safety
of the Hoists and Lifts;
(c) able to identify defects and arrive at
a reliable conclusion with regard to
the safety of Hoists and Lifts.
4. Section 29 – Degree in A minimum experience of 7 Facilities for load
Lifting Machinery Mechanical or years in- testing, tensile
and Lifting Tackles Electrical or (a) design or erection or maintenance; testing, heat
Metallurgical or treatment,
Engineering or (b) testing, examination and inspection, equipment/gadget
its equivalent of lifting machinery, chains, ropes for measurement,
and lifting tackles. gauges and such
He shall be – other equipment to
(a) Conversant with the relevant codes determine the safe
of practices and test procedures that working conditions
are current; of the lifting
(b) Conversant with fracture mechanics machinery tackle.
and metallurgy of the material of
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