factories act karnataka rules 1948

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INSIGHT ON INSIGHT ON The FACTORIES ACT, 1948 The FACTORIES ACT, 1948

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Page 1: factories act karnataka rules 1948

INSIGHT ON INSIGHT ON

The FACTORIES ACT, 1948The FACTORIES ACT, 1948

Page 2: factories act karnataka rules 1948

What the Department of Factories and Boilers is all

about?

One amongst the 50+ Government departments

Page 3: factories act karnataka rules 1948

Main Objective

• Shouldering the responsibility of ensuring

compliance with the applicable legislations

at the place which is under the ambit of

the definition “ Factory”

Page 4: factories act karnataka rules 1948

HOW MANY & WHICH ARE THE LEGISLATIONS

ENFORCED?

10 legislation's are in the Quiver

Page 5: factories act karnataka rules 1948

• THE FACTORIES ACT, 1948 & RULES MADE THEREUNDERTHE FACTORIES ACT, 1948 & RULES MADE THEREUNDER

• THE PAYEMENT OF WAGES ACT, 1936 & RULES MADE THE PAYEMENT OF WAGES ACT, 1936 & RULES MADE

THEREUNDERTHEREUNDER

• THE MATERNITY BENEFIT ACT 1961 AND RULES MADE THE MATERNITY BENEFIT ACT 1961 AND RULES MADE

THEREUNDERTHEREUNDER

• THE CHILD LABOUR (PROHIBITION AND REGULATION ) ACT, THE CHILD LABOUR (PROHIBITION AND REGULATION ) ACT,

19861986

• THE INDIAN BOILERS ACT, 1923 AND RULES MADE THE INDIAN BOILERS ACT, 1923 AND RULES MADE

THEREUNDER. THEREUNDER.

• THE KARNATAKA WELFARE OFFICERS (DUTIES, THE KARNATAKA WELFARE OFFICERS (DUTIES,

QUALIFICATIONS AND CONDITIONS OF SERVICE) RULE 1963QUALIFICATIONS AND CONDITIONS OF SERVICE) RULE 1963

• THE KARNATAKA FACTORIES (DEFINING THE PERSONS THE KARNATAKA FACTORIES (DEFINING THE PERSONS

HANDLING POSITION OF SUPERVISION OR MANAGEMENT) HANDLING POSITION OF SUPERVISION OR MANAGEMENT)

RULES 1981RULES 1981

ENFORCED ENFORCED LABOUR LEGISLATIONS LEGISLATIONS AREARE

Page 6: factories act karnataka rules 1948

• THE LABOR LAWS (EXEMPTIONS FROM FURNISHING RETURNS

AND MAINTAINING REGISTER BY CERTAIN ESTABLISHMENT)

ACT 1988

• MAJOR ACCIDENT HAZARD CONTROL (KARNATAKA) RULES

1994

• THE CHEMICAL ACCIDENTS (EMERGENCY PLANNING,

PREPAREDNESS & RESPONSE) RULES 1996

• THE BUILDING AND OTHER CONSTRUCTION WORKERS

(REGULATION OF EMPLOYMENT AND CONDITIONS OF

SERVICE ) ACT, 1996 AND RULES MADE THEREUNDERTHE ABOVE ACTS ARE CUSTOMARILY CALLED AS

“ LABOUR LEGISLATIONS”.

ENFORCEDENFORCED LABOR LEGISLATIONS ARELEGISLATIONS ARE

Page 7: factories act karnataka rules 1948

COMPLIANCE UNDER THE FACTORIES ACT, 1948

Page 8: factories act karnataka rules 1948

120 Sections120 Sections 11 Chapters 11 Chapters 03 Schedules 03 Schedules

142 Rules,142 Rules, 10 Chapters10 Chapters 41 Forms/Registers41 Forms/Registers

What the Act is all about?Enactment of Stringent provisions!

IF ESSENCE IS RIGHTLY APPRECIATED, & UNDERSTOOD THIS IS REALLY A MASTER PIECE OF A SOCIAL LEGISLATION.

Page 9: factories act karnataka rules 1948

FACTORIES ACT, 1948 A Comprehensive law for the persons working at a

specific domain – factories.

Regarded as one of the Benevolent, NobleNoble and a Comprehensive Comprehensive LabourLabour LegislationLegislation which is in force in our country.

Covers significant issues relating to the persons employed in factoriesfactories.

Secures Secures - Safety

Health

Welfare

RegulatesRegulates - Working Hours

Page 10: factories act karnataka rules 1948

EnsuresEnsures - Annual leaves with wages

ProvidesProvides - Additional protection from hazardous

processes

Additional protection to women workmen

Prohibition of employment of

children

FACTORIES ACT, 1948

Series of amendments have been made time and again to increase the scope of the Act.

Page 11: factories act karnataka rules 1948

Road map to the legislation.

Page 12: factories act karnataka rules 1948

Road Map to the LegislationRoad Map to the Legislation..• The establishment of cotton mills in Bombay in 1851 followed

by the establishment of jute mills in 1855 @ Rishra in Bengal

marked the beginning Factory System in India.

• The number of factories grew steadily. During 1872-73, there

were 18 Textile Mills – Bombay; 5 Jute Mills – Bengal.

• Conditions in these factories were very gloomy and awful.

• First Indian Factories Act, came into force during 1881

• Comprehensive Act was enacted immediately after the

independence - under the nomenclature “The Factories Act,

1948”.

• This Act has seen many amendments after the independence.

• Major amendments were caused during 1987 -- Reason is Bhopal

Tragedy – The ghastly chemical accident

Page 13: factories act karnataka rules 1948

Road map to the legislation..

• 29 industries have been listed as industries involving

hazardous processes.

The industries are listed under - THE FIRST The industries are listed under - THE FIRST

SCHEDULE SCHEDULE (See Section 2 (cb)(See Section 2 (cb)

• Special provisions have been incorporated to govern the Special provisions have been incorporated to govern the

aspect of SHE in the said hazardous industries. aspect of SHE in the said hazardous industries.

• A new chapter by name “ Chapter IV A was introduced A new chapter by name “ Chapter IV A was introduced

as as Special provisions relating to Hazardous processes”. ”.

• Penal provisions were revamped.Penal provisions were revamped.

• Amendments are continual in the wake of Amendments are continual in the wake of

industrialization.industrialization.

Page 14: factories act karnataka rules 1948

Important indicators to be

understood

1. Applicability

2. Beneficiaries

3. Responsible persons

4. Inspecting staff

FACTORIES ACT, 1948

Page 15: factories act karnataka rules 1948

APPLICABILITYApplies to “Factories”

1. Definite Premises where 10 and more workers;

Manufacturing process, Power – Section 2m(i)

2. Definite Premises where 20 and more workers;

Manufacturing process; No power – Section 2m(ii)3. Act empowers State Government to declare all or any of the

provisions of the Act to apply to any place with an objective to secure safety, health and welfare or workmen even though the workers strength is less than the above cited conditions. – Section 85(i)

1. Tanning of hides, 2. Electroplating, 3. Manufacturing of specific chemical substances, 4. Manufacturing of asbestos, 5. Storing and handling of chemical

substances as listed under schedule 1 of MAH (K) Rules, 1994.

contd.,

Page 16: factories act karnataka rules 1948

Unless otherwise provided, the Act is applicable to

all Factories viz., Private, State, Central,

Government, Local Bodies etc.,

APPLICABILITY

Page 17: factories act karnataka rules 1948

BENEFICIARIES (Target Group)

• Workers employed in the registered factories

“Worker” means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not in any manufacturing process or in any kind of work incidental to, or connected with, the manufacturing process

Workers under the Act, includes

1. Permanent 2. Temporary 3. Contract 4. Casual , 5.

Clerical staff 6. Managers, 7. Engineers, 8. Supervisors

etc., “Apprentice” under the Apprentice Act, 1961 are not the

workers. However as per Section 14 of the Act – provision of

health, safety & welfare are applicable to the said category.

Page 18: factories act karnataka rules 1948

BENEFICIARIESBENEFICIARIES

Page 19: factories act karnataka rules 1948

RESPONSIBLE PERSONS

Page 20: factories act karnataka rules 1948

RESPONSIBLE PERSONS OCCUPIER AND MANAGER are the responsible persons for

implementation of the provisions envisaged in the

Act.

• OCCUPIER means the person who has got the ultimate control

over the affairs of the factory.

• Proprietorship - Proprietor

• Partnership - One of the partner

• Company - One of the director

• State or Central - Persons so nominated by the

Government owned respective governments.

1996 – SUPREME COURT CONFIRMED THIS. (1996 LLR 981

JK Industries LTD., and others V/S CIFB and others etc.,

Page 21: factories act karnataka rules 1948

OCCUPIERS RESPONSIBILITY

• PREVIOUS PERMISSION TO LOCATE THE FACTORY,

• SHOULD OBTAIN LICENCE TO THE PREMISES,

• LICENSE IS REQUIRED TO BE RENEWED PERIODICALLY,

• OBLIGED TO COMPLY WITH THE APPLICABLE PROVISIONS OF

THE OUTLINED IN THE ACT AND RULES MADE THEREUNDER,

• MOST IMPORTANTLY HE/SHE IS REQUIRED TO ENSURE SHE

MANAGEMENT AT THE SITE WITHOUT ANY COMPROMISE,

• SHALL ENSURE, SO FAR AS IS REASONABLY PRACTICABLE, THE

HEALTH, SAETY AND WELFARE OF ALL WORKERS WHILE THEY

ARE AT WORK.

Page 22: factories act karnataka rules 1948

RESPONSIBLE PERSON[S]MANAGER?“ A PERSON RESPONSIBLE TO THE OCCUPIER FOR WORKING OF

THE FACTORY & FOR THE PURPOSES OF THE ACT”

• RULES PRESCRIBES SPECIFIC DUTIES - WHAT ARE THEY?

• Maintenance of registers, furnishing OT slips, leave cards

• Furnishing of returns

• Submission of notice to work on Sunday

• Intimation about the reportable accidents, dangerous occurrences.

Change in Manager?

With in a week’s – Form no. 3A

Page 23: factories act karnataka rules 1948

INSPECTING STAFF - INSPECTORS

• Act empowers State Government to appoint persons as Inspectors

• Qualification is defined

• Scope and limits are defined through Notifications.

• Act has prescribed the duties and powers of the Inspectors

• Deputy commissioner of the District – is also an Inspector

• Government can notify persons as Inspectors - Notification

THE PERSONS VESTED WITH POWERS FOR ADMINISTRATION OF THE APPLICABLE PROVISIONS OF LAW IN FACTORIES.

Page 24: factories act karnataka rules 1948
Page 25: factories act karnataka rules 1948

POWERS OF INSPECTORS• He has got the power to enter to any premises (with

assistants or experts) which he has got reason to believe it as a factory

• He can make examinations of the premises, plant and machinery to secure SHE

• He can direct the occupier to left undisturbed any place till his enquiries are completed.

• He can seize any records, take copies which is required for the purpose of enforcement

• He can take measurements, photographs and make such recordings which are required for enforcement of Law

• He can call for production of any registers or documents pertaining to his duties from the occupier.

Page 26: factories act karnataka rules 1948

GENERAL DOMAIN

OF THE LAW

Page 27: factories act karnataka rules 1948

GENERAL DOMAIN OF LAW • APPROVAL AND LICENCING TO THE PREMISES

• HEALTH INITIATIVES

• WELFARE SCHEMES

• SAFETY MANAGEMENT

• STATUTORY DISPLAYS

• STATUTORY COMMITTEES

• STATUTORY REGISTERS

• STATUTORY RETURNS

• REGULATION OF WORKING HOURS OF ADULTS

• ANNUAL LEAVE WITH WAGES

contd.,

Page 28: factories act karnataka rules 1948

FOCUSSED AREAS

• REPORTING OF ACCIDENTS

• REPORTING OF DANGEROUS OCCURRENCE

• REPORTING OF NOTIFIABLE DISEASES

• PROVISIONS RELATING TO WOMEN WORKERS

• PROVISION RELATING TO CHILD

• PROVISIONS RELATING TO NO. OF EMPLOYEES

• TRAINING & EDUCATION PROGRAMMES

• OBTAINING OF EXEMPTION SCHEMES

• PENALTY AND PROCEDURES

Page 29: factories act karnataka rules 1948

APPROVAL/LICENCING

• APPROVAL OF PLANS

• REGISTRATION AND RENEWAL OF FACTORY LICENCE

• AMENDMENT & TRANSFER IN THE LICENCE

Page 30: factories act karnataka rules 1948

APPROVAL/LICENCING APPROVAL IS REQUIRED IN RESPECT OF THE FOLLOWING:

• PROPOSED CONSTRUCTION

• EXTENTION TO EXISTING FACTORY BUILDING

• FOR INSTALLATION OF MACHINAIRES – CHANGE IN LAYOUT OF MACHINES

• RESITING OF MACHINES

• APPLICATION SHALL BE MADE BEFORE MAKING ANY CHANGES

• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.

• NO CHANGES SHALL BE MADE WITHOUT THE PREVIOUS PERMISSION

• IF THE APPLICATION IS MADE SEEKING APPROVAL AND NO

COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE

DATE OF SUBMISSION, PERMISSION APPLIED IN THE APPLICATION

SHALL BE DEEMED TO BE GRANTED.

Page 31: factories act karnataka rules 1948

LICENCING REGISTRATION AND GRANT OF FACTORY LICENCE

• BEFORE STARTING THE FACTORY, THE APPLICATION SHALL BE

SUBMITTED TO THE OFFICE OF THE JURISDICTIONAL OFFICER -

BEFORE 15 DAYS.

• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY

DEFINED.

• LICENCE WILL BE GRANTED IN FORM 3.

• IF THE APPLICATION IS MADE SEEKING REGISRATION AND NO

COMMUNICATION IS RECEIVED WITHIN THREE MONTHS FROM THE

DATE OF SUBMISSION, REGISTRATION SHALL BE DEEMED TO BE

GRANTED.

• LICENCE IS REQUIRED TO BE RENEWED EVERY YEAR. OPTION

HAS BEEN GIVEN TO RENEW THE LICENCE FOR PERIOD NOT

EXCEEDING THREE YEARS.

Page 32: factories act karnataka rules 1948

LICENCING WHAT IS AMENDMENT/TRANSFER

• THREE LIMITS ARE MENTIONED IN THE LICENCE.

• IF THERE IS ANY CHANGE IN THE LIMITS SPECIFIED IN THE LICENCE AND CHANGE IN THE NAME OF THE FACTORY, QUESTION OF AMENDMENT ARISES.

• THE DOCUMENTS REQUIRED TO BE SUBMITTED IS CLEARLY DEFINED.

• APPLICATION FOR AMENDMENT SEEKING INCREASE IN THE LIMITS SPECIFIED I.E., NO. OF WORKERS, HORSE POWER, KILOWATT SHALL BE MADE 15 DAYS PRIOR TO THE INCREASE THE LIMITS.

• DUPLICATE LICENCE CAN BE OBTAINED IF THE LICENCE GRANTED UNDER RULE IS LOST OR ACCIDENTALY DESTROYED BY PAYING THE FESS OF RS.250/- ALONG WITH AN APPLICATION IN T HIS BEHALF

• IF THERE IS CHANGE IN THE OCCUPIER, LICENCEE SHOULD APPLY FOR PERMISSION TO TRANSFER HIS LICENCE TO ANOTHER PERSON.

Page 33: factories act karnataka rules 1948

APPROVAL/LICENCING LICENCE CAN BE SURRENDERED FOR A TEMPORARY PERIOD

• TO CLAIM EXEMPTION FROM PAYMENT OF LICENCE FEE AN

APPLICATION SHALL BE MADE TWO MONTHS BEFORE THE EXPIRY

OF LICENCE.

• FURTHER AN INTIMATION SHALL ALSO BE GIVEN TO THE

INSPECTOR BEFORE THE FACTORY OR THE SECTION OR

DEAPRTMENT THEREOF AS THE CASE MAY BE , STARTS WORKING

AGAIN.

DURING INTENDED CLOSURE

• IF ANY INTENDED CLOSURE OF THE FACTORY OR ANY SECTION OR

DEPARTMENT THEREOF IMMEDIATELY IT IS DECIDED TO DO, THE

OCCUPIER OR MANAGER SHALL REPORT TO THE INSPECTOR UNDER

RULE 142 OF THE KARNATAKA FACTORIES RULES, 1969.

Page 34: factories act karnataka rules 1948

HEALTH FRONT

• HOUSE KEEPING/CLEANLINESS

• OVERCROWDING

• LIGHTING

• DRINKING WATER

• LATRINE AND URINALS

• SPITTONS

Page 35: factories act karnataka rules 1948

HEALTH ISSUESHOUSE KEEPING/CLEANLINESS

• THE PARTICULARS OF CLEANLINESS SHALL BE MAINTAINED IN FORM NO.6 - RULE 141

• PARTICULARS OF THE ROOM SIZE SHALL BE IN FORM NO. 29.• OVER CROWDING SHALL BE AVOIDED. MiNIMUM OF 14.2 CU

METER OF SPACE• MAXIMUM NO. OF PERSONS EMPLOYED IN EACH ROOM

SHALL BE POSTED PROMINENTLY BY MEANS OF NOTICER PAINTED ON THE INNER WALL IN EACH SUCH ROOM – RULE 141

Sl.no Type of coatings Periodicity

1 Building is Painted and varnished

Once in five years

2 Inside walls is Painted with washable paint

Once in three years

34

Internal walls is Lime washed or colour washedDoors, frames, wooden or frame works

Once in 14 months.

Once in 5 years.

Page 36: factories act karnataka rules 1948

Clean work environment

Page 37: factories act karnataka rules 1948

LIGHTING AND

VENTILATION

• Minimum 3 foot candles of light, • Fresh circulation of air by ensuring cross

ventilation• Adequate openings, 15% of floor area shall

be kept open for natural ventilation• Mechanical system of ventilation incase of

shortage of windows• Overcrowding – 14.2 cu.meter of space per

person

Page 38: factories act karnataka rules 1948

Sufficient toilet and urinal accommodations - One for every twenty five workmen.

• Toilet accommodations shall be maintained in clean

and hygienic conditions.

• Separate facilities for the women workmen.

• Sufficient water facilities shall be available. Pictorial

display shall be made. Proper doors and fastening shall

be ensured.

• Sweepers shall be employed to keep the facility neat

and tidy.

TOILET FACILITIES

Page 39: factories act karnataka rules 1948
Page 40: factories act karnataka rules 1948

Drinking water

Adequate drinking water in clean and hygienic conditions

shall be provided and maintained.

• Minimum of 5 liters of water per person.

• Drinking water shall be kept at convenient places.

• If the source of supply is not from the public supply,

the water shall be tested for its pot ability from the

District Health Officer.

• If more than 250 workers are employed, cooled drinking water shall be provided with arrangements during the months of March, April and May.

Page 41: factories act karnataka rules 1948
Page 42: factories act karnataka rules 1948

SAFETY SAFETY

• EQUIPMENT SAFETY,

• PERSONAL SAFETY

• MATERIAL SAFETY

• PROCESS SAFETY

• PERSONAL PROTECTIVE EQUIPMENT

• EXCESSIVE WEIGHTS

GENERAL SAFETY MANAGEMENT INCLUDES

Page 43: factories act karnataka rules 1948

EQUIPMENT SAFETY

BASICALLY EQUIPMENT SAFETY INCLUDES

• Good construction with all safety features

• Sound material and adequate strength

• Free from defects, properly maintained

• Periodical Inspections to ensure integrity

• Equipment should be safe, periodical inspection

• Information, instruction and training and supervision

Page 44: factories act karnataka rules 1948

MATERIAL SAFETY

MATERIAL SAFETY INCLUDES

• Arrangement to ensure Safety and absence to risk to health from the material used, handled and stored.

• MSDS shall be readily available

• Information, instruction, training and supervision

• Periodical medical surveillance

• Inventory and storage

Page 45: factories act karnataka rules 1948

PROCESS SAFETY BASICALLY PROCESS SAFETY

INCLUDES

• Type of process, chemistry involved

• Hazards, risk and vulnerability Analysis

• Equipment integrity against the hazards

• Protection against the hazards

• Measures required during the process

Page 46: factories act karnataka rules 1948

PERSONAL SAFETYPERSONAL SAFETY

BASICALLY PERSONAL SAFETY INCLUDES

• Issue of personal protective equipment according to the circumstances and conditions.

• Decontamination facilities, washing facilities

• Periodical medical surveillance

• Maintenance of health records.

• First aid, OHC, ambulance room, ambulance van

• Training, Education, Supervision

Page 47: factories act karnataka rules 1948

SAFETY MANAGEMENT EXCESSIVE WEIGHTS

No adult, woman unaided by another person shall lift, carry or move by hand or on head any material article, tool or appliance exceeding the maximum specified below

Adult male 50kgs

Adult female 30kgs

Adolescent male 30kgs

Adolescent female 20kgs

Male child 16kgs

Female child 14kgs

Page 48: factories act karnataka rules 1948

PERSONAL PROTECTIVE EQUIPMENT

Page 49: factories act karnataka rules 1948

PERSONAL PROTECTIVE EQUIPMENT

• As per Rule 65D of KFR 1969, the Inspector can pass an

order to supply to the workers the required to personal

protective equipment exposed to particular hazards as

may be found necessary;

• All personal protective equipment provided to the workers

as required under the act shall have certification by ISI or

any equivalent standard approved by the state

government.

• Except under Section 46 no fee or charge shall be realized

from any worker in respect of any arrangements or

facilities to be provided or any equipments on appliances

to be supplied by the occupier under t he provisions of this

act – Section 114

Page 50: factories act karnataka rules 1948
Page 51: factories act karnataka rules 1948

WELFARE ISSUES

• Washing facilities

• Facilities for sitting

• First aid appliances

• Crèche

• Canteen

• Rest room, shelters, lunch room

• First aid trained personnel

• Ambulance room

MAIN INSIGHT OF THIS CHAPTER IS TO ENSURE WELL BEING OF THE PERSONS.

Page 52: factories act karnataka rules 1948

CANTEEN• IT IS STATUTORY WELFARE SCHEME

• APPLICABLE TO FACTORIES EMPLOYING MORE THAN 250

• BUILDING SHALL NOT BE LOCATED NEAR TO ANY TOILETS, BOILER ROOM, COAL ROOM OR NEAR ANY PROCESS WHICH GENERATES OBNOXIOUS FUMES ETC., - MINIMUM 15 METERS

• SUFFICIENTLY VENTILATED AND LIGHTED

• LIME WASHED ONCE IN A YEAR

• IF IT IS PAINTED, REPAINTED ONCE IN THREE YEARS

• PRECINTS SHALL BE NEAT AND TIDY AT ALL TIMES

• DINING HALL SHALL ACCOMMODATE 30% OF THE WORKMEN WORKING

• .93 SQUARE METER OF AREA SHALL BE THERE PER PERSON

• A PORTION SHALL BE EARMARKED FOR WOMEN WORKERS IN PROPORTION OF THEIR STRENGTH

• WASHING PLACE SHALL BE PROVIDED.

• SUFFICIENT TABLES, CHAIRS OR BENCHES SHALL BE PROVIDED.

Page 53: factories act karnataka rules 1948

CANTEEN• FOOD AND OTHER ITEMS PREPARED SHALL BE SERVED ON NO

PROFIT AND NO LOSS BASIS

• SUFFICIENT UTENCILS, CROCKERY, CUTLERY AND CANTEEN EQUIPMENT SHALL BE PROVIDED BY THE MANAGEMENT.

• PRICED CHARGED SHALL BE APPROVED BY THE CMC

• ITEMS SERVED AND PRICES LEVIED SHALL BE DISPLAYED

• CANTEEN ACCOUNT SHALL BE AUDITED EVERY YEAR FROM CHARTERED ACCOUNTANT AND BALANCE SHEET SHALL BE MADE AVAILABLE TO THE CANTEEN MANAGING COMMITTEE WITH IN 12 MONTHS.

• CANTEEN MANAGING COMMITTEE SHALL BE APPOINTED BY THE MANAGER

• COMPOSITION IS DEFINED. MANAGEMENT PERSONNEL ARE NOMINATED. WORKERS REPRESENTATIES SHALL BE ELECTED.

• THE MEMBERS CONSISTS OF MINIMUM ONE FOR EVERY 100O WORKMEN, BUT IT SHOULD BE IN ANY CASE NOT MORE THAN 5 AND NOT LESS THAN 2

• DISSOLVED ONCE IN 2 YEARS AND NEW CMC SHALL BE CONSTITUED

Page 54: factories act karnataka rules 1948

CANTEEN• CANTEEN SHALL BE NEAT AND TIDY AND IN SANITARY

CONDITIONS AT ALL TIMES

• THE PERSONS EMPLOYED IN THE CANTEEN SHALL BE SUBJECTED FOR MEDICAL EXAMINATIONS FROM THE FACTORY MEDICAL PRACTITIONER OR CERTIFYING SURGEON ONCE IN A PERIOD OF 12 MONTHS

• THE EXAMINATIONS INCLUDE

• ROUTINE BLOOD EXAMINATION

• BACTERIOLOGICAL TESTING OF FAECES AND URINE

• ANY OTHER SPECIFIC EXAMINATIONS

TO ENSURE THAT THEY ARE FREE FROM ANY POSSIBLE CONTAGIOUS DISEASES.

• CANTEEN FACILITY IS MANDATORY TO ALL CATEGORIES OF THE PERSONS EMPLOYED IN THE FACTORY – SPECIFIC DELIBERATION WITH REFERENCE TO CONTRACT WORKERS HAVE BEEN HELD IN THE COURTS.

• HISTORICAL CITATONS “ GOVERNMENT OF ANDHRA PRADESH V/S BHDRACHALAM PAPER BOARDS LIIMITED, 1990 (60) FLR 517 AP: 1991 1 LLJ 115AP V 1990 76 FJR 58 AP : 1989 I LLN 338 AP

Page 55: factories act karnataka rules 1948
Page 56: factories act karnataka rules 1948

SHELTER, RESTROOM AND LUNCH ROOM• THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT IS MORE

THAN 150

• THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO THE STANDARDS

• HEIGHT 3.7 METERS FROM FLOOR LEVEL, AREA SHOULD BE 1.12 SQUARE METER PER PERSON

• ADEQUAE LIGHTING AND VENTILATION

• CHAIR OR BENCHES WITH BACK REST ARRANGEMENT SHALL BE PROVIDED

• KEPT NEAT AND TIDY AT ALL TIMES

• WASHING FACILITIES AND DRINKING WATER FACILITIES SHALL BE PROVIDED.

Page 57: factories act karnataka rules 1948

CRECHE• THIS WILL BE APPLICABLE IF ORDINARY EMPLOYMENT OF WOMEN

IS MORE THAN 30

• THE ACCOMMODATIONS TO BE PROVIDED SHOULD CONFIRM TO THE STANDARDS

• HEIGHT 3.7 METERS FROM FLOOR LEVEL, AREA SHOULD BE 1.86 SQUARE METER PER CHILD

• ADEQUAE LIGHTING AND VENTILATION

• KEPT NEAT AND TIDY AT ALL TIMES

• EQUIPPED WITH COT, CRADDLE, SUITABLE BEDDING FOR OLDER CHILDREN.

• CHAIR/SEATING ARRANGEMENT FOR FEEDING THE CHILDREN

• ADEQUATE TOYS FOR OLDER CHILDREN

• SUITABLY FENCED SHADY OPEN AIR PLAYGROUND FOR OLDER CHILDREN

Page 58: factories act karnataka rules 1948

CRECHE• WASH ROOM AND TOILET ACCOMMODATION IN CLEAN AND

SANITARY CONDITIONS. MINIMUM 23 LITRES OF WATER PER CHILD SHALL BE AVAILABLE FOR WASHING AND BATHING.

• CLEAN CLOTH, TOWELS AND SOAP SHALL BE PROVIDED

• PROVISION FOR 400 ML OF MILK FOR EVERY CHILD SHALL BE PROVIDED

• MOTHERS OF CHILDREN SHALL BE ALLLOWED TWICE IN THEIR SHIFT TIMINGS FOR A PERIOD OF 15 MINUTES FOR FEEDING THE CHILD

• CHILDREN ABOVE THE AGE OF 2 YEARS SHALL ALSO BE PROVIDED WITH WHOLE SOME REFRESHMENT

• IF FACTORY DOES NOT WORK FOR MORE THAN 180 DAYS, CHIEF INSPECTOR CAN RELAX THE CONDITIONS UPON THE APPLICATION

• CRECHE STAFF - WOMEN INCHARGE AND ONE FEMALE ATTENDANT FOR EVERY 20 CHILDREN

Page 59: factories act karnataka rules 1948
Page 60: factories act karnataka rules 1948
Page 61: factories act karnataka rules 1948
Page 62: factories act karnataka rules 1948

CRECHE

• WOMEN IN CHARGE SHOULD POSSESS NURSES

QUALIFICAITON OR 18 MONTHS CERTIFICATE IN CHILD CARE

EITHER FROM HOSPITAL OR MATERNITY HOME

• ONE SWEEPER SHALL BE EMPLOYED.

Page 63: factories act karnataka rules 1948

WASHING FACILITIES

• ADEQUATE WASHING FACILITES SHALL BE PROVIDED AND MAINTAINED FOR THE USE OF THE WORKERS.

• IF FEMALE WORKERS ARE EMPLOYED SEPARATE WASHING FACILITIES SHALL BE PROIVDED. THE ENTRANCE SHOULD BEAR CONSPICUOUS NOTICE “ FOR WOMEN ONLY”

• WATER SUPPLY TO THE WASHING FACILITIES SHOULD

YIELD AT LEAST 27 LITERS OF WATER FOR EACH

PERSON.

• IF ADEQUATE WATER FACILITY IS NOT AVAILABLE,

EXEMPTION CAN BE OBTAINED TO PROVIDE 4.5

LITRES OF WATER PER PERSON EMPLOYED.

Page 64: factories act karnataka rules 1948
Page 65: factories act karnataka rules 1948
Page 66: factories act karnataka rules 1948

FIRST AID APPLIANCES

• FIRST AID BOXES OR CUPBOARDS SHALL BE DISTINCTIVELY MARKED WITH A RED CROSS ON WHITE BACKGROUND AND CONTAIN THE EQUIPMENT PRESCRIBED.

• EQUIPPED FIRST AID BOXES SHALL BE KEPT IN CHARGE OF PERSONS TRAINED IN THE FIRST AID TREATMENT.

• FIRST AIDER SHOULD HOLD CERTIFICTAE IN FIRST AID TREATMENT RECOGNISED BY THE STATE GOVERNMENT.

• NO. OF FIRST AID BOXES AND CUP BOARDS SHALL BE ONE FOR EVERY 150 WORKERS.

• A NOTICE CONTAINING THE NAMES OF THE PERSONS WORKING IN THE FACTORY AND WHO ARE TRAINED IN THE FIRST AID TREATMENT SHALL BE POSTED ON OR NEAR THE FIRST AID BOXES OR CUPBOARDS.

Page 67: factories act karnataka rules 1948
Page 68: factories act karnataka rules 1948

AMBULANCE ROOM• THIS IS APPLICABLE TO THE FACTORIES WHEREIN MOREN THAN

500 WORKERS ARE EMPLOYED

• ROOM SHALL BE CONSTRUCTED IN ACCORDANCE WITH

STANDARDS AND SPECIFICATIONS PRESCRIBED. MINIMUM 24 SQUARE METER AND SHALL BE SEPARATE FROM THE REST OF THE FACTORY.

• THERE SHALL BE ATTACHED TOILET AND URINAL FACILITY

• DRINKING WATER FACILITY SHALL BE PROVIDED

• THE EQUIPMENT TO BE PROVIDED IN THE AMBULANCE IS PRESCRIBED

• NAME AND ADDRESS OF FACTORY MEDICAL OFFICER, PHONE NUMBER OF NEAREST HOSPITAL SHALL BE POSTED IN THE AMBULANCE ROOM.

• AMBULANCAE ROOM SHALL BE INCHARGE OF A WHOLE TIME MEDICAL PRACTITIONER, QUALIFIED NURSE OR DRESSER COMPOUNDER, NURSING ATTENDANT IN EACH SHIFT.

Page 69: factories act karnataka rules 1948

AMBULANCE ROOM

• AN AMBULANCE VAN SHALL BE PROVIDED TO REMOVE SERIOUS CASES OF ACCIDENT OR SERIOUS SICKNESS IN A GOOD CONDITIONS.

• EXEMPTION IS REQUIRED TO BE OBTAINED FROM DIRECTOR WITH THE APPROVAL OF GOVERNMENT REGARDING KEEPING A DOCTOR IN ALL THE THREE SHIFTS.

• EXEMPTION WILL BE GIVEN UNDER CERTAIN CONDITIONS.

Page 70: factories act karnataka rules 1948
Page 71: factories act karnataka rules 1948
Page 72: factories act karnataka rules 1948
Page 73: factories act karnataka rules 1948
Page 74: factories act karnataka rules 1948
Page 75: factories act karnataka rules 1948

STATUTORY APPOINTMENTS/RECOGNITION

• SAFETY OFFICER

• WELFARE OFFICER

• MEDICAL OFFICER

• COMPETENT & QUALIFIED SUPERVISORS

• COMPETENT PERSON

• ACCREDITION AGENCIES TO CONDUCT SAFETY

AUDITS.

Page 76: factories act karnataka rules 1948

SAFETY OFFICER

Page 77: factories act karnataka rules 1948

SAFETY OFFICER

• IT IS A STATUTORY APPOINTMENT

• WHEREIN ONE THOUSAND OR MORE WORKERS ARE EMPLOYED

• STATE GOVERNMENT CAN NOTIFIY FACTORIES TO EMPLOY QUALIFIED

SAFETY OFFICER OWING TO ITS HAZARDOUS ACTIVITY/POTENTIAL

• QULIFICATIONS

• DEGREE IN ANY BRANCH OF ENGINEERING AND HAS HAD PRACTICAL

EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY

CAPACIATY FOR A PERIOD OF NOT LESS THAN TWO YEARS OR

• DEGREE IN PHYSICS OR CHEMISTRY AND HAS HAD PRACTICAL

EXPERIENCE OF WORKING IN A FACTORY IN A SUPERVISORY

CAPACITY FOR A PERIOD NOT LESS THAN FIVE YEARS OR

• DEIPLOMA IN ANY BRANCH OF ENGINEERING AND HAS HAD

PRACTICAL EXPERIENCE OF WORKING IN A FACTORY IN A

SUPERVISORY CAPACITY FOR APERIOD OF NOT LESS THAN FIVE

YEARS

Page 78: factories act karnataka rules 1948

SAFETY OFFICER• POSSESS DEGREE OR DIPLOMA IN INDUSTRIAL SAFETY RECOGNISED BY

THE STATE GOVERNMENT

• HAS ADEQUATE KNOWLEDGE OF THE LANGUAGE SPOKEN BY MAJORITY

OF THE WORKERS IN THE REGION WHERE THE FACTORY IS LOCATED

• ANY PERSON

• POSSESSES DEGREE OR DIPLOMA IN ENGINEERING AND HAS HAD

EXPERIENCE OF NOT LESS THAN 5 YEARS IN THE DEPARTMENT OF

THE CENTRAL OR STATE GOVERNMENT WHICH DEALS WITH

ADMINISTRATION OF “ THE FACTORIES ACT, 1948 OR “THE INDIAN

DOCK LABOURERS ACT, 1934 OR

• POSSESSES DEGREE OR DIPLOMA IN ENGINEERING AND HAS HAD

EXPERIENCE OF NOT LESS THAN 5 YEARS OF FULL TIME ON

TRAINING, EDUCATION, CONSULTANCY, OR RESEARCH IN THE FIELD

OF ACCIDENT PREVENTIONIN INDUSTRY OR IN ANY INSTITUTION

SHALL ALSO ELIGIBLE FOR SAFETY OFFICER.

Page 79: factories act karnataka rules 1948

SAFETY OFFICER

NO. OF SAFETY OFFICERS TO BE EMPLOYED?

• MORE THAN 1000 AND LESS THAN 2000 - 1

• MORE THAN 2000 AND LESS THAN 4000 - 2

• MORE THAN 4000 AND LESS THAN 6000 - 3

• ABOVE 6000 AND NOT EXCEEDING 8000 - 4

• ABOVE 8000 AND NOT EXCEEDING 10000 - 5

• FOR EVERY INCREASE OF 3000 OR PART THEREOFF - 1

GOVERNMENT NOTIFICATION NO. SWL 52 LFB 82 DATED 27.6.1983

Page 80: factories act karnataka rules 1948

Welfare Officer

• Statutory appointment

• Mandatory incase of workers

strength is more than 500

• Separate rules governing duties,

qualification and conditions of service

is in force.

Page 81: factories act karnataka rules 1948

THE KARNATAKA WELFARE OFFICERS (DUTIES, QUALIFICATIONS AND CONDITIONS OF SERVICE)

RULES, 1963

Salient features of the legislation

• THESE RULES ARE PRESCRIBED UNDER SECTION 49 AND 50 OF THE FACTORIES ACT, 1948. IN FORCE FROM 1963 AND BEING AMENDED FROM TIME TO TIME. THERE ARE 9 RULES

• Number of welfare officers required is one for 500 or more to 2000 workers.

• Additional welfare officer for every additional 2000

• Qualification is prescribed - degree from the university recognized by the Government and obtained a degree or diploma in social science with PM and IR and labour welfare as their papers.

• He should have adequate knowledge of the language spoken by the majority of the workers.

• Duties have been clearly prescribed.

• He is not supposed to deal with disciplinary cases or appear on behalf of occupier against workers.

Page 82: factories act karnataka rules 1948

MEDICAL OFFICER

• IT IS A STATUTORY APPOINTMENT

• WHEREIN FIVE HUNDRED OR MORE WORKERS ARE EMPLOYED

• QULIFICATION AND CONDITIONS

• PERSON HOLDING A QUALIFICATION GRANTED BY THE

AUTHORITY SPECIFIED IN THE SCHEDULE TO THE INDIAN

MEDICAL DEGREE ACT, 1916

• ONE QUALIFIED MEDICAL PRACTITIONER IN EACH SHIFT

• EXEMPTION CAN BE OBTAINED IN EMPLOYING MEDICAL

PRACTITIONER IN EACH SHIFT BY MAKING AN

APPLICATION TO THE CHIEF INSPECTOR WITH THE

PERMISSION OF THE GOVERNMENT.

Page 83: factories act karnataka rules 1948

QUALIFIED SUPERVISORS• THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING

HAZARDOUS PROCESSES

• QUALIFICATIONS PRESCRIED IS

• A DEGREE IN CHEMISTRY OR DIPLOMA IN CHEMICAL

ENGINEERING OR TECHNOLOGY WITH 5 YEARS OF

EXPERIENCE

OR

• A MASTER DEGREE IN CHEMISTRY OR A DEGREE IN

CHEMICAL ENGINEERING OR TECHNOLOGY WITH 2 YEARS

EXPERIENCE.

• THE EXPERIENCE STIPULATED ABOVE SHALL BE IN

PROCESS OPERATION AND MAINTENANCE IN THE

CHEMICAL INDUSTRY.

• THE CHIEF INSPECTOR MAY REQUIRE THE SUPERVISOR TO

UNDERGO TRAINING IN HEALTH AND SAFETY

Page 84: factories act karnataka rules 1948

COMPETENT PERSON• PERSON OR INSTITUTIONS RECOGNISED BY THE DIRECTORATE

TO CONDUCT REQUIRED TESTS AND EXAMINATIONS PRESCRIBED UNDER THE ACT. THE VARIOUS AREAS INCLUDES:

• LIFTING MACHINES, HOISTS, LIFTING TACKLES

• EQUIPMENT OR PART OF THE EQUIPMENT WORKING UNDER PRESSURE.

• CENTRIFUGAL MACHINES

• POWER PRESSES

• RACTION VESSELS,

• GAS HOLDERS

• BLASTING ENCLOSURES

• EQUIPMENT OR SYSTEM PROVIDED FOR EXTRACTION OF DUST

• SOLVENT EXTRACTION PLANTS

Page 85: factories act karnataka rules 1948

AUDITS AND ACCREDITONS

• THIS IS APPLICABLE IN RESPECT OF INDUSTRIES INVOLVING

HAZARDOUS PROCESSES

• AUDITS SHALL BE INTERNALLY ONCE IN A YEAR & EXTERNALLY

ONCE IN TWO YEARS BY A COMPETENT AGENCY ACCREDITED .

• AUDIT REPORTS SHALL BE FURNISHED TO THE CHIEF

INSPECTOR ALONG WITH COMPLIANCE.

• ANY MODIFICATION IS MADE IN AN INDUSTRY, THE SAFETY

REPORTS IS REQUIRED TO BE UPDATED.

Page 86: factories act karnataka rules 1948

EXEMPTION PROVISIONS TO WORK ON SUNDAY

TO CARRYOUT EXCEPTIONAL PRESSURE OF WORK

TO MAINTAIN CRECHE

TO EMPLOY WOMEN WORKERS UP TO 10PM

TO INCREASE THE SPREADOVER TIME IN A SHIFT

LEAVE RULES

EXEMPTION IN CASE OF OVER CROWDING

EXEMPTION OF WORKSHOP OR WORK PLACES ATTACHED TO INSTITUTION MAINTIANED FOR THE

PURPOSE OF TRAINING, EDUCATION OR REFORMATION

MOTOR VEHICLE SPEED INSIDE THE PREMISES

TO EMPLOY MEDICAL OFFICERS IN ALL THE SHIFTS.

Page 87: factories act karnataka rules 1948

FORMATION AND PARTICIPATION IN COMMITTEES

Page 88: factories act karnataka rules 1948

FORMATION AND PARTICIPATION IN COMMITTEES

SAFETY COMMITTEE

CANTEEN MANAGEMENT COMMITTEE

WORKS COMMITTEE

SEXURAL HARASSEMENT PREVENTION COMMITTEE

Page 89: factories act karnataka rules 1948

WORKING HOURS FOR ADULTS

Act regulates the working hours for adult workers employed in the factories

• Weekly hours / Daily hours;

• Weekly holidays

• Interval for rest

• Extra wages for overtime

• Spread over – 10½ hours – 12 hours

• Restriction of double employment

• Notice of periods of work – contrary is not allowed

• Power to make exempting orders

• Restriction on employment of women

Page 90: factories act karnataka rules 1948

ANNUAL LEAVE WITH WAGES

One day for every twenty days

Eligibility :

• 240 days in a calendar year – his/her service is from beginning of the calendar year;

• 2/3rd of the calendar year – his/her service begins in the middle of calendar year

• Issue of leave books in Form no. 15

• Leave with wages register in Form no. 14

• Any discharge / dismissal – benefit shall be settled immediately.

Page 91: factories act karnataka rules 1948

PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERS

• Crèche - > 30 women workers

• Restroom / shelters and lunch room - > 150 workmen

• Cooled drinking water - > 250 workers

• Canteen - > 250 workers

• Ambulance room – Doctor, Nurse and Dresser cum compounder - > 500 workers

• Welfare officer - > 500 workers

• Lady welfare officer - > more nos. of women workers

• Safety officer - > 1000 workers

• Occupational health centre – Industries involving in hazardous

process

Page 92: factories act karnataka rules 1948

PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERS

Occupational health centre – Industries grouped under Section 2(cb) – compliance is mandatory.

• Employing up to 50 workers

• Factory Medical officer on retainer ship basis

• He will carry out pre employment and periodical medical examinations.

• Minimum of five persons trained in first aid, one shall always during the working period.

Page 93: factories act karnataka rules 1948

PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERSOccupational health centre – Industries involving

hazardous process – provision is mandatory.

• Employing up to 51 - 200 workers

• OHC having a room with minimum floor area 15 sq.meter.

• Factory Medical officer on part time basis - visit the factory twice in a week.

• He will carry out preemployment and periodical medical examinations.

• One qualified and trained dresser cum compounder on duty throughout the working period.

Page 94: factories act karnataka rules 1948

PROVISIONS IN THE ACT, CORRESPONDING TO STRENGTH OF THE WORKERSOccupational health centre – Industries – 2(cb) – provision

is mandatory.

• Employing more than 200 workers

• OHC having two rooms with minimum floor area 15 sq.meter.

• One full time Factory Medical officer up to 500 and one more for every additional 1000 workers.

• He will carry out preemployment and periodical medical examinations.

• One nurse, One qualified and trained dresser cum compounder on duty throughout the

working period.

Page 95: factories act karnataka rules 1948

PROVISIONS IN THE ACT, CORRESPONDING TO

WOMEN WORKERS

Page 96: factories act karnataka rules 1948

WOMEN EMPLOYMENT IN FACTORIES

Page 97: factories act karnataka rules 1948

FACTORIES ACT – WOMEN WORKERS

• Prohibits the employment of women from 7 pm

to 6 am.

• Prohibits overtime work

• Act permits the Government to notify the

factories to employ women workers up to

10pm with conditions

• Government has notified 15 categories of

factories under 2 notifications;

• One in one notification

• Fourteen in another notification.

SALIENT FEATURES

Page 98: factories act karnataka rules 1948

FACTORIES ACT – WOMEN WORKERS• The conditions under which the exemptions is granted are

• Written consent from the employee

• Free transport up to their residence

• 9 hours of rest after completion of work to the fresh period of work in the following day

• No overtime work

Act bars employment of women workers from 10 pm to 5 am totally.

• Act bars employment of women to clean, lubricate any part of the equipment

• Act bars employment of women workers in hazardous processes

Page 99: factories act karnataka rules 1948

FACTORIES ACT – CHILD LABOURFACTORIES ACT – CHILD LABOUR

Page 100: factories act karnataka rules 1948

FACTORIES ACT – CHILD LABOUR• Bars the employment of persons below the age of 14

• Act permits the employment of child and adolescent to work in factories subject to condition of obtaining certificate of fitness from the certifying surgeon.

Child – more than 14 and less 15;

Adolescent – more than 15 and less than 18

• Working hour for child is four and half hour per day

• Double employment of child is prohibited

• Working hours for adolescent is as that of adult.• Act bears employment of child and young persons on

dangerous machines – power press, hydraulic, presses, milling machine, guillotine machine

• Act bars employment of child and adolescent on dangerous manufacturing processes

Page 101: factories act karnataka rules 1948

MAINTENANCE OF REGISTERS

• Muster roll cum Register of wages/salary /Subsistence allowance – Form No.22

• Register of adult workers – Form No. 11

• Register of leave with wages – Form no. 14

• Inspection book – Form no. 6, 28 & 29

• Register of accident or dangerous occurrence – Form no.23

• Register of overtime muster roll for exempted workers – Form no. 9;

• Health register – Form no. 16 & 38

• Register of absenteeism or Sickness – Form no. 40

Item no. 1 & 3 are prescribed under four important legislations

Page 102: factories act karnataka rules 1948

MAINTENANCE OF REGISTERS

• THE REGISTERS SHALL BE WRITTEN AFRESH EACH

MONTH.

• THE REGISTERS SHALL BE PRESERVED FOR A

PERIOD OF 3YERAS

• NO EXEMPTION CAN BE OBTAINED IN MAINTAINING

THE REGISTERS.

Page 103: factories act karnataka rules 1948

DISPLAY OF NOTICESDISPLAY OF NOTICES

• Notice of periods of work

• An abstract of the act and rules

• Cautionary notices

• Safety posters, catchy safety slogans

• Name and address of the Inspector

• Name of the Medical Officer

Page 104: factories act karnataka rules 1948

DISPLAY OF NOTICESDISPLAY OF NOTICES

• ALL THE NOTICES TO BE DISPLAYED IN FACTORIES

SHALL BE IN ENGLISH AND IN A LANGUAGE

UNDERSTOOD BY THE MAJORITY OF THE

WORKERS. - S.108

• NOTICES SHALL BE DISPLAYED AT CONSPICUOUS

PLACE AND SHALL BE MAINTAINED IN CLEAN AND

LEGIBLE CONDITIONS. - 108

Page 105: factories act karnataka rules 1948
Page 106: factories act karnataka rules 1948

RETURNS/NOTICES TO BE SUBMITTED• Combined Annual return - Form no. 20 ( on or before

1st Feb)

• Annual return under PWA – Form no. IV ( on or

before 15th Feb)

• Half yearly return - Form no. 21 ( on or before 15th

July)

• Accident return - Form no. 17 ( for reporting of fatal

and reportable accident)

• Form no. 23 ( on or before 5th of subsequent month)

• Intention to work on Sunday

Page 107: factories act karnataka rules 1948

STATUTORY INFORMATIONS TO BE SHARED 1. INFORMATION, INSTRUCTION & TRAINING ON SHE MANAGEMENT.

2. LEAVE CARDS SHOWING THEIR ENTITLED ACCOUNT

3. OVERTIME SLIPS IMMEDIATELY AFTER COMPLETION OF OVERTIME

4. MSDS IN RESPECT OF CHEMICAL SUBSTANCES USED, HANDLED

AND STORED.

5. STANDARD OPERATING PROCEDURES IN RESPECT OF COMPLEX

PROCESSES

6. JOB SAFETY INSTRUCTIONS IN RESPECT OF CRITICAL ACTIVITIES.

7. ON THE JOB TRAINING, EDUCATION & INFORMATION – INDUCTION

PROGRAMMES.

8. CONTINUOUS TRAINING CURRICULUM

Page 108: factories act karnataka rules 1948

ACCIDENTS

Page 109: factories act karnataka rules 1948

Oh !!! This is due to over confidence

Page 110: factories act karnataka rules 1948

ACCIDENT, DANGEROUS OCCURRENCES AND DISEASES

Accidents

• Reportable accidents shall be reported in Form no. 17, within 72 hours from the from the time of occurrence of accidents.

• Fatal accident shall be reported within in 12 hours

• Fatal Accidents are Required to be reported to:

• Inspector,

• District Magistrate or Sub Divisional Magistrate,

• Officer in charge of the nearest police station

• Relatives of the injured or deceased person

Fatal

Non fatal

Page 111: factories act karnataka rules 1948

ACCIDENT, DANGEROUS OCCURRENCES AND DISEASES

• ACCIDENT IS REQUIRED TO BE INVESTIGATED TO FIND OUT THE CAUSES

• IF ANY VIOLATIONS ARE NOTICED, IT WILL END UP WITH PROSECUTIONS

• CAN POLICE AUTHORITY FILE LEGAL CASE IN CASE OF A FATAL ACCIDENT IN SIDE THE PREMISES OF THE FACTORY?

• PROSECUTION LAUNCHED UNDER SECTION 92 AND 95 OF THE FACTORIES ACT BY THE FACTORY INSPECTOR PERTAINING TO AN OCCURRENCE A FATAL ACCIDENT WITHIN THE FACTORY REMISES WILL DEBAR THE PROCEEDINGS UNDER SECTION 342 OF THE CRIMINAL PROCEDURE CODE.

• RULING - 2007 LLR 866 - JHARKHAND HIGH COURT - IN CRIMINAL M.P NO. 386 OF 2006 DATED 2ND DECEMBER 2006

Page 112: factories act karnataka rules 1948

DANGEROUS OCCURRENCES

(which does not result in death or bodily injury)(which does not result in death or bodily injury)

• Bursting of plant or vessel working under pressure

• Collapse of lifting equipment

• Explosion or fire causing damage

• Collapse of floor, gallery, roof, etc.

The Said incidents also shall be reported in Form no. 17A WITH IN 12 HOURS FROM THE INCIDENT.

These incidents also requires to be investigated to unearth the causes

Page 113: factories act karnataka rules 1948

• 29 industries have been listed as industries involving hazardous processes have been listed at the

THE FIRST SCHEDULE THE FIRST SCHEDULE (See Section 2 (cb) (See Section 2 (cb)

INDUSTRIES INVOLVNG HAZARDOUS PROCESSES

Page 114: factories act karnataka rules 1948

1. Ferrous Metallurgical Industries

2. Non-ferrous Metallurgical Industries

3. Foundries (ferrous and non-ferrous)

4. Coal (including coke) industries

5. Power generating industries

6. Pulp and paper (including paper products) industries

List of Industries involving Hazardous ProcessesList of Industries involving Hazardous Processes

7. Fertilizer industry

8. Cement industries

9. Petroleum industries

10. Petrochemical industries

11. Drugs and pharmaceutical industries

12. Fermentation Industries (Distilleries and Breweries)

13. Rubber (Synthetic) industries

14. Paints and pigment industries

15. Leather tanning industries

Page 115: factories act karnataka rules 1948

List of Industries involving Hazardous ProcessesList of Industries involving Hazardous Processes

16. Electro – plating industries

17. Chemical industries

18. Insecticides, fungicides, herbicides and other pesticides industries

19. Synthetic resin and plastics

20. Man-made fiber (cellulosic and non-cellulosic) industry

21. Manufacture and repair of electrical accumulators

22. Glass and ceramics

23. Grinding or glazing of metals

24. Manufacture, handling and processing of asbestos and its products

25. Extraction of oils and fats from vegetable and animal source

26. Manufacture, handling and use of benzene and substances containing benzene

27. Manufacturing processes and operations involving carbon disulphide

28. Dyes and dyestuff including their intermediates

29. Highly flammable liquids and gases

Page 116: factories act karnataka rules 1948

PROVISIONS RELATING TO HAZARDOUS PROCESS

SPECIFIC OBLIGATIONS UPON THE MANAGEMENT

Page 117: factories act karnataka rules 1948

PROVISIONS RELATING TO HAZARDOUS PROCESSES

1. CLEARANCE FOR SITING INDUSTRIES

2. DISSEMINATION OF INFORMATIONS ON HAZARDS, MEASURES

3. PREPARATION OF ON SITE EMERGENCY PLAN

4. SAFETY COMMITTEE

5. HEALTH AND SAFETY POLICY

6. MEDICAL EXAMINATIONS – AVAILABILITY OF HEALTH RECORDS

7. DECONTAMINATION FACILITIES

8. OCCUPATIONAL HEALTH CENTRES/AMBULANCE VAN

9. EMPLOYMENT OF QUALIFIED AND COMPETENT SUPERVISORS

10. CONDUCTING PERIODICAL SAFETY AUDITS

11. CLEARANCE FROM POLLUTION CONTROL BOARD

Page 118: factories act karnataka rules 1948

HAZARDOUS PROCESSES AND DANGEROUS OPERATIONS

• 26 operations or processes have been identified as dangerous

•COMPREHENSIVE RULES IN RESPECT OF EACH OPERATIONS OR PROCESSES HAVE BEEN FRAMED AND PUBLISHED

Page 119: factories act karnataka rules 1948

DANGEROUS MANUFACTURING PROCESSES

• Manufacture of aerated waters and processes incidental thereto

• Electrolytic plating or oxidation of metal articles by use of electrolyte

• Manufacture and repair of electric accumulators

• Glass manufacture

• Grinding or glazing of metals

• Manufacture and treatment of lead and certain compounds of lead

• Generating petrol gas from petrol

• Cleaning of smoothening, roughening of articles by a jet of sand, metal shot or grit or other abrasive propelled by blast of compressed air or steam

Page 120: factories act karnataka rules 1948

DANGEROUS MANUFACTURING PROCESSES

• Liming and tanning of rawhides, skins, and processes incidental thereto

• Certain lead processes carried on in printing processes and type foundries

• Manufacture of pottery

• Chemical works

• Manipulation of stone or any other materials containing free silica

• Handling and processing of asbestos

• Handling of manipulation of corrosive substances

• Compression of oxygen and hydrogen produced by electrolysis of water

Page 121: factories act karnataka rules 1948

DANGEROUS MANUFACTURING PROCESSES

• Process of extracting oil and fats from vegetable and animal sources using solvent

• Manufacture or manipulation of manganese

• Manufacture and manipulation of dangerous pesticides

• Manufacture, handling and use of benzene

• Manufacturing process or operations in carbon disulfide plants

• Manufacture or manipulation of carcinogenic dye-intermediate

• Operations involving high noise level

• Manufacture of rayon by viscose process

• Highly inflammable liquids and flammable compressed gases

• Operation in foundries

Page 122: factories act karnataka rules 1948

Specific directions

DANGEROUS MANUFACTURING PROCESSES

Page 123: factories act karnataka rules 1948

Specific directions in these type of hazardous processes

• These processes have been defined as dangerous;

• Prohibits the employment of women, adolescents or

children

• Mandates for periodical medical examinations of persons

employed or seeking to be employed

• Prohibits the employment of persons not certified as fit for

such employment.

• Emphasizes on specific personal protective equipment and

clothing's

• Prescribes additional welfare facilities.

• Clearance from KSPCB for disposal of trade waste is a must.

DANGEROUS MANUFACTURING PROCESSES

Page 124: factories act karnataka rules 1948

NOTICE OF POISONING OR DISEASE

A NOTICE OF POISONING OR DISEASE SHALL BE FURNISHED IN FORM NO. 18 BY THE MANAGER,

AUTHORITIEES TO WHOM THE FORM IS REQUIRED TO BE FURNISHED

• CHIEF INSPECTOR

• CERTIFYING SURGEON

• ADMINISTRATIVE MEDICAL OFFICER OF ESI

WHEN ?

FORTHWITH!

Page 125: factories act karnataka rules 1948

LIST OF NOTIFIABLE DISEASES 1 Lead poisoning

2 Lead tetra ethyl poisoning

3 Phosphorous poisoning

4 Mercury poisoning

5 Manganese poisoning

6 Arsenic poisoning

7 Poisoning by nitrous fumes

8 Carbon disulfide poisoning

9 Benzene poisoning

10 Chrome ulceration

11 Anthrax

12 Silicosis

Page 126: factories act karnataka rules 1948

LIST OF NOTIFIABLE DISEASES

13 Poisoning by halogen or halogen derivatives

14 Pathological manifestation due to

• Radium or other radio active substances

• X-rays

15 Primary epitheliomatous cancer

16 Toxic anemia

17 Toxic jaundice due to poisonous substances

18 Oil acne or dermatitis due to mineral oil

19 Byssionosis

20 Asbestosis

21 Occupational or contact dermatitis due to chemical or paints

Page 127: factories act karnataka rules 1948

LIST OF NOTIFIABLE DISEASE

22 Noise induced hearing loss

23 Beryllium poisoning

24 Carbon monoxide poisoning

25 Coal miners pneumoconiosis

26 Phosgene poisoning

27 Occupational cancer

28 Isocyanides poisoning

29 Toxic nephritis

• Any diagnosis reveals about the contractment of any of the disease shall be immediately intimated by the Factory Manager.

• The said contractment of disease may be enquired by appointing competent person by the state government.

Page 128: factories act karnataka rules 1948

3 SCHEDULES

1. INDUSTRIES INVOLVING HAZARDOUS PROCESSES;

2. PERMISSIBLE LEVELS OF CERTAIN CHEMICAL SUBSTANCES AT THE WORK ENVIRONMENT

3. LIST OF NOTIFIABLE DISEASES.

TOTALLY 3 SCHEDULES ARE APPENDED TO THE ACT DETAILING

Page 129: factories act karnataka rules 1948

OBLIGATION OF WORKERS - Sec.111

No worker in a factory

• Shall willfully interfere with or misuse any appliance, convenience or other thing provided in a factory for the purposes of securing the health, safety or welfare of the workers.

• Shall willfully and without reasonable cause do any thing likely to endanger himself or others and

• Shall willfully neglect to make use of any appliance or other thing provided in the factory for the purposes of securing the health or safety of the workers.

If any of the workers employed contravened any of the said provision, he shall be punishable with imprisonment for a term, which may extend to one hundred rupees or both.

Page 130: factories act karnataka rules 1948

RIGHT OF WORKERS

Every workers shall have the right to

• Obtain from the occupier, information relating to workers health

and safety at work

• Get trained within the factory wherever possible, or to get

himself sponsored by the occupier for getting trained at a

training centre or institute, duly approved the Chief Inspector of

Factories, where training is imparted on safety, health and

welfare.

• Represent to the Inspector directly or through his representative

in the matter of inadequate provisions for protection of his health

or safety in the factory.

Page 131: factories act karnataka rules 1948

GENERAL INFORMATIONGENERAL INFORMATION

• OCCUPIER AND MANAGER CARRIES VICARIOUS LIABILITY.

• THERE IS A PROVISION FOR EXEMPTION OF OCCUPIER OR

MANAGER FROM LIABILITY IN CERTAIN CASES.

• THE DIRECTOR MAY UNDERTAKE SAFETY AND OCCUPATIONAL

HEALTH SURVEYS IN FACTORIES IF IT IS FOUND NECESSARY –

OCCUPIER AND MANAGER SHALL AFFORD ALL FACILTIES FOR

SUCH SURVEY.

• THE GOVERNMENT MAY APPOINT A COMPETETN PESON

TOINQUIRE INTO THE CAUES OF ANY ACCIENT OCCURING INA

FACTORY OR INTO ANY CASE WHERE DISEASE SPCFIED THE

SCHEDULE HAVE BEEN CONTRCTED.

• INSPECTOR IS HAVING THE POWER TO TAKE SAMPLES

• THE INSPECTOR IS HAVING POER TO PROIBIT EMPLOYMENT ON

ACCOUNT OF SERIOUS HAZARD.

Page 132: factories act karnataka rules 1948

GENERAL INFORMATION

• THERE IS A PROVISION FOR AMALGAMATION OF TWO

DIFFERENT DEPARTMENTS TO BE SEPARATE FACTORY OR

TWO OR MORE FACTORIES TO BE A SINGLE - SECTION 4

• THE DESPATCH BY POST UNDER RPAD DUE OF ANY NOTICE

OR ORDER SHALL BE DEEMED SUFFICIENT SERVICE ON THE

OCCUPIER & MANAGER – RULE 135 OF KFR 1969

• THERE IS APPEAL PROVISION UNDER THE LAW AGAINST ANY

ORDER SERVED BY THE INSPECTOR BEFORE THE CHIEF

INSPECTOR WITHIN 30 DAYS – SECTION 107

• INSPECTOR CAN ASK FOR ANY INFORMATION FOR THE

PURPOSE OF SATISFYING HIMSELF WITH THE COMPLIANCE TO

THE PROVISIONS – RULE 136.

• THE OCCUPIER AND MANAGER SHOULD SUPPLEMENT THE

SAME WITHIN SEVEN DAYS

Page 133: factories act karnataka rules 1948

GENERAL INFORMATION

• IN CASE OF DEATH OF ANY PERSON ON SERVICE THE

BALANCE OF PAY DUE FOR THE PERIOD OF LEAVE WAGES

NOT AVAILED OF SHALL BE PAID TO HIS NOMINEE WITHIN A

WEEK OF THE INTIMATION OF DEATH – RULE 126

• TO DO THIS NOMINATION SHALL BE OBTAINED IN FORM

NO.25 APPENDED TO THE RULES.

• AS FAR AS THE CIRCUMSTANCES PERMIT, MEMBERS OF THE

SAME FAMILY, HUSBAND AND WIFE SHALL BE ALLOWED

ANNUAL LEAVE WITH WAGES ON THE SAME DATE – RULE125

• NO CHARGE FOR FACILITIES OR CONVENIENCES PROVIDED

EXCEPT UNDER SECTION 46 – SECTION 114

Page 134: factories act karnataka rules 1948

PENALTY FOR ANY VIOLATIONS

• No minimum fine is fixed

• Maximum fine fixed is Rs.1,00,000/- or two years

imprisonment or both.

• In case of fatal accident if the contravention is

noticed from Chapter IV - Rs. 25,000/-

minimum

• In case of serious accident Rs. 5,000/-

• Enhanced penalty after previous conviction is very

severe.

• Any contravention under chapter IVA – penal

provisions are very stringent.

Page 135: factories act karnataka rules 1948

VIEWS OF THE APEX COURT OF THE

COUNTRY ABOUT THE LEGISLATION

Page 136: factories act karnataka rules 1948

VIEWS OF THE APEX COURT OF THE COUNTRY

• Primary object of the Act is to protect the workers employed in the factories against industrial and occupational hazards ( Bhikusa Vamsa Kshatria V/s Union India, AIR 1963 SC 779)

• Object of the Act is to secure health, safety, welfare, proper working hours, leave and other benefits for the workers employed in factories (AIR 1967 SC 1364)

• Factories Act is a social enactment to achieve social reform and it must receive liberal construction to achieve legislative purpose without doing violence to the language (Central Railway Workshop, Jhansi V/s Vishwanath AIR 1970 SC 488)

• Provision of the Act must be given liberal construction (Alembic Chemical Works Co. Ltd V/s AIR 1961 SC 647.

FACTORIES ACT, 1948FACTORIES ACT, 1948

Page 137: factories act karnataka rules 1948

• MEANINGFUL INSPECTIONS ARE CONDUCTED TO EDUCATE AND SENSITIZE THE CONCERNED ON THE ISSUES OF SHE MANAGEMENT

• TRAINING PROGRAMMES ARE BEING CONDUCTED TO VARIOUS CATEGORIES OF PERSONNEL TO CREATE AWARENESS AMONGST THE CONCERNED

• INFORMATION SHARING SYSTEM IS IN VOGUE

• DIRECTORATE OFFICE IS WORKING AS HELP DESK TO PROVIDE ALL NECESSARY INFORMATION IN PREPARATION OF APPLICATIONS, DOCUMENTS ETC., TO THE NEEDY

• AVAILABLE FOR DISCUSSIONS AT ALL TIMES WHO IS COMPLIANT AND HAVE RESPECT FOR THE LAW

• SEVERAL NOTIFICATIONS REGARDING AMENDMENTS ARE BEING CIRCULATED FOR KNOWLEDGE AND INFORMATION

• THE OFFICE IS READY TO SHARE THE PLATFORM TO DISCUSS, LEARN OR TO KNOW ON ANY ISSUES PERTINENT TO THE AREA CONCERNED.

PROACTIVE APPROACH OF THE DEPARMENTPROACTIVE APPROACH OF THE DEPARMENT

Page 138: factories act karnataka rules 1948

Statistics at a glance - State• Total number of registered factories: 13200

• Total number of employees: 13,12,235

• Total number of women employees: 2,96,586

• Total number of MAH factories: 77 in 16 districts

• Total number of industries involving hazardous process: 800

• Head quarter: Bangalore

• Offices are Located : 12 Districts in the State

• No. of enforcement officers: 45 with 200 staff.

• No. of Fatal accidents - 75 per year

• No. of reportable accidents – 1500 per year

Page 139: factories act karnataka rules 1948

• UNDERSTANDING OF THE LAW,

• COMPLYING WITH LEGAL REQUIREMENTS,

• REGULAR HR & SAFETY AUDIT TO REVIEW THE COMPLIANCE

• POSITIVE ATTITUDE

ARE THE NEED OF THE HOUR

Page 140: factories act karnataka rules 1948

DC JAGADEESH B.E (Mech)

DEPUTY DIRECTOR OF FACTORIES

98450 72113