Chapter - V

WELFARE

 

   83.    Washing facilities  

   84.    Facilities for keeping clothing

   85.    First-aid appliances

   86.    Notice regarding first-aid   

   87.    Ambulance room

   88.    Canteens                              

   89.    Dining Hall    

   90.    Equipment                

   91.    Prices to be charged

92.       Accounts

93.       Managing Committee  

94.       Annual medical examination

   95.    Shelters, rest rooms and lunch rooms

   96.    Creches

   97.    Wash rooms

   98.    Supply of milk and refreshments

   99.    Clothes for creche staff

  100.  Exemption from provisions of creches      

  101.  Welfare Officers                   

 

(2)              The building in which the crèche is situated shall be soundly constructed and all the walls and roof shall be of suitable heat resisting materials and shall be water-proof.  The floor and internal walls of the creche shall be so laid or finished as to provide a smooth impervious surface.

 

(3)              The height of the rooms in the building shall be not less than 3.65 metres from the floor to the lowest part of the roof and there shall not be less than 1.86 square metres of floor area for each child to be accommodated.

 

(4)              Effective and suitable provision shall be made in every part of the creche for securing and maintaining adequate ventilation by the circulation of fresh air.

 

(5)              The creche shall be adequately furnished and equipped and in particular there shall be one suitable cot or cradle with the necessary bedding for each child (provided that for children over two years of age it will be sufficient if suitable bedding is made available), at least on chair or equivalent seating accommodation for the use of each mother while she is feeding or attending to her child, and a sufficient supply of suitable toys for the elder children.

 

(6)              A suitably fenced and shady open air playground shall be provided for the elder children :

 

Provided that the Chief Inspector may by order in writing exempt any factory from compliance with this sub-rule if he is satisfied that there is not sufficient space available for the provision of such a play-ground.

 

 

97.      Washroom.

 

(1)                here shall be in or adjoining the creche a suitable washroom for the washing of the children and their clothing.  The washroom shall conform to the following standards :-

 

(a)         floor and internal walls of the room to a height of 90 centimetres shall be so laid or furnished as to provide a smooth impervious surface.  The room shall be adequately lighted and ventilated and the floor shall be effectively drained and maintained in a clean and tidy condition;

 

(b)         there shall be at least one basin or similar vessel for every four children accommodated in the crèche at any one time together with a supply of water provided, if practicable, through taps from a source approved by the Health Officer.  Such source shall be capable of yielding for each child a supply of at least 25 litres of water a day; and

 

(c)          an adequate supply of clean clothes, soap and clean towels shall be made available for each child while it is in the crèche.

 

(2)                Adjoining the washroom referred to in sub-rule (1), a latrine shall be provided for the sole use of the children in the creche.  The design of latrine and the scale of accommodation to be provided shall either be approved by the Public Health authorities or, where there is no such Public Health authority, by the Chief Inspector of Factories.

 

 

98.      Supply of milk and refreshments

 

At least a quarter litre of clean pure milk shall be available for each child on every day on every day it is accommodated in the creche and the mother of such a child shall be allowed in the course of her daily work ........................intervals of at least........................to feed the child.  For children above two years of age there shall be provided in addition an adequate supply of wholesome refreshment.

 

99.      Clothes for creche staff

 

The creche staff shall be provided with suitable clean clothes for use while on duty in the creche.

 

 

Rule prescribed under section 50 read with section 48

 

100.    Exemption from the provision of crèche

 

 

(1)                In factories where the number of married women or widows employed does not exceed 15 or where the factory works for less than 180 days in a calendar year, or where number of children kept in the creche was less than 5 in the preceding year, the Chief Inspector may exempt such factories from the provisions of section 48 and the rules 96 to 99 made thereunder, if he is satisfied that alternate arrangements as stipulated under sub-rule (2) are provided by the factory.

 

(2)              (a)         The alternate arrangements required in sub-rule (1) shall include a creche building which has a minimum accommodation at the rate of 1.86 square metres per child and constructed in accordance with the plans approved by the Chief Inspector.

 

(c)                 The creche building shall have –

 

(i)                 a suitable washroom for washing of the children and their clothing;

(ii)               adequate supply of soap and clean clothes and towels; and

(iii)             adequate number of female attendants who are provided with suitable clean clothes for use while on duty to  look after the children in the creche.

 

(3)                The exemption granted under sub-rule (1) may at any time be withdrawn by the Chief Inspector if he finds after such enquiry as he may deem fit, that the factory has committed a breach of this rule.

 

 

Rule prescribed under sub section (2) of section 49 and section 50.

 

101.    Welfare Officers

 

(1)       Number of Welfare Officers :

 

(a)             The occupier of every factory employing between 500 and 2000 sub-sect-workers shall appoint at least one Welfare Officer, and where the number of workers exceeds 2000, there shall be an additional and Welfare Officer for every additional 2000 workers or fraction thereof over 500.  In a factory where both men and women workers are employed, the number of women Welfare Officers to be appointed shall be in proportion to the women workers employed provided that where the number of women employed is more than 100 and the total number of workers does not exceed 2500 an additional woman Welfare Officer shall be appointed.

 

(b)             Where there are more than one Welfare Officer appointed, one of them shall be called the Chief Welfare Officer and the others Assistant Welfare Officers.

 

(2)        Qualifications : A person shall not be eligible for appointment as a Welfare Officer, unless he:

 

(a)             possesses a degree of a University recognised by the State Government in this behalf;

 

(b)             has obtained a degree or diploma in social science from any institution recognised by the State Government in this behalf; and

 

(c)             has adequate knowledge of the language spoken  by the majority of the workers in the factory to which he is to be attached:

 

Provided that the State Government may, by notification in the official gazette, grant exemption from the provisions of clause (b) in suitable cases till such time better facilities in the matter of training in social science are available.

 

Provided further that, in the case of a person who is acting as a Welfare Officer at the commencement of these rules, the State Government may, subject to such conditions as it may specify, relax all or any of the aforesaid qualifications.

 

(3)       Recruitment of Welfare Officers

 

(a)             The post of a Welfare Officer shall be advertised in at least two newspapers having a wide circulation in the State, one of which shall be an English newspaper.

 

(b)             The selection shall be made from among the candidates applying for the post by a Committee appointed by the occupier of the factory.

 

(c)             The appointment when made shall be notified by the occupier to the State Government or such authority as the  State Government may specify for the purpose, giving full details of the qualifications, etc. of the officer appointed and the conditions of his service.

 

(4)       Conditions of service of Welfare Officers

 

(a)             A Welfare Officer shall be given appropriate status corresponding to the status of the other executive heads of the factory and he shall be started on a suitable scale of pay the minimum of which shall not be less than Rs.......... per month.

 

(b)             The conditions of service of a Welfare Officer shall be the same as of other members of the staff of corresponding status in the factory :

 

Provided that, in the case of discharge or dismissal, the Welfare Officer shall have a right of appeal to the State Government whose decision thereon shall be final and binding upon the occupier.

 

(5)        Duties of Welfare Officers : The duties of a Welfare Officer shall be –

 

(a)             to establish contacts and hold consultations with a view to maintaining harmonious relations between the factory management and workers;

 

(b)             to bring to the notice of the factory management the grievances of workers, individual as well as collective, with a view to securing their expeditious redress and to act as a liaison officer between the management and labour;

 

(c)             to study and understand the point of view of labour in order to help the factory management to shape and formulate labour policies and to interpret these policies and to interpret these policies to the workers in a language they can understand;

 

(d)             to watch industrial relations with a view to using his influence in the event of a dispute between the factory management and workers and to help to bring about a settlement by persuasive effort;

 

(e)             to advise on fulfilment by time management and the concerned departments of the factory of obligations, statutory or otherwise, concerning regulation of working hours, maternity benefit, medical care, compensation for injuries and sickness and other welfare and social benefit measures;

 

(f)               to advise and assist the management in the fulfilment of its obligations, statutory or otherwise, concerning prevention of personal injuries and maintaining a safe work environment, in such factories where a Safety Officer is not required to be appointed under the enabling provisions under section 40 B;

 

(g)             to promote relations between the concerned departments of the factory and workers which will bring about productive efficiency as well as ameliioration in the working conditions and to help workers to adjust and adapt themselves to their  working environments;

 

(h)             to encourage the formation of Works and Joint Production Committees, Co-operative Societies and Welfare Committees, and to supervise their work;

 

(i)               to encourage provision of amenities such as canteens, shelters for rest, creches, adequate latrine facilities, drinking water, sickness and benevolent scheme payments, pension and superannuation funds, gratuity payments, granting of loans and legal advice to workers;

 

(j)                to help the factory management in regulating the grant of leave with wages and explain to the workers the provisions relating to leave with wages and other leave privileges and to guide the workers in the matter of submission of application for grant of leave for regulating authorised absence;

 

(k)             to advise on provision of welfare facilities, such as housing facilities, foodstuffs, social and recreational facilities, sanitation, advice on individual personnel problems and education of children;

 

(l)                to advise the factory management on questions relating to training of new starters, apprentices, workers on transfer and promotion, instructors and supervisors, supervision and control of notice board and information bulletins to further education of workers and to encourage their attendance at technical institutes; and

 

(m)           to suggest measures which will serve to raise the standard of living of workers and in general promote their well-being.

 

(6)        Welfare officers not to deal with disciplinary cases or appear on behalf of the management against workers.- No Welfare Officer should deal with any disciplinary cases against workers or appear before a conciliation officer in a court or tribunal on behalf of the factory management against a worker or workers.

 

 

(7)              Powers of exemption: The State Government may, by notification in the official gazette, exempt any factory or class or description of factories from the operation of all or any of the provisions of these rules subject to compliance with such alternative arrangements as may be approved.