Chapter - VI

WORKING HOURS OF ADULTS

 

  102.  Compensatory holidays

  103.  Muster roll for exempted workers

  104.  Notice of periods of work for adults

  105.  Register of adult workers

  106.  Persons defined to hold positions of supervisors or management

  107.  Persons defined to hold confidential positions

  108.   List to be maintained of persons holding confidential positions or position of supervision or management

  109.  Exemption of certain adult worker

 

 

Rules prescribed under sub-section (2) of Section 53

 

102.    Compensatory holidays

 

(1)                Except in the case of workers engaged in any work which for technical reasons must be carried on continuously throughout the day, the compensatory holidays to be allowed under sub-section (1) of section 53 of the Act shall be so spaced that not more than two holidays are given in one week.

 

(2)                The manager of the factory shall display, on or before the end of the month in which holidays are lost, a notice in respect of workers allowed compensatory holidays during the following month and of the dates thereof, at the place at which the notice of periods of works prescribed under section 61 is displayed.  Any subsequent change in the notice in respect of any compensatory holiday shall be made not less than three days in advance of the date of that holiday.

 

(3)                Any compensatory holiday or holidays to which a worker is entitled shall be given to him before he is discharged or dismissed and shall not be reckoned as part of any period of notice required to be given before discharge or dismissal

 

(4)                (a)      The manager shall maintain a register in Form 14 :

 

Provided that, if the Chief Inspector of Factories is of the opinion that any muster roll or register maintained as part of the routine of the factory or return made by the manager, gives in respect of any or all of the workers in the factory the particulars required for the enforcement of section 52, he may, by order in writing, direct that such muster roll or register or return shall, to the corresponding extent, be maintained in  place of and be treated as the register or return required under this rule for that factory.

 

(b)                The register maintained under clause (a) shall be preserved for a period of three years after the last entry in it shall be produced before the Inspector on demand.

 

 

Muster role prescribed under sub-section (5) of section 59

 

103.    Muster roll for exempted workers

 

The manager of every factory in which workers are exempted under section 64 or 65 from the provisions of section 51 or 54 shall keep a muster roll in Form 15 showing the normal piece work rate of pay, or the rate of pay per hour, of all exempted employees.  In this muster roll shall be correctly entered the overtime hours of work and payments therefor of all exempted workers.  The muster roll shall always be available for inspection.

 

 

Notice prescribed under sub section (8) of section 61

 

104.    Notice of periods of work for adults

 

The notice of periods of work for adult workers shall be in Form 16.

 

 

Register prescribed under sub-section(2) of section 62.

 

105.    Register of adult workers

 

The register of adult workers shall be in Form 17.

 

 

Rules 106 to 109 prescribed under section 64.

 

106.     Persons defined to hold positions of supervision or management

 

The following persons shall be deemed to hold positions of supervision or management :

 

(a)              all persons specified in the schedule annexed hereto; and

 

(b)                any other person who, in the opinion of the Inspector, holds a position of supervision or management.

SCHEDULE

1.                 Managers

2.                 Assistant managers

3.                 Engineers

4.                 Foremen

5.                 Weaving masters and spinning masters in textile mills.

6.                 Head electricians

7.                 .........................

8.                 .........................

 

 

107.    Persons defined to hold confidential positions

 

All timekeepers employed in a factory within the meaning of sub-section (1) of section 2 shall be deemed to be employed in a confidential position in the factory.

 

108.     List to be maintained of persons holding confidential position or position of supervision of management

 

A list showing the names and designations of all persons to whom the provisions of sub-section (1) of section 64 have been applied shall be maintained in every factory.

 

109.    Exemption of certain adult workers

 

Adult workers engaged in factories specified in column 2 of the schedule hereto annexed on the work specified in column 3 of the said schedule shall be exempted from the provisions of the sections specified in the column 4 subject to the conditions, if any, specified in column 5 of the said schedule.

 

SCHEDULE

 

 

Section of the Act    empowering grant

of exemption   

Class of

Factory

Nature of exempted work

Extent of exemption

Remarks

64(2) (a) and 64(3)

All factories

Urgent repairs

Section 51,53,54,5,56 and 61

(i) No worker shall be employed on such repairs for more than

15 hours on any one day, 39 hours during any three consecutive

days, or 66 hours during each period of seven consecutive days commencing from his first employment on such repairs.

 

(ii) Within 24 hours of the commencement of  the work, notice shall be sent to the Inspector describing the nature of the urgent repairs and the period probably required for their completion.

 

(iii) Exemption from the provisions of section 54 shall apply only in the case of adult  male workers.

 

64(2)(b) and 64(3) shop, the smithy

All Factories

 (a) Work in  the machine  shop, the smithy or the foundry or in connection with the mill gearing, the electric driving or lighting apparatus, the mechanical or electrical lifts or the steam or water pipes or pumps of a factory.

 

(b) Work of  examining or repairing any machinery or other part of the plant which is necessary for carrying on work in the factory.

 

(c) Work in boiler houses and engine rooms such as lighting fires in order generate gas preparatory to the commencement of regular work in the factory.

Sections 51,  54, 55, 56 and  (4) of section 64.

        

 

 

 

 

 

 

 

- do -

The limits of work inclusive of overtime shall not exceed those mentioned in sub-section 61

 

 

 

 

 

 

 

 

 

 

- do -

64(2)(c) and 64(3)

All factories

(a) Work performed by drivers on lighting, ventilating and humidifying

apparatus.

                  

(b) Work performed by fire pumpmen.

 

Sections 51,54,55 and 61

- do  -

64(2)(d)   and 64(3)

(i)Oil tank  installations

Work performed by workers connected  with pumping  operations

Sections 51, 52,54,55,56  and 61

In the absence of a worker who has failed to report for duty, a shift worker shall be allowed to work the whole or of a subsequent shift provided that –

 

(i) the next shift of the shift worker shall not commence before a period of 16 hours has elapsed;

 

(ii) within 24 hours of the commencement of the subsequent shift, notice shall be sent to the  Inspector describing the circumstances under which the worker  is required to work in the subsequent shift;

 

(iii)the exemption will be restricted to only male adult workers; and

 

(iv) the limits of work inclusive of overtime shall not exceed those mentioned in sub-section (4) of section 64.

 

 

(2) Public hydro electric supply  factories.

Operation and maintenance of Prime movers and auxiliaries, transformers and switches.

 

Sections 52, 54 and 55

- do -

 

(3)Public electric supply companies  generating electricity from oil in   internal combustion   engines.

Work of engine drivers and assistants, generator attendants, boilers and greasers, switch board operators and pumpmen

- do -

- do -

 

(4)Electrical transforming  factories

Work of operation and maintenance of

the transforming

plant, switches and

synchronous condensers.

- do -

- do -

 

(5) Distilleries

Work on the extraction of sugar from various bases,

fermentation of

sugar juice and

distillation of

fermented wash.

- do -

- do -

 

(6) Sugar factories

Extraction of the

juice from the cane,clarification, evaporation and boiling of the juice; curing of the massecuite; and bagging.

 

- do -

- do -

 

(7) Chemicals factories

Work on the sulphur burners, chambers, concentraters, and pumps; roasting furnaces, manufacture of hydrochloric and nitric acid, sulphates, sulphides, nitrates, superphosphates and chlorides; and work on the steam service

- do -

- do -

 

(8)Vegetable hydrogenation factories

Work on refining, bleaching, filtering,

generation of hydrogen; hydrogenating; deodorizing processes;  compression of oxygen and cylinder filling; and work on the electrical power plant.

- do -

- do -

 

(9)Ice factories

Work on the engine and compressor drivers and assistants and oilers.

- do -

- do -

 

 (10)Oil mills

All work

Sections 54 and 55

- do -

 

(11)Flour mills 

All work.

Sections 52 and 55.

- do -

 

(12)Glass factories

(a)Work in attending  to furnace.

- do -

- do -

 

 

(b)All work and processes from mixing of batch to removal of the manufactured glassware from the lears.

 

Section  52

- do -

 

(13)Paper factories

(a) All work on paper-making machinery and on the generation and supply of power connected therewith.

 

Section  54 and 55

- do -

 

 

(b)Work on choppers, digesters, kneaders,

strainers and washers, beaters, paper-making machines, pumping plant reelers, cutters and power plant.

Sections 52,54 and 55

- do -

 

(14)Rubber tyre

All work on curing process.

Sections 55

- do -

 

(15)Iron and steel

All work on steel  furnaces 

Sections 51,52,54 55 and 56

- do -

 

(16) All  factories

Work on automatic equipment engaged in galvanizing, anodising and      enamelling.

Sections 51,52,54,55,56  and 58.

(1) The limits of work inclusive of overtime shall not exceed those mentioned in sub-section (4) of section 64.

 

(2)The exemption shall be granted only in respect of adult male workers.

 

  64 (2)

(i)Newspaper printing      factories

Teleprinter  service

Sections 51, 54 and 56

- do -

64(2))j)

All factories

Loading and unloading of railway wagons, Lorries or trucks

Sections 51, 52, 54, 55 and 56

- do -

64(2)(k)

Any factory or class or description of factories as may  be notified by the State Government in the Official Gazette.

Work of national  importance as may be notified by the State Government in the Official Gazette.  

Sections 51, 52,54,55,56 and 58

(1)The limit of work inclusive of overtime shall not exceed those mentioned in sub-section(4) of section 64

 

(2)The exemption shall be limited to adult male Workers.

 

Explanations

 

1.         The following shall be considered to be urgent repairs

(a)               repairs to any part of the machinery, plant or structure of a factory which are of such a nature that delay in their execution would involve danger to human life or safety or the stoppage of manufacturing process;

 

(b)               breakdown repairs to the motive power, transmission or other essential plant of other factories, collieries, railways, dockyards, harbours, tramways, motor transport, gas, electrical generating and transmission, pumping or similar essential or public utility services carried out in general engineering works and foundries and which are necessary to enable such concerns to maintain their main manufacturing processes, production or services during normal working hours

 

(c)               repairs to deep-sea ships, and repairs to commercial air-craft done in a factory which are essential to enable such ships or air-craft to leave port at proper time or continue their normal operations in a sea-worthy or air-worthy condition, as the case may be; and

 

(d)               (d)repairs in connection with a charge of motive power, for example, from steam to electricity or vice versa, when such work cannot possibly be done without stoppage of the normal manufacturing process.

2.         Periodical cleaning is not included in the terms “examining’ or “repairing”.