Chapter
- VI
WORKING
HOURS OF ADULTS
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
109. Exemption of certain adult worker
Rules prescribed under sub-section
(2) of Section 53
(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”.
