Updated: Friday October 28, 2011/AlJumaa
Thoul Hijjah 01, 1432/Sukravara
Karthika 06, 1933, at 12:31:06 PM
The Punjab Factories Rules, 1978
[Punjab Gaz. Extr. 25 May 1978.]
[No. 5-2(Lab-II)/72.- 12th February 1978.----Whereas in
pursuance of the provisions of Section 79 of the Factories Act, 1934, the
Governor of the Punjab was pleased to publish the Punjab Factories Draft Rules
under Notification No. 5-2, Lab-II)/72, dated 27th April 1976 to
elicit public opinion and whereas after, consideration of the objections and
suggestions received in pursuance of the said Notification, the said Rules have
been finalized;
Now, therefore, in exercise of the powers conferred on him by Sections 9, 11,
13, 14, 15, 17, 19, 20, 21, 22, 23, 23-A, 24-A, 25, 26, 31, 32, 33, 33-C 33-F,
33-G, 33-J. 33-K, 33-M, 33-P. 33-Q, 35-A, 39, 41, 43 (1), 43/2, 47, 48, 49,
49-F, 55, 59, 76 and 77 of the Factories Act 1934 (Act No. XXV of 1934), and in
super-session of the West Pakistan Factories Rules, 1962, the Governor of the
Punjab is pleased to promulgate the said rules throughout the Province of the Punjab
with immediate effect.]
Preliminary
1. Short title and extent---- (1)
These Rules may be called the Punjab Factories Rules, 1978.
(2) They shall extend to the whole of the Province of Punjab.
(3) They shall come into force at once.
2.
Definitions----In these rules unless,
the context otherwise requires the following expressions shall have the
meanings, hereby respectively assigned to them that is to say:---
(a) The Act means the Factories Act, 1934.
(b) Additional Inspector means an Inspector
appointed under sub-section (5) of section 10;
(c) Appendix means an appendix annexed to these
rules;
(d) Artificial humidification means the introduction
of moisture into a room by any artificial means whatsoever, except the use of
gas or oil for lighting purpose or the unavoidable escape of steam or water
vapour into the atmosphere directly due to the treatment of fibre or fabric by
, water or steam in its passage through a machine
Provided that the introduction of air directly from
outside through moistened mats or screens placed outside open windows and
ventilation openings at times when the temperature of the room is 80 degree or
more shall not be deemed to be artificial humidification;
(e) Chief Inspector means the Chief Inspector
appointed under sub-section (2) of section 10;
(f) Cooling power means the cooling rower of the air
in milicalories per square centimeter per second as measured by a
kata-thermo-meter;
(g) Degrees of temperature means degree on the
fahrenheit-scale;
(h) Form means a form appended to these rules;
(i) Government means the Government of the Punjab.
(j) Hygrometer means an accurate (Combined) wet and
dry bulb thermometer conforming to the prescribed conditions as regards
construction and maintenance;
(k) Inspector means an Inspector appointed under
sub-section (1) of section 10;
(l) Inspector authorized in this behalf means the
Zonal/Joint Director Labour Welfare, Incharge of the Region concerned.
(m) Kata-thermometer means the instrument invented by Professor Leonard Hill,
M.B.F.R.S. and manufactured by John Hicks and Company, Haton Cardona, London
for measuring the cooling power of the air;
(n) Manager means the person responsible to the
occupier for the working and control of the factories and includes the person
nominated by the occupier under clause (e) of sub-section (1) of section 9;
(o) Section means a section of the Act;
(p) Transmission machinery includes every abaft
wheel drum or pulley (including any system of fast and loose pulleys),
coupling, clutch, strap, band belt, chain, rope, or other device incidental to
the transmission or motion between any prime mover and any machine or appliance
or any means of which machine or appliance receives its motion; and
(q) Within reach means within 6 feet or any spot on
which any person may have to stand or on which any person may have to pass in
the course of his employment.
Notice
before commencement of work (Section 9)
3.
The written notice prescribed under sub-section (1) of section 9 shall be in
Form A.
Inspections
(Section 11)
4.
The Chief Inspector shall.---
(i)
be primarily responsible for the administration of the act within the area for
which he is appointed;
(ii) Inspector shall make arrangements by duly
authorized officers subordinate to him to inspect every factory other than a
seasonal factory within the area for which he is appointed at least once a
year, and every seasonal factory within such area at least once during each
season of work, unless in any case good reasons to the contrary exist and are
recorded by him.
(iii) arrange for such further inspections as may
appear to be necessary to him or to the authority to whom he is subordinate for
ensuring that the provisions of the Act and of these rules are duly observed.
5. In addition to and without prejudice to any other
powers or duties which he is authorized to exercise under the Act or these
rules the Inspector may at each inspection note how far the defects pointed out
at previous inspections have been removed and how far orders previously issued
have been complied with. A list of all defects and irregularities discovered,
together with orders for their remedy or removal passed by him, shall be sent
to occupier or manager of the factory and a copy of the said list or extract
thereof shall be sent to the Inspector authorized in this behalf and the Chief
Inspector.
6. The Inspector at each inspection shall enquire into
all accidents which may have taken place since the last inspection, as certain
where may the responsibility for their occurrence, rests, and pass such orders
or recommendations as may appear to him necessary for the prevention of such
accidents.
7. (1) Where an inspection is made by the District
Magistrate, he shall send copies of the report to the Chief Inspector and the
Inspector of Factories of the area concerned, authorized In this behalf for
such action as may be considered necessary.
(2) Where an inspection is made by an Additional
Inspector exercising all or any of the powers of an Inspector, he shall submit
his report to the Inspector authorized in this behalf for such action as the
latter may consider necessary.
(3) The District Magistrate or the Additional
Inspector, as the case may be, shall not communicate his report direct to the
factory concerned.
8(1) The Inspector authorized in this behalf shall
maintain a register of factories within his jurisdiction in Form B.
(2) On receiving a notice under sub-section (1) of
section 9, or on receipt of a report from the Inspector of the area concerned
to the effect that the premises constitute a factory, the Inspector authorized
In this behalf shall unless it appears to him that the premises do not
constitute a factory, enter the particulars of the factory, in respect of which
the notice is received, in a register to be maintained under sub-rule (1).
(3) If the Inspector authorized in This behalf is
satisfied whether on receipt of a notice from the occupier of the premises or
other wise, that any premises within the area of his jurisdiction have greased
to be used as a factory, he shall move the entry pertaining to the same from
the register maintained under section (1).
9. The manager shall maintain a bound inspection book
in Form C and shall produce it before the Inspector or the Certifying
Surgeon when so required by the Inspector or the Certifying Surgeon as the case
may be.
10. (1) A certifying surgeon or a medical practitioner
authorised under section 12 to exercise the powers of a Certifying Surgeon may
char go a fee of Rs. 5 per person and shall,---
(i) examine any child or adolescent desirous of being
employed in a factory;
(ii) examine any child or person in respect of whom a
notice has been served upon the manager and who is desirous of being
re-employed;
(iii) On the request of an Inspector, examine any
person produced before him and issue a certificate regarding the age and the
fitness or otherwise of such child, adolescent or other person to work in a
factory.
(2) A certifying surgeon or medical practitioner
authorized as aforesaid shall fix such place and such time at he may deem
convenient for the attendance of persona desiring to obtain certificates of age
and physical fitness and shall give notice of such place and time to the
managers of factories for which be Is appointed.
11. (1) Every certifying surgeon shall keep a bound
book containing certificates numbered consecutively and printed on ledger paper
In Form D in foil and counterfoil.
(2) Every certificate granted under sub-section (2) of
section 52, to a reason desirous of being employed in a factory shall be
prepared by filling up the foil and counterfoil which shall also bear the
signature or the left thumb-mark of the person in respect of whom the
certificate is granted.
(3) A certifying surgeon shall, if he is satisfied
that the entries made therein are correct, sign the foil and initial the
counterfoil and shall deliver the foil to the person in whose name the
certificate is granted. The foil so delivered shall be the certificate of
fitness referred to in subsection (2) of section 52.
(4) A certifying surgeon revoking a certificate under
sub-section (3) of section 52. shall cause the word revoked to be stamped in
red ink on the foil and counterfoil of such certificate.
(5) If the certifying surgeon refuges to grant any
person a certificate under this rule, no fresh application shall be made on
behalf of such person until a period of three months has elapsed from the date
of such refusal unless the certifying surgeon, while refusing to grant The
certificate gives permission in writing for an application to be made at an
earlier date.
12. Every practitioner authorized under sub-section
(2), of section 12, to exercise provisionally the powers of a certifying
surgeon shall grant certificate in the manner provided in rule 11. The word provisional
shall be printed or stamped in red ink at the top of each foil and counterfoil
of such certificates.
13. (1) Where a certificate granted under sub-section
(2) of section 52. is lost, the person to whom it was granted may apply to the
certifying surgeon for a copy of the certificate and the certifying surgeon,
after making such enquiry from the employer or if he is _ unemployed from the
last employer of such person and from such other sources as he deems fit may
grant a duplicate thereof to such person. The word duplicate shall be clearly
written in red ink across such certificate and initialed by the certifying
surgeon. The counterfoil in the bound book of forma shall be similarly marked duplicate
and initialed.
(2) No duplicate of a certificate granted under section
52 shall be granted to any person otherwise than in accordance with the
provisions of this rule.
14. (1) The certifying surgeon shall ordinarily visit
every factory within local limits for which he is appointed In which children
or adolescents are known to be employed at least once in six months and may
give previous notice of big visit to the manager of the factory Proposed to be
visited. At each of these visits the manager shall produce before him at such
time as the certifying surgeon may fix, all children or adolescents employed in
the factory whether actually at work or not.
(2) The certifying surgeon shall personally examine
every child or adolescent who is in possession of a provisional certificate
granted under sub-section (2) of section 12, and shall, if he is satisfied that
a certificate should be granted, countersign the certificate and cross out the
word provisional.
(3) If, on such examination, the certifying surgeon is
of opinion that the person in possession of a provisional certificate granted
under subsection (2) of section 12, is under the age of twelve years or is not
fit for employment in a factory, he shall impound the certificate write on it
the word-cancelled over his signature. He shall then forward the certificate
with such remarks an he considers necessary to the Chief Inspector or an
Inspector authorized in this behalf and shall also inform the person who issued
the certificate that it has been cancelled.
15. The certifying surgeon at his periodical visit
shall satisfy himself as to the fitness of the children and adolescents
employed in the factory and shall revoke the certificate of any, whom he
considers unfit.
16. The token giving a reference to the certificate
granted to a child or adolescent under section 52 which is rewired to bet
carried under clause (b) section 51, shall show the number of the workers in
the register of child workers or adult workers, as the case way be.
Health and Safety (Sections 13 send 14)
17. In every factory a register in Form F shall be
maintained for entering into it the dates on which lime-washing, painting or
varnishing is carried out.
18. No rubbish, filth or debris shall be allowed to
accumulates or in remain in any part of a factory in such position that
effluvia there from can arise within the factory.
19. In every factory all drains carrying waste or
sullage water shall be constructed in masonary or other impermeable material
and shall be regularly flushed at least once a day and where possible connected
with some re-organized drainage line.
20. Tae f1aor of tire morns and the compound
surrounding every factory shall be maintained in a strictly sanitary and clean
condition.
21. Proper arrangements shall be made for maintaining
in a reasonably clean and drained condition all washing and bathing places
within a factory, the places where drinking water is distributed to the
opertatives of the factory and the area around such places.
Ventilation, Temperature, Dust Fume and Artificial,
Humidification
(Sections 15, 17 and 33-J)
22. In every morn of a factory, ventilating Openings
shall be provided it, the proportion of five square feet for each person,
required or permitted, to work in such room and the openings shall be such as
to admit a continuous supply of fresh air:---
Provided that the Chief Inspector, may in respect of
any factory or any room in a factory, for reasons to be recorded )a writing,
relax the requirements of the rules where, in his opinion, the same may be
permitted without hazard to the health of the persons employed in such factory
or working in such room.
23. In every factory where injurious, poisonous or
asphyxiating gases, dust or other impurities are used or are evolved from any
process carried on in such factory, all practicable measure to the satisfaction
of Chief Inspector of Factories or Chief Medical Inspector or Inspector
authorized in this behalf shall be taken to protect the workers against the
inhalation of such gases, dust or other impurities.
24. In every room in a cotton Mill where slasher
sizing is carried on, efficient arrangements for the removal of the steams
given off in the process of drying the yarn shall be fitted. Slasher sizing
shall not be carried on in any room where any other process of manufacture is
being performed.
25. There shall be no artificial humidification in any
room or department of a cotton spinning or weaving factory:
(a) by the use of steam, during any .period when the
dry bulb temperature of the room exceeds 85 degree;
(b) at any time when the wet bulb reading of the
hygrometer in that room Is higher than that specified in the following schedule
in relation to the dry bulb reading of the hygrometer at that time; or as
regards a dry bulb reading intermediate between any two dry bulbs readings
indicated consecutively in the schedule, when the dry bulb reading does not
exceed the wet bulb reading to the extent, indicated In relation to tire lower
of the two dry bulb readings.
Schedule
|
Dry |
Wet |
Dry |
Wet |
Dry |
Wet |
Dry |
Wet |
|
60.0 |
58.0 |
75.0 |
73.0 |
90.0 |
84.5 |
105.0 |
91.0 |
|
61.0 |
59.0 |
76.0 |
74.0 |
91.0 |
85.0 |
106.0 |
91.0 |
|
62.0 |
60.0 |
77.0 |
75.0 |
92.0 |
85.5 |
107.0 |
91.5 |
|
63.0 |
61.0 |
78.0 |
76.0 |
93.0 |
86.0 |
108.0 |
91.5 |
|
64.0 |
62.0 |
79.0 |
77.0 |
94.0 |
86.0 |
109.0 |
92.0 |
|
65.0 |
63.0 |
80.0 |
78.0 |
95.0 |
87.0 |
110.0 |
92.0 |
|
66.0 |
64.0 |
81.0 |
79.0 |
96.0 |
87.5 |
111.0 |
92.5 |
|
67.0 |
65.0 |
82.0 |
80.0 |
97.0 |
88.0 |
112.0 |
92.5 |
|
68.0 |
66.0 |
83.0 |
80.5 |
98.0 |
88.5 |
113.0 |
93.0 |
|
69.0 |
67.0 |
84.0 |
81.0 |
99.0 |
89.0 |
114.0 |
93.0 |
|
70.0 |
69.0 |
85.0 |
82.0 |
100.0 |
89.5 |
115.0 |
93.5 |
|
71.0 |
69.0 |
86.0 |
82.5 |
101.0 |
90.0 |
116.0 |
93.5 |
|
72.0 |
70.0 |
87.0 |
83.0 |
102.0 |
90.0 |
117.0 |
94.0 |
|
73.0 |
71.0 |
88.0 |
83.5 |
103.0 |
90.5 |
118.0 |
94.0 |
|
|
|
|
|
|
|
120.0 |
94.5 |
Provided, however, that this rule shall not apply
when,---
(i) the difference between the wet bulb reading as
indicated by the hygrometer in the room or department concerned, and the wet
bulb reading taken with hygrometer outside the factory in the shade, is less
than 3.5 degrees, or
(ii) the cooling properties of the air in the roam or department as measured by
the wet reading of a Kata thermometer at a height of five feet in all usual
working places within the room or department is greater than eleven
milicalories per square centimeter per second.
26. In all departments of cotton spinning and weaving
mills in which artificial humidification is employed, hygrometer shall be
provided and maintained in such position as may be approved, by the Inspector
and on the following scale:---
(a) Weaving Department-----Two hygrometers for
departments with leis than 500 looms and one additional hygrometer for every
500 or part of 500 looms and in excess of 500.
(b) Other Departments----One hygrometer for
each room of less than 300,000 cubic feet capacity, and one extra hygrometer
for each 200,000 cubic feet, or part thereof in excess of 300,000 cubic feet.
(c) One hygrometer shall be provided and maintained
outside each Cotton Spinning and Weaving Mill wherein artificial humidification
is adopted in a position approved by Inspector, for taking true shade
temperatures.
27. A legible copy of the Schedule to Rule 25 shall be
fixed near each hygrometer.
28. Correct wet and dry bulb temperatures as indicated
by each hygrometer maintained under the provisions of Rule 26, shall be
recorded thrice during each working day by competent persons appointed by the
Manager and approved by the Inspector. These temperatures shall be taken
between 7.00 a.m. and 9.00 a.m., 11.00 a.m. and 2.00 a.m. (but not in the rest
interval) and between 4.00 p.m. and 5.00 p.m. in extraordinary circumstances
such additional readings between such hours as the Inspector may specify shall
be recorded. The temperatures shall be recorded on a chart approved by the
Inspector and affixed close to the hygrometer and entered in humidity register
in Form H. At the end of each month the person taking the readings shall sign
the register and certify the correctness of the entries. The chart and register
shall at all times be available for inspection by the Inspector and copies of
entries made therein shall be sent to him whenever he so requires.
29. The entries made in the humidity register shall be
deemed to be prima facie evidence of the temperatures and humidity of the
department to which the entries relate, but an Inspector may at any time check
the correctness of the readings by personal observations.
30. The cooling power of the atmosphere in each Department
shall be treasured by taking readings of the wet Kata thermometer in the close
proximity of each hygrometer maintained in the Department and at a height of
five feet from the floor. Such readings shall be recorded every Tuesday and
Friday at the time specified or taking hygrometer readings and shall be entered
in the humidity register referred to in Rule 30. The readings of the Kate
thermometer shall be taken by a competent person appointed by the Manager.
31. (1) Every hygrometer shall comprise two mercurial
or alcohol thermometer similar in construction and equal in dimensions, scale
and division of scale. They shall be mounted on a wooden or metalic framed with
a suitable receptacle containing water.
(2) The wet bulb shall be closely covered with a
single layer of muslin kept wet by mean: of a cotton or woollen wick attached
to it and dipping into the water in the receptacle, the muslin covering, the
wet bulb and the wick shall be suitable for the purpose, clean and free from
greasy substances.
(3) No part of the wet bulb shall be within three and
a half inches of the dry bulb or within three inches of the surface of the
water in the receptacle and the water receptacle shall be placed below the wet
bulb on the side away from the dry bulb.
(4) The bulbs shall be spherical and of suitable
dimensions and shall, subject to the provisions of sub-rule (2), be freely
exposed on all sides to the atmosphere.
(5) The bores of the sten shall be such that the top
of the mercury or alcohol column shall be readily distinguishable and correct
readings made at a distance of two feet.
(6) Each thermometer shall be graduated so that
accurate readings may be taken between 50 and 120 degrees.
(7) Every degree from 50 degrees upto 120 degrees
shall be clearly marked on glass stem; each fifth and tenth degree shall be
marked by longer marks than intermediate degrees and the temperature marked
opposite each tenth degree, i.e. 50, 60, 70, 80, 90, 100, 110 and 120.
(8) The marking shall be accurate to within 0.2 degree
at all readings between 50 and 120 degrees.
(9) A distinctive number shall be conspicuously,
marked upon each hygrometer employed in a department.
(10) The accuracy of each, hygrometer shall be
certified by the National Manufacturing Laboratory of the country of origin of
hygrometer or such other authority as may be approved by the Chief Inspector
and such certificate shall be attached to the humidity register.
32. Every hygrometer shall be maintained at all times
during the period of employment in efficient working order so as to yield
accurate readings; and
(a) the muslin covering and the wick, of the wet bulb
shall be renewed once a, week;
(b) the receptacle shall be filled with distilled,
boiled or pure rain water which shall be renewed once a day;
(c) no water shall be placed in the receptacle or
applied directly to the wick or muslin during the period of employment.
33. If an Inspector has given notice in writing that
the hygrometer is not accurate, it shall not, after one month from the date of
such notice, be deemed to be accurate, unless and until it has been re-examined
and a fresh certificate as required by cub-rule (10) of rule 31 secured in
respect thereof, which certificate shall he kept attached to the humidity
register.
34. (1). No hygrometer shall be affixed to a wall
pillar or other surface unless protected there from by wood or other
non-conducting material at least half an inch in thickness which shall be
separated from the wall, pillar or other surface by an air space of at least
one inch.
(2) No hygrometer shall be so fixed as to be in the
direct drought from a fan, window or ventilator opening or at such a height
that the head of the hygrometer is more than five feet and half from the floor.
35. No reading shall be taken for record on any hygrometer
within fifteen minutes of the renewal of water in the receptacle.
36. Where steam pipes are used for the introduction of
steam into any room for the purpose of artificial humidification:---
(i) all hungers supporting such pipes shall be
separated from the pipes by an efficient insulator not less than half an inch
in thickness;
(ii) the diameter of such pipes shall not exceed one
inch:---
Provided that the Chief Inspector may for reasons to
be recorded in writing permit the use of pipes with a diameter exceeding one
inch.
37. All ducts for the introduction of humidified air
whether actually in use for that purpose or not, shall be kept clean.
Over crowding (Sections 18, 33-j)
38. The particulars of each room of the factory in
which workers are regularly employed shall be entered in a register in Form I,
which shall be shown to the Inspector when so required.
Lighting (Sections 19, 33-j)
39. (1) As long as any worker is present in a factory
in latrines, passages, stairs, hoists, factory ground and other parts of the
factory in so far as the entrance of the said places is not closed, shall be
lighted in such manner that safety is fully secured in passing through or
remaining in the same.
(2) (a) The general illumination over these interior
posts of the factory where persons are regularly employed shall not be lest
than 6 feel candles measured in the horizontal place at a level of 3 feet above
the floor; provided that in any such part in which the mounting height of the
light sources for general illumination necessarily exceeds 25 feet measured
front the floor or where the structure of the room or the position or
construction of the fixed machinery of plant prevents the uniform attainment of
this standard the general illumination at the said level shall be less than 3
feet candles, and where work is actually being done the illumination shall not
be less than 8 feet candles or the greatest reasonably practicable illumination
below 8 feet candles.
(b) The illumination over all other interior parts of
the factory over which persons employed pass shall, when and where a person is
passing, be not less than 1 foot candle at floor level.
(c) The standard specified in this rule shall be
without prejudice to the provisions of any additional illumination required to
render the lighting sufficient and suitable or the nature of the work.
(3) (a) Where any source of artificial light in the
factory is less than 14 feet above floor level no part of the source or of the
lighting fitting having a lightness greater than 10 candles per sq. inch shall
be visible to person: whilst normally employed within 100 feet of the source,
except where the angle of elevation for the eye to the source or part of the
fitting, as the case may be, exceeds 20 degrees.
(b) Any artificial light designed to illuminate
particularly the areas or part of the area of work of a single operative or
small group of operatives working near each other, shall be provided with a
suitable shade of opaque material to prevent flare or with other effective mean
by which the light source is completely screaned from the eyes of every person
employed at a normal working place, or shall be so placed that no such person
is exposed to glare there from.
(4) Adequate measures shall be taken, so far as
reasonably practicable to prevent the formation of shadows which cause eye
strain or risk of accident to any person employed.
(5) Where the Chief Inspector is satisfied in respect
of any particular factory or part thereof or in respect of any description of
work room or process that any requirement of these rules is not practicable, he
may, in writing exempt the factory or part thereof or description of work room
or processes from such requirements to such extent and subject to such
conditions as he may specify.
Drinking Water (Section 20)
40. (1) In every factory there shall be provided free
of charge for the use of the employees of the factory a supply of water fit for
drinking at the rate of one gallon per day for every person employed in the
factory.
(2) Such supply of water shall be derived from
(i) any public water supply; or
(ii) Wells including tube-wells, or tanks so situated,
constructed and protected as not to be polluted or contaminated with organic or
other impurities.
(3) Where drinking water for factory is obtained from
an intermittent public water supply, such factory shall be provided with
storage for water at the scale prescribed in sub-rule (1).
(4) A well for the supply of drinking water to a
factory for the purpose of humidification in a factory:---
Shall not be constructed or located within fifty feet
of any latrine, drain or other source liable to pollute the water in the well;
(ii) shall be entirely closed and covered,
(iii) shall be fitted with a reliable pump ; and
(iv) shall be provided with a dust and water proof
trap door, having an opening not exceeding four square feet and such trap door
shall be kept locked and only opened for cleaning or inspection.
(5) The water required to be provided under sub-rule
(i) shall be kept in clean and suitable vessels, shall be renewed daily and
all. Practicable, steps shall be taken to preserve the water and the vessel in
which it is contained free from contamination.
(6) The temperatures of the drinking water supplies to
workmen shall at no time exceed 90 degrees.
(7) The Inspector may, by order in writing, require
the Manager to obtain report at such times or at such intervals as may be
specified in the order, regarding the fitness or other-wise for the purposes of
drinking of the water supplied to workmen, from Regional Epidemiological
Laboratories provided with the necessary facilities to carry out such test and
the Manager shall comply with such order and send to the Inspector by
registered post copies of such reports within seven days of their receipt by
him.
(8) The Inspector may, if he thinks fit, himself take
a sample of water from the water provided and supplied to workmen in any
factory, and direct the Manager of such factory to obtain a report thereon and
the manager shall thereupon obtain a report on such sample and supply a copy of
such report to the Inspector in the manner provided in sub-rule (7).
Provisions for Washing Accommodation
41. In every factory, the following facilities shall
be provided for the workers:
(a) Where there is a cotinuous source of water supply
from the public mains one; wash basin for the use of twenty person and an
additional wash basin for every additional twenty persons or any less number
shall be provided.
(b) Where there is no continuous source of water
supply, stored water shall be provided at a scale of at least five gallons per
worker per day, and one wash basin for the use of twenty persons and an
additional wash basin for every additional twenty persons or any legs number
shall be provided.
(c) Soap nail brushes and clean towels shall be
provided and kept available for workers free of cost at every wash basin.
Regular arrangement shall be made for the replacement of used towels with clean
towels if and when the former appear unclean.
(d) Separate washing accommodation with adequate privacy
shall be provided for women workers on the some scale as for the male workers.
Latrines and Urinals (Section 21)
42. Except in factories provided with water-flushed
latrines connected with a water-borne sewerage system, all latrines shall be
provided with receptacles on the dry earth system, which shall be cleaned at
soon, as these are soiled and kept in a strictly sanitary condition. The
receptacles shall be tarred inside and outside at least once a year.
43. (1) Every latri3e shall be sufficiently ventilated
and shall not be communicated with any work room except through the open air or
through go intervening ventilated space:---
Provided that in the case of, work place in use prior
to publication of these rules and mechanically ventilated in such manner that
air cannot be drawn into the work place through the latrines, and intervening
ventilated space shall not be required.
(2) Every latrine shall be under cover and so
partitioned off as to secure privacy and shall have a proper door and
fastenings. Urinals shall be so placed or so screened as not to be visible from
other parts of the factory where persons work or pass.
(3) The latrines shall be so arranged as to be
conveniently accessible to the persons employed at all times while they are at
the factory.
(4) In cases where persons of both sexes are employed,
the latrines or each sex shall be so placed or so screened that the interior
shall not pc visible even when the door of any latrine is open, from place any
where workers of the other sex have to work or pass and if the latrines for one
sex adjoin those for the other sex, the approaches shall be separated.
(5) (i) Where the latrines and urinals are
periodically flushed with water, latrines and urinals may be provided at the
following scale:---
|
No
of male workers No of Seats (for
every 25 workers or fraction thereof). (c)
where the number of workers working (for
every 40 workers or fraction thereof after first 100) (d)
where the number of workers working (for
every 60 workers after first 100) (ii)
where the latrines and urinals are not periodically rushed with water and are
provided on dry earth system the latrines/urinals may be provided at the
following scale :-- No
of male workers No of Seats (for
every 25 workers or fraction thereof). (c)
where the number of workers exceeds (for
every 50 workers or fraction thereof after first 100) |
(6). If females are employed, separate latrines,
screened from, these for males and marked in urdu in conspicuous letters For
women only shall be provided on the scale laid down in rule 43 (5). Those for
males shall be similarly marked For men only A poster showing the figure of a
man and a woman shall also be exhibited at the entrance of latrines for each
sex.
44. The walls of the latrines, unless made of
corrugated iron, shall be lime-washed inside and outside at least twice a year,
the dates of such washing being noted in Form F and the inside walls upon a
height of three feet from the floor shall be made of non-absorbent impermeable
materials.
45. In factories employing ore hundred or more
persons, unless otherwise arranged for by the local sanitary authority,
arrangements for the disposal of exereta shall be made by means of a suitable
incinerator which shall he got approved by District Health Officer or the
Municipal Medical Officer as the case may be in whose jurisdiction the factory
is situated.
Spittoons (Section 22)
46. In every factory at least one spittoon in one room
for every 30 workers or below employed at a time shall be provided at
convenient places which must contain quick lime or any other disinfectant. The
spittoons shall be kept clean and hygienic in all respects:---
Provided that in the case of factories where the
cumber of workers employed exceeds 100, one such spittoon shall be provided for
every 40 workers for the first 100 and the one spittoon for every 50 workers or
a fraction thereof.
Provided further that in the case of a factory where the number of workers
employed exceeds 500, one spittoon for every 60 workers after the first hundred
shall be provided.
Hygiene Card (Section 23 sod 23-A)
47. (1) Hygiene card under sub-section (1) of section
23 of the Act shall be is Form F.1.
(2) Each worker in a factory shall be vaccinated and
inoculated for cholera and for small-pox, typhoid, every year.
(3) Such vaccination shall be arranged by the Manager
of the factory at his or the occupiers expense.
(4) The fee for carrying out the medical examination
under section 23 of the Act shall be Rs. 5 which will be borne by the Occupier
or Manager of the factory.
Welfare Officer (Section 24-A)
46. (1) The Welfare Officer shall be a Graduate.
Preference shall however be given to:---
(a) Low Graduate, or
(b) Diploma holders from NILAT Karachi or Industrial
Relations Institute, Lahore of
(c) Holders of diploma in Labour Laws from any
University in Pakistan or Holders of equivalent diploma from any other University,
or
(d) Persons having at-least 3 years experience in
Labour Department in Grade-16 or above.
(2) A. welfare officer shall primarily be responsible
for ensuring that all statutory rights and benefits are provided to workers,
apart from general welfare and observance of hygienic standrads laid down in
the Rules.
(3) Without prejudice to the generalities of the
foregoing a welfare officer shall watch the interest and ensure the welfare of
the workers in respect of:---
(i) Payment of wages.
(ii) Minimum wages.
(iii) Overtime wages.
(iv) Holidays.
(v) Formation of management committee and joint
management board.
(4) A welfare officer shall:---
(a) not have a salary lets than Rs. 1000 per month;
(b) not leas than 25 years age;
Precaution Against the Fire (Section 25)
49. Every factory shall be provided with:---
(a) an ample supply of water maintained by a
sufficient pressure to reach all parts of the factory building together with
the necessary hose and hydrants for making, effective use of the water during
the time the factory is in operation ; or
(b) bucket and fire extinguishers at the following
scale:---
(i) Six buckets for four space up to 6,000 square feet
and one additional bucket for every 1,000 square feet, of floor space in excess
of the first 6,000 square feet. The buckets shall be painted red and kept
permanently on stand, filled with water or sand at the discretion of the
manager.
(ii) Eire extinguishers of at least one gallon
capacity for floor space 6,000 square feet, one fire extinguisher each of foam
type of soda compressed carbon dioxide and carbon tetra chloride type. One
additional fire extinguisher each of foam typo soda compressed carbon dioxide
and carbon tetra Chloride type for every 6,00(1 square feet.
(2) Where factory consists of more then one storey
each storey shall be provided with at least one fee extinguisher each of foam
type soda, compressed carbon dioxide sad carbon tetra chloride type and have
its own supply of buckets at the scale, specified in sub-rule (1).
(3) Ail apparatus for extinguishing fires shall be
kept in good order and ball he examined anti tested once in 14 months.
50. Every building within the precincts of factory of
more than one storey shall be provided with at least two sets of steps, one of
which shrill be on the outside of the building so as to afford direct and
unimpeded access to the ground level from every part of the factory in case of
fire. The stairs or steps shall be permanently fixed and made of non,
combustible material and shall be provided with suitable and sufficient hand
rails. Provided that when workers are not employed in the second or a higher
storey of factory buildings, an outside stair case will not be necessary.
51. Notwithstanding anything contained in rule 50,
cotton ginning factories shall be provided with at-least two flights of stairs
made of brick work or other fire resisting materials situated outside the
building.
52. In all factories every window or door shall be so
arranged as to open outside or should be sliding.
53. Fire-alarm.----
In every factory a mechanically/electrically operated lire alarm shall be
provided to give alarm in case of fire.
Fencing (Sections 26, 31 and 33-J)
54. The following parts of transmission machinery
shall be securely fenced in motion and within reach of workers:---
(i) all shafts, couplings, collars, clutches, toothed
wheals, pulley driving straps, chains and ropes, except such as are in the
opinion of the Inspector by construction or position equally safe to every
person employed in the factory as they should be if securely fenced or guarded.
(ii) All projecting set screws, keys, nuts or bolts on
revolving parts, except any such as are counter-sunk or otherwise made equally
safe.
(iii) The underside of all heavy over head main
driving belts or ropes if there is any probability of persons having to pass
under them.
55. The following parts or machine tools, shall be
securely fenced. The back gears and change wheels of lathes, the back gears
and level gearing of drilling machines and the gear wheels of planning shaping,
slotting and milling machines which are within reach of worker.
56. Every platen machine and guillotine cutting
machine in a printing press shall be fitted with an efficient finger-guard.
57. All energy wheels and tool-grinding machines shall
be fitted with strong iron hood guards and shall also have a plate glass sheild
so fitted as to prevent flying particles from entering into the quarters.
58. All hoist gates shall be self-locking and only
capable of being opened when the cage is opposite the floor.
59. (1) All circular saws of more than six inches in
diameter shall be provided with a strong metal hood guard with a riving knife
at the back of the saw. The saw under the table shall be completely guarded.
(2) All hand saws shall be fitted with expended metal
cage guards enclosing the upper half of the machines. The saw under the table
also be completely guarded.
60. (1) All elevator passage ways and hoist ways shall
be fenced.
(2) Fencing pits.---All open tanks and vessels containing either chemicals or substances
dangerous to human life or safety and all pits, tanks, gutters, and excavations
eighteen inches or more in depth within the precincts or any factory shall be
securely fenced.
61. (1) In every factory, all electrical circuits or
part of such circuits or any object electrically connected with them whether
commonly or occasionally in an electrified condition, which by reason of their
position could cause injury to any person, shall be protected adequately either
by non-metallic fencing or insulation or by both, in such manner as to, remove
danger of injury. Provided that where switch gear is installed for the purpose
of immediately removing-the pressure on the occurrence of a fault such
mechanism shall be taken into account when considering the adequacy or
otherwise of the protection furnished.
(2) Instructions in Urdu for the restoration of
persons suffering from electric shock shall be affixed in a conspicuous place
in every factory using electric energy for lighting or power purpose.
Fencing in Textile Mills
62. In addition to the provisions herein before
prescribed, the following provisions shall apply to textile factories to the
extent indicated below:---
(i) In respect of blowing room machinery
(a) Beater cover and the door immediately above the
dirt grid of all openers, combined openers and scutchers, scutcher lap
machines, hard waste breakers and similar machines shall be fitted with an
automatic looking arrangement which shall render it impossible to open the
covers or the grid while the beater is still running or to restart the
machinery until the doors have been closed.
(b) the nip between the cage wheel and calendar wheel
shall be efficiently protected by all machines, preferably by spectacle guards
extending round the cutter edge of both wheels.
(c) fender guards shall be provided for the fan strap
side of scutcher to guard the fan strap and slow motion strap provided that
where the slow motion pully is driven, directly by a strip from the over head
shaft it shall be optional either to place the wheel or to protect it by fender
guard. If the strap is on the opposite side to the slow motion strap, each
shall be protected separately.
(d) all lap roller shall be provided with lap
protectors; and
(e) cotton openers, combined openers and scutchers,
lap machines hard waste breakers and similar machines shall be driven by
counter shafts provided with fast and loose pulleys and efficient belt
shifters.
(ii) in respect of carding machine-
(a)
All
feed roller wheels, daffer and barrow wheels, side shaft wheels, calender
wheels and collar wheels shall be efficiently fenced; and
(b)
(b)
all cylinder doors shall be fitted with a safety automatic locking motion to
prevent the doors, from being opened until the cylinder has ceased to revolve
and to render it impossible to restart the machine until the doors have been
closed.
(iii) In respect of drawing frames,---
(a)
the
roller gearing shall be effectively covered; and
(b)
(b)
the under shaft shall be encased in a metal sleeve or other-wise securely
fended.
(iv) In respect or speed framed:---
(a) Head stocks shall be fitted with an automatic
locking arrangement which shall prevent the doors being opened while the
machinery is in motion and shall render it impossible to restart the machines
until the doors have been closed;
(b) bobbin skew gear wheels be covered over the top
and these covers shall be extended both in front and behind round the edge of
the wheels except in those cases where the spindles are not leaned whilst the
machinery is in motion.
(c) spindle show gear wheels shall be effectively
covered; and
(d) lifter rack wheels shall be securely fenced, the
guard to be such that it shall effectively protect the nip both as the rail
rises and as it falls.
(v) In respect of self-acting mules,---
(a) guards for middle back shaft scrolls shall be
fitted with flanges to protect the intake of the bands and the side of the
scroll. The guards for the middle draw band carrier pulley shall be either
fixed to the bottom screal board, or be so fastened otherwise that they cannot
readily be knocked aside. The side pieces of the guard shall be extended
inwards for enough completely to guard the nip between the band and the scroll;
(b) all headstocks shall be provided with strong sheet
iron guard high enough to cover the rim pulleys and so shared as to prevent any
moving portion of the machinery being reached from the back when the guard is
in position;
(c) the guard for the and draw band pulleys shall be
extended at least half an inch beyond the end of the pulley;
(d) all quadrant pinions shall be securely fenced;
(e) no person shall be allowed to be between the fixed
and traversing part unless the mule is stopped on the outward run.
(f) all front and bank carriage wheels shall be
guarded by efficient stop guards;
(g) all spinning mules shall be driven from counter
shaft which shall be provided with fast and loose pulleys and efficient belt
shifter.
(vi) In respect of ring and throstole and doubling
frames,---
(a)
the
outer ends of, the frames shall be fitted in with metal plates; and
(b) guards made of strong rigid bars placed so that
the vertical gap between them is not more than 6 inches shall be permanently
and securely fixed along the whole length of each ring frame and such guards
shall not be removable without the use of tool.
(vii) In respect of calendering
machines---- All calendering machines shall be provided with an efficient
nip-guard along the whole length on the intake side of each pair of bowls and
shall be so fitted and maintained, while the machine is in use as to prevent
the access of any persons fingers to the point of contact of the rollers or
bowls.
(viii) All loomes shall be fitted with
shuttle guards.
Additional Fencing in Cotton Ginning Factories
63. In addition to the provisions herein-before
prescribed, the following provisions stall apply to cotton ginning factories to
the extent indicated below:---
(a) The line shaft or second motion in cotton ginning
factories shall be completely enclosed by continuous wall or un-climbable
fencing with so many openings as are necessary for access to the shaft for
cleaning, oiling or adjusting of belts, and such openings shall be provided
with gates or doors which shall be kept closed and locked.
(b) The toothed rollers of the opener shall be guarded
by securely fixing the machine not more than eight inches above the lattice, a
stout wooden plank or a strong metal guards not less than IS inches in width so
arranged that in no circumstances can a mans hand get into the rollers.
Explanation---- If the guard can be removed without the aid of tools, the toothed
rollers of the opener shall not be considered to have been guarded for the
purposes of this rule.
(c) The spur gearing at the side of the opener shall
be completely covered by a strong metal guard.
(d) the crank shaft pulleys an roller pulleys of all
gins shall be securely guarded by strong box guard and hinged top covers.
64. The cover to the blades of all saw gin machinery
shall be fitted with an automatic locking device so arranged as to make it
impossible for the saw to be exposed whilst the machine is in motion.
Protection of Persons Attending to Machinery of
Boillers
65. All important pulleys shall be provided with belt
hangers or perches.
66. Suitable string gear shall be provided and used to
move driving traps on all fast and loose pulleys.
67. Lubrications of beatings or gear wheels or
replacing or adjusting of belts shall be done only by experienced and specially
trained persons.
68. Service platforms and gangways shall be provided
for overhead shafting and where required by the Inspector shall be securely
fenced with guard rails and the boards.
69. No transmission machinery in motion shall be
cleaned with cotton waste rage: or similar material held in the hand.
70. Every shafting ladder shall be ftted with either hoops
.or scmeeifective non-skilled device.
71. (1) No person engaged in oiling or adjusting belts
or in any work whatsoever within reach of unfenced transmission machinery shall
be allowed to work whilst wearing loosely fitting clothes.
Explanation-- All garments other than those specified below shall be considered
loosely fitting clothes for the purpose of this rule:---
Boiller suit.
shorts.
Tightly fitting shirts worn inside the shorts.
Loin cloth.
Vest (Banyan).
Sweater.
Cap.
Turban without hanging ends.
(2) Every person required or engaged to oil or adjust
belts or to do any work whatsoever within reach of any unfenced transmission
machinery shall be provided bar the manager free of cost with a fight
loin-cloth or shorts.
72. (1) Safe and convenient access shall be provided
to all bearings.
(2) The register of every person requited or engaged
to oil or adjust belts or to do arty work, whatsoever, within reach of any
unfenced transmission machinery shall be in Form M. I.
Pressure Plant (Section 33.C)
73. (1) Ail water level guage glasses of boilers of
which the maximum pressure exceeds 100 Lbs. per square inch shall be securely
guarded.
(2) No additional weight shall be placed on the safety
valve of any boils; unless written permission bas been received from the Boiler
Inspector to do so.
74. All sizing cylinders, biers, digesters, steam
jacketed pans and other vessels worked under pressure shall be fitted with
safety valves pressure guages,
Cranes and other Lifting Machinery (Section-33)
75. A register shall be maintained .for every
examination of lifting machine made In pursuance of section 33 (1) (a) (iii),
containing the following particulars:---
(a) The distinguishing number or marks (if any) and
description sufficient to identify the lifting machine;
(b) The working load or loads in the case of crane
with a variable operating radius, including load at various radii of the jib
trolly or crane is to be stated according to specification laid down in rule
76;
(c) Particulars of any defect found in the lifting
machine, or in any Automatic indicator with which the machine is fitted in
(either case) affecting the safety of the machine;---
(d) The repairs.(if any) required, either,---
(i) immediately; or
(ii) within a specified time (which must be stated),
to enable the lifting machine to continue to be used with safety (if no such
repairs are required the . word Note is to be entered).
(e) The name and address of the person carrying out
the examination and the date of examination, and
(f) The address of the factory and the name of the
occupier.
Manner of Test and Examination before taking Lifting
Machinery and gear into use
76. (1) Every inch with the whole of the gear
accessory thereto (including derriks, goose, necks, eye-bolt, eye-plots or
other attachments) shall be attested with a proof load which shall not exceed
the safe working load is follows:---
|
Serial Safe working load Proof load No. |
(2) The proof load shall be applied either,---
(i) by hoisting moveable weight, or
(ii) by means of a spring or hydraulic balance or
similar appliance, with the derrick at an angle to the horizontal shall be
stated in the certificate of the test.
In the former case, after the moveable weights have
been hoisted the derrick shall be swung as far as possible in, both directions.
In the latter case, the roof load shall be applied with the derrick swung as
far as practicable first in one direction and then in the other.
(3) Every crane and other hoisting machine with its
necessary gear shall be tested with a proof load which shall not exceed the
safe working load as follows:---
|
Serial
Safe working load Proof load |
(4) The said proof load shall be hoisted and swung as
far as possible in both directions. In the case of a jiberane, if the jib has a
variable radius, it shall be tested with a proof load as stated above at the
maximum and minimum radii of the jib. In the case of hydraulic Cranes or Hoists
where owing to the limitation or pressure, it is impossible to hoist a load 25
per cent in excess of the safe working load, it shall be sufficient to hoist
the greatest possible load.
(5) Every article of loose gear (whether it is
accessory to a machine or not) shall be tested with a proof load at least
equal, to that shown against each article in the following tables:---
|
Serial Safe working load Proof load |
Serial Article of gear Proof load
No.
1 Chain
2 Ring
3 Hook Twice the safe Working load.
4 Shackle
5 Swivel
|
Pulley
Blocks |
Proof
load |
|
1.
Single sheave Block |
Four
times the safe working load. |
|
2.
Multiple sheave Block with safe working load upto and including 20 tons. |
Twice
the safe working load. |
|
3.
Multiple sheave Block with safe working load over 20 tons upto and including
40 tons. |
20
tons in excess of the safe working load. |
|
4.
Multiple Sheave Block with safe working load over 40 tons. |
One
and a half times the safe working load. |
Provided that where Chief Inspector is of the opinion
that owing to the size, design; construction material or use of any such loose
gear or class of such gear, any of the above requirements are not necessary for
the protection of the persons employed, he may do in writing exempt such gear
or class of gears from such a requirement subject to such condition: as may be
stated in the exemption.
(6) In the case of wire ropes, a sample shall b;,
tested to destruction and the safe working load shall not exceed 1/5th of the
breaking load of the sample tested.
Hoists and Lifts (Section 33-A)
76-A. The following conditions or limitations
mentioned in column 2 against the class or descriptions of hoists or hoist-ways
mentioned in column No. 1 shall be observed:---
|
Column
No. 1 |
Column
No. 2 |
|
1.
Hoistways of pavement hoists, that is tea say, hoists in the case of which
the top landing is the surface of a street or public place, or of a yard or
other open space within a factory where persons, are required to pass. |
The
hoistway shall be securely covered or securely fenced at the top landing
except when and where access is required for persons goods or material. Every
gate shall be kept closed and fastened except when the cage or platform is at
landing. |
|
2.
Hoistways of hoists of move-able type which are used for the stacking,
loading, or unloading of goods or material but not for carrying persons and.
which do riot pass through any floor. |
|
|
3.
Hoistway of Hoists not of moveable type which are used for the stacking
loading or unloading goods or materials, And which do not pass through any
floor and in the cast of which the height of travel of the age or platform
exceeding five feet. |
The
hoistway shall so far as is reasonably practicable, be protected at ground or
floor level by as enclosure not less than 7 feet in height and fitted with a
gate of gates in connection with which clause (4) shall apply, and if the
hoist is used for carrying person: it shall be provided with a cage. |
|
4.
Hoistways of hoists not of movable type which do not pass through any dons,
and in the case of which the height of travel of the platform does not exceed
five feet. |
A
gate or gates or other fittings shall be provided to prevent any person being
endangered by the underside of the platform. |
|
5.
Hoistways of hoists used solely for fitting material directly into a machine. |
|
|
6.
Hoistways of hoists which are not used for carrying persons and into or from
which goods or materials are not loaded or unloaded except at a height of not
less than 2 feet 9 inches above the level of the floor of ground where the
loading or unloading is performed. |
This
exemption shall not apply to any gate unless there is , a fixed enclosure not
less than 2 feet 9 inches in height below the bottom of the gate and reaching
down to the level of the floor or ground; and every gate to which this
exemption does apply (i) shall be fitted with an efficient device to secure
that the cage or platform cannot be raised or lowered unless the gate is
closed, and will come to rest when the gate is opened or (ii) where it is not
reasonably practicable to fit such a device, shall be kept closed and
fastened except when the cage or platform is at rest at the gate. |
|
7.
Hoists which are not connected with mechanical power and which are not used
for carrying persons and the enclosures of the hoistways of such hoists. |
|
|
8.
Hosts mainly used for raising material for charging blast-furnaces or
lime-kilns, |
|
|
9.
Hoists used for the raising or lowering or tipping or railway rolling stock. |
So
far as is reasonably practicable, means shall be provided at such enterance
to the enclosure to prevent any person falling down the hoistway or being
struck by any moving part of the hoist. |
|
10.
Drop-pit hoists used for raising or lowering wheels detached from railway
rolling stock. |
|
|
11.
Hoists in the case of which the doors of the hoistway are of solid
construction and the interior surfaces of the said doors arid of the said
doors and of the hoistway opposite to any side of the cage in which there is
an opening are, throughout the height of travel of the cage, smooth and flush
with each other (save for any recess designed for working purposes and not
more than half an inch in depth, and hand-grips not exceeding one inch in
depth provided for closing doors and so constructed as to prevent trapping). |
|
Pits, Sumps, Opening in Floor, etc. (Section 33-E)
77. Every fixed vessel structure, sump or pit within
the precincts of any factory of which the edge is less than 3 feet above the
adjioning ground or platform shall, if it contains any scalding, crossive, or
poisonous liquid, either be .securely covered or be securely fenced to at least
that height or where by reason of the nature of the work neither secure
covering nor secure fencing is possible, all possible steps shall be taken to
prevent any person from falling in the vessel structure, sump or pit.
Carrying of Loads (Section 33-F)
78. (1) No adult male worker shall carry, any load
beyond 200 Lbs.
(2) In cases where a woman adolescent or child lifts
or carries the weights by herself or himself the weight carried or lifted shall
not exceed than the weight indicated in the following, table.,
|
Serial
Person employed Maximum weight |
(3) In cases where a workman, adolescent or child
lifts or carries the weights in conjunction with another person or persons, the
total weight to be lifted or carried by them shall be the weight indicated in
sub-rule (2) of this rule for the person participating in lifting or carrying
multiplied by the number of persons who so participates.
Protection of Eye (Section 33-G)
79. Every worker in respect of any manufacturing
process which involves risk to eyes shall be provided, effective screen and
goggles for the protection of eyes.
Precautions Against Dangerous Fames
80. A confined space in which dangerous fumes are
likely to be present to such an extent as involve risk of any person being
overcome thereby shall unless there are other adequate means of egress, be
provided with manhole, which may be rectangular, oval or circular in shape and
shall not be less than eighteen inches long and sixteen inches wide or (if
circular) not less than eighteen inches in diameter, or in the case of tank,
wagons and other mobile plants not less than sixteen inches long and fourteen
inches in diameter.
81. No child shall be employed in any of the
operations specified in the Schedules appended to the following rules as
adopted in the Punjab:---
(i) West Pakistan Hazardous Occupations (Lead) Rules,
1963;
(ii) West Pakistan Hazardous Occupations
(Miscellaneous) Rules, 1963;
(iv) West Pakistan Hazardous Occupations (Chromium)
Ruffles, 1963;
(v) West Pakistan Hazardous Occupations (Sand
Blasting) Rules, 1963;
(vi) West Pakistan Hazardous Occupations (Cellulose
Spraying) Rules, 1963;
(vii) West Pakistan Hazardous Occupations (Sodium and
Potassium Bichromate) Rules, 1963.
(viii) West Pakistan Hazardous Occupations (Petrol Gas
Generating Plant) Rules, 1963.
Accidents (Section 33-N)
82. Notices of accidents resulting in death or such
severe injury that there is no reasonable hope that the injured person will be
able to return to work within forty-eight hours shall be sent,---
(a) by telegram, telephone or special messenger,
within twenty four hours of the occurrence, to the Chief Inspector, the
inspector for the area in which the factory is situated and the District
Magistrate or if the District Magistrate so directs, to the Sub-Divisional
Magistrate; and
(b) by registered post, within twenty-four hours of
the occurrence, to the Commissioner appointed under the Workmens Compensation
Act, 1923 and Social Security Officer of the area.
83. In case of Accident resulting in death notice in
the mode and within the time specified in rule 82 (a) shall also be sent to the
Officer-in-charge of the Police Station of the area in which the factory is
situated.
84. If the notice required to be given under rule (82)
or (83) is sent by a special messenger, it shall be in Form (J-I) (First
Accident Report) and if it is sent by telegraph or telephone shall be confirmed
by a written report in such form within 24 hours of the occurrence of the
accident.
85. Notices of accidents of minor character which
nevertheless prevent the injured person from returning. to work within 48 hours
of the accident shall be given in Form J-I within 24 hours of the expiry of
that time to the Inspector and to the District Magistrate, or, if the latter by
a general order directs, to the Sub-Divisional Magistrate.
86. Final notice of an accident shall be submitted in
Form J-II within three months from the date of occurrence of the accinent to
the Chef Inspector, the Inspector for the area in which the factory is
situated, the District Magistrate or if the District Magistrate so directs to
the Sub. Divisional Magistrate and to the Commissioner appointed under the
Workmens Compensation Act, 1923 and the Social Security Officer of the area appointed
under the Social Security Ordinance, 1965.
87. When an accident which has been reported to the
Inspector, as Slight after-wards known to be Serious or fatal the Manager
shall make the necessary correction in supplementary report which shall be sent
forthwith to the authorities mentioned in rules 82 and 83.
88. (i) If the Inspector has reason to believe that a
fatal or serious accident has occurred in any factory, whether he has received
a notice thereof or not, he shall, as soon as possible, proceed to make an
investigation on the spot, either by himself in co-operation with the Police
authorities or an official deputed by the District Magistrate or with both, in
order to determine the cause of and the responsibility for the accident.
(2) If the Inspector on an investigation under
sub-rule (1) finds that the accident has resulted from neglect on the part of
the occupier or the Manager of the factory or any other person to observe any
provision of the Act or the rules and orders made there under, and if he so
considers necessary, shall sanction the prosecution of the person at fault.
(3) In case where the Inspector considers prosecution
under the Pakistan Penal Code necessary, he shall make a reference to the
District Magistrate for taking suitable action.
(4) The Inspector shall while forwarding a case to the
District Magistrate for prosecution record his opinion whether in the event of
a fine being imposed and recovered any portion of the fine should be paid to
the person sustaining injuries in the accident or his dependants as
compensation.
89. When in any factory there occurs, any explosion,
fire, collapse of building or serious defects in the machinery or plant, which
might have caused or might cause injury to any person such fact shall be reported
by the management within four hours of its occurrence to the authorities
mentioned in clause (a) of rule 82.
Procedure in Appeals (Section 33-P)
90, An appeal presented under section 33-P shat! lie
to the Chief inspector, and shall be in the form of a memorandum setting forth
concisely the grounds of objection to order and bearing a Court fee stamp is
accordance with the Court Fees Act, 1870, and shall be accompanied by a copy of
the order appealed against.
91. On receipt of the memorandum, the appellate
authority shall, if it thinks fit, or if the appellant has requested that the
appeal be heard with the aid of assessors, call upon the body, if any, declared
to be the body representative of the industry concerned under sub-section (2),
of section 33-P, to appoint an assessor within a period of fourteen days. If an
assessor is nominated by such body, the appellant authority shall apoint a
second assessor itself. It shall then fix a date for the bearing of the appeal,
and shall give due notice of such date to the appellant and to the Inspector
whose order is appealed against, and shall call upon the two assessors to
appear on such date to assist in the hearing of the appeal.
92. An assessor appointed in accordance with the
provisions of rule 91 shall receive fee of thirty-two rupees and travelling
expenses for assisting in the hearing of the appeal. Such fees and travelling
expenses shall be paid by Government but where assessors have been appointed at
the request of the appellant and the appeal has been decided wholly or partly
against him, the appellate authority may direct that the fees of the assessors
shall be paid in whole or part by the appellant.
Provisions of Shelters During Rest (Section 33-Q)
93. The occupier of every factory wherein more than
150 workers are ordinarily employed or which may be specified by Government in
this behalf by a notification in the official gazette, shall provide free of
cost one or more suitable rooms or sheds for the use of workers during periods
of rest. Such rooms or sheds shall be adequately lighted and properly
ventilated so as to admit fresh air at all times. The rooms or sheds shall not
be less than ten feet high and the floor space in them shall not be less than
six square feet for the each worker to be accommodated. The roofs of such rooms
or sheds shall not he corrugated sheeting or other metal unless covered by a
suitable heat of resisting material.
94. The occupier of every factory other than a seasonal factory, wherein more
than fifty women workers are ordinarily employed or which may be specified by
Government in this behalf by a notification in the official gazette shall
provide a suitable room or rooms for the use of children under the age of six
years belonging to such women and the room or rooms so provided shall conform
to the following conditions:---
(1) A floor space of not less than nine square feet
shall be provided for each child accompanying a female employee.
(2) The height of the roof shall not be less than 12
feet froth the floor.
(3) The rooms shall be provided with sufficient light
and ventilation and its temperature. shall not be such as to be injurious to
the occupants.
(4) The structure shall be waterproof and sun-proof,
free from dirt vermin and damp and shall be maintained in a clean condition.
The interior walls, ceiling, etc, shall be lime-washed once in every 14 months.
The Wood work shall be painted or varnished at least once in every 5 years.
(5) The use of the rooms shall be restricted to
children, their attendants and the mothers of the children.
(6) The services of a sweeper at frequent intervals
shall be available to attend to the general cleanliness of the rooms or room
and sanitary utencils shall be provided there in to the satisfaction of the
Inspector.
(7) A trained nurse and 3 female servant shall be
employed by the Manager or occupier to attend to the Children, and such a nurse
or servant shall always be present in the room or rooms during the working
hours of the factory.
Certificate of stability (section 33-Q)
95. (1) In any building or part of a building which is
erected or made use of as factory after the commencement of the Act, no work on
any manufacturing process with the aid of power shall be commenced until a
certificate-of stability of the building or part of the building as the case
may be in Form (K) signed by a person possessing the qualification specified in
sub-rule (4) has been sent to the Inspector authorized in this behalf.
(2) Such certificate shall be sent through the
Inspector of the area concerned and shall be accompanied by the plans of the
building or part thereof which is erected or made use of as a factory showing
its extent and construction and the position of machinery plant and tanks.
(3) No addition or alteration shall be made to such
building or part thereof or such machinery plant or tanks unless a fresh
certificate in respect of such addition or alteration has been approved in the
manner specified in sub-rule (1).
(4) The certificate shall be signed by a person who
is,---
(a) a Member of the Royal Institute of British Architects; or
(b) an associate Member or Member of Institute of
Engineering, Architects of Pakistan or
(c) an Associate Member of the Civil Engineers; or
(d) who possesses such qualifications as the Chief
Inspector may approve.
96. (1) In every factory there shall be maintained in
good working order First aid appliances as specified in appendix I. The
appliances shall be placed under the charge of a responsible person who knows
how to use them, and shall be kept in a readily accessible place within. the
factory so as to be immediately available during working hours. The words
°,First Aid shall be clearly painted on the box or other receptacle concerning
such appliances.
(2) Every person sustaining an injury within a factory
shall unless ho desires otherwise, be administered -First Aid as per Appendix
II.
Notice of Periods for works for adults (Section 39)
97. (1) The notice of periods for work for adults
shall be (a) in Form I, when all the adult workers in a factory are required to
work within the same periods and when the periods are the same on such working
day of the week;
(b) In Forms L (a) when all the adult workers in a
factory are required to work within the same periods and when periods are the
same on five working days of the week and shorter on sixth day;
(c) In Form L or Form L (a) as may be convenient a
separate form being used for each group, when the adult workers have to
accordance with the requirements of sub-sections (4) and (5) of section 39 been
classified into groups which do not work on a system of shifts;
(d) In Form L (b), when the adult workers have in
accordance with the requirements of sub-section (6) of section 39 been
classified into groups working on shifts the relays not being subject to
predetermined periodical changes of shifts; the Form shall be accompanied by a
supplementary notice in a form approved by the Chief Inspector showing which
relay is working on each shift;
(e) In Form L (b), when. the adult workers have in
accordance with the requirements of sub-section (7) of section 39 been
classified into groups working on shifts the relays being subject to
predetermined periodical changes of shift; the form shall be accompanied by a
supplementary notice showing the system of rotation of relays and the method of
determining which relay should be working on any specified shift on any day
provided that if the periods of such work for women differ from the periods of
work for men, separate notice shall be used for men and for-women.
(2) When in the opinion of the Chief Inspector, or the
Inspector the periods for work in a factory although legal cannot be
conveniently displayed by any of the methods described in the foregoing rules
tae may by order in writing permit a notice in a form which appears to him
suitable to be substituted and such form shall for that factory be deemed to be
prescribed form.
(3) The notice shall be painted in bold letters of not
less than an inch on a wooden or metal plate and shall be displayed in a
conspicuous place near the main entrance of the factory.
Register of adult workers (Section 41)
98. (1) The register of adult workers prescribed under
section 41 shall be in Form M, and shall be kept separately for each shift for
a calendar year.
(2) A register of adult workers in respect of daily attendance
of the workers shall be maintained in the prescribed form M, and the attendance
shall be marked every day.
(3) Such register shall be preserved for three years
in non-seasonal factories and for at least 2 years beginning front the date of
the commencement of the season in seasonal factories.
(4) The register prescribed under this rule shall
always be available for inspection, and if it is not produced on demand being
made therefore by the, Inspector, the Manager shall be deemed to be responsible
for its non-production whether he was present in the factory at the tune of
demand or not.
Persons holding positions of supervision or management
(Section 43 (I))
99. Tile following persons shall be deemed to hold
positions of supervision in a factory:---
(1) General Manager, Workshop Superintendent, Works
Manager, Manager, Assistant Manager, Departmental Head.
(2) Chief Engineer, Electrical Engineer, Foreman,
Labour Officer. Inspector of Workshop Engineering Branch, Personnel Officer,
Chief Boiler Engineer. Assistant Engineer, Charge-man, Mechanical Engineer,
Civil Engineer, Administrative Officer, Technical officer, Deputy Technical
Officer or their equivalent.
(3) Any other person who is the opinion of the Chief
Inspector, holds a position of supervision.
Persons holding confidential position
100. All clerks not covered by tile definition of
worker as given in clause (it) of section 2, Accountants, Computer Operators,
Stenographers, Secretaries of the Managers and Assistant Managers and
Time-keepers shall be deemed to be employed in a confidential capacity.
Rule 99 to 113 notified vide Noti 5-2 (Lab-II)/72,
April 6, 1986, Punjab Gaz. Extr. 29 June 1986, p 1405.
101. A list showing the names and designations of all
persons to whom the provisions of sub-section (I) of section 43 have been
applied shall be maintained and when so required by the Inspector of Factories,
produced before him.
Exemptions [Section 43 (2)]
102. Urgent repairs-When the work in Engineering or
other Workshops on the repair of plant used in manufacturing processes on
repairs in connection with the maintenance of a public service or in any
factory on the repair of any p t of the machinery, plant or structure of that
factory is of such a nature that delay in its execution would involve,---
(i) substantial, interruption to the manufacturing
process in any factory; or
(ii) substantial interruption to public service; or
(iii) danger to human life or safety;
all adult male workers employed on such work shall be
deemed to be employed on urgent repairs within the meaning of section 43 (2)
(a) and shall be temporarily exempted from the provisions of sections 34, 35,
36, 37 and 38 for the period occupied in the completion of such repairs,
subject to the following conditions:---
(a) that the period of exemption for any one worker
shall not exceed fourteen days in any calendar month;
(b) that no worker shall be employed for more Than
fourteen consecutive days without one full days holiday;
(c) that no worker shall be employed continuously for
more than eight hours without a rest interval of at-least one, hour; and
(d) that a notice stating the names of workers
employed and the precise nature of work shall be sent to the Chief Inspector
authorised in this behalf and the Inspector of the area concerned within four
hours of the commencement of such employment and a copy of the said notice
shall be affixed in a conspicuous place near the main entrance of the factory
before the workers are put on such work.
Preparatory and complimentary work
103. Adult male workers employed on dispatching and
receiving of goods or solely on maintenance work or as engine drivers, boiler
attendants, mill-wrights, mates acid oilmen shall be deemed to be employed on
preparatory and complimentary work in all factories within the meaning of
section. 43 (2) (b) and as such shall be exempted from the provisions of
sections 34, 36, 37, and 38 subject to the following conditions:---
(a) that no such worker shall be employed for more
than eight hours continuously without a rest of one full hour; and
(b) that no such worker shall be employed in any
factory for more than sixty hours in any one week or for more than ten hours r
any one day.
104. Intermittent work.-Adult male workers employed as,---
|
(1) Engine drivers, (6) Oilmen, |
shall be deemed to be employed on intermittent work in
ail factories within the meaning of section 43 (2) (c) and as such shall be
exempted from the provisions of sections 34, 35, 36 and 38 subject to the
following conditions:---
(a) that no worker shall be employed for more than
eight hours continuously without a rest of one full hour; and
(b) that no worker shall be employed in any factory
for more than sixty hours in any one week or for more than ten hours in any one
day.
105. Continuous process.----Adult male workers employed,---
(1) on the generation of electricity;
(2) on the manufacture of ice in ice factories;
(3) on brewing in breweries;
(4) on distillation in distilleries;
(5) on the production of glass in glass works;
(6) on distillation in rosin and turpentine factories;
(7) on tanning in tanneries;
(8) on the manufacture of cement, asbestos sheets and
allied products in cement works;
(9) in the operations of gar and sugar in factories
and refineries;
(10) on the operations of blast furnaces in iron and
steel factories;
(11) on water works or water supply pumping stations;
(12) on the production of carbon-dioxide gas in
carbonic acid gas factories;
(13) in the mineral oil refining process;
(14) on oil pressing, oil refining and soap making;
(15) on the manufacture of paper and straw board in
paper and straw board mills, poly extrusion on paper board foils etc., in pulp,
paper and board mills;
(16) on the manufacture of chemicals in chemical works;
(17) on pottery making in pottery works;
(18) on the manufacture of starch in starch factories
;
(19) on cupola -on the foundry section of iron, brass
and steel manufacturing operations;
(20) on dyeing- and bleaching section of textile mills;
(21) in the preparation of oxygen and acetylene;
(22) on the process of dehydration of meat, potatoes
and other vegetables;
(23) on shooting of films in studios;
(24) on mixing compounding, masticating, sole-pulling,
frictioning, cutting, passing, and crushing of rubber and manufacturing of
tyres and tubes in rubber factories;
(25) on machinery in cold storages;
(26) oil manufacturing of blades and razors;
(27) on processing of soft fruits, juices and
vegetables;
(28) on refining, bleaching, filtering,
hydro-generating and deodorising and compression of oxygen and the filling of
cylinders in Vanaspati (Vegetable Oil and Hydro-generating factories);
(29) In fish canning and fish-curing factories;
(30) ors manufacturing of glue and gelatine;
(31) in electric transforming factories;
(32) in train gas lighting factories of railway;
(33) in coal gas-factories;
(34) in natural gas refining;
(35) on the manufacture of pharmaceutical products
including vitamins and by-products in the pharmaceutical factories;
(36) in oil tank installations;
(37) on manufacturing of infant milk food and milk
food products;
(38) on production of bituminising waxing, poly
extrusion in films;
(39) on manufacturing of enamelled copper wires;
(40) on the manufacture of paints and varnishes;
(41) on the manufacture of porcelain insulators,
tiles, bushing and switch fuses in electric equipment manufacturing industries;
(42) on man-made yarn including acetate, nylon,
acrylic and polyester; and
(43) on ceramic tiles shall be deemed to be employed
on continuous processes within the meaning of section 43 (2) (d) and as such
shall be exempted from the provisions of sections 34, 35, 37 and 38 subject to the
following conditions namely,---
(a) that such workers shall ordinarily be employed on
daily eight hours shifts;
(b) that no such workers shall be employed for more
than fourteen consecutive days without a compensatory continuous rest period of
at-least twenty-four hours;
(c) that when shifts are changed,---
(i) no shift may be employed for more than sixteen
hours in one day (that is to say, two periods of eight hours each with an
interval of eight hours);
(ii) the system of shifts shall have been approves by
the Inspector of the area concerned authorized in this behalf;
(iii) the persons who have worked double time shall at
the next change of shifts have complete holiday of twenty-four consecutive
hours; and
(iv) the average weekly hours of work it any period of
three weeks shall not exceed fifty-six;
(d) that a note shall be maintained in the remarks
column of the Register of Adult Workers against the name of every worker in
respect of whom the exemption is claimed to have been allowed or granted; and
(e) that the decision of the Chief Inspector shall be
final as to whether the work of any such worker is or is not of the nature
described in the exemption.
106. Bakeries and dairies.----- Adult male workers employed in bakeries and dairies
shall be deemed to be employed in making or supplying articles of prime
necessity which must be made or supplied every day within the meaning of
section 43 (2) and as such shall be exempted from the provisions of section 35,
provided that no such workers shall be employed for more than fourteen
consecutive day:, without a holiday for a whole day.
107. Tea factories.----- Adult male workers employed in tea factories shall be deemed to be
employed in a manufacturing process which cannot be carried on except at times
dependent on the irregular action of natural forces within the meaning of
clause (g) of sub-section (2) of section 43 read with sub-section (3) of that
section and as such shall be exempted from the provisions of sections 35, 37,
39 and 40 on the condition that:----
(i) the manager or the occupier of the factory before
he avails himself of the exemption has served on the Inspector authorised in
this behalf or the Inspector of the area concerned and displayed in the factory
a notice of his intention so to avail himself and whilst he avails himself of
the exemption shall keep the notice so displayed;
(ii) an attendance register for such workers in Form N
is maintained and each period of work is entered therein immediately after the
period of work in respect of each worker has been completed; and
(iii) no such worker shall be employed for more than
fourteen consecutive days without a holiday for a whole day.
Fodder Presses
108. Adult male workers employed on fodder pressing
shall be deemed to be employed in a process which cannot be carried on except
at times dependent on the irregular action of natural forces within the meaning
of section 43 (2) (g) and as such shall be exempted from the provisions of
sections 35 and 37; provided that no-such worker shall be employed for more
than fourteen consecutive days without; holiday f«r a whole day.
Engine Rooms and Boiler Houses
109. Adult male workers employed in engine rooms and
boiler house, shall be exempted tinder section 43 (2) (h) from the provisions of
section 35 on the conditions that:---
(i) no such workers shall be allowed to work for more
than eight hours on a weekly holiday:
(ii) the weekly hours of such workers do, not exceed
sixty hours in any factory: and
(iii) no such workers shall be employed for more than
fourteen consecutive days without a holiday.
Flour Mills
110. In respect of adult male workers employed as
foremen, machine men (operators and cleaners), shooting men, mixer-men, oilers,
packers, stitchers, flour godown coolies, salesmen and sweepers in the
screen-room, mill and flour godowns of a flour mill, the following provisions
shall apply:---
(1) Where the manufacturing process is carried on
continuously throughout the day and all such workers in the factory are
ordinarily employed on daily eight hours shifts the provisions of sections 34,
35, 36, 37 and 39 shall not apply on the conditions that,---
(a) on the notice of periods for work required under
section 39, the manager shall enter against each group of workers working under
the provisions of this clause, the workers working under the provisions of
clause (1) of rule 97 of the Punjab Factories Rules, 1978; and
(b) no such workers shall be employed for more than
fourteen consecutive days without compensatory rest period of at least twenty
four hours at one time or alternatively.
(2) Where manufacturing process is carried on
continuously throughout the day and all such workers in factory are not
ordinarily employed in the daily eight hours shift, the provisions of sections
34 and 35 shall not apply on the conditions that,---
(a) on the notice of periods for work required under
section 39, the manager shall enter against each group or groups of workers
working under the provisions of this clause, the workers working under the
provisions of rule 97 of the Punjab Factories Rules, 1978;
(b) no such workers shall be employed on a Sunday or
the day fixed for the weekly holiday for more than six hours; and
(c) every such worker shall be given a weekly rest
period commencing on Sunday or the day fixed for the weekly holiday of not less
than 24 consecutive hours.
111. The manager of every factory shall maintain a
record of all exemptions g-ranted to the factory from any provision of the Act
in Form G and such record shall be produced before the Inspector when he so
requires.
112. Except in the case of workers exempted under
section 43 (2) (a) the total overtime period of any adult worker exempted
from., the provisions of section 34 shall not exceed twelve hours in any one
week.
Fish Curing and Fish Canning Factories
113. (1) Adult female workers employed in the fish
curing and fish canning factories shall be exempted from the provisions of
sections 34, 35, 36, 37, 38 and 45 (1) of the said Act, subject to the
following conditions:---
(i) that no female workers shall be employed for more
than ten hours a day or sixty hours a week;
(ii) that the total spread-over of the working hours
including rest interval shall not exceed twelve and half hours in any day;
(iii) that no adult female worker shall be employed
between the hours of 7 p.m. and 6 a.m.
(iv) that overtime wages shall be paid to the workers
in accordance with the provisions of section 47 of the said Act, and
(v) that entries of overtime shall be made in the
overtime register in Form O.
(2) This rule shall remain in force for a period of
three years only with effect from the date of the publication of this
notification and shall thereafter cease to operate.
Overtime Register (Section 47)
114. (1) The manager of every factory in which workers
are exempted under section 43 or 44 from the provisions of section 34 or 36
shall keep a register in Form O showing the normal piecework rates of pay per
hour, per day or per week of all exempted workers.
(2) The overtime hours of work per day and per week of
and the payment therefore to, all exempted workers shall be correctly entered
in the register required to be maintained under this rule.
(3) The register shall not be destroyed until after
the expiry of three years from the date of last entry therein.
(4) The register shall always be available for
inspection by the Inspector and if not produced on demand being made therefore
by the Inspector, the manager shall be deemed to be responsible; for its
non-production, whether he was present In the factory at the time of demand or
not.
Restriction on Double Employment (Section 48)
115. (1) The Inspector may sanction the employment of
adult stale workers in more than one factory on the same day if he is satisfied:---
(a) that the total working hours of such workers on
any one slay does not exceed ton; and
(b) that they receive weekly holiday prescribed under
section 35.
(2) A note over the initials of the Inspector, shall
be made in the remarks column of the register of adult workers against all male
workers permitted to work in more than one factory under sub-rule (1).
Compensatory Holidays (Section 35-A)
116. The compensatory holiday to be allowed under
section 35 (a) shall be so spaced that not more than two holidays are given in
a week:---
Provided that this rule shall not apply to factories
engaged on continuous process specified in rule l05.
117. (1) The manager shall display at the place at
which the notice of periods fog work prescribed under section 39 is displayed
on or before the end of the month a list of persons entitled to compensatory
holidays in the following month, specifying the dates on which the holidays
fall of due. Any subsequent changes in respect of persons allowed compensatory
holidays shall be made not less than one week in advance of such holidays.
(2) The holiday or holidays will be given before a
worker is discharged or dismissed.
118. (1) The manager shall maintain a register of
workers exempted from the provisions of section 35 in Form P and make an
annual return of compensatory holidays in Form Q within a period of two
months at the end of the year in non-seasonal and the end of the season in
seasonal factories:---
Provided that, if the Chief Inspector is of the
opinion that any muster roll register regularly maintained for the factory, or
return made by the manager given in respect of any or all of the workers in the
factory the particulars/required for tine enforcement of section 35-A he may,
by order in writing direct, that such muster roll or register or return shall,
to the corresponding extent, be maintained in places of and be treated as, the
register or return required under this rule for that factory.
(2) The register maintained under sub-rule (1) shall
be preserved for a period of three years from the last entry borne (on it and
shall be produced before the Inspector on demand.
Holiday with Pay (Section 49-F)
119. (1) The employer shall maintain a holiday with
pay register in Form R and make a return in Form S not later than the 1st
March of the year subsequent to that to which it relates:--
Provided that, if the Chief Inspector is of the
opinion that any muster roll or register regularly maintained for the factory,
or return made by the employer, gives in respect of any or all of the workers
in the factory the particulars required for the enforcement of Chapter IV-A of
the Act, he may by order in writing direct that such muster roll 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.
(2) The register maintained under sub-rule (1) shall
be preserved for a period of three years from the last entry borne on it and
shall be produced before the Inspector on demand.
(3) The register shall always be available for the
inspection by the Inspector, and if not produced on demand being made therefore
by the Inspector, the manager shall be responsible for its non-production
whether he was present in the factory at the time of the demand or not.
120. (1) The employer shall provide each worker with a
book called Holiday Book in Form IT. The book shall be the property of the
worker and the employer or his agent shall not demand it except to make entries
of the date of holidays or interruptions in service and shall not for any
reasons, keep it for more than a week at a time.
(2) If a worker loses his Holiday Book the employer
shall provide him with a duplicate thereof, duly completed from his records, on
payment of Re. 1.
121. (1) A workman who is absent from work for reasons
of health shall if so required by his employer in writing, submit a medical
certificate signed by a registered medical practitioner stating the cause of
the absence and the period for which the worker will, in the opinion of the
medical practitioner, be unable to attend to his work.
When an employer provides medical facilities for his
employees workers living in a colony attached to the factory shall obtain such
certificate from the factory doctor.
(3) The charges for a certificate required to be
produced by a workman under this rule shall be borne by the employer.
122. The employer shall report as soon as possible to
the Inspector all cases involuntary unemployment indicating the total number of
workers affected together with the cause or causes of unemployment. Entries of
such unemployment should be made in the Holidays with pay register of the
establishment and in the Holiday Book of the Individual concerned.
123. Before or on the completion of period of twelve
months continuous service in the factory, as defined in section 49-8, a worker
may give notice to the employer of his intention not to avail himself of
holidays falling due in the following period of twelve months and the employer
shall thereupon make an entry to that effect in the holidays with pay register
in respect of that worker and in his holiday book.
124. Except in regard to the worker who has given
notice of this intention not to avail himself of holidays in the year in which
these accrue, the employer shall fix the dates on which holidays with pay shall
be allowed to each worker including the worker who has accumulated his holidays
over two periods of twelve months each. Any such date shall not b; earlier than
four weeks from the date on which the date so fixed is notified, unless the
worker agrees to take the holidays earlier and shall be made in the Holidays
with Pay Register and the Holidays Book of the worker concerned.
125. As far as circumstances permit when a husband and
wife are employed in the same factory they shall be allowed holidays on the
same day.
126. The employer may after the date fixed for
holidays change it only after giving a police of four weeks to the workers,
127. A worker may exchange the period of his leave
with another worker subject to the approval of the employer.
128. The second half of the pay due for the period of
holidays shall be paid to the worker with the first payment of wages after he
resumes work.
129. If a worker dies before he resumes work the
balance of his pay for the period of holidays shall be paid within a period of
one week of the receipt of the intimation of his death to his nominee and in
the absence of a nominee to his dependants according to law or local practice.
130. (1) Where a factory is exempted under section
49-G from the provisions of Chapter IV-A of the Act, the manager of the factory
shall maintain a register showing in respect of each worker the holidays due
and taken and the pay granted for the holidays taken and shall display at the
main entrance of the factory a notice giving details of the system prevailing in
the factory for the holidays with pay and shall send a copy of the same to the
Inspector.
(2) Leave rules, applicable to workers in a factory,
approved by Government when granting exemption to the factory under section
49-A shall not be altered without previous permission of Government.
Festival Holidays (Section 49-I)
131. (1) In public utility services as mentioned in
the schedule of the Industrial, elations Ordinance, 1959, the provisions of
section 49-1 of the Act regarding festival holidays shall apply to only those
workers who are granted this facility by the manager through a notice displayed
on the Notice Hoard prior to such holiday. All other workers shall attend to
their normal duties. In such public utility services, a worker may be paid at
twice the rate of ordinary pay for work performed on a festival holiday or one
days additional compensatory holiday with full pay and a substituted holiday in
accordance with the provisions of section 35.
(2) The above provisions shall also apply to all other
factories if the worker wants encashment instead of compensatory leave.
(3) The manager shall allow non-Muslim workers
intending to enjoy their festival holidays to adjust the same against the
festival holidays declared under section 49.1 for others.
Notice of periods of work for Children (Section 55)
173. the notice of periods of work for children
provided under sub-section (1) of section 56 shall -be in the same form as that
prescribed meet rule q for adults,
Register fair Child Workers (Section 56)
133. (1) The register of child workers in all
factories as provided under sub-notion (2) of section 56 shall be in Form U.
(2) The, register shall be maintained for three years
in non-seasonal factories while in seasonal factories it shall be maintained
at least for one year beginning from the date of the commencement of the
season.
(3) The register shall always be available for
inspection by the Inspector and if not produced on demand being made therefore
by the Inspector, the manager shall be responsible for its non-production,
whether ho was present in the factory at tune of the demand or hot.
Display of Factory Notices (Section 76)
134. The abstract of the Act and of the Rules made
there-under provided under section 76 shall be in the form given in Appendix
III.
Submission of Returns (Section 77)
135. The manager shall furnish the following returns
to the Chief Inspector era or before the date specified in respect of each
return.
(1) On or before the fifteenth of January each year,
an annual return in duplicate in Form V:---
Provided that in case of a factory in which work is
carried on only during a certain season or seasons of the year the manager
shall submit the annual return within fifteen days after the date of that
season or of the last of those seasons as the case may be.
(2) A halt-yearly return in duplicate in Form W for
the half year, ending thirtieth June and thirty-first of December on or before
the fifteenth of July and the fifteenth of January respectively following half
year to which it relates;
Provided that in the case of factory in which the work is carried on only
during a certain season or seasons of the year the half yearly return shall not
be furnished.
(3) Before the end of every calendar month, return
giving notice of the days can which it is intended to close a factory during
the succeeding month.
136. Repeal---The
West Pakistan Factories Rules, 1962, as applicable to Punjab, are hereby
repealed.
FORM A (Rule 3).
Notice of Occupation)
1. Name of Occupier ..................................................
................................................
2. Name of factory
..................................................
.................................................. ..
3. Location of factory
..................................................
................................................
4. Full postal address of factory
..................................................
.................................
5. Nature of moving power used
..................................................
................................
6. Amount of moving power used
..................................................
...............................
7. Nature of work carried on
.................................................. ......................................
8. Name of manager for the purpose of the Factories
Act ............................................
9. Time of beginning and ending work on each day,
showing the period of rest-interval.
10. Greatest number of persons simultaneously employed
anywhere within the precincts of the factory on any one day in the year
..................................................
(a) Permanent staff (including clerical
establishment).
(b) Men.............................................
(c) Women........................................
(d) Children.......................................
(e) All other type of labour (including contractors
labour).
11. Number of gins (in case of cotton ginning
factories only) .............................................
12. Date of its functioning ..................................................
..............................................
(Signature of Occupier)
.............................................
(Signature of Manager)
.............................................
(Date of dispatch of notice)
......................................
FORM B (Rule 8)
Register of Factories
|
Serial No. |
District. |
Number of Factory with location. |
Postal address. |
Nature of moving power on. |
Nature of work carried on. |
Name of occupier. |
Name of Manager |
Date |
FORM C (Rule 9)
Inspection Book
|
Serial No. |
Name and address of factory. |
Date of Inspection. |
Irregularities noticed. |
Remarks. |
Signature of the inspecting officer. |
|
1 |
2 |
3 |
4 |
5 |
6 |
FORM D (Rule 11)
Certificate of Age under Section 52 (2) of the Factories Act, 1934
|
1. Serial No
.. Serial No
.. personally examined name(1) .
4. Fathers name
..
.. being employed in a factory and 8. Physical fitness
that his/her age as
nearly as can be
......years, and that he/she is fit for employment as a child/an Thumb-impression. Certifying Surgeon. |
FORM E (Rule 13(2) )
Register of fees paid for the issue of Duplicate Certificate under
Section 52 of Factories Act.
|
1 |
2 |
3 |
4 |
5 |
6 |
|
Date |
Serial No. |
Number of previous certificate. |
Name of person to whom granted. |
Amount of fee charged |
Initial of Certifying Surgeon. |
Paid into treasury
..................................................
.................................................. ........
Date .................................................. ..................................................
...........................
Signature of certifying surgeon.
FORM F (Rule 17 and 45)
Lime-Washing, Painting, Varnishing
|
Part of factory name or particulars of room. |
Parts, lime- washed, painted or varnished e.g. walls
ceiling wood work. |
Treatment whether lime- washed painted or varnished.
|
Date on which lime-washing, painting or varnishing
was carried taut (according to the calendar). |
Signature of |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
Day Month Year
FORM F. I. (Rule 47(1)
Hygiene Card
Card No
.. Designation
..
Name of worker
..
..
Fathers name
..
..
Ticket number of worker
..
|
Date of examination. |
Whether free from any contagious disease or not. |
Remarks brief description of disease in case, it is
detected. |
Thumb-impression or signature of worker. |
Signature of |
|
1 |
2 |
3 |
4 |
5 |
FORM G (Rule 111)
Exemptions
|
Section or Rule from which examination is granted |
Subject dealt with |
Extent of and reason for exemption |
Date and number of order |
Signature of occupier or manager |
Remarks |
|
1 |
2 |
3 |
4 |
5 |
6 |
FORM H (Rule 28)
Humidity Register
|
Name of factory
Month
the Department
Department
. Number of Hygrometers
|
|
|
1st Reading |
1st Reading |
1st Reading |
Average |
Wet Kata |
|
||||||||||
|
Date |
Dry bulb |
Wet bulb |
Relative humidity |
Dry bulb |
Wet bulb |
Relative humidity |
Dry bulb |
Wet bulb |
Relative humidity |
Dry bulb |
Wet bulb |
Relative humidity |
Dry bulb |
Wet bulb |
Relative humidity |
Average |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
Monthly average
------------------------------------------------------------------------------------------------
I certify that the above Hygrometerical and Wet Kata reading records are
correct during the month of
Signature of Controller
FORM I (Rule 38)
Particulars of Rooms
|
Name or particulars |
Dimension of room in feet |
Total floor area in square feet |
Floor area occupied by machiner-y in the room |
Breathing space (cubic contents in cubic feet) |
Maximum No. of persons who may be employed in the
room |
Signature of Occupier or Manager |
Remarks |
||
|
|
Length |
Breadth |
Height |
|
|
|
|
|
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
FORM J (Rule 75)
Register for Inspection for Hoist and Lift
|
Serial No. |
Name of the machinery |
Date of manufacture and the name of the supplier |
Repairing carried out, if any |
Safe Working load |
Signature of the Manager |
Remarks |
FORM J-I (Rules) 82 & 83)
First Accident Report
(To be submitted within 24 hours from the time of occurrence of the Accidents).
1. (a) Name and address of the factory
.................................................. ......................
(b) Telephone No .................................................. ...........
......................................
2. Name and address of owner/occupier
.................................................. ...........................
3. Principal products services rendered;
.................................................. ............................
(i) .................................................. ................
(ii) .................................................. ................
4. Particulars, of the injured person
..................................................
...................................
(a) Name with fathers name ..................................................
................
(b) Address (i) Present ..................................................
........................
(ii) Permanent ..................................................
.....................................
(c) Age ..................................................
..............................................
(d) Sex ..................................................
..............................................
(e) Occupation ..................................................
...................................
5. Date and time of accident ..................................................
...................................
6. Branch/Department/place where accident occurred
...............................................
7. Brief Description of ..................................................
.................................................. .
(a) Courses of accident
(b) Nature of Injuries
8. Name and address of witnesses to the accident
(1) ..................................................
.................................................. ....................
(2) ..................................................
.................................................. ....................
9. Name and address of the medical officer
.................................................. ........
under whose treatment the injured person has been placed
....................................
10. Date and time of dispatch of report
Signature of Owner/Manager
Notice of Accident: FORM J-II (Rule 86)
Final Accident Report
(1) To be submitted within 3 months from the date of
occurrence of the accident:
(a) Name and address of factory.
(b) Telephone No.
(2) Name and address oh owner/occupier.
(3) Principal products service rendered
(i)
(ii)
(iii)
4. Particulars of the injured person,---
(a) Name with fathers name.
(b) Address.
(i) Present.
(ii) Permanent.
(c) Age,
(d) See
(e) Occupation
5. Nature of accident (Please tick applicable).
(i) Death.
(ii) Permanent total disablement.
(iii) Permanent partial disablement.
(iv) Injury causing absence from work exceeding 20
days.
(v) Injury causing; absence from work for snore than
48 hours and up to 20 days.
(vi) Injury causing less than (48 hours absence) (if
this sub-item is ticked please do nut fill up item 6 to 10).
6. The accident resulted, in permanent partial
disablement to the injured person (tick one or more as may be the case) in the
following list of injuries :
*Loss of,---
Right arm above or the elbow One eye
Left arm above or at the elbow Thumb
Right arm below the elbow All toes of one feet
Left arm below the elbow One phalanx of thumb
Leg at or above the knee Index finger
Leg below the knee Great toe
Hearing-permanent total Any finger other than index
finger
*Loss of any limb or member also includes list of its
use.
7. Classification by type of accident (please tick
applicable).
(i) Fall of persons (vi) Explosion
(ii) Falling objects (vii) Fire
(iii) Stamping on strike against (viii) Erruption of
water or struck by objects ex-
(ix) Suffocation by gases cluding falling objects. (x)
Any other type (specify, e.g., over
exertion/strenuous
(iv) Electricity movement, etc.)
(v) Poison corrosive and
harmful substances including reduction.
8. Classification by agency of accident (please tick
applicable).
(i) Prime mover (vii) Other Transport and
(ii) Transmission Machinery haulage.
(iii) Lifting Machinery (viii) Hand tools
(iv) Working Machinery (ix) Any other agency (specify
(v) Other equipment and. ins- e.g., water transport, tallations.
pressure vessels furnaces
(vi) Rail Transport ovens, kilns, etc.)
9. Period of working hours (for absence from duty in
the case of non-fatal accident).
10. In case of injury involving absence of more than
90 days entry in item 9 be made as the injured person is still absent instead
of writing number of days.
11. Name and address of the Medical Officer under
whose treatment, the injured person has been placed.
Date of despatch of report.
Signature of Owner/Manager.
For use by Chief Inspector of Factories.
Secretary to Government of the Punjab, Labour
department,
FORM K (Rule 95 (1))
Certificate of Stability
1. Town and district in which factory is situated.
2. Full postal address.
3. Owner of building.
4. Company, firm or occupier by whom the factory will
be operated.
5. Nature of work to be carried on.
6. Approximate area of the factory building.
7. Approximate area of the premises.
8. The number of floors on which workers will be
employed.
9. Details and strength of materials used.
10. Details of iron, work with measurement of spans
and loads carried by stanchion and pillars.
Certified that the undersigned has carried out a
detailed survey of the building and material referred to above and is satisfied
that the margin of safety in accordance with the recognized standard required
by the Architects and Builders Association and further that the erection has
been carried out in such a ways as to give the building reasonable stability
and to provide the maximum safety in working the machines housed in the
building.
Signature-
Designation-
FORM L (Rule 97)
Notice of periods for work Adults/Children
Name of factory- Hours of closing work
Place where situated-- Period of rest interval
Hours of starting work- Weekly holiday given on-Date
Signature of Manager.
FORM L (a) (Rule 97)
Notice of periods for work for Adults/Children
Name of factory- On half holiday which is given on
Place where situated- Hours of starting work
Ordinary days- Hours of closing work
Hours of starting work- Weekly holiday given on
Period of rest interval
Date
Signature of Manager.
FORM L (b) (Rule 97)
Notice of periods for persons working by Shifts
Name of factory
..................................................
................................................
Place where situated
..................................................
..........................................
Shift Begins at Ends at Interval
------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------
Signature of Manager.
FORM M [Rule 98 (1)]
Register of Adult workers for the year
Working hours
Form
. To
Name of factory
.. 1st period
.
For the month of
. Rest interval
.
Place where situated
.. 2nd period
|
Serial No. |
Name |
Fathers name |
Address |
Age |
Caste or religion |
Nature of work |
Signature of |
Remarks |
FORM O [Rule 114 (1)]
Overtime Muster Roll for persons on Exempted Work
Month ending ..................
|
Workers number in register |
Name |
Department |
Date on which over-time has been taken |
Extent of over-time on each occasion |
Total over-time worked |
Normal hours |
Normal rate of hours |
Normal earnings |
Over-time earnings |
Total earnigns |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
FORM M-I (Rule 98 (2)
Attendance Register
Shift ---------------------
--------------------------
|
|
|
|
|
Designation |
Attendance |
Signature of the manager |
||||||||||
|
Serial No. |
Serial No. |
Name |
Fathers name |
Occupation |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
|
FORM N [Rule 107 (ii)]
Register of Adult Workers Employed in Tea Factories
Name of factory
.. For week ending
|
Serial No. |
Name |
Nature of work |
Group No. |
Period of work |
Sunday |
Monday |
Tuesday |
Wednes-day |
Thurs-day |
Friday |
Satur-day |
Records of transfer from one group to another |
Remarks |
|||||||
|
|
|
|
|
|
In |
Out |
In |
Out |
In |
Out |
In |
Out |
In |
Out |
In |
Out |
In |
Out |
||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|||||||
1st
.
2nd
3rd
.
4th
.
1st
.
2nd
.
FORM P [Rule 118 (1)]
Register of workers exempted from the provisions of
section 35 of the Factories Act
|
|
|
|
|
|
|
Weekly rest days lost during the exempting order in |
Date of Compensatory days given |
|
|
||||||||||
|
Serial No. |
No in the register of workers |
Name |
Group of relay number |
Number |
Year |
Jan. to March |
April to June |
July to Sep |
October to Dec. |
Jan. to March |
April to June |
July to Sep. |
October to Dec. |
Lost rest days carried to the next year |
Remarks |
|
|||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
||||
FORM Q (Rule 118)(a)]
Compensatory Holidays Annual Return
For the year ending 31st December, 19 for
the season ending.
Name of Factory
.................................................. ........................................
Name of Occupier
........................................... Name of Manager
....................................
1. District ..................................................
.......................................
2. Postal Address ..................................................
...........................
3. Nature of Industry.
4. Number of workers exempted from section 35 of the
Factories Act.
Men.
Women.
(1) Same month.
(2) Following month.
(3) third month.
(4) Fourth month.
FORM R [Rule 119 (1)]
Register of Holidays with pay
Part I-Adults
Part II- Children
Factory
Department
..
|
|
|
|
|
|
Interruption |
|
|
|
|||
|
Serial No. |
Serial No. in the register of adult/child workers |
Name |
Fathers name |
Date of entry into service |
Sickness and accident |
Autho-rised leave |
Lockout arid legal strike. |
Involun-tary unempl-oyment |
others |
Holi-day w.e.f. |
Whether Holidays not desired during the next 12
months |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
|
|
Remuneration Period |
|
Discharged Worker |
Dates on which the worker has been allowed |
|
||
|
Date from which they worker is allowed leave. |
1st moiety |
2nd moiety |
Name of the nomi-nee |
Date of discharge |
Date and amount payment in lieu of holidays. |
(a) Casual leave |
Remarks |
|
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
FORM S [Rule 119(1)]
Holiday with pay annual return
Name of factory
. Return for the year
ending 31st
December, 19
Name of Occupier
.
Name of Manager
.
District
.
.
.
Postal Address
.
.
Nature of industry
.
.
Total number of persons employed during the year
.
Men
..
Women
.
Children
Number of persons who completed welve months continuous service during the
year-----
Men
..
Women
.
Children
Number of persons granted holidays during the year.---
Men
..
Women
.
Children
Number of persons who gave notice to avail themselves of holidays during the
year in which holidays occurred----
Men
..
Women
.
Children
FORM T (Rule 120)
Holiday Book
Will be the same as the register of holidays with pay will be made out for each
worker on a thick bound sheet.
FORM U (Rule 133)
Register of Child workers under section 56 of the Act
Working hours. For the month of
.
From
.
.
.
Name of factor
.
Place where situated.
.
1st period.
Rest Interval.
2nd period.
|
Serial No. |
Name |
Fathers Name |
Caste/ religion |
Nature of work |
Group |
Relay |
Provincial Certificate |
Certifying Surgeons Certificate |
||
|
|
|
|
|
|
|
|
Number |
Date |
No. |
Date |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
FORM V [Rule 135 (1)]
Annual Return
Name of Factory
................................................ Return of the year ending 31st
December, 19 .
Seasons ending
................................................
Name of Manager ................................................
Name of Occupier ..................................................
..............................................
1. District ..................................................
.................................................. .....
2. Postal Address ..................................................
..........................................
3. Nature of Industry ..................................................
.....................................
4. Average number of workers employed-
Adults: Men
..
Women
.
Adolescent: Male
..
Female
..
Children: Boys
..
Girls
..
5. Normal hours worked per week
..
6. Number of days worked in the year
..
7. What rest intervals were given to adults
.
8. What rest intervals were given to Children
9. Were week days sometimes substituted for Sunday as weekly Holiday
...........................................
..
10. Were the majority of workers exempted for the provisions of sections:
34
35
36
37
38
11. Was the factory exempted under the second Proviso to section 41 (1) ?
.....................
12. Was the factory exempted under section 45 (2) ? ........................
Signature of Manager.
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