GUJARAT FACTORIES RULES, 1963

CHAPTER I PRELIMINARY

Rule - 1. [Short title and extent.

(1)     These rules may be called The Gujarat Factories rules, 1963.

(2)     They shall extend to the whole of the State of Gujarat.][1]

Rule - 2. Definitions.

In these rules unless there is any repugnant in the subject or context-

(a)      "Act" means the factories Act, 1948.

(b)      "Appendix" means an appendix appended to the Rules.

(c)      "Artificial humidification" means the introduction of moistures into the air of a room by any artificial means whatsoever, except the unavoidable escape of steam or water vapour into atmosphere directly due to a manufacturing process:

Provided that the introduction of air directly from outside through moistened mats or screens placed in openings at times when the temperature of the room is 80 degrees or more, shall not be deemed to driving strap or rope.

(d)      "Degrees" (of temperature) means degrees or Fahrenheit scale.

(e)      "District Magistrate" includes such other officials as may be appointed by the State Government in that behalf.

(f)       "Form" means a Form prescribed in these rules.

(g)      "Fume" includes gas or vapour.

(h)     "Health Officer" means the Municipal Health Officer, District Health Officer or such other official as may be appointed by the State Government in that behalf.

(i)       "Hygrometer" means an accurate wet and dry bulb hygrometer confirming to the prescribed conditions as regards constructions and maintenance.

(j)       "Inspector" means any Inspector appointed under the Act and includes the Chief Inspector of Factories and a District Magistrate.

(k)      "Maintained" means maintained in an efficient state, in efficient working order and in good repair.

(l)       "Manager" means the person responsible to the occupier for the working of the factory for the purpose of the Act.

Rule - 2A. [Competent Person.

(1)     The Chief Inspector may recognize any person as a "Competent person", for such area and for such period as may be specified, for the purpose of carrying out tests, examination and inspections of such buildings, dangerous machineries, hoists and lifts, lifting machines and lifting tackles, pressure plants, confined spaces, ventilation systems and such other processes or plants and equipments located in a factory, as stipulated in the Act and the rules, if such a person possesses the qualifications experience and other requirements as set out in the Schedule annexed to this rule:

Provided that the Chief Inspector may relax the requirements of qualifications (but not the requirements in respect of the facilities at the command of such a person) if such a person is exceptionally experienced and knowledgeable

Provided further that where it is proposed to recognise a person employed under the Chief Inspector as "competent person" recognised under this provision shall not be above age of 62 and shall be physically fit for the purpose of carrying out the tests, examinations and inspections.

(2)     The Chief Inspector may recognise as a "Competent Person" for such area and for such period as may be specified by him any of the reputed institutions having persons possessing qualifications and experience as set out in the Schedule referred to in sub-rule (1) of this rule for the purpose of carrying out the tests, examinations and inspections of such building, dangerous machineries, hoists and lifts, lifting machineries and lifting tackles, pressure plants, confined spaces, ventilation systems and such other processes or plants and equipments as-stipulated in the Act and rules made thereunder.

(3)     The Chief Inspector shall, on receipt of an application in the prescribed Form No. 26 or 27 from a person or institution respectively, intending to be recognised as a "Competent person", register such application immediately and after having satisfied himself as regard competence and facilities available at the disposal of the applicant, either recognise the applicant as a "Competent person" and issue a certificate of competency in the prescribed Form No. 4A within a period of sixty days from the date of receipt of the application or reject the application specifying the reasons therefor.

(4)     The Chief Inspector may, after giving an opportunity to the person of being heard, revoke the certificate of competency.

(i)       if he has a reasons to believe that competent person.

(a)      has violated any of the conditions stipulated in the certificate of competency or;

(b)      has carried out a test, examination and inspection or has acted in a manner inconsistent with the intent or the purpose of the Act and rules or has omitted to act as required under the Act and Rules; or

(ii)      for any other reasons to be recorded in writing.

Explanation. For the purpose of this rule, institution includes an organization.

(5)     The Chief Inspector may, for reasons to be recorded in writing, required recertification of lifting machines, lifting tackles, pressure plants or ventilation systems, as the case may be, which has been or have been certified by a competent person of other State.][2]

SCHEDULE

(Prescribed under Rule 2-A(1)]

Rules 3 to 11 prescribed under Sub-section (1) of Sec. 6

Rule - 3. Approval of plans.

(1)     An application for obtaining previous permission for the site on which the factory is to be situated and for the construction or extension of a factory shall be made to the Chief Inspector of Factories. Application for such permission shall be made in Form No. 1 which shall be accompanied by the following documents;

(a)      a flow chart of the manufacturing process supplemented by a brief description of the process in its various stages:

(b)      plans in duplicate drawn to scale showing

(i)       the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drains, etc.;

(ii)      the plan elevation and necessary cross-sections of the various buildings, indicating all relevant details relating to natural lighting, ventilation and means of escape in case of fire. The plans shall also clearly indicate the position of the plant and machinery, aisles and passage ways; and

(c)      such other particulars as the Chief inspector may require.

(2)     if the Chief Inspector is satisfied that the plans are in consonance with the requirements of the Act he shall, subject to such conditions as he may specify, approve them by signing and returning to the applicant one copy of each plan or he may call for such approval to be given.

Rule - [3-A.

No building or premises shall be constructed, extended or taken into use as factory or part of factory unless the previous permission in writing is obtained from the Chief Inspector of Factories.][3]

Rule - [3-B.

The State Government may require, for the purpose of the Act, submission of plan of any factory which was either in existence on the date of commencement of the Act or which has not been constructed or extended since then. Such plans shall be drawn to scale showing:

(a)      the site of the factory and immediate surroundings including adjacent buildings and other structures, roads, drainage, etc.:

(b)      the plan, elevation and necessary cross section of the factory buildings indicating all relevant details relating to natural lighting, ventilation and means of escape in case of the fire and the position of the plant and machinery, aisles and passage ways, and

(c)      such other particulars as the State Government may require.][4]

Rule - 3-C. [Certificate of stability.

No manufacturing process shall be carried out in any premises of a factory constructed, reconstructed or extended or in any premises which has been taken into use as a factory or part of the factory until a certificate of stability issued by a competent person in respect of every work of engineering construction in the Form No. 1-A has been sent by the Occupier of the Factory to the Chief Inspector of Factories and accepted by him:

Provided that for the factories which are in existence on the date of coming Into force of these rules, the certificate of stability in Form 1-A may be sent to the Chief Inspector of Factories within three months from the date of publication of this Notification:

Provided further that no manufacturing process shall be carried out in any premises of a factory unless a fresh certificate of stability in Form 1-A is obtained from a competent person once in each period of five years or after every extension, alteration, repairs or addition of machinery, plants etc. and sent to the Chief Inspector of Factories:

Provided also that, the foregoing provisions are without prejudice to the provisions of Sees. 39 and 40 of the Act.

Explanation."Work of engineering construction" means any building tanksilo, scaffold, platform, chimney, bridge, supporting structural work, retaining wall or any similar structure.][5]

Rule - 4. [Application for registration and grant of licence.

(1)     The occupier or manager of every factory to which the Act applies shall submit to the Chief Inspector an application in triplicate in Form No. 2 for the registration of the factory accompanied by an application in Form No. 3 for the grant of a licence therefor:

Provided that the occupier manager of a place to which the provisions of the Act are made applicable by a notification under Sec. 15 of the Act shall submit an application within 30 days of the date of the notification.

(2)     Every application in Form No. 2 shall be accompanied by a treasury receipt, a crossed cheque, a crossed Indian Postal Order or as the case may be, an invoice for book adjustment for payment of the purpose as specified in the Schedule below.

[6][SCHEDULE W.E.F. 5-6-2006

Provided that.

(i)       fees to be charged for the following classes of Factories shall be one half of those specified above if they do not work for more than 180 days in the aggregate in a calendar year:

(a)      Cotton Ginning and Pressing Factories,

(b)      Gur Factories,

(c)      Zarda Factories (tobacco processing),

(d)      Cashew nut Factories.

(e)      Groundnut Decorticating Factories,

(f)       Rice Mills,

(ii)      in the case of other factories working for a part of the year, commencing work on or after the 1st day of July the fees to be charged for the first time shall be one half of the relevant fees specified in the Schedule aforesaid subject to a minimum of Rs. 5.

Rule - 5. [Grant of licence.

(1)     The Chief Inspector may, on receipt of an application under sub-rule (1) of Rule 4, and on payment of the relevant fees specified in sub-rule (2) of that rule, and on being satisfied that there is no objection to the grant of licence applied for, register the factory and grant the licence in Form No. 4 to the applicant to use as factory such premises as are specified in the application and subject to compliance with such conditions as are specified in the licence.

(2)     The Chief Inspector may refuse to register the factory and to grant a licence, if he is satisfied

(i)       that an application is not accompanied by plans

(a)      of the site on which the factory is to be situated,

(b)      for the construction or extension of the factory, or

(ii)      that the application is accompanied by plans which have not been approved or the condition subject to which they are approved have not been complied with.

(iii)     that material requirements of the relevant provisions specified in Schedule to Rule 102 of these rules in relation to the factory concerned have not been complied with, or

(iv)    that there is imminent danger to life in the factory due to explosive or inflammable dust, gas or fumes and effective measures, in his opinion have not been taken to remove the danger.

(3)     Subject to the provisions hereinafter contained with respect to cancellation 1. Substituted by G.N.E., and L.D. Nos. FAC 1060/13224-1, Dated 21-1-1964. 

and unless earlier renewed under Rule 7, every such licence shall remain in force, until the 31st day of December next following and shall then expire.][8]

Rule - 6. Amendment of licence.

[9][(1) A licence granted under Rule 5 may be amended by the Chief Inspector/Director, Industrial safety & health or the Inspectors within their local Limits].

(2)   A licensee shall be required to have his licence amended if there is a change in the name of factory, or if the factory for which the licence is granted exceeds the limits specified in the licence in regard to horse-power or the number of persons employed. The licensee whose licence is required to be amended [10][shall submit it to the Chief Inspector Director, Industrial safety and Health] [11][or the inspector within their Local limits] so as to reach him within a period of 30 days from the date the event requiring amendment of the licence occurs with an application stating the nature of the amendment and reasons therefor:

[12][Provided that no amendment of the licence shall be necessary in respect of changes in the number of workers or horse-power or both unless such changes Involve higher licence or renewal fee.]

[13][(3) Where a licence is required to be amended under sub-rule (2) the fee to be paid for such amendment shall be equal to the difference between the license or renewal fees on the basis of the higher number of workers and horse power and fees for the grant of licence or renewal thereof already paid for the year or part thereof.]

[14][(4) If the application for the amendment of licence is received at any time after the expiry of the period specified in sub-rule (2) then not withstanding any action which may be taken against the licensee for such default, the licence may be amended on payment of an additional fee equal to 25 per cent of the fee payable under sub-rule (3).]

Rule - 7. [Renewal of license.

(1)     An application for the renewal of licence shall be sent by registered post to the Chief Inspector Director, Industrial safety and Health] [15][or the inspector within their Local limits] in Form No. 3 accompanied by a treasury receipt, a crossed cheque, crossed Indian Postal Order or as the case may be, an invoice for book adjustment, for payment of the fees specified in the Schedule to Rule 4, so as to reach him not later than two months before the date on which the licence is due to expire:

Provided that where a factory commences work on or after the 1st day of November in any year, application for renewal of the licence shall be made on or before the 1st day of January next following.

[16]"Provided further that an application for the renewal of licence shall be made for five consecutive years. The payment of fees for the renewal of licence shall be five times of the fees specified in the schedule to rule 4."

(2)     On receipt of the application under sub-rule (1), Chief Inspector, Director, Industrial safety and Health] [17][or the inspector within their Local limits] the Chief Inspector may, if he is satisfied that there is no objection of the renewal of the licence, renew the same or may, after recording his reason refuse the renewal of licence applied for on any of the grounds specified in sub-rule (2) of Rule 5.

Provided that where the application for the renewal of the licence is made after the expiry of the period specified in sub-rule (1), it may be renewed on payment of an additional fee of 25 percent of the fee payable for the renewal of the licence.][18]

Rule - 8. Transfer of licence.

(1)     The holder of a licence may, at any time before the expiry of the licence, apply for permission to transfer his licence to another person.

(2)     Such application shall be made on the Chief Inspector/Director, Industrial safety and Health] [19][or the inspector within their Local limits] who shall enter upon the licence, under his signature, an endorsement to. the effect that the licence has been transferred to the person named.

(3)     A fee of [20][fifty] rupees shall be charged on each such application.

Rule - 8-A. [When licence deemed to be granted or renewed.

Where an application for the grant or renewal of licence is duly made in accordance with these rules, the factory in respect of which the licence is to be granted or renewed, as the case may be, shall be deemed to be duly licensed until such licence is granted or renewed or until an intimation that the grant or renewal of the licence had been refused is communicated to such person.

Explanation.For the purpose of this rule an application for the grant or renewal of a licence shall be deemed to have been duly made only if it is in the form specified there of and is filled in with all relevant particulars and further is accompanied by a treasury receipt, a crossed cheque, a crossed Indian Postal Order or as the case may be, an invoice for book adjustment, for payment of the fees in accordance with the Schedule annexed to Rule 4.][21]

Rule - 9. Procedure on death or disability of licensee.

If a licensee dies or becomes insolvent, the person carrying on the business of such licensee shall not be liable to any penalty under the Act for exercising the powers granted to licensee by the licence during such time as may be reasonably be required to allow him to make an application for the amendment of the licence under Rule 6 in his own name for the unexpired portion of the original licence.

Rule - 10. [Loss of licence.

(1)     Where a licence granted under these rules is lost or destroyed, a duplicate thereof may be granted.

(2)     The Chief Inspector may require a licensee to obtain a duplicate licence if the original licence is defaced or spoilt.][22]

Rule - 11. [Mode of payment of fee.

(1)     Every application under these rules shall be accompanied by a treasury receipt showing that the appropriate amount of fees has been paid into the local treasury under the head of account "XXXII. Miscellaneous Social & Development Organizations" or by a crossed cheque or crossed Indian Postal Order for the appropriate amount of fees drawn in favour of Chief Inspector:

Provided that in the case of a Government factory the payment of the appropriate amount of fees shall be made in the same manner as payments of amounts due by one Government Department to another are ordinarily made.][23]

(2)     If an application for the grant, renewal or amendment of a licence is rejected the fee paid shall be refunded to the applicant

[24][(3) Where such application is granted, any amount paid by the applicant in excess of the prescribed fee shall be refundable only after the expiry of one year from the date of such grant or the same may be adjusted against payment of any fees due for the next succeeding year.]

Rule - 11-A. [Suspension of licence.

(1)     If before the 31st October of any year an occupier notifies his intention in writing to the Chief inspector that during the year following the premises in respect of which licence is issued will not be used for the working of the factory, the Chief inspector may suspend the licence granted in respect of such factory.

(2)     A licence suspended under sub-rule (1) may be revived on receipt of an application for renewal in Form No. 3 accompanied by the licence for the remaining part of the year on payment of the relevant fees specified in Rule 7 and a surcharge at the rate often percent of such fee.][25]

FORM PRESCRIBED UNDER SUB-SEC. (1) OF SEC. 7

Rule - 12. Notice of occupation.

The notice of occupation shall be in Form No. 2.

Rule - 12-A. [Notice of appointment of new manager.

The notice of appointment of a new manager shall be sent under sub-sec. (41) of Sec. 7 in Form 3-A.][26]

Rule - 12-B. [Maintenance of records.

The occupier shall maintain records, in Form No. 37 in respect of monitoring of working environment in the factory.

Rule - 12-C. Health and safety policy.

(1)     The occupier of every factory shall prepare except as provided in sub-rule (2), a written statement of his policy in respect of Health & Safety of workers at work.

(2)     All factories-

(a)      covered under Sec. 2(m) but employing less than 50 workers;

(b)      covered under Sec. 2(m) (II) but employing less than 100 workers; are exempted from requirements of sub-rule (1).

(3)     The health and safety policy shall contain or deal with

(a)      declared intention and commitment of the top management to health, safety and environment and compliance with all the relevant statutory requirements;

(b)      organizational set-up to carry out the declared policy clearly assigning the responsibility at different levels: and

(c)      arrangements for making the policy effective.

(4)     In particular, the policy shall specify the following:

(a)      arrangements for involving the workers;

(b)      intention of taking into account the health and safety performance of individuals at different levels while considering their career advancement:

(c)      fixing the responsibility of the contractors, sub-contractors, transporters and other agencies entering the premises;

(d)      providing a resume of health and safety performance of the factory in its Annual Report;

(e)      relevant techniques and methods (such as safety audits and risk assessment) for periodical assessment at least once in every two years on the status of health, safety and environment and taking all the remedial measures.

(f)       stating its intention to integrate health and safety, in all decisions including those dealing with purchase of plant, equipment, machinery and material as well as selection and placement of personnel.

(g)      arrangements for informing, educating and retraining and retraining its own employees at different levels and the public, wherever required.

(5)     A copy of the declared health and safety policy signed by the occupier shall be made available not only to the Inspector having jurisdiction over the factory but also to the Chief Inspector.

(6)     The policy shall be made widely known by

(a)      making copies available to all workers including contract workers, apprentices, transport workers, suppliers, etc.

(b)      displaying copies of the policy at conspicuous places: and

(c)      any other means of communication in a language understood by majority of workers.

(7)     The occupier shall revise the safety policy as often as may be appropriate, but it shall necessarily be revised under the following circumstances:

(a)      whenever any expansion or modification having implications on safety and health of persons at work is made, or

(b)      when new substances or articles are introduced in the manufacturing process having implications on health and safety of persons exposed to such substances.][27]

CHAPTER II THE INSPECTING STAFF

RULE PRESCRIBED UNDER SUB-SEC. (1) OF SEC. 8

Rule - 13. Appointment of Inspectors.

No person shall be appointed as inspector for the purposes of the Act unless he possesses the qualifications prescribed for such inspectors in the Bombay Civil Services Classification and Recruitment Rules at the time of his appointment.

RULE PRESCRIBED UNDER SEC. 9

Rule - 14. Powers of Inspectors.

An Inspector shall, for the purpose of the executing of the Act, have power to do all or any of the following things that is to say

(a)      to photograph any worker, to inspect, examine, measure, copy, photograph, sketch or test, as the case may be any building or room, any plant, machinery, appliance or apparatus; and register or document or anything provided for the purpose of securing the health, safety or welfare of the workers employed in a factory;

(b)      In the case of an Inspector who is a duly qualified medical practitioner to carry out such medical examinations as may be necessary for the purposes of this duties under the Act;

(c)      to prosecute, conduct or defend before a Court any complaint or other proceeding arising under the Act or in discharge of his duties as an Inspector:

Provided that the powers of the District Magistrates and such other officers as are appointed to be Additional Inspectors shall, unless otherwise expressly provided in the notifications under sub-sec. (5) of Sec. 8, be limited to the inspection of factories in respect of the following matters, namely.-

Cleanliness (Sec. 11), Overcrowding (Sec. 16), Lighting (Sec. 17), Drinking water (Sec. 18), Latrines and urinals (Sec. 19), Spittoons (Sec. 20). Precaution in the case of fire (Sec. 38), Welfare (Chapter V), Working hours of adults (Chapter VI) (Except the power of exemption under the proviso to Sec. 62), Employment of young persons (Chapter VII), Leave with wages (Chapter VIII) and Display of Notices (Sec. 108):

Provided further that

(i)       the District Magistrate shall not pass any original orders or remarks under Secs. 11, 17 and 38 of the Act but shall limit and confine his orders or remarks under those section to the points to which the full time Inspector of Factories has, already directed the attention of manager or occupier of the factory as the case maybe;

(ii)      all Additional Inspectors except District Magistrate shall report the defects found and remedies suggested for enforcing compliance with requirements of sections referred to above, to the Chief Inspector who shall pass final orders In each case.

RULES PRESCRIBED UNDER SUB-SEC. (4) OF SEC. 10

Rule - 15. Duties of Certifying Surgeon.

(1)     For purposes of the examination and certification of young persons who wish to obtain certificates of fitness, the Certifying Surgeon shall arrange a suitable time and place for the attendance of such persons, and shall give previous notice in writing of such arrangements to the managers of factories situated within the local limits assigned to him.

(2)     The Certificate in Form No. 5, the foil and counterfoil shall be filled in and the left thumb mark of the person in whose name the certificate is granted shall be taken on them. On being satisfied as to the correctness of the entries made therein and of the fitness of the person examined, he shall sign the foil and initial the counterfoil and shall deliver the foil, so delivered shall be the certificate is granted. The foil so delivered shall be the certificate of fitness granted under Sec. 69. All counterfoils shall all be kept by Certifying Surgeon for a period of at least 2 years after the issue of the certificate.

(3)     If a certificate of fitness issued to a young person is lost on receipt of an application for the grant of a duplicate, the Certifying Surgeon, after making such inquiries as he deems fit, may grant a duplicate thereof. Such application shall be forwarded through the occupier of the factory where the young person is employed.

(4)     (a) A fee of Re. 1 shall be payable for the issue of every certificate of fitness issued under Rule 15(2) and shall be paid by the occupier.

(b) A fee of annas 8 shall be payable for the issue of every duplicate certificate under Rule 15(3) and shall be paid by the occupier.

(5)     The Certifying Surgeon shall, upon request by the Chief Inspector, carry out such examination and furnish him with such report as he may indicate for any factory or class or description of factories where.

(a)      cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on, or other conditions or work prevailing therein, or

(b)      by reason of any change in the manufacturing process carried on or in the substance used therein, or by reason of the adoption of any new manufacturing process or of any new substance for use in a manufacturing process there is likelihood of injury to the health of workers employed in that manufacturing process, or

(c)      young persons are, or are about to be employed in any work which is likely to cause injury to their health.

(6)     For purpose of the examination of persons employed in process covered by the Rules relating to dangerous operations, the Certifying Surgeon shall visit the factories within the local limits assigned to him at such intervals as are prescribed by the Rules relating to such dangerous operations.

[28][(7) At such visits the Certifying Surgeon after examining a worker, shall issue a certificate of fitness in Form No. 5. The record of examination and reexaminations carried out shall be kept in the custody of manager of the factory. The record of the each examination carried out under sub-paragraphs (1) & (2) including the nature and the results of the tests shall also be entered by the Certifying Surgeon in a Health Register in Form No. 20.]

(8)   If the Certifying Surgeon finds as a result of his examination that any person employed in such process is no longer fit for medical reasons to work in that process, he shall suspend such time as he may think fit and no person after suspension shall be employed in that process without the written sanction of the Certifying Surgeon in the Health Register.

(9)   The manager of a factory shall afford to the Certifying Surgeon facilities to inspect any process in which any person is employed or is likely to be employed.

(10) The manager of a factory shall provide for the purpose of any medical examination which the Certifying Surgeon wishes to conduct at the factory (for his exclusive use on the occasion of an examination) a room which shall be properly cleaned and adequately ventilated and lighted and furnished with a screen, a table (with writing materials) and chairs.

CHAPTER III HEALTH

EXEMPTIONS UNDER SUB-SEC. (2) OF SEC. 11.

Rule - 16. Cleanliness of walls and ceilings.

(1)     Clause (d) of sub-sec. (1) of Sec. 11 of the Act shall not apply to the class or description of factories or parts of factories specified in the Schedule hereto.

Provided that they are kept in a clean state by washing, sweeping, brushing, dusting, vacuum-cleaning or other effective means:

Provided further that said clause (d) shall continue to apply.

(i)       as respects factories or parts of factories specified in Part A of the said Schedule, to work-rooms in which the amount of cubic space allowed for every person employed in the room is less than 14.2 cubic meters;

(ii)      as respects factories or parts of factories specified in Part B of the said Schedule, to work-rooms in which the amount of cubic space allowed for every person employed in the room is less than 70.75 cubic meters;

(iii)     to engine houses, fitting shops, lunch-rooms, canteens shelters, creches, cloak rooms, rest rooms and wash-places: and

(iv)    to such parts of walls, sides and tops of passage and staircases as are less than 6.1 meters above the floor or stair.

(2)     If it appears to the Chief Inspector that any part of a factory, to which by virtue of sub-rule (1) any of the provisions of the said clause (d) do not apply or apply as varied by sub-rule (1), is not being kept in a clean state, he may by written notice require the occupier to transparent-wash or colour-wash, wash, paint or varnish the same, and in the event of the occupier failing to comply with such requisition within two months from the date of the notice, sub-rule (1) shall cease to apply to such part of a factory, unless the Chief Inspector otherwise determines.

SCHEDULE-PART A

The following parts of factories.

* Rooms used only for the storage of articles.

* Rooms in which the walls or ceilings consist of galvanized iron, glazed bricks, glass, slate, asbestos bamboo match.

* Part in which dense steam is continuously evolved in the process.

* Parts in which pitch, tar or like material is manufactured or is used to a substantial extent, except in brush works. The parts of a glass factory known as the glass house. Rooms in which graphite is manufactured or is used to a substantial extent in any process.

* Parts in which coal, coke, oxide of iron, ochre, lime or stone is crushed or ground.

* Parts of walls, partitions, ceilings or tops of rooms which are at least 6.1 meters above the floor.

* Ceilings or tops of rooms in print works, bleach works or dye works, with the exception of finishing rooms or warehouses.

* Inside walls of oil mills below a height of 1.5 meters from the ground floor level. Inside walls in tanneries below a height of 1.5 meters from the ground floor level where a wet process is carried on.

PART B

* Coach and motor-body works.

* Electric generation or transforming stations.

* Engineering works.

* Factories in which sugar is refined or manufactured.

* Foundries other than foundries in which brass casting is carried on.

* Gun factories.

* Ship building works.

Those parts of factories where unpainted or unvarnished wood is manufactured.

REGISTER PRESCRIBED UNDER SUB-SEC. (1) OF SEC. 11

Rule - 17. Record of transparent-washing, etc.

The record of dates on which transparent-washing, colour-washing, varnishing, etc. are carried out shall be entered in a Register maintained in Form No. 7.

[29]RULE PRESCRIBED UNDER SUB-SEC. (1) OF SEC. 11 AND SEC. 112

Rule - 17-A. Compound to be kept clean.

The compound surrounding every factory shall be maintained in a sanitary and clean condition free of rubbish, filth or debris.

RULE PRESCRIBED UNDER SUB-SEC. (1) OF SEC. 12

Rule - 18. Disposal of trade wastes and effluents.

(1)     In the case of a factory where the drainage system is proposed to be connected to the public sewerage system, prior approval of the arrangements made shall be obtained from the local authority.

(2)     In the case of factories other than those mentioned in sub-rule (1) of this rule, prior approval of the arrangements made for the disposal of trade-wastes and effluents shall be obtained from the Health Officer.

Rule - 18-A. [Ventilation and Temperature.

(1)     Limit of temperature and air movement.-In any factory, the maximum wet bulb temperature of air in a workroom at a height of 1.5 (meter) above the floor level shall not exceed 300C (800F) and adequate air movement of at least 30 meter per minute shall be provided, and in relation to dry bulb temperature the wet bulb temperature in the work-room at the said height shall not exceed that, shown in the following schedule, or as regards a dry bulb reading inter-mediate between the two dry bulb reading that specified in relation to the higher of these two dry-bulb readings:

SCHEDULE

Provided that if the temperature measured with the thermometer inserted in the hollow glob of 15 cm. diameter coated mat black outside and kept in the environment for not less than 20 minutes exceeds the dry bulb temperature of air, the temperature so, recorded by the glob thermometer shall be taken in place of the dry bulb temperature.

Provided further that when the reading of the wet-bulb temperature outside the shade exceeds 270C (800. 6F), the value of wet-bulb temperature allowed in the schedule for a given dry bulb temperature may be correspondingly increased to the same extent.

Provided also that this requirement shall not apply in respect of factories covered by Sec. 15 and in respect of factories where the nature of work carried on involves production of excessively high temperature referred to in clause (ii) of sub-sec. (1) of Sec. 13 to which workers are exposed for short periods of time not exceeding on hour followed by an interval of sufficient duration in thermal environments not exceeding those otherwise laid down in this rule.

(2)     Provision of Thermometers.

(i)       If it appears to the inspector that in any factory, the temperature of air in a work-room is sufficiently high or is likely to exceed the limits prescribed in sub-rule (1), he may serve, on the manager of the factory, an order requiring him to provide sufficient number of whirring hygrometers or any other types of hygrometers and direct that the dry bulb and wet bulb reading in each such work-room shall be recorded at such position as approved by the Inspector twice during each working shift by a person especially nominated for the purpose by the manager and approved by the Inspector.

(ii)      If the Inspector has reason to believe that substantial amount of heat is added inside the environment of a work-room by radiation from walls, roof, or other solid surroundings, he may serve, on the manager of the factory, an order requiring him to provide one or more globe thermometers referred to in the first provision in sub-rule (I) and further require him to place globe thermometers at places specified by him and keep a record of the temperatures in the suitable registers.

(3)     Ventilation.

(i)       In every factory, the amount of ventilating openings in a work-room below the caves shall, except where mechanical means of ventilation as required by clause (II) below are provided, be of an aggregate area of not less than 15% of the floor area and so located as to afford a continued supply of fresh air:

Provided that this requirement shall not apply in respect of work rooms of factories.

(a)      covered by Sec. 15; or

(b)      in which temperature and humidity are controlled by refrigeration.

(ii)      Wherein any factory owing to special circumstances such as situation with respect to adjacent building and height of the building with respect to floor space, the requirement of ventilation opening under clause (1) cannot be complied with or in the opinion of the Inspector the temperature or air in a work-room is sufficient high and is likely to exceed the limits prescribed in sub-rule (1), he may serve, on the manager of the factory, an order requiring him to provide additional ventilation either by means of roof ventilation or by mechanical means.

(iii)     The amount of fresh air supplied by mechanical means of ventilation in an hour shall be equivalent to about six times the cubic capacity of the work-room and shall be distributed evenly throughout the work-room without dead air-pockets or undue drought caused by high inlet velocities.

(iv)    In regions wherein summer (15th March to 15th July) dry-bulb temperature of outside air in the shade during most part of the day exceed 350C (950F) and simultaneous wet-bulb temperature are 250C (600F) or below and in the opinion of the Inspector the manufacturing process carried on in the work-room of a factory permits thermal environments with relative humidity 50% or more, the Inspector may serve on the manager of the factory an order to have sufficient supply of outside air for ventilation cooled by passing it through water-sprays either by means of unit-type evaporative air-coolers (desert coolers) or. where supply of outside air is provided by mechanical means through ducts in a plenum system, by means of central air-washing plants.]

RULES 19 TO 29 PRESCRIBED UNDER SUB-SEC. (1) OF SEC. 15.

Rule - 19. When artificial humidification not allowed.

There shall be no artificial humidification in any room of a cotton spinning or weaving factory.

(a)      by the use of steam during any period when the dry bulb temperature of that room exceeds 85 degrees;

(b)      at any time when the wet bulb reading of the hygrometer 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 bulb 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 the lower or of these two dry bulb reading.-

SCHEDULE

Provided, however, that clause (b) shall not apply when the difference between the wet bulb temperature as indicated by the hygrometer in the department concerned and the wet bulb temperature taken with a hygrometer outside in the shade is less than 3.5 degrees.

Rule - 20. Provision of hygrometer.

In all departments of cotton spinning and weaving mills wherein artificial humidification is adopted hygrometers shall be provided and maintained in such positions as are approved by the Inspector. The number of hygrometers shall be regulated according to the following scale.

(a)      Weaving department. One hygrometer for departments with less than 500 looms, and one additional hygrometer for every 500 or part of 500 looms, in excess of 500.

(b)      Other departments. One hygrometer for each room of less than 8495 cubic meters capacity and one extra hygrometer for each 5663.4 cubic meters or part thereof, in excess of this.

(c)      One additional hygrometer shall be provided and maintained outside each cotton spinning and weaving factory wherein artificial humidification is adopted, and in position approved by the Inspector, for taking hygrometer shade readings.

Rule - 21. Exemption from maintenance of hygrometers.

When the Inspector is satisfied that the limits of humidity allowed by the Schedule to Rule 19 are never exceeded, he may, for any department other than the weaving department, grant exemption from the maintenance of the hygrometer. The Inspectors shall record such exemption in writing.

Rule - 22. Copy of Schedule to Rule 19 to be affixed near every hygrometer.

A legible copy of the Schedule to rule 19 shall be affixed near each hygrometer.

Rule - 23. Temperature to be recorded at each hygrometer.

At each hygrometer maintained in accordance with Rule 20, correct wet and dry bulb temperatures shall be recorded daily during working hours, except intervals for rest, by competent persons nominated by the Manager and approved by the Inspector. The temperature shall be taken between 7 a.m./p.m. and 9 a.m./p.m. between 11 a.m./p.m. and 2 p.m./a.m. and between 4 p.m./a.m. and 5-30 p.m./a.m. If the factory is working during these hours. In exceptional circumstances, such additional readings and between such hours, as the Inspector may specify, shall be taken. The temperatures shall be entered in a Humidity Register in Form No. 6, maintained in the factory. At the end of each month, the persons who have taken the readings, shall sign the Register and certify-the correctness of the entries. The Register shall always be available for inspection by the Inspector.

Rule - 24. Specifications of hygrometer.

(1)     Each hygrometer shall comprise two mercurial thermometers of wet bulb and dry bulb of similar construction, and equal in dimensions, scale and divisionals of scale. They shall be mounted on a frame with a suitable reservoir containing water.

(2)     The wet bulb shall be closely covered with a single layer of muslin, kept wet by means of a wick attached to it and dropping into the water in the reservoir. The muslin covering and the wick shall be suitable for the purpose, clean and free from size or grease.

(3)     No part of the wet bulb shall be within 7.6 centimeters from the dry bulb or less than 2.5 centimeters from the surface of the water in the reservoir and the water reservoir shall be below it, on the side of it away from dry bulb.

(4)     The bulb shall be spherical and of suitable dimensions and shall be freely exposed on all sides to the air of the room.

(5)     The bores of the stems shall be such that the position of the top of the mercury column shall be readily distinguishable at a distance of 61 centimeters.

(6)     Each thermometer shall be graduated so that accurate readings may be taken between 50 and 120 degrees.

(7)     Every degree from 30 degrees upto 120 degrees shall be clearly marked by horizontal lines on the stem, each fifth and tenth degree shall be marked by longer marks than the intermediated degrees and the temperature marked opposite each tenth degree, i.e. 50, 60, 70, 80, 90, 100, 110 and 120.

(8)     The markings as above shall be accurate, that is to say, at no temperature between 50 and 120 degrees shall be indicated readings be in error by more than two-tenths of a degree.

(9)     A distinctive number shall be indelibly marked upon the thermometer.

(10)   The accuracy of each thermometer shall be certified by the National Physical Laboratory, London, or some competent authority appointed by the Chief Inspector and such certificate shall be attached to the Humidity Register.

Rule - 25. Thermometers to be maintained in efficient order.

Each thermometer shall be maintained at all times during the period of employment in efficient working order, so as to give accurate indications and in particular.

(a)      the wick and the muslin covering of the wet bulb shall be renewed once a week;

(b)      the reservoir shall be filled with water which shall be completely renewed once a day. The Chief Inspector may direct the use of distilled water or pure rain water in any particular mill or mills in certain localities;

(c)      no water shall be applied directly to the wick or covering during the period of employment.

Rule - 26. An inaccurate thermometer not to be used without fresh certificate.

If an Inspector gives notice in writing that a thermometer 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 as prescribed and a fresh certificate obtained which certificate shall be kept attached to the Humidity Register.

Rule - 27. Hygrometer not to be affixed to wall, etc. unless protected by wood.

(1)     No hygrometer shall be affixed to a wall, pillar or other surface unless protected therefrom by wood or other non-conducting material at least 12.7 millimeters in thickness and distant at least 2.5 centimeters from the bulb of each thermometer.

(2)     No hygrometer shall be Fixed at a height of more than 1.7 meters from the floor to the top of thermometer stem or in the direct droughts from a fan, window or ventilating opening.

Rule - 28. No reading to be taken within 15 minutes of renewal of water.

No reading shall be taken for record on any hygrometer within 15 minutes of the renewal of water in the reservoir.

Rule - 29. How to introduce steam for humidification.

In any room in which steam pipes are used for the introduction of steam for the purpose of artificial humidification of the air the following provisions shall apply.

(a)      the diameter of such pipes shall not exceed 5.1 centimeters and in the case of pipes installed after 1st day of January 1950 the diameter shall not exceed 2.5 centimeters;

(b)      such pipes shall be as short as is reasonably practicable

(c)      all hangers supporting such pipes shall be separated from the bare, pipes by an efficient insulator not less than 12.7 millimeters in thickness;

(d)      no uncovered jet from such pipes shall project more than 11.5 centimeters beyond the outer surface of any cover;

(e)      the steam pressure shall be as low as practicable and shall not exceed 31.8 kilograms per 6.3 square centimeters or 5 kilograms per square centimeter;

(f)       the pipe employed for the introduction of steam into the air in a department shall be effectively covered with such non-conducting material, as may be approved by the Inspector.

RULES 30 TO 34 PRESCRIBED UNDER SUB-SEC. (4) OF SEC. 17.

Rule - 30.[XXX][30] Lighting-Application and commencement.

(1)     Subject as in these Rules provided Rules 30 to 34 shall apply to factories in which persons are being regularly employed in a manufacturing process or processes for more than 48 hours a week, or in shifts provided that nothing in these rules shall be deemed to require the provision of lighting of a specified standard in any building or structure so constructed that, in the opinion of the Chief Inspector, it would not be reasonably practicable to comply with such requirement.

[31](2)   Rules 30 to 34 shall come into force, in respect of class or description of factories, on such dates as the State Government may, by notification in the Official Gazette, appoint in this behalf.

Rule - 31. Lighting of interior parts.

(1)     The general Illumination over those inter parts of a factory where persons are regularly employed shall be not less than 30 meters candles measured in the horizontal place at a level of 91.4 centimeters above the floor:

Provided that in any such parts in which the mounting height of the light source of general illumination necessarily exceeds 7.6 meters measured from the floor or where the structure of the room or the position or construction of the fixed machinery or plant prevents the uniform attainment of this standard, the general illumination at the said level shall be not less than 10 meters candle and where work is actually being done the illumination shall be not than 30 meters candles.

(2)     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 5 meters candles at floor level.

(3)     Artificial lighting in accordance with the following standards shall be provided and used in the interior of cotton ginning factories at time when artificial lighting necessary and is ordinarily used.

(i)       by means of electricity, to the satisfaction of the inspector, one lamp per six gins, each lamp of not less than twenty-five candles power;

(ii)      by candles placed in glass lanterns of pattern approved by the Inspector, not less than one such lantern for every two gins.

(4)     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 for the nature of the work.

Rule - 32. Prevention of glare.

(1)     Where any source of artificial light in the factory is less than 4.9 meters above floor level, no part of the light source or of the lighting fitting having a brightness greater than 1.5 candles per square centimeter shall be visible to persons whilst normally employed within 30.48 meters of the source, except where the angle of elevation from the eye of the source or part of the fitting as the case may be exceeds 200

(2)     Any local light, that is to say, an artificial light designed to illuminate particularly the area 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 glare or with other effective means by which the light source is completely screened from the eyes of every person employed at the normal working place, or shall be so placed that no such person is exposed to glare therefrom.

Rule - 33. Power of Chief Inspector to exempt.

Where the Chief inspector is satisfied in respect of any particular factory or part thereof or in respect of any description of workroom or process that any requirements of Rules 30 to 32 is inappropriate or is not reasonably practicable, he may by order in writing exempt the factory or part thereof or description of workroom or process from such requirement to such extent and subject to such condition as he may specify.

Rule - 34. Exemption from Rule 31.

(1)     Nothing in Rule 31 shall apply to the parts of factories specified in Part I of the Schedule annexed hereto.

(2)     Nothing in sub-rule (1) of Rule 31, shall apply to the factories or parts of factories respectively specified in Part II of the said Schedule.

SCHEDULE

PART I

Parts of factories in which light sensitive photographic materials are made or used in an exposed condition or where such exposing operations are carried on.

PART II

Cement works.

Works for the crushing and grading of limestone.

Gas Work.

Coke Oven Works.

Electrical stations.

Flour Mills.

Makings and Breweries.

Parts of factories in which the following processes are carried on:

Concrete or artificial stone making.

Conversion of iron into steel.

Smelting of iron ore.

Iron or steel rolling.

Hot rolling or forging, tempering or annealing of metals.

Glass blowing and other working in molten glass.

Tar distilling.

Petroleum refining and blending:

Rules 35 to 40 Prescribed Under Sub-sec (1) of Sec. 18.

Rule - 35. Quantity of drinking water

The quantity of drinking water to be provided for the workers in every factory shall be at least 4.5 liters, water shall be readily available at all times during working hours.

Rule - 36. Source of supply

The water provided for drinking shall be supplied:-

(a)      from the taps connected with a public water supply system, or

(b)      from any other source approved in writing by the Health Officer.

Rule - 37. [Storage of water

If drinking water is not supplied from taps connected with a public water supply system which is continuous, such water shall be kept in suitable vessels with taps and dustproof cover placed on raised platforms in the shade with drains to carry away the waste water. Such vessels shall always be kept scrupulously clean and the water renewed at least once every day. Where the water is drawn from the tube wells, such water may be drawn in vessels direct from supply taps.][32]

Rule - 38. Cleanliness of wells or reservoir

(1)     Drinking water shall not be supplied from any open well or reservoir unless it is so constructed, protected and maintained as to be free from the possibility of pollution by chemical or bacterial and extraneous impurities.

(2)     Where drinking water is supplied from such well or reservoir the water in it shall be sterilised once a week or more frequency if the inspector by written order so requires, and the date on which sterilising is carried out shall be recorded

Provided that the requirement shall not apply to any such well or reservoir if the water therein is filtered and treated to the satisfaction of the Health Officer before it is supplied for consumption.

Rule - 39. Report from Health Officer

The inspector may by order in writing direct the Manager to obtain, at such time or at such intervals as he may direct, a report from the Health Officer as to the fitness for human consumption of the water supplied to the workers, and in every case to submit to the inspector a copy of such report as soon as it is received from the Health Officer.

Rule - 40. [Cooling of water

In every factory wherein more than 25 workers are ordinarily employed:-

(a)      the drinking water supplied to the workers shall from the 1st of March to 30th of November in every year be cooled by ice or other effective method:

Provided that if ice is placed in the drinking water, the ice shall be clean and wholesome and shall be obtained only from a source approved in writing by the Health Officer;

(b)      (i) the cooled drinking water shall be supplied in every canteen lunch-room and rest-room and also at conveniently accessible points throughout the factory which for the purpose of these Rules shall be called "Water Centres";

(ii) at least one such centre shall be provided on each floor if the factory has more than one floor;

(c)      the "Water Centres" shall be sheltered from the weather and adequately drained;

(d)      (i) the number of "Water Centres" to be provided shall be one "Water Centre" for every 150 workers or part thereof employed at any one time in the factory:

Provided that in the case of a factory where the number of workers employed exceeds 450, it shall be sufficient if there is one "Water Centre" as aforesaid for every 150 workers up to the first 450 and one for every 450 workers or part thereof thereafter, and in counting the number, account shall be taken of the maximum number of workers working at any time during the day;

(ii) where drinking water is provided through taps or through drinking fountains each "Water Centre" shall have at least three such taps or fountains. The taps or fountains, shall be at least 61 centimeters apart, and shall have a trough to drain away the spilt water. The trough and the walls and platform near the tap shall be laid in glazed tiles:

Provided that where mechanical refrigerating units with drinking water fountains distributed throughout the factory, are provided the number of "Water Centres" may not be according to the standard prescribed under sub-clause (i) above, as long as the total number of fountains provided is in accordance with the prescribed standard if the number of "Water Centres" as prescribed in sub-clause (i) were provided;

(e)      (i) every "Water Centre" shall be maintained in a clean and orderly condition;

(ii) every "Water Centre" shall be in charge of a suitable person who shall distribute the water and who shall be, provided with clean clothes while on duty:

Provided that in respect of factories where mechanical refrigerating units and taps are provided to the satisfaction of the Chief inspector, he may exempt such a factory on an application made by the manager from the provisions of sub-clause (11) of such conditions as he may deem fit.][33]

Rules 41 to 50 Prescribed Under Sub-sec. (3) of Sec. 19.

Rule - 41. Latrine accommodation

Latrine accommodation shall be provided in every factory on the following scale:-

(a)      where females are employed, there shall be at least one latrine for every 25 females;

(b)      where males are employed, there shall be at least one latrine for every 25 males:

Provided that, where the number of males employed exceeds 100, it shall be sufficient If there is one latrine for every 25 males up to the first 100, and one for every 50 thereafter.

In calculating the number of latrines required under this Rules, any odd number of workers less than 25 or 50, as the case may be shall be reckoned as 25 or 50 and the number or workers to be considered shall be the maximum number employed at any time during the day.

Rule - 42.

[34][xxx]

Rule - 43. Privacy of latrines

Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings.

Rule - 44. Sign boards to be displayed

Where workers of both sexes are employed, there shall be displayed out side each latrine block a notice in the language understood by the majority of the workers "For Men Only" or "For Women Only" as the case may be. The notice shall also bear the figure of a man or of a woman as the case may be.

Rule - 45. [Urinal accommodation

There shall be at least one urinal for every 50 male workers or part thereof employed at a time:

Provided that where the number of males employed exceeds 500 it shall be sufficient if there is one urinal for every 50 males up to the first 500 and one for every 100 or part thereof thereafter.][35]

Rule - 46. [Latrines and Urinals to conform to public health requirements

Latrines and urinals other than those connected with an efficient water borne sewerage system, shall comply with the requirements of the Public Health Authorities.][36]

Rule - 47. Certain latrines and urinals to be connected to sewerage system

When any general system of underground sewerage with an assured water supply for any particular locality is provided in a municipality, all latrines and urinals of a factory situated in such locality shall. If the factory is situated within 33.5 meters of an existing sewer, be connected with that sewerage system.

Rule - 48. White-washing, colour-washing of latrines and urinal

The walls ceilings and partition of every latrine and urinal shall be transparent washed or colour-washed and the transparent-washing or colour-washing shall be repeated at least once in every period of four months. The dates on which the transparent washing or colour-washing is carried out shall be entered in the Prescribed Register (Form No. 7):

Provided that this rule shall not apply to latrines and urinals, the walls ceilings or partitions of which are laid in glazed titles or otherwise finished to provide a smooth, polished impervious surface and that they are washed with suitable detergents and disinfectant at least once in every period of four months.

Rule - 49. Construction and maintenance of drains

All drains carrying waste or sullage water shall be constructed in masonry or other impermeable material and shall be regularly flushed and the effluent disposed of by connecting such drains with a suitable drainage line:

Provided that where there is no such drainage line the effluent shall be deodorized and rendered innocuous and then disposed of in a suitable manner to the satisfaction of the Health Officer.

Rule - 50. Water taps on latrines

Water taps, conveniently accessible, shall be provided in or near such latrine accommodation. There shall be at least one tap for every ten latrines or part thereof. The water taps shall be connected to the municipal water supply or to an overhead storage tank of sufficient capacity, so that water is available from the taps during all hours when the workers are in the factory.

Rules 51 to 53 Prescribed Under Sub-sec. (2) of Sec. 20.

Rule - 51. Number and location of spittoons

The number and location of the spittoons to be provided shall be to the satisfaction of the inspector. Such spittoons shall be placed on a stand or a bracket 91.4 centimeters high.

Rule - 52. Type of spittoons

The spittoons shall be of either of the following types:-

(a)      a galvanized iron container with a conical funnel-shaped cover. A layer of suitable disinfectant liquid shall always be maintained in the container; or

(b)      a container filled with dry, clean sand and covered layer of bleaching powder; or

(c)      any other type approved by the Chief Inspector.

Rule - 53. Cleaning of spittoons

The spittoons mentioned in clause (a) of Rule 52 shall be emptied, cleaned and disinfected at least once every day; and the spittoons mentioned in clause (b) of Rule 52, shall be cleaned by scrapping out the top layer of sand as often as necessary or at least once every day.

CHAPTER IV SAFETY

Further Precautions Prescribed Under Sub-sec. (2) of Sec. 21.

Rule - 54. Further safety precautions.

(1)     Without prejudice to the provisions of sub-sec. (1) of Sec. 21 in regard to the fencing of machines, the further precautions specified, in the Schedules annexed hereto shall apply to the machines noted in each Schedule.

[37][(2) This Rule shall come into force in respect of any class or description of factories, where machines noted in the said Schedules are in use, on such date as the State Government may by notification in the Official Gazette, appoint in this behalf.]

[38][SCHEDULE I]

Textile Machinery Except Machinery Used in Jute Mills

(1)     Application:-

The requirement of this Schedule shall apply to machinery in factories engaged in the manufacture or processing of textile other than jute textiles. The Schedule shall not apply to machinery in factories engaged exclusively in the manufacture of synthetic fibres.

(2)     Definitions:-

For the purpose of the Schedule:-

(a)      "Calender" means a set of heavy rollers mounted on vertical side farms and arranged to pass cloth between them. Calenders may have two to ten rollers, or bowls, some of which can be heated;

(b)      "Embossing Calender" means a calender with two or more rolls, one of which is engaged for producing figures of various, kinds of fabric;

(c)      "Card" means a machine consisting of cylinders of various sizes and in certain cases flats-covered with card clothing and set in relation to each so that fibres in staple form may be separated into individual relationship. The speed of the cylinders and their direction of rotation varies. The finished product is delivered as a sliver Cards of different types are the revolving flat card, the roller and clear card, etc;

(d)      "Card clothing" means the material with which the surfaces of the cylinder, doffer, flats etc. of a card are covered and consists of a thick foundation material made of, either textile fabrics through which are pressed many fine closed spaced, specially bent wires, or mounted raw toothed wire;

(e)      "Comber" means a machine for combing fibres cotton wool, etc. The essential parts are device for feeding forward a fringe of fibres at regular intervals and an arrangement of combs or pins, which, at the right time, pass through the fringe. All tangled fibres, short fibers 'and nipe are removed and the long fibres are laid parallel;

(f)       "Combing machinery" means a general classification of machinery including combers, silver lap machines, ribbon lap machines and gill boxes, but excluding cards.

(g)      "Factory Staple cutter" means a machine consisting of one more rotary blades used for the purpose of cutting textile fibres into staple lengths.

(h)     "Garnet machine" means any of a number of type of machines for opening hard twisted waste of wool, cotton, silk, etc. Essentially, such machines consist of a licker in one or more cylinder, each having a competent worker and stripper rolls and a fancy roll and defer. The action of each machines is somewhat like that of a wool card, but it is much more severe in that the rolls-are covered with garnett wire instead of card clothing.

(i)       "Gill box" means a machine used in the worsted astern of manufacturing yarns. Its function is to arrange fibres in parallel order. Essentially, it consists of a pair of feed rolls and a series of followers where the followers move at a faster surface speed and perform a combing action;

(j)       "In-running rolls" means any pair of rolls or drums between which there is a "nip":

(k)      "'Interlocking arrangement" means a device that prevents the setting in motion of dangerous part of a machine or the machine' itself while the guard cover or door unlocked, and which will also hold the guard, cover or door closed and locked while the machine or the dangerous part is in motion;

(l)       "Kier" means a large metal, vat, usually a pressure type, in which fabrics may be boiled out bleached, etc;

(m)    "Ribbon tapper" means a machine or a part of machine used to prepare laps for feeding a cotton comb; purpose is to provide a uniform lap in which the fibres have been straightened as much as possible;

(n)     "Silver lapped" means a machine or a part of a machine in which a number of parallel card silvers are drafted slightly, laid side by side a compact sheet, and wound into a cylindrical package:

(o)      "Loom" means a machine for affecting the interlocking of two series of yarns crossing one another at right angles. The warp yarns are wound on a warp beam and pass through headless and reeds. The filling is shot across in a shuttle and settled in place by reeds and slay, and the fabric is wound on a cloth beam;

(p)      "Starch mangle" means a mangle that is used specifically for starching cotton goods. It commonly consists of two large rolls and a shallow open vat with several immersion rolls. The vat contains the starch solution:

(q)      "Water mangle" means a calender having two or more rolls used for squeezing water from fabrics before drying. Water mangles also may be used in other ways during the finishing of various fabrics. Provided to safeguard against danger, is open or;

(r)      "Mule" means a type of spinning frame-having a head stock and a carriage as its two main sections. The head stock is stationery. The carriage is movable and it carries the spindles which draft and spin the roving into yarn. The carriage extends over the whole width of the machine and moves slowly towards and away from the head stock during the spinning operation;

(s)      "Nip" is the danger zone between two rolls or drums which by virtue of their positioning and movement create a nipping hazard;

(t)       "Openers and pickers" means a general classification of machinery which includes breaker pickers. Intermediate pickers, finishers pickers, single process pickers multiple pickers, willow machines, card and picker waste cleaners, thread extractors, shredding machines, roving waste openers. Shoddy pickers, bais breakers feeders, vertical Openers, lattice cleaners, horizontal cleaners, and any similar machinery equipped with either cylinders, screen section, calender section, rolls or batters used for the preparation of stock for further processing;

(u)     "Paddlef means" a trough for a solution and two or more squeeze rolls between which cloth passes after being passed through a mordant or dry bath:

(v)      "Plating machine" means a machine used to lay cloth into folds of regular length for convenience of subsequent process or use;

(w)     "Roller printing machine" means a machine consisting of a large central cylinder, or pressure down, around the lower part of the perimeter of which is placed a series of engraved colour roller (each having a color through), a furnisher roller, doctor blades, etc. The machine is used for printing fabrics;

(x)      "Continuous bleaching range" means a machine for bleaching of cloth in rope or open width form the following arrangement. The cloth, after wetting out pass through a squeeze roll into a saturator containing a solution of caustic soda and then to an enclosed J-Box. A V-shaped arrangement is attached to the front part of the J-Box for uniform and rapid saturation of the cloth with steam before it is packed down in the J-Box. The cloth in a single strand rope form, passed over a guide roll down the first arm of the "V" and up the second. Steam is injected into the "V" at the upper end of the second arm so that the cloth is rapidly saturated with stream at this point. The J-Box capacity is such that cloth will remain hot for a sufficient time to complete the scouring action. It then passes a series of washers with a sqeeze roll in between. The cloth then passes through a second set of saturator, J-box and washer, where it is treated with the peroxide solution. By slight modification of the form of the unit, the process can be applied to open-width cloth

(y)      "Mercerizing range" means a 3-bowl mangle, a tenter frame, and a number of boxes for washing and scouring. The whole set up is in a straight line and all parts operate continuously. The combination is used to saturate the cloth with sodium hydroxide, stretch it while saturated, and washing out most of the caustic before releasing tension;

(z)      "Sanforizing machine" means a machine consisting of a large steam-heated cylinder, and endless, thick, woolen felt which it in close contract with the cylinder for most of its perimeter and an electrically heated shoe which process the cloth against the blanket while the latter is in a stretched condition as it curves around feed-in-roll;

(aa) "Shearing machine" means a machine used for shearing cloth. Cutting action is provided by a number of steel blades spirally mounted on a roller. The roller rotates in close contract with a fixed ladder blade. There may be from one to six such rollers on a machine;

(bb) "Singering machine" means a machine which comprises of a heated roller, plate, or an open gas flame. The cloth or yarn is rapidly passed over the roller or the place or through the open gas flame to remove fuzz or hairiness by burning;

(cc) "Slasher" means a machine used for applying a size mixture to warp yarns. Essentially, it consists of a stand for holding section beams, a size box, one or more cylindrical dryers or an enclosed hot air dryer, and a beaming and for winding the yarn on the loom beams;

(dd) "Tenter frame" means a machine for drying cloth under tension. It essentially consists of a pair of endless travelling chains fitted with clips of fine pins and carried on tracks. The cloth is firmly held at the salvages by the two chains which diverge as they move forward so that the cloth is brought to the desired width;

(ee) "Warper" means a machine for preparing and arranging the yarns intended for the warp of a fabric, specially, a beam warper;

(3)     General safety requirements:-

(1)     Every textile machine shall be provided with individual mechanical or electrical means for starting and stopping such machines. Belt-shifter on machines driven by belts and shafting should be provided with a belt shifter lock of an equivalent positive locking device.

(2)     Stopping and starting handles or other controls shall be of such design and so positioned as to prevent the operator's hand or fingers from striking against any moving part or any other part of the machine.

(3)     All belts, pulleys, gears, chains, sprocket wheels, and other dangerous moving parts of machinery which either form part of the machinery or are used in association with it, shall be securely guarded.

(4)     Openers and pickers:-

(1)     In all opening or picker machinery, beaters and other dangerous parts shall be securely fenced by suitable guards so as to prevent contact with them. Such guards and doors or covers or openings giving access to any dangerous part of the machinery shall be provided with interlocking arrangement:

Provided that in the case of doors or covers of openings giving access to any dangerous part, other than beater covers, instead of the interlocking arrangement, such opening may be so fenced by guards which prevent access to any such dangerous part and which is either kept positively locked in position or fixed in such a manner that it cannot be removed without the use of hand tools.

(2)     The feed rolls on all opening and picking machinery shall be covered with a guard designed to prevent the operator from reaching the nip while the machinery is in operation.

(3)     The lap-forming rollers shall be fitted with a guard or cover which shall prevent access to the nip at the intake of the lap roller and fluted as long as the weighted rack is down. The guard or cover shall be so locked that it cannot be raised until the machine is stopped, and the machine cannot be started until the cover or guard is closed:

Provided that the foregoing provision shall not apply to the machines equipped with automatic lap forming devices:

Provided further that any such machine equipped with an automatic lap-forming device shall not be used unless the automatic lap forming device is in efficient working order.

(5)     Cotton cards:-

(1)     All cylinder doors shall be secured by interlocking arrangement which shall prevent the door being opened until the cylinder has ceased to revolve and shall render it impossible to restart the machine until the door has been closed:

Provided that the latter requirement in respect of the automatic locking device shall not apply while stripping or grinding operations are carried out:

Provided further that stripping or grinding operations shall be carried out only by specially trained adult workers wearing tight fitting clothing whose names have been recorded in the register prescribed in this behalf as required in sub-sec. (1) Sec. 22.

(2)     The licker-in shall be guarded so as to prevent access to the dangerous parts.

(3)     Every card shall be equipped with an arrangement that would enable the card cylinder to be driven by power during stripping/grinding operations without having to either shift the main belt to the fast pulley of the machine or to dismantle the interlocking mechanism. Such an arrangement shall be used only for stripping or grinding operations.

(6)     Garnett machines:-

(1)     Garnett licker-ins shall be enclosed.

(2)     Garnett fancy rolls shall be enclosed by guards. These shall be installed in a way that keeps worker rolls reasonably accessible, or removal or adjustment.

(3)     The under side of the garnett shall be guarded by a screen mesh or other form of enclosures to prevent access.

(7)     Gill boxes:-

(1)     The feed end shall be guarded so as to prevent fingers being caught in the pins of the intersecting fallers.

(2)     All nips of In-running rolls shall be guarded by suitable nip guards conforming to the following specifications:

Any opening which the guard may permit when fitted in position shall be so restricted with respect to the distance of the opening from any nip point through that opening and in any circumstances the maximum width of the opening shall not exceed the following:

(8)     Silver and ribbon tappers (cotton):-

The calender drums and the lap spool shall be provided with a guard to prevent access to the nip between the in-running rolls.

(9)     Speed frames:-

Jack box wheels at the head stock shall be guarded and the guard shall have Inter-locking arrangement.

(10)   Spinning mules:-

Wheels on spinning mule carriages shall be provided with substantial wheel guards; extending to within 6 mm of the rails.

(11)   Warpers:-

Swivelved double-bar shall be installed on all warpers operating in excess of 410 meters/min. These gates shall have interlocking arrangement, except for the purpose of inching or jogging:

Provided that the top and bottom bars of the gate shall be at least 1.05 and 0.53 meters high from the floor or working platform, and the gate shall be located 38 mm from the vertical langement to the beam-head.

(12)   Slashers:-

(1)     Cylinder dryers:-

(a)      All open nips of in-running tolls shall be guarded by nip-guards conforming to the requirements in Paragraph 7.

(b)      When slashers are operated by control levers, these levers shall be connected to a horizontal bar of treadle located not more than 170 cm above the floor to control the operation from any point.

(c)      Slashers operated by push button control shall have stop and start buttons located at each end of the machine, the additional buttons located on both sides of the machine at the size box and the delivery end. If calendar rolls are used, additional buttons shall be provided at both sides of the machine at points near the nips, except when slashers are equipped with an enclosed dryer as in paragraph (b).

(2)     Enclosed hot-air-dryer:-

(a)      All open nips of the top squeezing rollers shall be guarded by nip guards conforming to the requirements in paragraph 7(2).

(b)      When slashers are operated by control levers, these shall be connected to a horizontal bar or treadles located not more than 170 cm above floor to control the operation from any point

(c)      Slashers operated by push-button control shall have stop and start buttons located at each end of the machine and additional stop and start buttons located on both sides of the machines at intervals spaced not more than 1.83 meters on centers.

(13)   Looms:-

(1)     Each loom shall be equipped with suitable guards designed to minimize the danger from flying shuttles.

(2)     Beam weights for tension in beam shall be of such construction so as to prevent it falling during its adjustment.

(14)   Valves of kiers tanks, and other containers:-

(1)     Each valve controlling the flow of steam, injurious gases or liquids into a kiers or any other tank or container into which a person is likely to enter in connection with a process, operation, maintenance or of any other purpose, shall be provided with a suitable locking arrangement to enable the said person to lock the valve securely in the closed position and retain the kiers with him before entering the kiers tank or container.

(2)     Wherever boiling tanks, caustic tanks and any other containers from which liquids which are hot, corrosive or toxic may overflow or splash, are so located that the operator can not see the contents from the floor or working area emergency shut-off valves which can be controlled from a point not subject to danger of splash shall be provided to prevent danger.

(15)   Shearing machines:-

All revolving blades on shearing machines shall be guarded so that the opening between the cloth surface and the bottom of the guard shall not exceed 10 mm.

(16)   Continuous bleaching range (cotton and rayon):-

The nip of in-running rolls on open-width bleaching machine rolls shall be protected with a guard to prevent the worker from being caught at the nip. The guard shall extend across the entire length of the nip.

(17)   Mercerizing range (piece goods):-

(1)     A stopping device shall be provided at each end of the machine.

(2)     A guard shall be provided at each end of the frame between the in-running chain and the clip opener.

(3)     A nip guard shall be provided for the in-running rolls of the mangle and washers and the guard shall conform to the requirements in paragraph 7(2).

(18)   Tandet frames:-

(1)     A stopping device shall be provided at each end of the machine.

(2)     A guard shall be provided at each end of the machine frame at the in-running chain and clip opener.

(19)   Paddlers:-

Suitable nip guards conforming to the requirement in paragraph 7(2) shall be provided to all dangerous in-running rolls.

(20)   Centrifugal extractors:-

(1)     Each extractor shall be provided with a guard for the basket, and the guard shall have interlocking arrangement.

(2)     Each extractor shall be equipped with a mechanically or electrically operated brake to quickly stop the basket when the power driving the basket is shut off.

(21)   Squeezer or wringer extractor, water mangle, starch mangle, back washer (worsted yarn), crabbing machines, and decating machines:-

All in, running rolls shall be guarded with nip guards conforming to the requirements in paragraph 7(2).

(22)   Sanforizing and palmar machine:-

(1)     Nip guards shall be provided on all accessible in-running rolls and these shall conform to the requirements in paragraph 7(2).

(2)     Access from the sides to the nips of in-running rolls shall be fenced by suitable side guards.

(3)     A safety trip-rod, cable or wire-center cord shall be provided across the front and back of all palmer cylinders extending the length of the face of the cylinder. It shall operate readily whether pushed or pulled. The safety-trip shall not be more than 170 cm. above the level at which the operator stands and shall be readily accessible.

(23)   Rope washers:-

(1)     Splash guards shall be installed on all rope washers unless the machine is so designed as to prevent the water or liquid from splashing the operator, the floor, or working surface.

(2)     A safety trip-rod, cable or wire-centre cord shall be provided across the front and back of all rope washers extending the length of the face of the washer. It shall operate readily whether pushed or pulled. This safety trip shall be not more than 170 cm. above the level on which the operator stands and shall be readily accessible.

(24)   Laundry washer tumble or shaker:-

(1)     Each drying tumbler, each double cylinder shaker or clothes tumbler and each washing machine shall be equipped with an inter locking arrangement which shall prevent the power operation of the inside cylinder when the outer door on the case on shell is open and which shall from being opened without shutting off the power and the cylinder coming to a stop. This should not prevent the movement of the inner cylinder by means of a hand operated mechanism or in inching device.

(2)     Each closed barrel shall also be equipped with adequate means for holding open the doors or covers of the inner and other cylinder or shells while it is being loaded or unloaded.

(25)   Printing-machine(roller-type):-

(1)     All in-running rolls shall be guarded by nip guards conforming to the requirements in paragraph 7(2).

(2)     The ingrated rollers, gears and the large crown wheel shall be guarded.

(26)   Calenders:-

The nip at the in-running side of the rolls shall be provided with a guard extending across the entire length of the nip and arranged to prevent the fingers of the workers from being pulled in between the guard and the rolls, and so constructed that the cloth can be fed into the rolls easily.

(27)   Rotary staple cutters:-

The cutter shall be protected by a guard to prevent hands reaching the cutting zone.

(28)   Plating machines:-

Access to the trap between the knife and card bar shall be prevented by a guard.

(29)   Hand-baling machine:-

An angle iron handle-stop guard shall be installed at right angle to the frame of the machine. The stop guard shall be so designed and so located that it shall prevent the handle from travelling beyond the vertical position should the handle slip from the operator's hand when the pawl has been released from the teeth of the take-up, gear.

(30)   Flat work ironer:-

Each flat work or collar ironer shall be equipped with a safety bar or the other guard across the entire front of the feed or first pressure rolls so arranged that the striking of the bar or guard by the hand of the operator or the other person shall stop the machine. The guard shall be such that the operator or the other person can not reach into the rolls without removing the guard. This may be either a vertical guard on all sides or a complete cover if a vertical guard is used, the distance from the floor or working platform to the top of guard shall be not less than 1.83 meters.]

SCHEDULE II

COTTON GLIMING

Line Shaft:-The line or second motion in cotton ginning factories when below floor level, shall be completely enclosed by a continuous wall or unclaimable fencing with only so many openings as are necessary for access to the shaft for removing cotton seed, cleaning and such openings shall tie provided with gates or doors which shall be kept closed and locked.

SCHEDULE III

WOOD-WORKING MACHINERY

(1)     Definitions:-

For the purpose of this Schedule:

(a)      "Wood-working machine" means a circular saw, band saw, planning machine, chain mortising machine or vertical spindle moulding machine operating on wood or cork.

(b)      "Circular saw" means a circular saw working in a bench (including a rack bench) but does not include a pendulum no similar saw which is moved towards the wood for the purpose of cutting operation.

(c)      "Band saw" means a band saw, the cutting portion of which runs in a vertical direction but does not include a log saw or band re-sawing machine.

(d)      "Planning machine" means a machine for overhead planning or for thicknessing or for both operations.

(2)     Stopping and starting device:-

An efficient stopping and starting device shall be provided on every wood-working machine. The control of this device shall be in such a position as to be readily and conveniently operated by the person in-charge of the machine.

(3)     Space around machines:-

The space surroundings every wood-working machine in motion shall be kept free from obstruction.

(4)     Floor:-

The floor surrounding every wood-working machine shall be maintained in good and level condition and shall not be allowed to become slippery, and as far practicable shall be kept free from chips or other loose material.

(5)     Training and Supervision:-

(1)     No person shall be employed at a wood-working machine unless he has been sufficiently trained to work that class of machine or unless he works under the adequate supervision of a person who has a thorough knowledge of the working of the machine.

(2)     A person who is being trained to work a wood-working machine shall be fully and carefully instructed as to the dangers of the machine and the precaution to be observed to secure safe working of the machine.

(6)     Circular saws:-

Every circular saw shall be fenced as follows:-

(a)      Behind and in direct line with the saw there shall be a riving knife, which shall have a smooth surface, shall be strong rigid and easily adjustable, and shall also conform to the following conditions:-

(i)       The edge of the knife nearer the saw shall form an arc of a circle having a radius not exceeding the radius of the largest saw used on the bench.

(ii)      The knife shall be maintained as close as practicable to the saw having regard to the nature of the work being done at the time, and at the level of the bench trade the distance between the front edge of the knife and the teeth of the saw shall be exceed 12.7 millimeters.

(iii)     For a saw of a diameter of less than 61 centimeters the knife shall extend upwards from the bench table to within 2.5 centimeters of the top of the saw, and for a saw of a diameter of 61 centimeters or over shall extend upwards from the bench table to a height of at least 22.5 centimeters.

(b)      The top of the saw shall be covered by a strong and easily adjustable guard, with a flange at the side of the saw farthest from the fence. The guard, shall be kept so adjusted that the said flange shall extend below the roots of the teeth of the saw. The guard shall extend from the top of the riving knife to a point as low as practicable at the cutting edge of the saw.

(c)      The part of the saw below the bench table shall be protected by two plates of metal or other suitable materials one on each side of the saw: such plates shall not be more than 15.2 centimeters apart, and shall extend from the axis of the saw outwards to a distance of not less than 5.1 centimeters beyond the teeth of the saw. Metal plates, if not beaded, shall be of a thickness of at least 2.5 millimeters or If beaded be of a thickness of at last 1.3 millimeters.

(7)     Push sticks:-

A push stick or other suitable appliance shall be provided for use at every circular saw and at every vertical spindle moulding machine to enable the work to be done without unnecessary risk.

(8)     Band saws:-

Every band saw shall be guarded as follows:-

(a)      Both sides of the bottom pulley shall be completely encased by sheet or expanded metal or other suitable material.

(b)      The front of the top pulley shall be covered with sheet or expanded metal or other suitable material.

(c)      All portions of the blade shall be enclosed or otherwise securely guarded except the portion of the blade between the bench table and the top guide.

(9)     Planning machines:-

(1)     A planning machine (other than a planning machine which is mechanically fed) shall not be used for overhand planning unless it is fitted with a cylindrical cutter block.

(2)     Every planning machine used for overhand planning shall be provided with a 'bridge' guard capable of covering the full length and breath of the cutting slot in the bench and so constructed as to be easily adjusted both In a vertical and horizontal direction.

(3)     the freed roller of every planning machine used for thicknessing, except the combined machine for overhand planning and thicknessing shall be provided with an efficient guard.

(10)   Vertical spindle moulding machine:-

(1)     The cutter of every vertical spindle moulding machine shall be guarded by the most efficient guard having regard to the nature of the work being performed.

(2)     The wood being moulded at a vertical spindle moulding machine shall, if practicable, be held in jig or holder of such construction as to reduce as far as possible the risk of accident to the worker.

(11)   Chain mortising machines:-

The chain of every chain mortising machine shall be provided with a guard which shall enclose the cutters as far as practicable.

(12)   Adjustment and maintenance of guard:-

The guard and other appliances required under this Schedule shall be-

(a)      maintained in an efficient state,

(b)      constantly kept in position while the machinery is in motion and

(c)      so adjusted as to enable the work to be done without unnecessary risk.

(13)   Exemption:-

Paragraphs 6, 8, 9 and 10 shall not apply to any wood-working machine in respect of which it can be proved that others safeguards are provided, maintained and used which rendered the machine as safe as it would be if guarded in the manner prescribed in this Schedule.

SCHEDULE IV

RUBBER MILLS

(1)     Definitions:-

(i)       A "Rubber Mill" shall mean machines with rollers used in breaking down, cracking, washing, grating, mixing, refining and warming of rubber or rubber goods.

(ii)      A "calender" shall mean machines with rolls used for frictioning, sheeting, coating and spreading of rubber compounds.

(2)     Installation of machines:-

Rubber mills shall be so installed that the top of the front roll is not less than 96.5 centimeters above the floor or working level. Provided that in existing installations where the top of the front roll is below this height a strong rigid distance bar guard shall be fitted across the front of the machine in such position that the operator cannot reach the nip of the roller from the normal working position of the operator.

(3)     Safety devices:-

(i)       Rubber mills shall be equipped with-

(a)      hoppers so constructed or guarded that it is impossible for the operators to come into contact in any manner with the nip of the rolls; or

(b)      horizontal safety-trip rods or tight wire cable across both front and rear, which will, when pushed or pulled, operate instantly to disconnect the power and apply the brakes, or to reverse the rolls. Safety trip rods or tight wire cables on rubber mills shall extend across the entire length of the face of the rolls and shall be located not more than 1.8 meters above the floor or working level.

(ii)      Calender machines shall be equipped with-

(a)      horizontal safety-trip rods or tight wire across both front and rear, which will, when pushed or pulled, operate instantly to disconnect the power and apply the brake, or to reverse the roll

(b)      safety-trip rods or tight wire cables on calender machines shall extend across the entire length of the face of the roll and shall be located not more than 1.8 meters above the floor or working level;

(c)      on each side of all calenders and near both ends of the face of the rolls there shall be a vertical tight-wire cable connecting with the bar tripping mechanism at the top and fattened to the frame within 30.5 centimeters of the floor. These cables should be positioned at a distance of not less than 2.5 centimeters from calender frame.

(4)     Maintenances of safety devices:-

Safety-trip-rods and tight wire cables on all rubber mills and calenders shall be examined and tested daily in the presence of the Manager or other responsible persons and if any defect is disclosed by such examination and test the mill shall not be used until such defect has been remedied.

[39][SCHEDULE V

CENTRIFUGAL MACHINES

(1)     Definition:-

"Centrifugal machines" include centrifugal extractors, separators and driers.

(2)     Every part of centrifugal machine shall be:-

(a)      of good design and construction and of adequate strength:

(b)      properly maintained: and

(c)      examined thoroughly by a competent person at regular intervals.

(3)     Interlocking guard for drum or basket:-

(1)     The cage housing, the rotating drum or basket of every centrifugal machine shall be provided with a strong lid. The design and construction of the case as well as the lid should be such that no access is possible to the drum or basket when the lid is closed.

(2)     Every centrifugal machine shall be provided with an efficient interlocking device that shall effectively prevent the lid referred to in subparagraph (1) from being opened while the drum or basket is in motion and prevent the drum or basket set in motion while the lids is in the open position.

(4)     Breaking arrangement:-

Every centrifugal machine shall be provided with an effective braking arrangement capable of bringing the drum of basket to rest within as short a period of time as reasonably practicable after the power is cut off.

(5)     Operating speed:-

No centrifugal machine shall be operated at speed in excess of the manufacturer's rating which shall legibly stamped at easily visible places both on the inside of the basket and on the outside of the machine casing.

(6)     Exemptions:-

Sub-paragraph (2) of paragraph 3, paragraphs 4 and 5 shall not apply in case of top-lung machines or similar machines used in the sugar-manufacturing industry.

SCHEDULE VI

POWER-PRESS

(1)     Application:-

The Schedule shall apply to all types of power-Presses including press brakes except when used for working hot metal.

(2)     Definitions:-

For the purpose of the Schedule-

(a)      "approved" means approved by the Chief Inspector;

(b)      "fixed fencing" means fencing provided for the tools of a power press being fencing which has no moving part associated with a dependent upon the mechanism of a power and includes that part of a closed tool which acts as a guard;

(c)      "power press" means a machine used in metal or other industries for mounding, pressing, blanking, raising drawing and similar purposes;

(d)      "safety device" means the fencing and any other safeguard provided for the tools of a power press.

(3)     Starting and stopping mechanism:-

The starting and stopping mechanism shall be provided with a safety stop so as to prevent over running of the press or descent of the ram during tool setting, etc.

(4)     Protection of tool and die:-

(1)     Each press shall be provided with a fixed guard with a slip plate on the underside enclosing the front and all sides of the tool.

(2)     Each die shall be provided with a fixed guard surrounding its front and sides, and extending to the back in the form of a tunnel through which the pressed article falls to the rear of the press.

(3)     The design, construction and mutual position of the guards referred to in (1) and (2) shall be such as to preclude the possibility of the worker's hand or fingers reaching the danger zone.

(4)     The machine shall be fed through a small aperture at the bottom of the die guard, but a wider aperture may be permitted for second or subsequent operations if feeding is done through a chuta.

(5)     Notwithstanding anything contained in sub-clauses (1) and (2) and automatic or an interlocked guard may be used in place of a fixed guard, but where such guards are used they shall be maintained in an efficient working condition and if any guard develops a defect, the power shall not be operated unless the defect of the guard is removed.

(5)     Appointment of persons to prepare power presses for use:-

(1)     Except as provided in sub-paragraph (4), no person shall set, adjust or try out the tools on a power press or install or adjust any safety device thereon, being installation or adjustment preparatory to production of die proving, or carry out an inspection and test of any safety device thereon required by paragraph 8 unless he-

(a)      has attained the age of eighteen years;

(b)      has been trained in accordance with sub-paragraph (2), and

(c)      has been appointed by the occupier of the factory to carry out those duties in respect of the class or description of power press or the class or description of safety device to which the power press or the safety device" (as the case may be) belongs; and the name of every such person shall be entered in a register in Form No. 8.

(2)     The training shall include suitable and sufficient practical instruction in the matters relating to each type of power press and safety device in respect of which it is proposed to appoint the person being trained.

(6)     Examination and testing power presses and safety device:-

(1)     No power press or safety device shall be taken into use in any factory for the first time on any power press, unless it has been thoroughly examined and tested, in the case of a power press, after installation in the factory, or in the case of safety device, when in position on the power press in connection with which it is to be used.

(2)     No power press shall be used unless it has been thoroughly examined and tested by a competent person within the immediately preceding period of twelve months.

(3)     No power press shall be used unless every device (other than fixed fencing) thereon has within the immediately preceding period of six months when in position on that power press, been thoroughly examined and tested by competent person.

(4)     The competent person carrying an examination and test under the foregoing provision shall make a report of the examination and test containing the following particulars and every such report shall be kept readily available for inspection:

(a)      name of the occupier of the factory;

(b)      address of the factory;

(c)      identification number or mark sufficient to identity the power press or the safety device;

(d)      date on which the power or the safety device was first taken into use in the factory;

(e)      the date of each periodical thorough examination carried out as per requirements of sub-paragraph (2) above:

(f)       particulars of any defects effecting the safety of the power press or the safely device found at any such thorough examination and steps taken to remedy such defects.

(7)     Defects disclosed during a thorough examination and test:-

(1)     Where any defect is disclosed in any power press or in any safety device by any examination and test under paragraph 6 and in opinion of the competent person carrying out the examination and test, either-

(a)      the said defect is a cause of danger to workers and in consequence, the power press or safety device (as the case may be) ought not to be used until the said defect has been remedied; or

(b)      the said defect may become a cause of danger to workers and in consequence the power press or safety device (as the case may be) ought not to be used after the expiration of a specified period unless the said defect has been remedied,

such defect shall, as soon as possible after the completion of the examination and test, be notified in writing by the competent person to the occupier of the factory and, in the case of a defect falling within clause (b) of this sub-paragraph, such notification shall include the period which, in the opinion of the competent person, the defect ought to be remedied.

(2)     In every case where notification has been given under this paragraph, a copy of the report made under paragraph 6(4) shall be sent by the competent person to the Inspector of the area within fourteen days of the completion of the examination and test.

(3)     Where any such defect is notified to the occupier in accordance with the foregoing provisions of this paragraph, the power press or safety device (as the case may be) having the side defect shall not be used

(a)      in the case of defect falling within clause (a) of sub-paragraph (1), until the said defect has been remedied, and

(b)      In the case of defect falling within clause (b) of sub-paragraph (1), after the expiration of the specified period unless the said defect has been remedied.

(4)     As soon as is practicable after any defect of which notification has been given under sub-paragraph (1) has been remedied, a record shall be made by or on behalf of the occupier stating the measures by which and the date on which the defect was remedied.

(8)     Inspection and test of safety device:-

(1)     No power press shall be used after the setting, resetting or adjustment of the tool thereon unless a person appointed or authorised for the purpose under paragraph 5 has inspected and tested every safety device thereon which it is in position on the said power press:-

Provided that an inspection, test and certificate as aforesaid shall not be required where any adjustment of the tools has not caused of resulted in any alternation to or disturbance of any safety device on the power press and if, after the adjustment of the tools, the safety device remain, in the opinion of such a person as aforesaid, in efficient working order.

(2)     Every power press and every safety device thereon while it is in position on the said power press shall be inspected and tested by a trained person every day.

(9)     Defects disclosed during an inspection and test:-

(1)     Where it appears to any person as a result of any inspection and test carried out by him under paragraph 8 that any necessary safety device is not in position or is not properly in position on a power press or that any safety device which is in position on a power press is not in his opinion suitable he shall notify the manager forthwith.

(2)     Except as provided in sub-paragraph (3) where any defect is disclosed in a safety device by any inspection and test under paragraph 8, the person carrying out the section and test shall notify the manager forthwith.

(3)     Where any defect in a safety device is the subject of a notification in writing under paragraph 7 by virtue of which the use of the safety device may be continued during a specified period without the said defect having been remedied, the requirement in sub-paragraph (2) of this paragraph shall not apply the said defect until the said period has expired.

(10)   Identification of power presses and safety devices:-

For the purpose of identification, every power press and every safety device provided for the same shall be distinctively and plainly marked.

(11)   Training and instructions to operators:-

The operators shall be trained and instructed in the safe method of work before starting work on any power press.

(12)   Exemptions:-

(1)     If in respect of any factory, the Chief inspector is satisfied that owing to the circumstances or infrequency of the processes or for any other reason, all or any of the provision of this schedule are not necessary for the protection of the workers employed on any power press or any class or description of power press or in the factory, the Chief inspector may by a certificate in writing (which he may in his discretion revoke at any time), exempt such factory from all, or any of such provisions subject to such conditions, if any, as he may specify therein.

(2)     Where such exemption is granted, a legible copy of the certificate, showing the conditions (if any) subject to which it has been granted, shall be kept posted in the factory in a position where it may be conveniently read by the person employed.

SCHEDULE VII

SHEARS, SLITTERS AND GUILLOTINE MACHINES

(1)     Definitions:-

For the purpose of this Schedule:

(a)      "guillotine" means a machine ordinary equipped with straight level-edged blade operating vertically against a stationary resisting edge and used for cutting metallic or non-metallic substances:

(b)      "shears" or "shearing machine" means a machine ordinarily equipped with straight, level-edged blades operating vertically against resisting edges or with rotary, over tapping cutting wheels, and used for shearing metals or non-metallic substances:

(c)      "Slitters" or "slitting machines" means a machine ordinarily equipped with circular disc-type knives, and used for trimming or cutting into metal or non-metallic or for slitting them into narrow strips; for the purpose of this schedule, this term includes bread or other food slicers equipped with rotary knives or cutting discs.

(2)     Guillotine and. Shears:-

(1)     Wherever practicable a barrier metal guard of strength shall be provided at the front of the knife, fastened to the machine frame and shall be so fixed as would prevent any part of the operator's body to such the descending blade from above, below or through the barrier guardoor from the sides:

Provided that in case of machines used in the paper printing and allied industries, where a fixed barrier metal guard is not suitable on account of the height and volume of the material being fed, there shall be provided suitable starting devices which require simultaneous action of both the hands of the operator or an automatic device which shall remove both the hands of the operator from the danger zone at every descant of the blade.

(2)     At the back end of such machines, an inclined guard shall be provided over which the slitplaces would slide and be collected at a safe distance in a manner as would prevent a person at the back from reaching the descending blade.

(3)     Power-driver guillotine cutters except continuous feed trimmers, shall be equipped with

(a)      starting device which require the simultaneous action of both hands to start the cutting motion and of at least one hand on a control during the complete stoke of the knife: or

(b)      an automatic guard which shall remove the hands of the operator from the danger zone at every descent of the blade used in conjunction with one-hand starting device which require two distincts of the device to start the cutting motion, and so designed as to return positively to the non-starting position each complete cycle of the knife.

(4)     Where two or more workers are employed at the same time on the same power-driven guillotine cutter equipped with two-hand control the device shall be so arranged that each worker shall be required to the both hands simultaneously on the safety trip to start the cutting motion and at least one hand on a control to complete the cut.

(5)     Power-driven guillotine cutters other than continuous trimmer shall be provided in addition to the brake or other stopping mechanism with an emergency device which shall prevent the machine from operating in the event of failures of the brake when starting mechanism is in the non-starting position.

(3)     Slitting machines:-

(1)     Circular disc type knives on machines for cutting metal and leather paper, rubber textiles or other non-metallic substances shall, if within reach of operators standing on the floor or working level be provided with guards enclosing the knife edges at all times as near as practicable to the surface of the material and which may either-

(a)      automatically adjust themselves to the thickness of the material; or

(b)      be fixed or manually adjusted so that the space between the bottom of the guard and the material shall not exceed 6 mm (1/4 in) at any time.

(2)     Portions of blades underneath the tables or benches of slitting machines shall be covered with guards.

(4)     Index cutters and vertical paper sloters:-

Index cutters, and other machines for cutting strips from the ends of books and for similar operations, shall be provided with fixed guards, so arranged that the fingers of the operators cannot come between the blades and the tables.

(5)     Corner cutters:-

Corner cutters, used in the manufacture of paper boxes, shall be equipped with-

(a)      suitable guard, fastened to the machines in front of the knives and provided with slots or perforations to afford visibility of the operations: or

(b)      other guards equally efficient for the protection of the fingers of the workers.

(6)     Band knives:-

Band wheels on band knives, and all portions of the blades except the working side between the sliding guide and the table on vertical machines, or between the wheel guards on horizontal machines, shall be completely enclosed with hinged guards of sheet metal not less than 1 mm (0.04 in) in thickness or of other material of equal strength.

Rules Prescribed Under Sub-Sec. (1) Of Sec. 22 And Sec. 112

Rule - 55. Register of specially trained adult workers

Register of workers attending to machinery as provided in sub-sec. (1) of Sec. 22 shall be in Form No. 8.

Rule - 55-A. [Tight fitting clothing

A worker required to wear tight fitting clothing under sub-sec. (1) of Sec. 22 shall be provided by the occupier with such clothing which consist of at least a pair of closely fitting full pants and closely fitting half slaves shirt or vest. Such clothing shall be returned to the occupier on termination of service or when new clothing is provided such workers shall be paid washing allowance which shall not be less than Rs. 10/- per month.][40]

Rule - 56. Belt etc., to be regularly examined

All belts shall be regularly examined to ensure that the joints are safe and the belts at proper tension.

Rules Prescribed Under Sub-Sec. (2) Of Sec. 23

Rule - 57. [Employment of Young persons on dangerous machines

The machines specified in Secs. 28, 29, 30 and the following machines shall be deemed to be of such dangerous character that Young persons shall not work on them unless the provisions of sub-sec. (1) of Sec. 23 are complied with-

(i)       Power presses other than hydraulic presses;

(ii)      Milling machines used in the metal trades;

(iii)     Guillotine machines:

(iv)    Circular saws;

(v)      Platen printing machines.][41]

Rules Prescribed Under Sub-sec. (1) Of Sec. 28

Rule - 58. Exemption of Certain hoists and lifts

A register shall be maintained to record particulars of examination of hoists or lifts and shall give particulars as shown in Form No. 9

Exemption Under Sub-Sec. (4) Of Sec. 28

Rule - 59. Exemption of Certain hoists and lifts

In pursuance of the provisions of sub-sec. (4) of sec. 28, in respect of any class of description of hoists or lifts specified in the first column of the following schedule, the requirements of the section 28 specified in the second column of the said schedule and set opposite to that class of description of hoists or lift shall not apply.

SCHEDULE

Rules Prescribed Under Sub-Section (1) of Section 29

Rule - 60. [Lifting machines, chains, ropes and lifting tackles

(1)     No lifting machine and no chain, rope or lifting tackle except a fibre rope or fibre sling shall be taken in use in any factory, for the first time therein unless it has been tested and all parts have thoroughly examined by a competent person and a certificate of such test and examination specifying the same working load or loads and signed by the person making the test and examination has been obtained and is kept available for inspection.

(2)     A register in Form 10 containing the particulars, therein specified shall be kept for every examination made under sub-rule (1). The register shall be readily available for inspection.

(3)     (a) Every jib-crane so constructed that the safe working load may be varied by the raising or lowering of the jib, shall have attached thereto either an automatic indicator of safe working loads an automatic jib angle indicator and a table indicating the safe working loads at corresponding indication of the jib or corresponding radii of the load.

(b) A table showing the safe working load of every kind and size of chain, rope or lifting tackle in use, and, in the case of a multiple sling, the safe working loads at different angles of the legs, shall be posted in the store room or place, where or in which the chains, ropes or lifting tackles are kept in prominent positions on the premises and no rope, chain or lifting tackle not shown in the table shall be used in a factory unless in the case of lifting tackle, the safe working load thereof, or in the case of a multiple sling, the safe working load at different angles of the legs, is plainly marked upon it.

(4)     All rails on which a traveling crane moves and every track on which the carriage of a transporter or runway moves, shall be of proper size and adequate strength and have an even running surface. Every such rail or track shall be properly laid and maintained and shall be adequately supported.

(5)     All chains and lifting tackle, except a rope sling, shall unless they have been subjected to such other heat treatment as may be approved by the State Government, be effectively annealed under the supervision of a competent person at the following intervals, namely:-

(i)       All chains, slings, rings, hooks, shackles/and swivels used in connection with molten metal or molten slag or when they are made on 12.7 millimeters bar or smaller, at least once in every six months.

(ii)      All other chains, rings, hooks, shackles, and swivels in general use at least once in every twelve months:

Provided that chains and lifting not frequent use shall subject to the approval necessary and particular of such annealing shall be entered in a register in Form 10.

(6)     Nothing in sub-rule (5) shall apply to the following classes of chains and lifting tackle namely:-

(i)       Chains made of malleable cast iron.

(ii)      Plate link chains.

(iii)     Chains, rings, hooks, shackles and swivels made of steel or of any non-ferrous metal.

(iv)    Pitched chains, working on sprocket or pocketed wheels.

(v)      Rings, hooks, shackles and swivels permanently attached to pitched chains, pulleys blocks or weighing machines.

(vi)    Hooks and swivles having screw threader parts or ball bearing or other case hardened parts.

(vii)   Socket shackles secured to wire ropes by transparent metal capping.

(viii)  Bordeau connections.

(ix)    Any chain or lifting tackle which has been subjected to the heat treatment known as "normalising" instead of annealing. Such chains and lifting tackle shall be thoroughly examined by a competent person at least once in every twelve months, and particulars of such examination shall be entered in the register in Form 10

(7)     All lifting machines, chains, ropes and lifting tackle except a fibre rope or fibre sling, which have been lengthened, altered or repaired by welding or otherwise, shall not be used again, unless it is adequately tested and examined by a competent person and certified in writing by him to be in order.]

[42][(8) No person who has not completed eighteen years of age and no adult who is not sufficiently trained in the working of lifting machines and acquainted with the hazzards of the machines shall be employed as a driver of a lifting machine whether driven by mechanical power or otherwise, or to give signals to a driver.][43]

Rule - 60-A. [Passage ways for cranes

(1)     To provide access to rail tracks of over head travelling cranes suitable passage ways of at least 50 cm width with toe boards and double hand rails 90 cm. high shall be provided along side and clear of the rail tracks of over head travelling cranes, so that no moving part of the crane can strike persons on the way, and the passage way shall be at a lower level than the crane track itself, safe access ladders shall be provided at suitable intervals to afford access to these, passage ways, and from passage ways to the rails tracks.

(2)     The State Government may in writing exempt any existing factory from the provisions of sub-rule (1) if the construction of the factory is such as to make it impossible to provide such a passage way.][44]

Rules Prescribed Under Sub-Sec. (2) Of Sec. 31 And Sec. 112

Rule - 61. [Pressure vessels or plant

(1)     Interpretation-In this rule-

(a)      "design pressure" means the maximum pressure that a pressure vessels or plant is designed to withstand safety when operating normally;

(b)      "maximum permissible working pressure" means the maximum pressure at which a pressure vessel or plant is permitted to be operated or used under this rule and is determined by the technical requirement of the process.

(c)      "plant" means a system of piping that is connected to a pressure vessel and so used to contain a gas vapour or liquid under pressure greater than the atmospheric pressure and includes the pressure vessels.

(d)      "pressure vessel" means a vessel that may be used for containing, storing, distributing, transferring, distilling, processing or otherwise handling any gas, vapour or liquid under pressure greater than the atmospheric pressure and includes any pipeline fitting or other equipment attached thereto or used in connection therewith.

(2)     Exception:-Nothing in this rule shall apply to-

(a)      Vessels made of ferrous materials having an internal operating pressure not exceeding 1 kilogram per square centimeter;

(b)      steam boilers, steam and feed-pipes and their fittings coming under the purview of the Indian Boilers Act. 1923;

(c)      Metal bottles or cylinders used for storage or transport of compressed gases or liquified or dissolved gases under pressure covered by the Gas Cylinder Rules, 1981 framed under the Indian Explosives Act, 1884;

(d)      Vessels in which internal pressure is due solely to the static heat or liquid;

(e)      Vessels with a nominal water capacity not exceeding 500 litres connected in a water-pumping system containing air that is compressed to service as cushion.

(f)       Vessels for unclear energy application;

(g)      refrigeration plant having a capacity of 3 tons or less or refrigerations in 24 hours; and

(h)     working cylinders of steam engines or prime movers and steam trapes; turbine casings; compressor cylinders; steam separators or dryers; steam strainers; steam de-super-heaters; oil separators; air receivers for fire sprinkler installations; air receivers of monotype machines provided maximum working pressure of the air receiver does not exceed 1.33 kilograms per square centimeter and the capacity of 85 litres; air receivers of electrical circuit breakers; air receivers of electrical relays; air vessels on pumps, pipe coils accessories of instruments and appliances such as cylinders and piston assemblies used for operating relays and interlocking type of guards, vessels with liquids subjected to static heat only: and hydraulically operating other than any cylinders communicating with an air loaded accumulator.

(3)     Design and construction:-Every pressure vessels or plant used in factory:-

(a)      shall be properly designed on sound engineering practice;

(b)      shall be of good construction, sound material, adequate strength and free from any patent defects; and

(c)      shall be properly maintained in a safe condition:

Provided that the pressure vessels or plant in respect of the design and construction of which there is an Indian standard or a standard of the country of manufacture or any other law or regulation in force, shall be designed and constructed in accordance with the said standard, law or regulation, as the case may be, and a certificate thereof shall be obtained from the manufacturer or from the competent person which shall be kept and produced on demand by an Inspector.

(4)     Safety devices:-Every pressure vessel shall be fitted with-

(a)      a suitable safety value or other effective pressure relieving device of adequate capacity to ensure that the maximum permissible working pressure of the pressure vessels shall not be exceeded. It shall be set to operate at a pressure not exceeding the maximum permissible working pressure and when more than one protective device is provided, only one of the devices need be set to operate at the maximum permissible working pressure and the additional device shall be set to discharge at a pressure not more than 5 per cent in excess of the maximum permissible working pressure.

(b)      a suitable pressure gauge with a dial range not less than 1.5 times the maximum permissible working pressure, easily visible and designed to show at all times the correct internal pressure and marked with a prominent red mark at the maximum permissible working pressure of the pressure vessel;

(c)      a suitable nipple and globe valve connected for the exclusive purpose of attaching a test pressure gauge for checking the accuracy of the pressure gauge referred to in clause (b) of this sub-rule;

(d)      a suitable stop or valves by which the pressure vessel may be isolated from other pressure vessels or plant or source of supply of pressure. Such a stop valve or valves shall be located as close to the pressure vessel as possible and shall be easily accessible;

(e)      a suitable drain cock or valve at the lowest part of the pressure vessel for the discharge of the liquid or other substances that may collect in the pressure vessel:

Provided that it shall be sufficient for the purpose of this sub-rule if the safety valve or pressure relieving device, the pressure gauge and the stop valve are mounted on a pipe line immediately adjacent to the pressure vessel and where there is a range of two or more similar pressure vessel served by the same pressure lead, only set of such mountings need be fitted on the pressure lead immediately adjacent to the range of pressure vessels provided they can not be isolated.

(5)     Pressure reducing devices:-

(a)      Every pressure vessel which is designed for a working pressure less than the pressure at the source of supply; or less than the pressure which can be obtained in the pipe connecting the pressure vessel with any other source of supply, shall be fitted with a suitable pressure reducing value or other suitable automatic device to prevent the maximum permissible working pressure of the pressure vessel exceeded.

(b)      To further protect the pressure vessel in the event of failure of the reducing valve or device, at least one safety valve having a capacity sufficient to release all the steam, vapour or gas without undue pressure rise as determined by the pressure at the source of supply and the size of the pipe connecting the source of supply shall be fitted on the low pressure side of the reducing valve.

(6)     Pressure vessel or plant being taken into use:-

(a)      No new pressure vessel or plant shall be taken into use in a factory after coming into force of this rule unless it has been hydrostatically tested by a competent person at a pressure at least 1, 3 times the designed pressure, and no pressure vessel or plant which has been previously used or has remained isolated or idle for a period exceeding 2 months or which has undergone alterations or repair shall be taken into use in a factory unless it has been thoroughly examined by a competent person externally and internally if practicable and has been hydrostatically tested by the competent person at a pressure which shall be 1.5 times the maximum permissible working pressure:-

Provided, however, that the pressure vessel or plant which is so designed and constructed that it cannot be safely fitted with water or liquid or is used in service when even some traces of water cannot be tolerated shall be pneumatically tested at a pressure not less than the design pressure or the maximum permissible working pressure as the case may be:-

Provided further that the pressure vessel or plant is lined with glass shall be tested hydrostatically or pneumatically as required at a pressure not less than the design pressure or maximum permissible working pressure as the case may be.

Design pressure shall be not less than the maximum permissible working pressure and shall take into account the possible fluctuations of pressure during actual operation.

(b)      No pressure vessel or plant shall be used in a factory unless there has been obtained from the maker of the pressure vessel or plant or from the competent person a certificate specifying the design pressure or maximum permissible working pressure thereof and stating the nature of tests to which the pressure vessel or plant and its fittings (if any) have been subjected and every pressure vessel or plant so used in a factory shall be marked so as to enable it to the identified as to be the pressure vessel or plant to which the certificate relates and the certificate shall be kept available for perusal by the Inspector.

(c)      No pressure vessel or plant shall be permitted to be operated or used of a pressure higher than its design pressure, or the maximum permissible working pressure as shown in the certificate.

(7)     In-service test and examinations:-

(a)      Every pressure vessel or plant in service shall be thoroughly examined by a competent person:-

(i)       externally, once in every period of six months;

(ii)      internally, once in every period of twelve months:-

Provided that if by reason of the construction of a pressure vessel or plant, a thorough internal examination is not possible, this examination may be replaced by a hydrostatic test which shall be carried out once in every period of two years

Provided further that for a pressure vessel or plant in continuous process which cannot be frequently opened, the period of internal examination may be extended to four years; and

(iii)     hydrostatically tested once in every period of four years:-

Provided that in respect of a pressure vessel or plant with thin walls such as sizing cylinder made of copper or any other non-ferrous metal, periodic test may be dispensed with subject to the condition that the requirement laid down in sub-rule (8) are fulfilled:-

Provided further that when it is impracticable to carry out thorough external examination of any pressure vessel or plant every six months as required in sub-clause (i) of this clause or it owning to its construction and use a pressure vessel or plant cannot be hydrostatically tested as required in sub-clauses (ii) and (iii) of this clause thorough external examination of the pressure vessel or plant shall be carried out at least once in every period of two years a thorough systematic nondestructive test like ultrasonic test for metal thickness or other defects of all parts the failure of which might lead to eventual rupture of the pressure vessel or plant shall be carried out.

(b)      The pressure for the hydrostatic test to be carried out for the purpose of this sub-rule shall be 1.25 times the design pressure or 1.5 times the maximum permissible working pressure whichever is less.

(8)     Thin walled pressure vessel or plant:-

(a)      In respect of any pressure vessel or plant or thin walls such as seizing cylinder made of copper or any other non-ferrous metal, the maximum permissible working pressure for every year or use after the first five years and no such cylinder shall be allowed to continue to be used for more than twenty years after it was first taken into use.

(b)      If any information as to the date of construction, thickness of walls or maximum permissible working pressure is not available the age of such pressure vessel or plant shall be determined by the competent person in consultation with the Chief Inspector from the other particulars available with the manager.

(c)      Every new and second hand pressure vessel or plant of thin walls to which repair is likely to effect its strength or safety have been carried out, shall be tested before use to at least 1.5 times its maximum permissible working pressure.

(9)     Report by competent person:-

(a)      If during any examination any doubt arises as to the ability of the pressure vessel or plant to work safely until the next prescribed examination, the competent person shall enter in the prescribed register his observations and conclusions with other relevant remarks with reasons and may authorise the pressure vessel or plant to be used and kept in operation subject to a lowering of maximum permissible working pressure, or to more frequent or special examination or test or subject to both of these conditions.

(b)      A report of every examination or test carried out shall be completed in Form No. 11 and shall be signed by the person making the examination or test and shall be kept available for perusal by the Inspector at all hours when the factory or any part thereof is working.

(c)      Where the report of any examination under this rule specifies any condition for securing the safe working of any pressure vessel or plant the pressure vessel or plant shall not be used unless the specified condition is fulfilled.

(d)      The competent person making report of any examination under this rule shall within seven days of the completion of the examination send to the Inspector a copy of the report in every case where the maximum permissible working pressure is reduced or the examination shows that the pressure vessel or plant or any part thereof cannot continue to be used with safety unless certain repairs are carried out or unless any other safety measure is taken.

(10)   Application of other laws:-

(a)      The requirements of this rule shall be in addition to and without any prejudice to and not in derogation of the requirements of any other law in force.

(b)      Certificate or reports of any examination or test of any pressure vessel or plant to which sub-rules (7) to (9) do not apply, conducted or required to be conducted under any other law in force and other relevant record relating to such pressure vessel or plant, shall be properly maintained as required under the said law and shall be produced on demand by the Inspector.][45]

Rule - 61-A. Safety of water sealed gas-holder

(1)     The expression "gas-holder" in this rule means a water-sealed gas-holder which has a storage capacity of not less than 141.5 cubic meters (5,000 eft.)

(2)     Every gas-holder shall be of good construction, sound material and adequate strength and shall be properly maintained.

(3)     Where there are more than one gas-holder in a factory, every gas-holder shall be marked in a conspicuous position with a distinguishing number or letter.

(4)     Every gas-holder shall be thoroughly examined externally by a competent person at least once in a period of 12 months.

(5)     In the case of a gas-holder of which any lift has been in use for more than 10 years, the internal state of the sheeting shall, within one year of the coming into operation of this rule and thereafter at least at every period of four years, be examined by a competent person by means of electronic or other accurate devices:

Provided that if the Chief Inspector is satisfied that such electronic or other accurate devices are not available, he may permit the cutting of samples from the crown and the sides of the holder:

Provided further that if such examination raises a doubt as to the soundness of the internal state of the sheeting an Internal visual examination shall be made.

(6)     All possible steps shall be taken to prevent or minimise ingress of impurities in the gas-holders.

(7)     No gas-holder shall be repaired or demolished except under the direct supervision of a person who by his training and experience and his knowledge of the necessary precautions against risks of explosion and of persons being overcome by gas, is competent to supervise such work.

(8)     (i) All sample discs out under sub-rule (5), shall be kept readily available for inspection.

(ii) A permanent register duly signed by the occupier or manager shall be maintained giving the following particulars:-

(a)      The distinguished number or letter of gas holder marked thereon under sub-rule (3) and the particulars of manufacture i.e. maker's name, date of manufacture, capacity, number of lifts, and pressure thrown by holder when full of gas;

(b)      The dates of examination carried out as required under sub-rules(4) and (5) above and by whom carried out;

(c)      The methods of examination used;

(d)      Date of painting;

(e)      Nature of repairs and names of persons carrying out repairs; and

(f)       Remarks.

(iii) The results of examinations by a competent person under sub-rules (4) and (5) shall be in the Form No. 11-A.

(iv) A copy of the report in Form No. 11-A shall be kept in the register and both the register and the report shall be readily available for inspection.

Rule - 61-B. [Reaction vessels and kettles

(1)     This rule applies to reaction vessels and kettles (hereinafter referred to as "reaction vessels") which normally work at the pressure not above the atmospheric pressure but in which there is likelihood of pressure being created above the atmospheric pressure due to reaction getting out of control or any other circumstances.

(2)     In the event of the vessel being heated by electrical means, a suitable control device shall be provided to prevent the temperature exceeding the safe limit.

(3)     Where steam is used for heating purposes in reaction vessel, it shall be supplied through a suitable automatic device to prevent the maximum permissible steam pressure being exceeded unless the pressure of the steam in the supply line itself can not exceed the said maximum permissible pressure.

(4)     A suitable safety valve or require disc of adequate size and capacity shall be provided to effectively prevent the pressure being built up in the reaction vessel beyond the safe limit. Effective arrangement shall be made to ensure that the released gases, fumes, vapours, liquids or dusts, as the case may be, are led away and disposed of through suitable pipes without causing any hazard flammable gases or vapours are likely to be vented out from the vessel the discharge end shall be provided with a flame arrester.

(5)     Every reaction vessel shall be provided with a pressure gauge having an appropriate range.

(6)     In addition to the device as mentioned in the above clauses, means shall be provided for automatically stopping the feed in to the vessel as soon as process condition deviates from the normal limit to an extent which can be considered as dangerous.

(7)     Where necessary, an effective system for cooling, flooring or blanketing shall be provided for the purpose of controlling the reaction and process conditions within the safe limits of temperature and pressures.

(8)     All automatic auditory and visual warning devices shall be provided for clear warning whenever process conditions exceed the present limits. This device wherever possible shall be integrated without automatic process correction system.

(9)     A notice pointing, out the possible circumstances in which pressure above atmospheric pressure may be built up in the reaction vessel, the dangers involved and the precautions to be taken by the operators shall be displayed at the conspicuous place near the vessel][46]

Rule Prescribed Under Sub-sec. (2) of Sec. 34

Rule - 62. Excessive weights

(1)     No woman or young person shall unaided by another person, lift, carry or move by hand or on head, any material, article, tool or appliance exceeding the maximum limit in weight set out in the following schedule:-

SCHEDULE I

(2)     No woman or young person shall engage, in conjunction with others in lifting, carrying or moving by hand or on head, any material article, tool or appliance if the weight thereof exceed the lowest weight fixed by the Schedule to sub-rule(1) for any of the persons engaged, multiplied by the number of the persons engaged.

Rule Prescribed Under Sec. 35

Rule - 63. Protection of eyes.

Effective screens or suitable goggles shall be provided for the protection of persons employed in or in the immediate vicinity of the processes:-

(a)      The processes specified in Schedule I annexed hereto, being processes which involve risk of injury to the eyes from particles or fragments thrown off in the course of the process.

(b)      The processes specified in Schedule II annexed hereto being processes which involve risk of injury to the eye by reason of exposure to excessive light.

[48][SCHEDULE-1]

(1)     Breaking, cutting, dressing or carving of bricks, stone, concrete stag, or similar materials by means of a hammer, chisel, pick or similar hand tool, or by means of a portable tool driven by mechanical power, and the dry grinding of surfaces of any such material by means of a wheel or disc driven by mechanical power, in any of the forgoing cases, particles or fragments are liable to be thrown off towards the face of the operator in the course of the process.

(2)     Dry grinding of surface of metal by applying them by hand to a wheel, disc or driven by mechanical Power and of surface of metal means of a portable tool driven by mechanical power.

(3)     Dividing into separate parts of metal, bricks, stone, concrete or similar materials by means of a high speed saw driven by mechanical power or by means of an abrasive cutting off wheel or disc driven by mechanical powers.

(4)     Turning of metals or articles of metal, where particles or fragments are liable to be thrown off towards the face of the operator in the course of process.

(5)     Drilling by means of portable tools, where particles or fragments are liable to be thrown off towards the face the operator in the course of the process.

(6)     Welding and cutting of metals by means of an electric, oxy-acetylene or similar process.

(7)     Hot felling of steel castings by means of a flux injected burner or air torch, and de-seaming of metal.

(8)     Felling of metal castings involving the removal of metal-including runners, gates and risers, and removal of any other material during the course of such felling.

(9)     Chipping of metal, and chipping, knocking out, cutting out or cutting off of cold rivets, bolts, nuts, lugs, pins, collars or similar articles from any structure or plant, or from part of any structure or plant, by means of a hammer, chisel, punch or similar hand tool, or by means of portable tool driven by mechanical power.

(10)   Chipping or scurfing of paint, scales, rust or other corrosion from the surface of metal and other hard materials by means of a hand tool or by a portable tool driven by mechanical power.

(11)   Breaking of scrap metal by means of a hammer or by means of a tool driven by mechanical power.

(12)   Rounding of metal, where particles or fragments are liable to be thrown off towards the face of the operator in the course of the process.

(13)   Work with drop hammers and powers hammers used in either case for the manufacture of forgings, and work by any person and working with such hammers, whose work is carried on in such circumstances and in such a position that particles or fragments are liable to be thrown off towards his face during work with drop hammers or power hammers.

(14)   Work at a furnace where there is risk to the eyes from molten metal.

(15)   Pouring or skimming of molten-metal.

(16)   Work involving risk to the eyes from hot sand being thrown off.

(17)   Truing or dressing of an abrasive wheel.

(18)   Handling in open vessels or manipulation of strong acids or dangerous corrosive liquids or materials, and operation, maintenance or dismantling of plant or any part of plant, being plant or part of which contains or has contained such acids, liquids or materials, unless the plant or part of plant has been so prepared (by isolation, reduction of pressure, or otherwise), treated or designed and constructed as to prevent risk of injury.

(19)   Any other process wherein there is a risk of a injury to eyes from particles or fragments thrown of during the course of the process.

SCHEDULE-II

(1)     Welding or cutting of metals by means of an electrical, oxy-acetylene or similar process.

(2)     All work on furnance where there is risk of exposure to excessive light to infra-red radiations.

(3)     Process such as rolling, casting or forging of metals, where there is risk of exposure to excessive light or infra-red radiations.

(4)     Any other process wherein there is a risk of injury to eyes from exposure to excessive light or infra-red or ultraviolet radiations.)

Rule Prescribed Under Sub-section (6) of Sec. 36

Rule - 64. Minimum dimensions of manholes

Every chamber, tank, vat pipe, flue or other confined space, which persons may have to enter and which may contain dangerous fumes to such an extent as to involve risks of the persons being over come thereby shall, unless there is other effective means of egress, be provided with manhole which may be rectangular, oval or circular in shape, and which shall

(a)      in the case of rectangular or oval shape, be not less than 40.6 centimeters long and 30.5 centimeters wide;

(b)      in the case of a circular shape, be not less than 40.6 centimeters in diameter.

Exemptions Under Sub-sec. (5) of Sec. 37

Rule - 65. Exemptions.

The requirements of sub-sec. (4) of Sec. 37 shall not apply to the following processes carried on in any factory:-

(a)      The operation of repairing a water-sealed gas-holder by the electric welding process, subject to the following conditions:-

(i)       The gas-holder shall contain only the following gases, separately or mixed at a pressure greater than atmospheric pressure namely town gas, coke-oven gas, producer gas, blast furnance gas, or gases other than air, used in their manufacture:

Provided that this exemption shall not apply to any gas-holder containing acetylene or mixture of gases to which acetylene has been added intentionally:

(ii)      Welding shall only be done by the electric welding process and shall be carried out by experienced operatives under the constant supervision of a competent person:

(b)      The operations of cutting or welding steel or wrought iron gas mains and services by the application of heat, subject to the following conditions:

(i)       The main or service shall be situated in the open air, and it shall contain only the following gases, separately or mixed at a pressure greater than atmospheric pressure, namely town gas, coke-oven gas, producer gas, blast furnance gas or gases other than air, used in their manufacture:

(ii)      The main or service shall not contain acetylene or anything or mixture of gases to which acetylene has been added intentionally;

(iii)     The operation shall be carried out by an experienced person or persons and at least two persons (including those carrying out the operations) experienced in work on gas mains and over 18 years of age shall be present during the operation;

(iv)    The site of the operation shall be free from inflammable or explosive gas or vapour:

(v)      Where acetylene gas is used as source of heat in connection with an operation it shall be compressed and contained in a porous substance in a cylinder; and

(vi)    Prior to the application of any flame to the gas main or service, this shall be pierced or drilled and the escaping gas ignited.

(c)      The operation of repairing an oil tank on any ship by the electric welding process, subject to the following conditions:

(i)       The only oil contained in the tank shall have a flash point of not less than 150øF (close test) and a certificate to this effect shall be obtained from a competent analyst.

(ii)      The analyst's certificate shall be kept available for inspection by an inspector, or by any person employed or working on the ship:

(iii)     The welding operation shall be carried out only on the exterior surface of the tank at a place (a) which is free from oil leakage in inflammable quantities, and (b) which is not less than 30.5 centimeters below the nearest part of the surface of the oil within the tank: and

(iv)    Welding shall be done only by the electric welding and shall be carried out by experienced operatives under the constant supervision of a competent person.

Rules Prescribed Under Sub-Sec. (1) Of Sec. 38

Rule - 66. Means of escape in case of fire

(1)     Every factory shall be provided with adequate means of escape in case of fire for the persons employed therein and without prejudice to generality of the foregoing:-

(a)      Each room of a factory building shall in relation to its size and the number of persons employed in it be provided with an adequate number of exits for use in case of fire though not necessarily confined to such use so positioned that each person will have a reasonably free and unobstructed passage from his work-place to an exit;

(b)      No exist intended for use in case of fire shall be less than 91.4 centimeters in width nor less than 2 meters in height:

(c)      In the case of a factory building or part of a factory building more than one storey and in which less than twenty persons work at any one time, there shall be provided at least one substantial stairway permanently constructed either inside or outside the building and which affords direct and unimpeded access to ground level;

(d)      In the case of a factory building or part of a factory building in which twenty or more persons work at any one time above the level of the ground floor, or wherein explosive or highly inflammable materials are used or stored or which is situated below ground level, the means of escape shall include at least two separate and substantial stairways permanently constructed either inside or outside the building and which afford direct and unimpeded access to ground level;

(e)      Every stairway in a factory which affords a means of escape in case of fire shall be provided with a substantial handrail which if the stairway has an open side shall be on that side, and if the stairway has two open sides such handrail shall be provided on both sides.

(2)     In the case of a building constructed or converted for use as a factory after the date of the passing of the Act, the following additional requirements shall apply-

(a)      At least one of the stairways provided shall be of fire-resisting materials;

(b)      Every hoist-way or lift-way inside a factory building shall be completely enclosed with fire-resisting materials and all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials:

Provided that any such hoist way or lift-way shall be enclosed only at the top by some material easily broken by the fire or be provided with a vent at the top

(c)        No fire escape stair shall be constructed at an angle greater than 45ø from the horizontal:

(d)        The fire escape stair shall be within 45.7 meters along the line of travel from any part of the floor from which it is meant to provide escape;

(e)        No stairway shall be less than 91.4 centimeters in width.

Rule - 66-A. [Fire protection:

(1)     Processes, equipment, plant, involving serious explosion and serious fire hazards.-

(a)      All processes, storage, equipments, plant etc. involving serious explosion and flash fire hazard shall be located in segregated buildings where the equipment shall be so arranged that only a minimum number of employees are exposed to such hazards at any one time.

(b)      All industrial processes involving serious fire hazard shall be located in buildings or work places separated from one another by wall of fire-resistant construction.

(c)      Equipment and plant involving serious fire or flash fire hazard shall, wherever possible, be so constructed and installed that in case of fire-they can be easily isolated.

(d)      Ventilation ducks, pneumatic and similar equipment involving a serious fire risk should be provided with flame-arresting or automatic fire extinguishing appliances, or fire resisting dampers electrically inter locked with heat sensitive/smoke detectors and the air-conditioning plant system.

(e)      In all work places having serious fire or flash fire hazards, passages between machines, installation or piles or material should be at least 90 cm wide for storage piles. The clearance between the ceiling, and the top of the pile should not be less than 2 m.

(2)     Access for the fighting:-

(a)      Buildings and plants shall be so laid out and roads, passage ways etc. so-maintained as to permit unobstructed access for the fighting.

(b)      Doors and window opening shall be located in suitable positions on all external walls of the building to provide easy access to the entire area within the building for the fighting.