2*[CHAPTER IV A
PROVISIONS RELATING TO HAZARDOUS
PROCESSES
41A.
Constitution of Site Appraisal
Committees.
41A. Constitution of Site
Appraisal Committees. (1) The State
Government may, for purposes
of advising it to consider applications
for grant of permission for
the initial location of a factory
involving a hazardous process
or for the expansion of any such
factory, appoint a Site
Appraisal Committee consisting of--
(a) the Chief Inspector of the
State who shall be its
Chairman;
(b) a representative of the
Central Board for the
Prevention and Control of
Water Pollution appointed by
the Central Government under
section 3 of the Water
(Prevention and Control of
Pollution) Act, 1974 (6 of
1974);
(c) a representative of the
Central Board for the
Prevention and Control of Air
Pollution referred to in
section 3 of the Air
(Prevention and Control of
Pollution) Act, 1981 (14 of
1981);
(d) a representative of the
State Board appointed under
section 4 of the Water
(Prevention and Control of
Pollution) Act, 1974; (6 of
1974).
(e) a representative of the
State Board for the Prevention
and Control of Air Pollution
referred to in section 5
of the Air (Prevention and
Control of Pollution) Act,
31
1981 (14 of 1981);
(f) a representative of the
Department of Environment in
the State;
(g) a representative of the
Meteorological Department of
the Government of India;
(h) an expert in the field of
occupational health; and
(i) a representative of the
Town Planning Department of the
State Government,
and not more than five other
members who may be co-opted by the State
Government who shall be--
(i) a scientist having
specialised knowledge of the
hazardous process which will
be involved in the
factory,
(ii) a representative of the
local authority within whose
jurisdiction the factory is to
be established, and
(iii)not more than three other
persons as deemed fit by the
State Government.
(2) The Site Appraisal
Committee shall examine an application for
the establishment of a factory
involving hazardous process and make
its recommendation to the
State Government within a period of ninety
days of the receipt of such
applications in the prescribed form.
(3) Where any process relates
to a factory owned or controlled by
the Central Government or to a
corporation or a company owned or
controlled by the Central
Government, the State Government shall coopt
in the Site Appraisal
Committee a representative nominated by the
Central Government as a member
of that Committee.
(4) The Site Appraisal
Committee shall have power to call for any
information from the person
making an application for the
establishment or expansion of
a factory involving a hazardous process.
(5) Where the State Government
has granted approval to an
application for the
establishment or expansion of a factory involving
a hazardous process, it shall
not be necessary for an applicant to
obtain a further approval from
the Central Board or the State Board
established under the Water
(Prevention and Control of Pollution) Act,
1974 (6 of 1974) and the Air
(Prevention and Control of Pollution) A
Act 1981 (14 of 1981).
41B.
Compulsory disclosure of
information by the occupier.
41B. Compulsory disclosure of
information by the occupier. (1)
The occupier of every factory
involving a hazardous process shall
disclose in the manner
prescribed all information regarding dangers,
including health hazards and
the measures to overcome such hazards
arising from the exposure to
or handling of the materials or
substances in the manufacture,
transportation, storage and other
processes, to the workers
employed in the factory, the Chief
Inspector, the local authority
within whose jurisdiction the factory
is situate and the general
public in the vicinity.
(2) The occupier shall, at the
time of registering the factory
involving a hazardous process
lay down a detailed policy with respect
to the health and safety of
the workers employed therein and intimate
such policy to the Chief
Inspector and the local authority and,
thereafter, at such intervals
as may be prescribed, inform the Chief
Inspector and the local
authority of any change made in the said
policy.
32
(3) The information furnished
under sub-section (1) shall include
accurate information as to the
quantity, specifications and other
characteristics of wastes and
the manner of their disposal.
(4) Every occupier shall, with
the approval of the Chief
Inspector, draw up an on-site
emergency plan and detailed disaster
control measures for his
factory and make known to the workers
employed therein and to the
general public living in the vicinity of
the factory the safety
measures required to be taken in the event of
an accident taking place.
(5) Every occupier of a
factory shall,--
(a) if such factory engaged in
a hazardous process on the
commencement of the Factories
(Amendment) Act, 1987,
within a period of thirty days
of such commencement;
and
(b) if such factory proposes
to engage in a hazardous
process at any time after such
commencement, within a
period of thirty days before
the commencement of such
process,
inform the Chief Inspector of
the nature and details of the process in
such form and in such manner
as may be prescribed.
(6) Where any occupier of a
factory contravenes the provisions of
sub-section (5), the licence
issued under section 6 to such factory
shall, notwithstanding any
penalty to which the occupier or factory
shall be subjected to under
the provisions of this Act, be liable for
cancellation.
(7) The occupier of a factory
involving a hazardous process
shall, with the previous
approval of the Chief Inspector, lay down
measures for the handling,
usage, transportation and storage of
hazardous substances inside
the factory premises and publicise them in
the manner prescribed among
the workers and the general public living
in the vicinity.
41C.
Specifice responsibility of
the occupier in relation to
hazardoueprocesses.
41C. Specifice responsibility
of the occupier in relation to
hazardoue processes. Every
occupier of a factory involving any
hazardous process shall--
(a) maintain accurate and
up-to-date health records or, as
the case may be, medical
records, of the workers in the
factory who are exposed to any
chemical, toxic or any
other harmful substances which
are manufactured,
stored, handled or transported
and such records shall
be accessible to the workers
subject to such conditions
as may be prescribed;
(b) appoint persons who
possess qualifications and
experience in handling
hazardous substances and are
competent to supervise such
handling within the factory
and to provide at the working
place all the necessary
facilities for protecting the
workers in the manner
prescribed:
Provided that where any
question arises as to the
qualifications and experience
of a person so appointed,
the decision of the Chief
Inspector shall be final;
(c) provide for medical
examination of every worker--
(a) before such worker is
assigned to a job involving
the handling of, or working
with, a hazardous
33
substance, and
(b) while continuing in such
job, and after he has
ceased to work in such job, at
intervals not
exceeding twelve months, in
such manner as may be
prescribed.
41D.
Power of Central Government to
appoint Inquiry Committee.
41D. Power of Central
Government to appoint Inquiry Committee.
(1) The Central Government
may, in the event of the occurrence of an
extraordinary situation
involving a factory engaged in a hazardous
process, appoint an Inquiry
Committee to inquire into the standards of
health and safety observed in
the factory with a view to finding out
the causes of any failure or
neglect in the adoption of any measures
or standards prescribed for
the health and safety of the workers
employed in the factory or the
general public affected or likely to be
affected, due to such failure
or neglect and for the prevention and
recurrence of such
extraordinary situations in future in such factory
or elsewhere.
(2) The Committee appointed
under sub-section (1) shall consist
of a Chairman and two other
members and the terms of reference of the
Committee and the tenure of
office of its member shall be such as may
be determined by the Central
Government according to the requirements
of the situation.
(3) The recommendations of the
Committee shall be advisory in
nature.
41E.
Emergency standards.
41E. Emergency standards. (1)
Where the Central Government is
satisfied that no standards of
safety have been prescribed in respect
of a hazardous process or
class of hazardous processes, or where the
standards so prescribed are
inadequate, it may direct the Director-
General of Factory Advice
Service and Labour Institutes or any
institution specialised in
matters relating to standards of safety in
hazardous processes, to lay
down emergency standards for enforcement
of suitable standards in
respect of such hazardous processes.
(2) The emergency standards
laid down under sub-section shall,
until they are incorporated in
the rules made under this be
enforceable and have the same
effect as if they had been incorporated
in the rules made under this
Act.
41F.
Permissible limits of exposure
of chemical and toxic sub-stances.
3*[41F. Permissible limits of
exposure of chemical and toxic substances.
(1) The maximum permissible
threshold limits of exposure of
chemical and toxic substances
in manufacturing processes (whether
hazardous or otherwise) in any
factory shall be of the value indicated
in the Second Schedule.
(2) The Central Government
may, at any time, for the purpose of
giving effect to any
scientific proof obtained from specialised
institutions or experts in the
field, by notification in the Official
Gazette, make suitable changes
in the said Schedule.]
41G.
34
Workers' participation in
safety management.
41G. Workers' participation in
safety management. (1) The
occupier shall, in every
factory where a hazardous process takes
place, or where hazardous
substances are used or handled, set up a
Safety Committee consisting of
equal number of representatives of
workers and management to
promote cooperation between the workers and
the management in maintaining
proper safety and health at work and to
review periodically the
measures taken in that behalf:
Provided that the State
Government may, by order in writing and
for reasons to be recorded,
exempt the occupier of any factory or
class of factories from
setting up such Committee.
(2) The composition of the
Safety Committee, the tenure of office
of its members and their
rights and duties shall be such as may be
prescribed.
41H.
Right of workers to warn about
imminent danger.
41H. Right of workers to warn
about imminent danger. (1) Where
the workers employed in any
factory engaged in a hazardous process
have reasonable apprehension
that there is a likelihood of imminent
danger to their lives or
health due to any accident, they may bring
the same to the notice of the
occupier, agent, manager or any other
person who is incharge of the
factory or the process concerned
directly or through their
representatives in the Safety Committee and
simultaneously bring the same
to the notice of the Inspector.
(2) It shall be the duty of
such occupier, agent, manager or the
person incharge of the factory
or process to take immediate remedial
action if he is satisfied
about the existence of such imminent danger
and send a report forthwith of
the action taken to the nearest
Inspector.
(3) If the occupier, agent,
manager or the person incharge
referred to in sub-section (2)
is not satisfied about the existence of
any imminent danger as
apprehended by the workers, he shall,
nevertheless, refer the matter
forthwith to the nearest Inspector
whose decision on the question
of the existence of such imminent
danger shall be final."]
CHAPTER V
WELFARE
42.
Washing facilities.
42. Washing facilities. (1) In
every factory--
(a) adequate and suitable
facilities for washing shall be
provided and maintained for
the use of the workers
therein;
(b) separate and adequately
screened facilities shall be
provided for the use of male
and female workers;
35
(c) such facilities shall be
conveniently accessible and
shall be kept clean.
(2) The State Government may,
in respect of any factory or class
or description of factories or
of any manufacturing process, prescribe
standards of adequate and
suitable facilities for washing.
43.
Facilities for storing and
drying clothing.
43. Facilities for storing and
drying clothing. The State
Government may, in respect of
any factory or class or description of
factories, make rules
requiring the provision therein of suitable
places for keeping clothing
not worn during working hours and for the
drying of wet clothing.
---------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s.
20, for the word "devices" (w.e.f.
26-10-1976).
2. Ins. by Act 20 of 1987, s.
20 (w.e.f. 1-12-1987).
3. Ins by s. 20, (w.e.f.
1-6-1988).
60A
44.
Facilities for sitting.
44. Facilities for sitting.
(1) In every factory suitable
arrangements for sitting shall
be provided and maintained for all
workers obliged to work in a
standing position, in order that they may
take advantage of any
opportunities for rest which may occur in the
course of their work.
(2) If, in, the opinion of the
Chief Inspector, the workers in
any factory engaged in a
particular manufacturing process or working
in a particular room are able
to do their work efficiently in a
sitting position, he may, by
order in writing, require the occupier of
the factory to provide before
a specified date such seating
arrangements as may be
practicable for all workers so engaged or
working.
(3) The State Government may,
by notification in the Official
Gazette, declare that the
provisions of sub-section (1) shall not
apply to any specified factory
or class or description of factories or
to any specified manufacturing
process.
45.
First-aid appliances.
45. First-aid appliances. (1)
There shall in every factory be
provided and maintained so as
to be readily accessible during all
working hours first-aid boxes
or cupboards equipped with the
prescribed contents, and the
number of such boxes or cupboards to be
provided and maintained shall
not be less than one for every one
hundred and fifty workers
ordinarily employed 1*[at any one time] in
the factory.
2*[(2) Nothing except the
prescribed contents shall be kept in a
first-aid box or cupboard.
(3) Each first-aid box or
cupboard shall be kept in the charge of
a separate responsible person
3*[who holds a certificate in first-aid
treatment recognised by the
State Government] and who shall always be
readily available during the
working hours of the factory.]
36
4*[(4)] In every factory
wherein more than five hundred workers
are 5*[ordinarily employed]
there shall be provided and maintained an
ambulance room of the
prescribed size, containing the prescribed
equipment and in the charge of
such medical and nursing staff as may
be prescribed 6*[and those
facilities shall always be made readily
available during the working
hours of the factory].
---------------------------------------------------------------------
1. Ins. by Act 25 of 1954, s.
9.
2. Subs. by s. 9, ibid., for
original sub-section (2).
3. Subs. by Act 94 of 1976, s.
21, for certain words (w.e.f. 26-10-
1976).
4. Sub-section (3) renumbered
as sub-section (4) by Act 25 of 1954,
s. 9.
5. Subs. by Act 94 of 1976, s.
21, for "employed" (w.e.f. 26-10-
1976).
6. Ins. by s. 21, ibid.
(w.e.f. 26-10-1976).
60B
46.
Canteens.
46. Canteens. (1) The State
Government may make rules requiring
that in any specified factory
wherein more than two hundred and fifty
workers are ordinarily
employed, a canteen or canteens shall be
provided and maintained by the
occupier for the use of the workers.
(2) Without prejudice to the
generality of the foregoing power,
such rules may provide for--
(a) the date by which such
canteen shall be provided;
(b) the standards in respect
of construction,
accommodation, furniture and
other equipment of the
canteen;
(c) the foodstuffs to be
served therein and the charges
which may be made therefor;
(d) the constitution of a
managing committee for the
canteen and representation of
the workers in the
management of the canteen;
1*[(dd) the items of
expenditure in the running of the
canteen which are not to be
taken into account in
fixing the cost of foodstuffs
and which shall be borne
by the employer;]
(e) the delegation to the
Chief Inspector, subject to such
conditions as may be
prescribed, of the power to make
rules under clause (c).
47.
Shelters, rest rooms and lunch
rooms.
47. Shelters, rest rooms and
lunch rooms. (1) In every factory
wherein more than one hundred
and fifty workers are ordinarily
employed, adequate and
suitable shelters or rest rooms and a suitable
lunch room, with provision for
drinking water, where workers can eat
meals brought by them, shall
be provided and maintained for the use of
the workers:
Provided that any canteen
maintained in accordance with the
provisions of section 46 shall
be regarded as part of the requirements
of this sub-section:
Provided further that where a
lunch room exists no worker shall
37
eat any food in the work room.
(2) The shelters or rest rooms
or lunch rooms to be provided
under sub-section (1) shall be
sufficiently lighted and ventilated and
shall be maintained in a cool
and clean condition.
---------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s.
22 (w.e.f. 26-10-1976).
60C
(3) The State Government may--
(a) prescribe the standards in
respect of construction,
accommodation, furniture and
other equipment of
shelters, rest rooms and lunch
rooms to be provided
under this section;
(b) by notification in the
Official Gazette, exempt any
factory or class or
description of factories from the
requirements of this section.
48.
Creches.
48. Creches. (1) In every
factory wherein more than 1*[thirty
women workers] are ordinarily
employed there shall be provided and
---------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s.
23, for "fifty women workers" (w.e.f.
26-10-1976).
61
maintaained a suitable room or
rooms for the use of children under
the age of six years of such
women.
(2) Such rooms shall provide
adequate accommodation, shall be
adequately lighted and
ventilated, shall be maintained in a clean and
sanitary condition and shall
be under the charge of women trained in
the care of children and
infants.
(3) The State Government may
make rules--
(a) prescribing the location
and the standards in respect
of construction,
accommodation, furniture and other
equipment of rooms to be
provided under this section;
(b) requiring the provision in
factories to which this
section applies of additional
facilities for the care
of children belonging to women
workers, including
suitable provision of
facilities for washing and
changing their clothing;
(c) requiring the provision in
any factory of free milk or
refreshment or both for such
children;
(d) requiring that facilities
shall be given in any factory
for the mothers of such
children to feed them at the
necessary intervals.
49.
Welfare officers.
49. Welfare officers. (1) In
every factory wherein five hundred
or more workers are ordinarily
employed the occupier shall employ in
the factory such number of
welfare officers as may be prescribed.
(2) The State Government may
prescribe the duties, qualifications
38
and conditions of service of
officers employed under sub-section (1).
50.
Power to make rules to
supplement this Chapter.
50. Power to make rules to
supplement this Chapter. The State
Government may make rules--
(a) exempting, subject to
compliance with such alternative
arrangements for the welfare
of workers as may be
prescribed, any factory or
class or description of
factories from compliance with
any of the provisions of
this Chapter;
(b) requiring in any factory
or class or description of
factories that representatives
of the workers employed
in the factory shall be
associated with the management
of the welfare arrangements of
the workers.
62
CHAPTER VI
WORKING HOURS OF ADULTS
51.
Weekly hours.
51. Weekly hours. No adult
worker shall be required or allowed to
work in a factory for more
than forty-eight hours in any week.
52.
Weekly holidays.
52. Weekly holidays. (1) No
adult worker shall be required or
allowed to work in a factory
on the first day of the week (hereinafter
referred to as the said day),
unless--
(a) he has or will have a
holiday for a whole day on one of
the three days immediately
before or after the said
day, and
(b) the manager of the factory
has, before the said day or
the substituted day under
clause (a), whichever is
earlier,--
(i) delivered a notice at the
office of the
Inspector of his intention to
require the worker
to work on the said day and of
the day which is to
be substituted, and
(ii) displayed a notice to
that effect in the
factory:
Provided that no substitution
shall be made which will result in
any worker working for more
than ten days consecutively without a
holiday for a whole day.
39
(2) Notices given under
sub-section (1) may be cancelled by a
notice delivered at the office
of the Inspector and a notice displayed
in the factory not later than
the day before the said day or the
holiday to be cancelled,
whichever is earlier.
(3) Where, in accordance with
the provisions of sub-section (1),
any worker works on the said
day and has had a holiday on one of the
three days immediately before
it, that said day shall, for the purpose
of calculating his weekly
hours of work, be included in the preceding
week.
53.
Compensatory holidays.
53. Compensatory holidays. (1)
Where, as a result of the passing
of an order or the making of a
rule under the provisions of this Act
exempting a factory or the
workers therein from the provisions of
section 52, a worker is
deprived of any of the weekly holidays for
which provision is made in
sub-section (1) of that section, he shall
be allowed, within the month
in which the holidays were due to him or
within the two months
immediately following that month, compensatory
holidays of equal number of
the holidays so lost.
63
(2) The State Government may
prescribe the manner in which the
holidays for which provision
is made in sub-section (1) shall be
allowed.
54.
Daily hours.
54. Daily hours. Subject to
the provisions of section 51, no
adult worker shall be required
or allowed to work in a factory for
more than nine hours in any
day:
1*[Provided that, subject to
the previous approval of the Chief
Inspector, the daily maximum
specified in this section may be exceeded
in order to facilitate the
change of shifts.]
55.
Intervals for rest.
55. Intervals for rest.
2*[(1)]3*[The periods of work] of adult
workers in a factory each day
shall be so fixed that no period shall
exceed five hours and that no
worker shall work for more than five
hours before he has had an
interval for rest of at least half an hour.
4*[(2) The State Government
or, subject to the control of the
State Government, the Chief
Inspector, may, by written order and for
the reasons specified therein,
exempt any factory from the provisions
of sub-section (1) so however
that the total number of hours worked by
a worker without an interval
does not exceed six.]
56.
Spreadover.
56. Spreadover. The periods of
work of an adult worker in a
factory shall be so arranged
that inclusive of his intervals for rest
under section 55, they shall
not spreadover more than ten and a half
hours in any day:
40
Provided that the Chief
Inspector may, for reasons to be
specified in writing, increase
the 5*[spreadover up to twelve hours].
57.
Night shifts.
57. Night shifts. Where a
worker in a factory works on a shift
which extends beyond
midnight,--
(a) for the purposes of
sections 52 and 53, a holiday for a
whole day shall mean in his
case a period of twentyfour
consecutive hours beginning
when his shift ends;
(b) the following day for him
shall be deemed to be the
period of twenty-four hours
beginning when such shift
----------------------------------------------------------------------
1. Added by Act 25 of 1954, s.
10.
2. S. 55 renumbered as
sub-section (1) of that section by s. 11,
ibid.
3. Subs. by Act 40 of 1949, s.
3 and Sch. II, for "The period".
4. Added by Act 25 of 1954, s.
11.
5. Subs. by Act 94 of 1976, s.
24, for the words "spreadover to
twelve hours" (w.e.f.
26-10-1976).
64
ends, and the hours he has
worked after midnight
shall be counted in the
previous day.
58.
Prohibition of overlapping
shifts.
58. Prohibition of overlapping
shifts. (1) Work shall not be
carried on in any factory by
means of a system of shifts so arranged
that more than one relay of
workers is engaged in work of the same
kind at the same time.
1*[(2) The State Government or
subject to the control of the
State Government, the Chief
Inspector, may, by written order and for
the reasons specified therein,
exempt on such conditions as may be
deemed expedient, any factory
or class or description of factories or
any department or section of a
factory or any category or description
of workers therein from the
provisions of sub-section (1).]
59.
Extra wages for overtime.
59. Extra wages for overtime.
(1) Where a worker works in a
factory for more than nine
hours in any day or for more than fortyeight
hours in any week, he shall,
in respect of overtime work, be
entitled to wages at the rate
of twice his ordinary rate of wages.
2*[(2) For the purposes of
sub-section (1), "ordinary rate of
wages" means the basic
wages plus such allowances, including the cash
equivalent of the advantage
accruing through the concessional sale to
workers of foodgrains and
other articles, as the worker is for the
time being entitled to, but
does not include a bonus and wages for
overtime work.
(3) Where any workers in a
factory are paid on a piece-rate
basis, the time rate shall be
deemed to be equivalent to the daily
average of their full-time
earnings for the days on which they
actually worked on the same or
identical job during the month
41
immediately preceding the
calendar month during which the overtime
work was done, and such time
rates shall be deemed to be the ordinary
rates of wages of those
workers:
Provided that in the case of a
worker who has not worked in the
immediately preceding calendar
month on the same or identical job, the
time rate shall be deemed to
be equivalent to the daily average of the
earning of the worker for the
days on which he actually worked in the
week in which the overtime
work was done.
Explanation.--For the purposes
of this sub-section in computing
the earnings for the days on
which the worker actually worked such
allowances, including the cash
equivalent of the advantage accruing
---------------------------------------------------------------------
1. Subs. by Act 25 of 1954, s.
12.
2. Subs. by Act 94 of 1976, s.
25, for sub-sections (2) and (3)
(w.e.f. 26-10-1976).
65
through the concessional sale
to workers of foodgrains and other
articles, as the worker is for
the time being entitled to, shall be
included but any bonus or
wages for overtime work payable in relation
to the period with reference
to which the earnings are being computed
shall be excluded.]
1*[(4) The cash equivalent of
the advantage accruing through the
concessional sale to a worker
of foodgrains and other articles shall
be computed as often as may be
prescribed on the basis of the maximum
quantity of foodgrains and
other articles admissible to a standard
family.
Explanation 1.--"Standard
family" means a family consisting of
the worker, his or her spouse
and two children below the age of
fourteen years requiring in
all three adult consumption units.
Explanation 2.--"Adult
consumption unit" means the consumption
unit of a male above the age
of fourteen years; and the consumption
unit of a female above the age
of fourteen years; and that of a child
below the age of fourteen
years shall be calculated at the rates of .8
and .6 respectively of one
adult consumption unit.
(5) The State Government may
make rules prescribing-
(a) the manner in which the
cash equivalent of the
advantage accruing through the
concessional sale to a
worker of foodgrains and other
articles shall be
computed; and
(b) the registers that shall
be maintained in a factory for
the purpose of securing
compliance with the provisions
of this section.]
60.
Restriction on double
employment.
60. Restriction on double
employment. No adult worker shall be
required or allowed to work in
any factory on any day on which he has
already been working in any
other factory, save in such circumstances
as may be prescribed.
61.
Notice of periods of work for
adults.
61. Notice of periods of work
for adults. (1) There shall be
displayed and correctly
maintained in every factory in accordance with
the provisions of sub-section
(2) of section 108, a notice of periods
42
of work for adults, showing
clearly for every day the periods during
which adult workers may be
required to work.
(2) The periods shown in the
notice required by sub-section (1)
shall be fixed beforehand in
accordance with the following provisions
of this section, and shall be
such that workers working for those
---------------------------------------------------------------------
1. Subs. by Act 25 of 1954, s.
13.
66
periods would not be working
in contravention of any of the provisions
of sections, 51,52,54,
1*[55,56 and 58].
(3) Where all the adult
workers in a factory are required to work
during the same periods, the
manager of the factory shall fix those
periods for such workers
generally.
(4) Where all the adult
workers in a factory are not required to
work during the same periods,
the manager of the factory shall
classify them into groups
according to the nature of their work
indicating the number of
workers in each group.
(5) For each group which is
not required to work on a system of
shifts, the manager of the
factory shall fix the periods during which
the group may be required to
work.
(6) Where any group is
required to work on a system of shifts and
the relays are not to be
subject to predetermined periodical changes
of shifts, the manager of the
factory shall fix the periods during
which each relay of the group
may be required to work.
(7) Where any group is to work
on a system of shifts and the
relays are to be subject to
predetermined periodical changes of
shifts, the manager of the
factory shall draw up a scheme of shifts
where-under the periods during
which any relay of the group may be
required to work and the relay
which will be working at any time of
the day shall be known for any
day.
(8) The State Government may
prescribe forms of the notice
required by sub-section (1)
and the manner in which it shall be
maintained.
(9) In the case of a factory
beginning work after the
commencement of this Act, a
copy of the notice referred to in subsection
(1) shall be sent in duplicate
to the Inspector before the day
on which work is begun in the
factory.
(10) Any proposed change in
the system of work in any factory
which will necessitate a
change in the notice referred to in subsection
(1) shall be notified to the
Inspector in duplicate before the
change is made, and except
with the previous sanction of the
Inspector, no such change
shall be made until one week has elapsed
since the last change.
---------------------------------------------------------------------
1. Subs. by Act 25 of 1954, s.
14, for "55 and 56".
67
62.
Register of adult workers.
62. Register of adult workers.
(1) The manager of every factory
shall maintain a register of
adult workers, to be available to the
Inspector at all times during
working hours, or when any work is being
carried on in the factory,
showing--
(a) the name of each adult worker
in the factory;
(b) the nature of his work;
43
(c) the group, if any, in
which he is included;
(d) where his group works on
shifts, the relay to which he
is allotted;
(e) such other particulars as
may be prescribed:
Provided that, if the
Inspector is of opinion that any muster
roll or register maintained as
part of the routine of a factory gives
in respect of any or all the
workers in the factory the particulars
required under this section,
he may, by order in writing, direct that
such muster roll or register
shall to the corresponding extent be
maintained in place of, and be
treated as, the register of adult
workers in that factory.
1*[(1A) No adult worker shall
be required or allowed to work in
any factory unless his name
and other particulars have been entered in
the register of adult
workers.]
(2) The State Government may
prescribe the form of the register
of adult workers, the manner
in which it shall be maintained and the
period for which it shall be
preserved.
63.
Hours of work to correspond
with notice under section 61 and
registerunder
section 62.
63. Hours of work to
correspond with notice under section 61 and
register under section 62. No
adult worker shall be required or
allowed to work in any factory
otherwise than in accordance with the
notice of periods of work for
adults displayed in the factory and the
entries made before-hand
against his name in the register of adult
workers of the factory.
64.
Power to make exempting rules.
64. Power to make exempting
rules. (1) The State Government may
make rules defining the
persons who hold positions of supervision or
management or are employed in
a confidential position in a factory
2*[or empowering the Chief
Inspector to declare any person, other than
a person defined by such
rules, as a person holding position of
supervision or
---------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s.
26 (w.e.f. 26-10-1976).
2. Ins. by s. 27, ibid.
(w.e.f. 26-10-1976).
68
management or employed in a
confidential position in a factory if, in
the opinion of the Chief
Inspector, such person holds such position or
is so employed], and the
provisions of this Chapter, other than the
provisions of clause (b) of
sub-section (1) of section 66 and of the
proviso to that sub-section,
shall not apply to any person so defined
1*[or declared]:
1*[Provided that any person so
defined or declared shall, where
the ordinary rate of wages of
such person 2*[does not exceed the wage
limit specified in sub-section
(6) of section 1 of the Payment of
Wages Act, 1936, as amended
from time to time] be entitled to extra
wages in respect of overtime
work under section 59.]
(2) The State Government may
make rules in respect of adult
workers in factories providing
for the exemption, to such extent and
subject to such conditions as
may be prescribed--
44
(a) of workers engaged on
urgent repairs, from the
provisions of section
51,52,54,55 and 56;
(b) of workers engaged in work
in the nature of preparatory
or complementary work which
must necessarily be carried
on outside the limits laid
down for the general working
of the factory, from the
provisions of sections 51, 54,
55 and 56;
(c) of workers engaged in work
which is necessarily so
intermittent that the
intervals during which they do
not work while on duty
ordinarily amount to more than
the intervals for rest
required by or under section 55,
from the provisions of
sections 51, 54, 55 and 56;
(d) of workers engaged in any
work which for technical
reasons must be carried on
continuously 3*** from the
provisions of sections 51, 52,
54, 55 and 56;
(e) of workers engaged in
making or supplying articles of
prime necessity which must be
made or supplied every
day, from the provisions of
4*[section 51 and section
52];
(f) of workers engaged in a
manufacturing process which
cannot be carried on except
during fixed seasons, from
the provisions of 3*[section
51, section 52 and section
54];
---------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s.
27 (w.e.f. 26-10-1976).
2. Subs. by Act 20 of 1987, s.
21 (w.e.f. 1-12-1987).
3. The word "throughout
the day" omitted by Act 25 of 1954, s. 15.
4. Subs. by Act 94 of 1976, s.
27, for "section 52" (w.e.f. 26-10-
1976).
69
(g) of workers engaged in a
manufacturing process which
cannot be carried on except at
times dependent on the
irregular action of natural
forces, from the provisions
of sections 52 and 55;
(h) of workers engaged in
engine-rooms or boiler-houses or
in attending to power-plant or
transmission machinery,
from the provisions of
1*[section 51 and section 52];
2*[(i) of workers engaged in
the printing of newspapers, who
are held up on account of the
breakdown of machinery,
from the provisions of
sections 51, 54 and 56.
Explanation.--In this clause
the expression "newspapers" has
the meaning assigned to it in
the Press and Registration of
Books Act, 1867 (25 of 1867);
(j) of workers engaged in the
loading or unloading of
railway wagons 3*[or lorries
or trucks,] from the
provisions of section 51, 52,
54, 55 and 56;]
3*[(k) of workers engaged in
any work, which is notified by
the State Government in the
Official Gazette as a work
of national importance, from
the provisions of section
51, section 52, section 54,
section 55 and section 56.]
(3) Rules made under
sub-section (2) providing for any exemption
may also provide for any
consequential exemption from the provisions
of section 61 which the State
Government may deem to be expedient,
subject to such conditions as
it may prescribe.
4*[(4) In making rules under
this section, the State Government
shall not exceed, except in
respect of exemption under clause (a) of
sub-section (2), the following
limits of work inclusive of overtime:-
45
(i) the total number of hours
of work in any day shall not
exceed ten;
[B
(ii) the spreadover, inclusive
of intervals for rest, shall
not exceed twelve hours in any
one day:
Provided that the State
Government may, in respect of any or all
of the categories of workers
referred to in clause (d) of sub-section
---------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s.
27, for "section 52" (w.e.f. 26-10-
1976).
2. Added by Act 25 of 1954, s.
15.
3. Ins. by Act 94 of 1976, s.
27 (w.e.f. 26-10-1976).
4. Subs. by Act 25 of 1954, s.
15, for sub-section (4).
70
(2), make rules prescribing
the circumstances in which, and the
conditions subject to which,
the restrictions imposed by clause (i)
and clause (ii) shall not
apply in order to enable a shift worker to
work the whole or part of a
subsequent shift in the absence of a
worker who has failed to
report for duty;
1*[(iii) the total number of
hours of work in a week,
including overtime, shall not
exceed sixty;]
2*[(iv) the total number of
hours of overtime shall not
exceed fifty for any one
quarter.
Explanation.--"Quarter"
means a period of three consecutive
months beginning on the 1st of
January, the 1st of April the
1st of July or the 1st of
October.]
(5) Rules made under this
section shall remain in force for not
more than 3*[five years].
65.
Power to make exempting
orders.
65. Power to make exempting
orders. (1) Where the State
Government is satisfied that,
owing to the nature of the work carried
on or to other circumstances,
it is unreasonable to require that the
periods of work of any adult
workers in any factory or class or
description of factories
should be fixed beforehand, it may, by
written order, relax or modify
the provisions of section 61 in respect
of such workers therein, to
such extent and in such manner as it may
think fit, and subject to such
conditions as it may deem expedient to
ensure control over periods of
work.
(2) The State Government or,
subject to the control of the State
Government, the Chief
Inspector, may by written order exempt, on such
conditions as it or he may
deem expedient, any or all of the adult
workers in any factory or
group or class or description of factories
from any or all of the
provisions of sections 51, 52, 54 and 56 on the
ground that the exemption is
required to enable the factory or
factories to deal with an
exceptional press of work.
4*[(3) Any exemption granted
under sub-section (2) shall be
subject to the following
conditions, namely:--
(i) the total number of hours
of work in any day shall not
exceed twelve;
---------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s.
27 (w.e.f. 26-10-1976).
2. Cl. (iii) renumbered as cl.
(iv) by s. 27, ibid. (w.e.f. 26-10-
1976).
3. Subs. by s. 27, ibid., for
"three years" (w.e.f. 26-10-1976).
4. Subs. by s. 28, ibid, for
sub-section (3) (w.e.f. 26-10-1976).
70A
46
(ii) the spreadover, inclusive
of intervals for rest, shall
not exceed thirteen hours in
any one day;
(iii)the total number of hours
of work in any week,
including overtime, shall not
exceed sixty;
(iv) no worker shall be
allowed to work overtime, for more
than seven days at a stretch
and the total number of
hours of overtime work in any
quarter shall not exceed
seventy-five.
Explanation.--In this
sub-section "quarter" has the same meaning
as in sub-section (4) of
section 64.]
1* * * * *
66.
Further restrictions on
employment of women.
66. Further restrictions on
employment of women. (1) The
provisions of this Chapter
shall, in their application to women in
factories, be supplemented by
the following further restrictions,
namely:--
(a) no exemption from the
provisions of section 54 may be
granted in respect of any
woman;
(b) no woman shall be 2*[required
or allowed to work in any
factory] except between the
hours of 6 A.M. and 7 P.M.
Provided that the State
Government may, by notification
in the Official Gazette, in
respect of 2*[any factory
or group or class or
description of factories,] vary
the limits laid down in clause
(b), but so that no such
variation shall authorize the
employment of any woman
between the hours of 10 P.M.
and 5 A.M.;
3*[(c) there shall be no
change of shifts except after a
weekly holiday or any other
holiday.]
(2) The State Government may
make rules providing for the
exemption from the
restrictions set out in sub-section (1), to such
extent and subject to such
conditions as it may prescribe, of women
working in fish-curing or
fish-canning factories, where the employment
of women beyond the hours
specified in the said restrictions is
necessary to prevent damage
to, or deterioration in, any raw material.
(3) The rules made under
sub-section (2) shall remain in force
for not more than three years
at a time.
---------------------------------------------------------------------
1. Sub-section (4) omitted by
Act 94 of 1976, s. 28 (w.e.f. 26-10-
1976).
2. Subs. by s. 29, ibid., for
certain words (w.e.f. 26-10-1976).
3. Ins. by Act 25 of 1954, s.
17.
70B
CHAPTER VII
EMPLOYMENT OF YOUNG PERSONS
67.
47
Prohibition of employment of
young children.
67. Prohibition of employment
of young children. No child who has
not completed his fourteenth
year shall be required or allowed to work
in any factory.
68.
Non-adult workers to carry
tokens.
68. Non-adult workers to carry
tokens. A child who has completed
his fourteenth year or an
adolescent shall not be required or allowed
to work in any factory
unless--
(a) a certificate of fitness
granted with reference to him
under section 69 is in the
custody of the manager of
the factory, and
(b) such child or adolescent
carries while he is at work a
token giving a reference to
such certificate.
69.
Certificates of fitness.
69. Certificates of fitness.
(1) A certifying surgeon shall, on
the application of any young
person or his parent or guardian
accompanied by a document
signed by the manager of a factory that such
person will be employed
therein if certified to be fit for work in a
factory, or on the application
of the manager of the factory in which
any young person wishes to
work, examine such person and ascertain his
fitness for work in a factory.
71
(2) The certifying surgeon,
after examination, may grant to such
young person, in the
prescribed form, or may renew--
(a) a certificate of fitness
to work in a factory as a
child, if he is satisfied that
the young person has
completed his fourteenth year,
that he has attained the
prescribed physical standards
and that he is fit for
such work;
(b) a certificate of fitness
to work in a factory as an
adult, if he is satisfied that
the young person has
completed his fifteenth year,
and is fit for a full
day's work in a factory:
Provided that unless the
certifying surgeon has personal
knowledge of the place where
the young person proposes to work and of
the manufacturing process in
which he will be employed, he shall not
grant or renew a certificate
under this sub-section until he has
examined such place.
(3) A certificate of fitness
granted or renewed under sub-section
(2)--
(a) shall be valid only for a
period of twelve months from
the date thereof;
(b) may be made subject to
conditions in regard to the
nature of the work in which
the young person may be
employed, or requiring
re-examination of the young
person before the expiry of
the period of twelve
months.
48
(4) A certifying surgeon shall
revoke any certificate granted or
renewed under sub-section (2)
if in his opinion the holder of it is no
longer fit to work in the
capacity stated therein in a factory.
(5) Where a certifying surgeon
refuses to grant or renew a
certificate or a certificate
of the kind requested or revokes a
certificate, he shall, if so
requested by any person who could have
applied for the certificate or
the renewal thereof, state his reasons
in writing for so doing.
(6) Where a certificate under
this section with reference to any
young person is granted or
renewed subject to such conditions as are
referred to in clause (b) of
sub-section (3), the young person shall
not be required or allowed to
work in any factory except in accordance
with those conditions.
(7) Any fee payable for a
certificate under this section shall be
paid by the occupier and shall
not be recoverable from the young
person, his parents or
guardian.
72
70.
Effect of certificate of
fitness granted to adolescent.
70. Effect of certificate of
fitness granted to adolescent. (1)
An adolescent who has been
granted a certificate of fitness to work in
a factory as an adult under
clause (b) of sub-section (2) of section
69, and who while at work in a
factory carries a token giving
reference to the certificate,
shall be deemed to be an adult for all
the purposes of Chapters VI
and VIII:
1* * * * *
1*[(1A) No female adolescent
or a male adolescent who has not
attained the age of seventeen
years but who has been granted a
certificate of fitness to work
in a factory as an adult, shall be
required or allowed to work in
any factory except between 6 A.M. and 7
P.M:
Provided that the State
Government may, by notification in the
Official Gazette, in respect
of any factory or group or class or
description of factories,--
(i) vary the limits laid down
in this subsection
so, however, that no such
section shall
authorise the employment of
any female adolescent
between 10 P.M. and 5 A.M.;
(ii) grant exemption from the
provisions of
this sub-section in case of
serious emergency
where national interest is
involved.]
(2) An adolescent who has not
been granted a certificate of
fitness to work in a factory
as an adult under the aforesaid clause
(b) shall, notwithstanding his
age, be deemed to be a child for all
the purposes of this Act.
71.
Working hours for children.
71. Working hours for
children. (1) No child shall be employed or
permitted to work, in any
factory--
(a) for more than four and a
half hours in any day;
2*[(b) during the night.
49
Explanation.--For the purpose
of this sub-section "night" shall
mean a period of at least
twelve consecutive hours which shall include
the interval between 10 P.M.
and 6 A.M.]
(2) The period of work of all
children employed in a factory
shall be limited to two shifts
which shall not overlap or spread over
more than five hours each; and
each child shall be employed in only
one of the relays which shall
not, except with the previous permission
in writing of the Chief
Inspector, be changed more frequently than
once in a period of thirty
days.
(3) The provisions of section 52
shall apply also to child
workers and no exemption from
the provisions of that section may be
granted in respect of any
child.
(4) No child shall be required
or allowed to work in any factory
on any day on which he has
already been working in another factory.
3*[(5) No female child shall
be required or allowed to work in
any factory except between 8
A.M. and 7 P.M.]
---------------------------------------------------------------------
1. Omitted and ins. by Act 20
of 1987, s. 22 (w.e.f. 1.12.87).
2. Subs. by Act 25 of 1954 s.
19.
3. Ins. by Act 20 of 1987 s.
23 (w.e.f. 1.12.1987).
73
72.
Notice of periods of work for
children.
72. Notice of periods of work
for children. (1) There shall be
displayed and correctly
maintained in every factory in which children
are employed, in accordance
with the provisions of sub-section (2) of
section 108 a notice of
periods of work for children, showing clearly
for every day the periods
during which children may be required or
allowed to work.
(2) The periods shown in the
notice required by sub-section (1)
shall be fixed beforehand in
accordance with the method laid down for
adult workers in section 61,
and shall be such that children working
for those periods would not be
working in contravention of any of the
provisions of section 71.
(3) The provisions of
sub-sections (8), (9) and (10) of section
61 shall apply also to the
notice required by sub-section (1) of this
section.
73.
Register of child workers.
73. Register of child workers.
(1) The manager of every factory
in which children are employed
shall maintain a register of child
workers, to be available to
the Inspector at all times during working
hours or when any work is
being carried on in a factory, showing-
(a) the name of each child worker
in the factory,
(b) the nature of his work,
(c) the group, if any, in
which he is included,
(d) where his group works on
shifts, the relay to which he
is allotted, and
(e) the number of his
certificate of fitness granted under
section 69.
50
1*[(1A) No child worker shall
be required or allowed to work in
any factory unless his name
and other particulars have been entered in
the register of child
workers.]
(2) The State Government may
prescribe the form of the register
of child workers, the manner
in which it shall be maintained and the
period for which it shall be
preserved.
74.
Hours of work to correspond
with notice under section 72 and
registerunder
section 73.
74. Hours of work to
correspond with notice under section 72 and
register under section 73. No
child shall be employed in any factory
otherwise than in accordance
with the notice of periods of work for
children displayed in the
factory and the entries made beforehand
against his name in the
register of child workers of the factory.
---------------------------------------------------------------------
1. Ins. by Act 94 of 1976, s.
30 (w.e.f. 26-10-1976).
74
75.
Power to require medical
examination.
75. Power to require medical
examination. Where an Inspector is
of opinion--
(a) that any person working in
a factory without a
certificate of fitness is a
young person, or
(b) that a young person
working in a factory with a
certificate of fitness is no
longer fit to work in the
capacity stated therein,--
he may serve on the manager of
the factory a notice requiring that
such person or young person,
as the case may be, shall be examined by
a certifying surgeon, and such
person or young person shall not, if
the Inspector so directs, be
employed, or permitted to work, in any
factory until he has been so
examined and has been granted a
certificate of fitness or a
fresh certificate of fitness, as the case
may be, under section 69, or
has been certified by the certifying
surgeon examining him not to
be a young person.
76.
Power to make rules.
76. Power to make rules. The
State Government may make rules-
(a) prescribing the forms of
certificates of fitness to be
granted under section 69,
providing for the grant of
duplicates in the event of
loss of the original
certificates, and fixing the
fees which may be charged
for such certificates and
renewals thereof and such
duplicates;
(b) prescribing the physical
standards to be attained by
children and adolescents
working in factories;
(c) regulating the procedure
of certifying surgeons under
this Chapter;
51
(d) specifying other duties
which certifying surgeons may
be required to perform in
connection with the
employment of young persons
factories, and fixing the
fees which may be charged for
such duties and the
persons by whom they shall be
payable.
77.
Certain other provisions of
law not barred.
77. Certain other provisions
of law not barred. The provisions of
this Chapter shall be in
addition to, and not in derogation of, the
provisions of the Employment
of Children Act, 1938. (26 of 1938).
1*[CHAPTER VIII
ANNUAL LEAVE WITH WAGES
78.
Application of Chapter.
78. Application of Chapter.
(1) The provisions of this Chapter
shall not operate to the
prejudice of any right to which a worker may
be entitled under any
---------------------------------------------------------------------
1. Subs. by Act 25 of 1954, s.
20, for the former Ch. VIII.
75
other law or under the terms
of any award, 1*[agreement (including
settlement)] or contract of
service:
2*[Provided that if such
award, agreement (including settlement)
or contract of service
provides for a longer annual leave with wages
than provided in this Chapter,
the quantum of leave, which the worker
shall be entitled to, shall be
in accordance with such award,
agreement or contract of
service, but in relation to matters not
provided for in such award,
agreement or contract of service or
matters which are provided for
less favourably therein, the provisions
of sections 79 to 82, so far
as may be, shall apply.]
(2) The provisions of this
Chapter shall not apply to workers
3*[in any factory] of any
railway administered by the Government, who
are governed by leave rules
approved by the Central Government.
79.
Annual leave with wages.
79. Annual leave with wages.
(1) Every worker who has worked for
a period of 240 days or more
in a factory during a calendar year shall
be allowed during the
subsequent calendar year, leave with wages for a
number of days calculated at
the rate of--
(i) if an adult, one day for
every twenty days of work
performed by him during the
previous calendar year;
(ii) if a child, one day for
every fifteen days of work
performed by him during the
previous calendar year.
52
Explanation 1.--For the
purpose of this sub-section-
(a) any days of lay off, by
agreement or contract or as
permissible under the standing
orders;
(b) in the case of a female
worker, maternity leave for any
number of days not exceeding
twelve weeks; and
(c) the leave earned in the
year prior to that in which the
leave is enjoyed;
shall be deemed to be days on
which the worker has worked in a factory
for the purpose of computation
of the period of 240 days or more, but
he shall not earn leave for
these days.
Explanation 2.--The leave
admissible under this sub-section shall
be exclusive of all holidays
whether occurring during or at either end
of the period of leave.
--------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s.
31, for "agreement" (w.e.f. 26-10-
1976).
2. Subs. by s. 31, ibid., for
the proviso (w.e.f. 26-10-1976).
3. Subs. by s. 31, ibid., for
"in any workshop" (w.e.f. 26-10-1976).
76
(2) A worker whose service
commences otherwise than on the first
day of January shall be
entitled to leave with wages at the rate laid
down in clause (i) or, as the
case may be, clause (ii) of sub-section
(1) if he has worked for
two-thirds of the total number of days in the
remainder of the calendar
year.
1*[(3) If a worker is
discharged or dismissed from service or
quits his employment or is
superannuated or dies while in service,
during the course of the
calendar year, he or his heir or nominee, as
the case may be, shall be
entitled to wages in lieu of the quantum of
leave to which he was entitled
immediately before his discharge,
dismissal, quitting of
employment, superannuation or death calculated
at the rates specified in
sub-section (1), even if he had not worked
for the entire period
specified in sub-section (1) or sub-section (2)
making him eligible to avail
of such leave, and such payment shall be
made--
(i) where the worker is
discharged or dismissed or quits
employment, before the expiry
of the second working day
from the date of such
discharge, dismissal or quitting;
and
(ii) where the worker is
superannuated or dies while in
service, before the expiry of
two months from the date
of such superannuation or
death.]
(4) In calculating leave under
this section, fraction of leave of
half a day or more shall be
treated as one full day's leave, and
fraction of less than half a
day shall be omitted.
(5) If a worker does not in
any one calendar year take the whole
of the leave allowed to him
under sub-section (1) or sub-section (2),
as the case may be, any leave
not taken by him shall be added to the
leave to be allowed to him in
the succeeding calendar year:
Provided that the total number
of days of leave that may be
carried forward to a
succeeding year shall not exceed thirty in the
case of an adult or forty in
the case of a child:
Provided further that a
worker, who has applied for leave with
wages but has not been given
such leave in accordance with any scheme
laid down in sub-sections (8)
and (9) 2*[or in contravention of
---------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s.
32, for sub-section (3) (w.e.f. 26-
10-1976).
2. Ins. by s. 32, ibid.
(w.e.f. 26-10-1976).
53
77
sub-section (10)] shall be
entitled to carry forward the 1*[leave
refused] without any limit.
(6) A worker may at any time
apply in writing to the manager of a
factory not less than fifteen
days before the date on which he wishes
his leave to begin, to take
all the leave or any portion thereof
allowable to him during the calendar
year:
Provided that the application
shall be made not less than thirty
days before the date on which
the worker wishes his leave to begin, if
he is employed in a public
utility service as defined in clause (n) of
section 2 of the Industrial
Disputes Act, 1947: (14 of 1947.)
Provided further that the
number of times in which leave may be
taken during any year shall
not exceed three.
(7) If a worker wants to avail
himself of the leave with wages
due to him to cover a period
of illness, he shall be granted such
leave even if the application
for leave is not made within the time
specified in sub-section (6);
and in such a case wages as admissible
under section 81 shall be paid
not later than fifteen days, or in the
case of a public utility
service not later than thirty days from the
date of the application for
leave.
(8) For the purpose of
ensuring the continuity of work, the
occupier or manager of the
factory, in agreement with the Works
Committee of the factory
constituted under section 3 of the Industrial
Disputes Act, 1947 (14 of
1947), or a similar Committee constituted
under any other Act or if
there is no such Works Committee or a
similar Committee in the
factory, in agreement with the
representatives of the workers
therein chosen in the prescribed
manner, may lodge with the
Chief Inspector a scheme in writing whereby
the grant of leave allowable
under this section may be regulated.
(9) A scheme lodged under
sub-section (8) shall be displayed at
some conspicuous and
convenient places in the factory and shall be in
force for a period of twelve
months from the date on which it comes
into force, and may thereafter
be renewed with or without modification
for a further period of twelve
months at a time, by the manager in
agreement with the Works
Committee or a similar Committee, or as the
case may be, in agreement with
the representatives of the workers as
specified in sub-section (8),
and a notice of renewal shall be sent to
the Chief Inspector before it
is renewed.
---------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s.
32, for "unavailed leave" (w.e.f. 26-
10-1976).
78
(10) An application for leave
which does not contravene the
provisions of sub-section (6)
shall not be refused, unless refusal is
in accordance with the scheme
for the time being in operation under
sub-sections (8) and (9).
(11) If the employment of a
worker who is entitled to leave under
sub-section (1) or sub-section
(2), as the case may be, is terminated
by the occupier before he has
taken the entire leave to which he is
entitled, or if having applied
for and having not been granted such
leave, the worker quits his
employment before he has taken the leave,
the occupier of the factory
shall pay him the amount payable under
section 80 in respect of the
leave not taken, and such payment shall
be made, where the employment
of the worker is terminated by the
occupier, before the expiry of
the second working day after such
termination, and where a
worker who quits his employment, on or before
the next pay day.
(12) The unavailed leave of a
worker shall not be taken into
consideration in computing the
period of any notice required to be
given before discharge or dismissal.
54
80.
Wages during leave period.
80. Wages during leave period.
(1) For the leave allowed to him
under 1*[section 78 or section
79, as the case may be,] a worker
2*[shall be entitled to wages]
at a rate equal to the daily average of
his total full time earnings
for the days on which 3*[he actually
worked] during the month
immediately preceding his leave, exclusive of
any overtime and bonus but
inclusive of dearness allowance and the
cash equivalent of the
advantage accruing through the concessional
sale to the worker of
foodgrains and other articles.
3*[Provided that in the case
of a worker who has not worked on
any day during the calendar
month immediately preceding his leave, he
shall be paid at a rate equal
to the daily average of his total full
time earnings for the days on
which he actually worked during the last
calendar month preceding his
leave, in which he actually worked,
exclusive of any overtime and
bonus but inclusive of dearness
allowance and the cash
equivalent of the advantage accruing through
the concessional sale to the
workers of foodgrains and other
articles.]
(2) The cash equivalent of the
advantage accruing through the
concessional sale to the
worker of foodgrains and other articles shall
be computed as often as may be
prescribed, on the basis of the maximum
quantity of foodgrains and
other articles admissible to a standard
family.
Explanation 1.--"Standard
family" means a family consisting of a
worker, his or her spouse and
two children below the age of fourteen
years requiring in all three
adult consumption units.
Explanation 2.--"Adult
consumption unit" means the consumption
unit of a male above the age
of fourteen years; and the consumption
unit of a female above the age
of fourteen years and that
---------------------------------------------------------------------
1. Subs. by Act 94 of 1976, s.
33, for "section 79" (w.e.f. 26-10-
1976).
2. Subs. & Ins. by Act 20
of 1987, s. 24 (w.e.f. 1-12-87).
3. Subs. by Act 94 of 19 s.
33, for "he worked" (w.e.f. 26-10-1976).
79
of a child below the age of
fourteen years shall be calculated at the
rates of .8 and .6
respectively of one adult consumption unit.
(3) The State Government may
make rules prescribing--
(a) the manner in which the
cash equivalent of the
advantage accruing through the
concessional sale to a
worker of foodgrains and other
articles shall be
computed; and
(b) the registers that shall
be maintained in a factory for
the purpose of securing
compliance with the provisions
of this section.
81.
Payment in advance in certain
cases.
81. Payment in advance in
certain cases. A worker who has been
allowed leave for not less
than four days, in the case of an adult,
and five days, in the case of
a child shall, before his leave begins,
be paid the wages due for the
period of the leave allowed.
82.
55
Mode of recovery of unpaid
wages.
82. Mode of recovery of unpaid
wages. Any sum required to be paid
by an employer, under this
Chapter but not paid by him shall be
recoverable as delayed wages
under the provisions of the Payment of
Wages Act 1936 (4 of 1936),
83.
Power to make rules.
83. Power to make rules. The
State Government may make rules
directing managers of
factories to keep registers containing such
particulars as may be
prescribed and requiring the registers to be
made available for examination
by Inspectors.
84.
Power to exempt factories.
84. Power to exempt factories.
Where the State Government is
satisfied that the leave rules
applicable to workers in a factory
provide benefits which in its
opinion are not less favourable than
those for which this Chapter
makes provision it may, by written order,
exempt the factory from all or
any of the provisions of this Chapter
subject to such conditions as
may be specified in the order.
1*[Explanation.--For the
purposes of this section, in deciding
whether the benefits which are
provided for by any leave rules are
less favourable than those for
which this Chapter makes provision, or
not, the totality of the
benefits shall be taken into account.]
