NORTH-WEST FRONTIER PROVINCE FACTORIES RULES, 1975

[N. W. F. P Govt. Gaz. Extr. Aug. 5, 1975, p. 108.]

[No. SO‑II (Lab.) 42/74/665-‑8^th^ July, 1975‑ Rules made by the Government of North‑West Frontier Province in exercise of the powers conferred by sections 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24‑A, 25, 26, 31, 33, 33‑G, 33‑J, 33‑K, 33‑N, 33‑P 33‑Q, 35‑A, 39, 41, 43, 47, 48, 49‑F, 52, 55, 56, 76 and 77 of the Factories Act, 1934, after previous publi cation under Labour Department Notification No. SOL‑V‑252/74/400 of 15^th^ June 19741.

PRELIMINARY

1. Short title, extent and commencement.‑--(1) These rules may be called the North West Frontier Province Factories Rules, 1975.

(2) They shall extend to the whole of the North‑West Frontier Province.

(3) They shall come into force at once.

2. Definitions.‑---- In these rules unless the context otherwise requires the following expressions shall have the meanings hereby respectively assigned to them, that is to say‑

(a) the ‑Act" means the Factories Act, 1934;

(b) ‑Additional Inspector" means an Inspector appointed under sub‑section (5) of section 10 ;

(c) ‑Appendix" means an appendix to these rules

(d) ‑Artificial humidification" means the introduction of moisture into a room by any artificial means whatsoever except the use of gas or oil for lighting purpose or the unavoidable escape of steam or water vapour into the atmosphere directly due to the treatment of fibre or fabric by water or steam in its passage through a machine;

Provided that the introduction of air directly from outside through moisten mats or screens placed outside open window and ventilation openings at times when the temperature of the room is 80 degree or more shall not be deemed to be artificial humidification;

(e) ‑Chief Inspector" means the Chief Inspector appointed under sub‑section (2) of section 10;

(f) "Cooling power" means the cooling power of the air in milica lories per square centimeter per second as measured by a kata‑thermometer ;

(g) ‑Degrees of temperature" means degrees on the fahrenheit scale;

(h) ‑Form" means a form appended to these rules;

(i) "Government" means the Government of N. W. F. P.

(j) ‑Hygrometer" means an accurate (combined) wet and dry bulb thermometer conforming to the prescribed conditions as regard construction and maintenance ;

(k) Inspector means an Inspector appointed under sub‑section (1) of section 10.

(l) ‑Inspector authorized in this behalf" means the Chief Ins pector.

(m) Kata‑thermometer" means the instrument invented by Pro fessor Leonard Hill, M. B., F: R. S., and manufactured by John Hicks and Co., Haton Gardens, London for measuring the cooling power of the air ;

(n) ‑Manager" means the person responsible to the occupier for the working and control of the factory and includes the person nominated by the occupier under clause (c) of sub‑section (1) of section 9 ;

(o) ‑Section" means section of the Act ;

(p) Transmission machinery" includes every shaft, wheel, drum or pulley (including any system of the fast and loose pulleys), coupling, clutch, strap, band, belt, chain, ropes, or other device incidental to the transmission of motion between any prime mover and any machine or appliance, or by means of which the machine or appliance received its motion ; and

(q) ‑Within reach" means within six feet of any spot on which any person may have to stand or on which any person may have to pass in the course of his employment.

NOTICE BEFORE COMMENCEMENT OF WORK

(Section 9)

  1. The written notice prescribed under sub‑section (1) of section 9 shall be in Form A .

INSPECTION

(Section 11)

  1. The Chief Inspector shall‑

(i) be primarily responsible for the administration of the Act, within the area for which he is appointed ;

(ii) inspect or shall make arrangements for duly authorized effacers subordinate to him to inspect every factory other then a seasonal factory within the area for which he is appointed at least once a year and every seasonal factory within such area at least once during each season of work, unless in any case good reasons to the contrary exist and arc recorded by him;

(iii) arrange for such further inspection as may appear to be neces sary to him or to the authority to whom he is subordinate for ensuring that the provisions of the Act and of these rules are duly observed.

  1. The Inspector at each inspection shall enquire into all accidents which may have taken place since the last inspection ascertain where the responsibility for their occurrence rests, and pass such order or recommendation as may appear to him necessary for the prevention of such accidents.

  2. (1) Where an inspection is made by the District Magistrate, he shall send a copy of his report to the Chief Inspector for such action as the later may consider necessary.

(2) Where an inspection is made by an Additional Inspector exer cising all or any of the powers of an inspector, he shall submit his report to the Chief Inspector for such action as the later may consider necessary.

(3) The District Magistrate or the Additional Inspector as the case may be shall not communicate his report direct to the factory concerned.

  1. (1) The Chief Inspector shall maintain a register in Form 'B'.

(2) On receiving a notice under sub‑section (1) of section 9, the Chief Inspector shall unless it appears to him that the premises do not constitute a factory enter the particulars of the factory in respect of which the notice is received, in the register to be maintained under sub‑rule 11).

(3) If the Chief Inspector is satisfied, whether on receipt of a notice from the occupier of the premises or otherwise that any premises within the area. of his jurisdiction have ceased to be used as a factory he shall remove the entry relating thereto from the register maintained under sub‑rule (1).

  1. The Manager shall maintain a bound Inspection Book in Form C and shall produce it before the Inspector or the Certifying Surgeon, when so required by the Inspector or the Certifying Surgeon, as the case may be.

  2. The dispatch through the post, under registered cover of any notice, order or extract of an Inspector's report sent under the Act, or udder‑ these rules shall be deemed sufficient service on the occupier or Manager of the factory of such notice or order or of any direction con tained in such extract.

  3. On being satisfied that any premises constitutes a factory, the Chief Inspector shall enter the particulars of the same in the register to be maintained under sub‑rule (1) of rule 7 even if, no notice has been received by him under sub‑section (1) of section 9.

CERTIFYING SURGEONS AND PERSONS AUTHORIZED TO EXERCISE THE FUNCTIONS OF A CERTIFYING SURGEON

(Sections 12, .52 and 59)

  1. (1) A Certifying Surgeon or a practitioner authorized under section 12 to exercise the powers of a Certifying Surgeon after charging a fee of rupees two per person shall‑

(i) examine any child or adolescent desirous of being employed in a factory;

(ii) examine any child or person in respect of whom a notice has been served upon the Manager and who is desirous of being re‑employed;

(iii) on the request of an Inspector, examine any person produced before him;

and issue a certificate regarding the age and the fitness or otherwise of such child, adolescent or other person to work in a factory.

(2) The Certifying Surgeon or practitioner authorized as aforesaid shall fix such place and time as he may deem convenient for the attendance of persons desiring to obtain certificates of age and physical fitness, and shall give notice of such place and time to the Managers of factories for which he is appointed.

  1. (1) Every Certifying Surgeon shall keep a bound book containing certificates numbered consecutively and printed on ledger paper in Form 'D' in foil and counterfoil.

(2) Every certificate granted under sub‑section (2) of section 52 to a person desirous of being employed in a factory shall be prepared by filling up the foil and counterfoil which shall also bear the signature or the left=thumb marks of the person in respect of whom the certificate is granted.

(3) The Certifying Surgeon, shall, if he is satisfied that the entries made therein are correct, sign the foil and initial the counterfoil and shall deliver the foil to the person in whose name the certificate is gran ted. The foil so delivered shall be the certificate of fitness referred to in sub‑section (2) of section 52.

(4) A Certifying Surgeon revoking certificate under sub‑section (3) of section 52 shall cause the word "revoked" to be stamped in red ink on the foil and counterfoil of such certificate.

(5) If the Certifying Surgeon refuses to grant any person a certificate under this rule, no fresh application for a certificate shall be made on behalf of such person until a period of three months has elapsed froth the date of such refusal, unless the Certifying Surgeon, while refusing to grant the certificate, gives permission in writing for an application to be made at an earlier date.

  1. Every practitioner authorized under sub‑section (2) of section 12 to exercise provisionally the powers of a Certifying Surgeon shall grant certificate in the manner provided in rule 12 and the word "provisional" shall be printed or stamped in red ink at the top of each foil and counter foil of such certificates.

14, (1) Where a certificate granted tinder sub‑section (2) of section 52 is lost, the person to whom it was granted may apply to the Certifying Surgeon for a copy of the certificate and the Certifying Surgeon, after making such enquiry from the employer or if he is unemployed from the last employer of such person and from such other sources as he deems fit, may grant a duplicate thereof to such person. The word duplicate" shall be clearly written in red ink across such certificate and initialled by the Certifying Surgeon. The counterfoil in the bound book of forms shall be similarly marked "Duplicate" and initialled.

(2) For every copy of a certificate granted under sub‑rule (1) a fee of twenty‑five paisa, which shall be credited to Government shall be charged. The Certifying Surgeon shall maintain a register in Form V of all fees paid for the issue of copies of certificates and shall initial each entry made therein.

(3) No duplicate of a certificate granted under section 52 shall be granted to any person otherwise than in accordance with the provisions of this rule.

  1. (1) The Certifying Surgeon shall ordinarily visit every factory within the local limits for which he is appointed in which children or adolescents are known to be employed, at least once in three months and shall give previous notice of his visit to the Manager of the factory proposed to be visited. At each of these visits the Manager shall produce before him at such time as the Certifying Surgeon may fix, all children or adolescents employed in the factory, whether actually at work or not.

(2) The Certifying Surgeon shall personally examine every child or adolescent who is in possession of a "Provisional" certificate granted under sub‑section (2) of section 12, and shall, if he is satisfied that a certificate should be granted, countersign the certificate 'and cross out the word ‑Provisional".

(3) If, on such examination, the Certifying Surgeon is of opinion that the person in possession of a ‑Provisional" certificate granted under sub‑section (2) of section 12 is under the age of twelve years or is not fit for employment in a factory, he shall impound the certificate and write on it the word Cancelled" over his signature. He shall then forward the certificate, with such remarks as he considers necessary, to the Chief Inspector and shall also inform the person who issued the certificate that is has been cancelled.

  1. The Certifying Surgeon at, his periodical visit shall satisfy himself as to the fitness of the children and adolescents employed in the factory and shall revoke the certificates of any whom he considers unfit.

  2. The token giving a reference to the certificate granted to a child or adolescent under section 52 which is required to be carried under clause (b) of section 51 shall show the number of the worker in the Register of Child Workers or Adult Workers, as the case may be.

HEALTH AND SAFETY

(Sections 13 and 14)

  1. In every factory a register in Form V shall, be maintained for entering into it the dates on which lime washing, painting or varnishing is carried out.

  2. No rubbish, filth or debris shall be allowed to accumulate 'or to remain in any part of a factory in such opposition that effluvia there from oan arise within the factory. .

  3. In every factory all drains carrying waste or sullage water shall be constructed in masonry or other impermeable material and shall be regularly flushed at least once a day and where possible connected . with some recognized drainage line.

  4. The floor of the room and the compound surrounding every factory shall be maintained in a strictly sanitary a d clean condition.

  5. Proper arrangements shall be made for maintaining in a reasonably clean and drained condition all washing and bathing plays within a factory, the places where drinking water is distributed to the operatives of the factory and the area around such places.

VENTILATION, TEMPERATURE, DUST AND FUMES

AND ARTIFICIAL HUMIDIFICATION

(Sections 15, 16 & 17)

  1. In every room of a factory ventilating opening shall be provided in the proportion of five square feet for each person required or permitted to work in such room and the openings shall be such as to admit a continuous supply of fresh air:

Provided that the Chief Inspector may, in respect of any factory or any room in a factory, for reasons to be recorded in writing, relax the requirements of this rule where in his opinion, the same may be permitted without hazard to the health of the persons employed in such factory or working in such room.

  1. In every factory where injurious, poisonous or asphyxiating gases, dust, or other impurities are used for or are evolved from any process carried on in such factory, all practicable measures to the satisfaction of Inspector shall be taken to protect the workers against the inhalation of such gases, dust or other impurities.

  2. In every room in a cotton mill where slasher sizing is carried on efficient arrangements for the removal of the steams given off in the process of drying the yarn shall be fitted and slasher sizing shall not be carried on in, any room where any other process of manufacture is being perforated.

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

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

(b) at any time when the wet bulb reading of the hygrometer in that room is higher than that specified in the following Schedule in relation to the dry bulb reading of the hygrometer at that time, or as regards a dry bulb reading intermediate between any two dry 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 of the two dry bulb readings.

SCHEDULE

|------|------|-------|------|-------|------|-------|------| | Dry | Wet | Dry | Wet | Dry | Wet | Dry | Wet | | bulb | bulb | bulb | bulb | bulb | bulb | bulb | bulb | | 60.0 | 58.0 | 75.0 | 73.0 | 90.0 | 84.5 | 105.0 | 91.0 | | 61.0 | 59.0 | 76.0 | 74.0 | 91.0 | 85.0 | 106.0 | 91.0 | | 62.0 | 60.0 | 77.0. | 75.0 | 92.0 | 85.5 | 107.0 | 91.5 | | 63.0 | 61.0 | 78.0. | 76.6 | 93.0 | 86.0 | 108.0 | 91.5 | | 64.0 | 62.0 | 79.0 | 77.0 | 94:0 | 86.5 | 109.0 | 92.0 | | 65.0 | 63.0 | 80.0 | 78.0 | 85.0 | 87.0 | 110.0 | 91.0 | | 66 0 | 64 0 | 81.0 | 79.0 | 96.0 | 87.5 | 111.0 | 92.5 | | 67.0 | 65.0 | 82.0 | 80.0 | 97.0 | 88.0 | 112.0 | 92.5 | | 68.0 | 66.0 | 83.0 | 80.5 | 98.0 | 88.5 | 113.0 | 93.0 | | 69.0 | 67.0 | 84.0 | 81.0 | 99.0 | 89.0 | 114.0 | 93.0 | | 70.0 | 68.0 | 85.0 | 82.0 | 100.0 | 89.5 | 115.0 | 93.5 | | 71.0 | 69.0 | 86.0 | 82.5 | 101.0 | 90.0 | 116.0 | 93.5 | | 72.0 | 70.0 | 87.0 | 83.0 | 102.0 | 90.0 | 117.0 | 94.0 | | 73.0 | 71.0 | 83.0 | 83.5 | 103.0 | 90.5 | 118 0 | 94 0 | | 74.0 | 72.0 | 89.0 | 84.0 | 104.0 | 90.5 | 119.0 | 94.5 | | | | | | | | 120.0 | 94.5 |

Provided, however, that this rule shall not apply when‑

(i) the difference between the wet bulb reading as indicated by the hygrometer in the room or department concerned and the wet bulb reading taken within a hygrometer outside the factory in the shade is less than 3‑5 degree; or

(ii) the cooling properties of the air in the room or department as measured by the wet reading of a kata‑thermometer at a height of five feet in all usual working places within the room or Department is greater than eleven milicalories per square centimeter per second.

  1. In all departments of cotton spinning and weaving mills in which artificial humidification is employed hygrometers shall be provided and maintained in such position as may be approved by the Inspector and on the following scales:‑‑

(a) Weaving Department‑Two hygrometers 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 3,00,000 cubic feet capacity and one extra hygrometer for each 2,00,000 cubic feet or part thereof in excess of 3,f0,f00 cubic feet.

(c) One hygrometer shall be provided and maintained outside each cotton :pinning and weaving mill wherein artificial humidification is adopted in a position approved by the Inspector, for taking true shade temperatures.

  1. When the Inspector is satisfied that in any department of a cotton spinning or weaving mill, the limits of humidity allowed by the Schedule to rule 26 have, at no time during the immediately preceding twelve months been exceeded, he may for any such department, if it be not the weaving department, grant exemption in Form `O' from the maintenance of the hygrometer.

  2. A legible copy of the Schedule to rule 26 shall be fixed near each hygrometer.

  3. Correct wet and dry bulb temperatures, as indicated by each hygrometer maintained under the provisions of rule 28, shall be recorded thrice during each working day by competent persons appointed by the Manager and approved by the Inspector. These temperatures shall be taken between 7.00 a.m. and 9.00 a.m., 11.00 a.m. and 2.00 p.m. (but not in the rest interval) and between 4 00 p.m. and 5.30 p.m. In extra‑ordinary circumstances, such additional readings between such hours as the Inspector may specify shall b: recorded. The temperatures shall be recorded on a chart approved by the Inspector and affixed close to the hygrometer and entered in a Humidity Register in Form H . At the end of each month the person taking the reading's shall sign the register and certify the correctness of the entries. The chart and register shall at all times be available for inspection by the Inspector and copies of the entries made therein shall be sent to him whenever he so requires.

  4. The entries made in the, Humidity Register shall be deemed to be prenta facie evidence of the temperatures and humidity of the department to which the entries relate but an Inspector may at any time check the correctness of the readings by personal observations.

  5. The cooling power of the atmosphere in each department shall be measured by taking readings of the wet kata‑thermometer in the close proximity of each hygrometer maintained' in the department and at a height‑of five feet from the floor. Such readings shall be recorded every Tuesday and Friday at the time specified fur taking hygrometer reading and shall be entered in the Humidify Register referred to in rule 30. Mid readings of the k its‑thermometer shall be taken by a competent person appointed by the manager.

  6. (1) Every hygrometer shall comprise of two mercurial or alcohol thermometers similar in construction and equal in dimensions, scale and division of scale. They shall be mounted on a wooden or metallic frame with a suitable receptacle containing water.

(2) The wet bulb shall be closely covered with a single layer of muslin kept wet by means of a cotton or woollen wick attached to it and dipping into the water in the receptacle. The muslin covering the wet bulb and the wick shall be suitable for the purpose, clean and free from greasy substances.

(3) No part of the wet bulb shall be within three and a half inches of the dry bulb or within three inches of the surface of the water in the receptacle, and the water receptacle shall be placed below the wet bulb, on the side away from the dry bulb.

(4) The bulbs shall be spherical and of suitable dimension, and shall subject to the provisions of sub‑rule (2) be freely exposed on all sides to the atmosphere.

(5) The bores of the stem shall be such that the top of the mercury or alcohol column shall be readily distinguishable and correct readings made at a distance of two feet.

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

(7) Every degree from 50 degrees upto 120 degrees shall be clearly marked on the glass stem, each fifth and tenth degree shall be marked opposite each tenth degree i.e. 50, 60. 70, 80, 90. 100, 110, & 120.

(8) The marking shall be accurate to within 0.2 degree at all readings between 50 and 120 degrees.

(9) A distinctive number shall be conspicuously marked upon each hygrometer employed in a department.

(10) The accuracy of each hygrometer shall be certified by the National Manufacturing Laboratory of the country of origin of hygro meter or such other authority as may be approved by the Chief Inspector and such certificate shall be attached to she Humidity Register.

  1. Every hygrometer shall be maintained at all times during the period of employment ill efficient working order so as to yield accurate readings, and‑

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

(b) the receptacle shall be filled with distilled, boiled or pure rain water which shall be renewed once a day;

(c) no water shall be placed in the receptacle or applied directly to the wick or muslin during the period of employment.

  1. If an Inspector gives notice in writing that a hygrometer is not accurate it shall not, after one month from the date of such notice, deemed to be accurate, unless and until it has been re‑examined and a fresh certificate as required by sub‑rule (10) of rule 33 secured in respect thereof, which certificate shall be kept attached to the Humidity Register.

  2. (1) No hygrometer shall be fixed to a wall pillar or other surface unless protected there-from by wood or other non‑conducting material at least half an inch in thickness which shall be separated from the wall, pillar or other surface by an air space at least one inch.

(2) No hygrometer shall .be so fixed as to be in the direct drought from a fan, window or ventilating opening or at such a height that the head of the hygrometer is more than five feet and a half from the floor.

  1. No reading shall be taken for record on any hygrometer within fifteen minutes of the renewal of water in the receptacle.

  2. Where steam pipes are used for the introduction of steam into any room for the purposes of artificial humidification‑

(i) all hangers supporting such pipes shall be separated from the pipes by an efficient insulator not less than half an inch in thickness.

(ii) such pipes shall be as short as is reasonably practicable; and

(iii) the diameter of such pipes shall not exceed one inch; provided that the Chief Inspector may, for reasons to be recorded in writing, permit the use of pipes with a diameter exceeding one inch.

  1. All dusts for the introduction of humidified air, whether actually in use for that purpose or not, shall be kept clean.

OVERCROWDING AND LIGHTING

(Sections 18, 19 & 33‑i)

40, (1) The‑particulars of each room of the factory, in which workers are regularly employed shall be entered in Form '1' which shall be shown to the Inspector, when se required.

(2) As long as any workers are present in a factory the latrines, passages, stairs, hoists, factory ground and other parts of the factory in so far as the entrance of the said places is not closed, shall be lighted in such manner that safety is fully secured in passing through or remaining in the same,

ARTIFICIAL LIGHTING

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

(a) by means of electricity to the satisfaction of the Inspector, one electric lamp of 60 watts per four gins.

(b) the main line shaft alley in ginning factory shall be sufficiently lighted at all times for a worker to carry, on his duties inside it without :he aid of lantern.

(c) adequate measures shall be taken so far as reasonably practicable to prevent the cause of eye strain glare or risk of accident to any person employed.

(d) as far as reasonably practicable arrangements shall be made by suitable screening or placing or other effective methods to prevent discomfort or injury by the reflection of light from smooth or polished surfaces into the eyes of the workers.

DRINKING WATER

(Section 20)

  1. (1) In every factory there shall be provided free of charge for the use of employees of the factory a supply of water fit for drinking at the rate of one gallon per day for every person employed in the factory.

(2) Such supply of water shall be derived from‑

(i) any public water supply ; or

(ii) wells including tube wells, or tanks so situated, constructed and protected as not to be polluted or contaminated with organic or other impurities.

(3) Where drinking water for a factory is obtained from an intermittent public water supply, such factory shall be provided with storage for water at the scale prescribed in sub‑rule (1).

(4) A well for the supply of drinking water to a factory or for the purpose of humidification in a factory---

(i) shall not be constructed or located within fifty feet of any latrine, drain or outer source liable to pollute the water in the well;

(ii) shall be entirely closed and covered;

(iii) shall be fitted with a reliable pump; and

(iv) shall he provided with.; dust and water proof trap door, having an opening not exceeding‑four square feet, and such trapdoors shall be kept locked and only opened for cleaning or inspection.

(5) The water required to be provided under sub‑rule (1) shall be kept in clean and suitable vessels, shall be renewed daily and all practicable steps shall he taken to preserve the water and the vessels in which it is contained from contamination.

(6) The temperature of the drinking water supplied to workmen shall at no time exceed 90 degrees.

(7) The Inspector may, by order in writing, require the manager to obtain reports, at such times or at such intervals as may be specified in the order, regarding the fitness or otherwise for the purposes of drinking of the water supplied to workmen, from the Director of Health Services, N. W. F. P., or from a Health Officer of a local authority provided with the necessary facilities to carry out such tests, and the Manager shall comply with such order and send to the Inspector by registered post copies of such reports within seven days of their receipt by him.

(8) The Inspector may, if he thinks fit, himself take a sample of water from the water provided and supplied to workmen in any factory arid direct the Manager of such factory to obtain a report thereon and the Manager shall thereupon obtain a report on suds sample and supply a copy of such report to the Inspector in the manner provided in sub‑rule (7.).

PROVISION FOR WASHING ACCOMMODATION AND

LATRINES AND URINALS

(Section 21)

  1. Its every factory, the following facilities shall be provided for the washing of workers: ---‑

(a) Where there is a, continuous source of water supply ‑from the public mains, one wash basin for the use of twenty persons and an additional wash basin for every additional twenty persons or any less number shall be provided.

(b) Where there is no continuous source of water supply, stored water shall be provided at a scale of at least .five gallons per worker per day, which would he supplied through wash basin; to be provided on the above scales.

(c) Soap, nail brushes, arid towels shall be provided and kept avail able for workers free of cost at every wash basin and regular arrangement shall be made for replacement of used towels with clean towels daily.

(d) Separate washing accommodation with adequate privacy shall be provided for women workers on the same scale as above.

  1. Except in factories provided with water‑flushed latrines connected, with a water‑borne sewerage system, all latrines shall be provided with receptacles on the dry earth system which shall be cleaned daily and kept in a strictly sanitary condition. The receptacles shall be tarred inside and outside at least once a year.

  2. (1) Every factory shall be provided with urinals and latrines.

(2) The urinals and latrines on non-flush system accommodation shall be on the scale given below: ----

|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | (i) Latrines: Number of Latrines (a) Where the numbs r of 5 persons employed does not exceed 50. (b) Where the number of 5 for the first 50 and 2 addi persons employed exceeds tional seats for every 50 50. persons or any less number in excess of the first fifty |

(3) The latrines and urinals on flush system shall be on the following scales: ---

|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | (i) Latrines Number of Latrines (a) Where the number of 3 persons employed does not exceeds 50. (b) Where the number of 3 for the first fifty and an additional persons exceeds fifty. Seat for every fifty persons or less in excess of the first fifty. (ii) Urinals: Number of Urinals (a) Where the number of 2 persons employed does not exceed 50. (b) Where the number of 3 for the first 50 and 2 addi persons exceeds 50. tional seat for every fifty every 50 persons or in excess of the first fifty. |

(4) The urinals and latrines required to be provided under this rule shall be located in accessible places within the precincts of the factory and each such urinal and latrine shall be separated from an adjoining urinal or latrine by a partition wall not less than six feet in height.

  1. (1) If females are employed, separate latrines screened from those for maked and marked in the vernacular in conspicuous letter For women only" shall be provided on the scale laid down in rule 44 and those for males shall be similarly marked ‑For men only".

(2) A poster showing the figure of a mail and a woman shall also be exhibited at the entrance of latrines for the respective sex.

  1. The walls of the latrines, unless made of corrugated iron, shall be lime washed inside and. outside at least twice a year, the dates of such washing being noted in Form F and the inside walls upto a height of three feet from the floor shall be made of non‑absorbent impermeable material.

  2. In factories employing hundred or more persons arrangements for the disposal of excreta shall where no such arrangement is made by the local sanitary authority, be mule by means of a suitable incinerator approved by the District Medical Officer of Health tar tile Municipal Medical Officer of Health, as the case may be, in whose jurisdiction the factory is situated.

SPITTONS

(Section 22)

  1. In every factory at yeast one spittoon in one room for every twenty workers or below shall be provided at convenient places which most contain quick lime or any dis‑infectant. The spittoons shall be kept clean and hygienic in, all respects.

HYGIENE CARD AND COMPULSORY VACCINATION AND

INOCULATION

(Sections 23 and 23‑A)

  1. (1) Every factory shall provide to every worker Hygiene, Card in Form ‑F‑I' with following. Particular;

(a) Name of worker with parent's name.

(b) Designation.

(c) Card No.

(d) Date of examination whether suffering from disease.

(e) Signature of Doctor.

(f) Signature or thumb‑impression of worker.

(2) The fee for examination under sub‑section (1) of section 23 shall be, rupees two per worker and bill be borne by occupier or Manager of the factory.

(3) Each worker in a factory shall be vaccinated and inoculated as under: --‑

(a) Small‑pox‑‑Every two year

(b) Cholera and typhoid‑Ever, year.

(4) The vaccinations and inoculations shall be arranged by the Manager of the factory.

WELFARE OFFICER'S QUALIFICATIONS, DUTIES AND TERMS

AND CONDITIONS

(Section 24‑A)

  1. (1) The number of Welfare Officers for every one thousand workers shall be one and for every additional five hundred workers one Additional Welfare Officer shall be appointed.

(2) The Welfare Officer shall be‑(i) a Graduate in Economics or Law with Diploma from the NILAT Karachi or Diploma in Labour Laws from any Law College in Pakistan or any other equivalent Diploma; or

(ii) a person who has served in the Labour Department of any Government in Pakistan for at least five years in grad; 16 and above; or

[CI. (iii) added by Noti. SOL‑II/1-3/74/262-64, N.W.F.P. Gaz. Extr. Pt. I. 5 Oct. 1977.] [(iii) A retired Commission Officer of the rank of Major and below.]

(3) The Welfare Officer shall be primarily responsible to see that the benefits granted to workers under various Labour Laws are given.

(4) The following shall be the terms and conditions of the Welfare Officer;

(a) His pay shall not be less than one thousand and five hundred rupees per month.

(b) His age shall not be less than thirty years. .

(c) His services shall root be terminated without prior approval of the Director, Labour, N.W.F.P., and without one month's notice or pay in lieu thereof.

(d) He shall be entitled to gratuity at the rate of twenty days wages for er.ch completed year or part thereof in excess of six months at the date of last pay drawn by him.

(e) Leave of any nature shall be admissible to hips in accordance with the respective provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.

(f) He shall be entitled to benefits and facilities which may be admissible to other employees of the establishment including the benefits admissible under any Labour Law or any settlement to the other employees of the establishment.

PRECAUTIONS AGAINST FIRE (Section 25)

  1. (1) Every factory shall be provided with‑‑

(a) ample supply of water maintained at a sufficient pressure to reach all parts. of the factory building together with the necessary hose‑pipes and hygrants for making effective use of the water drawing the time the factory is in operation; or

(b) buckets and chemical fire extinguishers at the following scale: --‑

(i) Buckets.‑--For floor space up 6,000 square feet. Six buckets for every 1,000 square feet of floor or a part thereof, one additional bucket in excess of the first 6,000 square feet.

The buckets shall be painted red and kept permanently on stands filled with water or sand at the discretion of the Manager.

(ii) Fire Extinguishers.---- Chemical fire extinguishes s of at least two gallons capacity of soda compressed carbon-dioxide type.

For floor space upto 6,000 square feet‑‑‑One extinguisher.

For every 6,000 square feet of floor‑-- One additional Extinguisher for Space in excess of the first 6,000.

(2) Where a factory consists of snore than one storey, each storey shall be provided with at least one chemical fire extinguisher and have Its own supply of buckets at the scale specified in sub‑rule (i).

(3) All apparatus for extinguishing fires shall be kept in good order and shall be periodically examined and tested after every month.

  1. Every building within the precincts of a factory of more than one storey shall tie provided with at least two sets of stairs of steps, one of which shall be on the outside of the buildings so as to afford direct and unimpeded access to the ground level from every part of the factory in case of fire. The stairs or steps shall be permanently fixed and made of non‑combustible materials and shrill be provided with suitable and sufficient hand rails:

provided that where workers are not employed in the second or a higher storey of a factory building an outside stairs‑case will not be necessary.

  1. Notwithstanding anything contained in vide 52, Cotton Ginning Factories shall be provided with at least two flight of stairs made of tricks work or other fire resisting materials situated outside the building.

  2. In every factory a mechanically/electrically operated fire alarm shall be fixed and where this is not possible a fire bell shall be provided to give alarm in case of fire.

FENCING (sections 26, 31 and 33)

  1. The following parts of transmission machinery shall be securely fenced if in motion and within reach of workers: ‑‑‑

(i) All shafts, couplings, collars, clutches, toothed wheels, pulley driving straps, chains and ropes, except such as are in the opinion of the Inspector by construction or position equally safe to every person employed in the factory as they should be if securely fenced or guarded:

(ii) All projecting set screws, keys, nuts or bolts on revolving parts, except any such as are counter sunk or otherwise made equally safe.

(iii) The underside of all heavy overhead main driving belts or ropes if there is any probability of persons having to pass under them.

  1. The following parts of machine tools shall be securely fenced: ---‑

The back gears and change wheels of lathes; the back gear and level gearing of drilling machines, and the gear wheels of planning, shaping, slotting and milling machines which are within reach of workers.

  1. Every platen machine and gelotine cutting machine in a printing work shall be fitted with an efficient finger-guard.

  2. All emery wheels and tool grinding machines shall be fitted with strong iron hood guards and shall also have a plate glass shield so fitted as to prevent flying particles from entering into the operator's eyes.

  3. All hoist gates shall be self‑locking and only capable of being opened when the case is opposite the floor.

  4. (1) All circular saws of more than six inches in diameter shall be provided with a strong metal hood guard a riving knife at the back of the saw. The saw under the table shall be completely guarded.

(2) All hand saws shall be fitted with expanded metal cage guards enclosing the upper half of the machine. The saw under the table also be completely guarded.

  1. All elevator passage ways and hoist ways shall be fenced.

  2. (1) In every factory, all electrical circuits or part of such circuits or any object electrically connected with them whether commonly or occasionally in an electrified condition, which by reason of their position could cause injury to any person, shall be protected adequately, either by non‑metallic fencing or insulation or by both, in such manner as to remove danger of injury:

Provided that where switch gear is installed for the purpose of immediately removing the pressure on the occurrence of a fault, such mechanism shill betaken into account when considering the adequacy or otherwise of the protection furnished:

Provided further that in no case shall any conditions or combinations of conditions, which are subject to objection under any other enactment be accepted as adequate.

(2) Instructions both in English and the Vernacular of the district for the restoration of persons suffering from electric shock shall be affixed in a conspicuous place in every factory using electric energy for lighting or power purposes.

63. Fencing Pit.‑---All open tanks and vessels containing either chemicals or substances dangerous to human life or safety and all pits, tanks, gutters and excavations eighteen inches or more in depth within the precincts of any factory shall be securely fenced.

64. Fencing in Textile Mills.‑-- In addition to the provisions hereinafter prescribed, the following provisions shall apply to textile factories to the extent indicated:‑

(i) In respect of blowing room machinery:‑

(a) Beater covers and the door immediately above the dirt grid of all openers, combined openers and scutchers, scutchers lap machines, hard waste breakers and similar machines shall be fitted with an automatic locking arrangement which shall render it impossible to open the covers or the grid while the beater is till running, or to restart the machinery until the doors have been closed.

(b) The nip between the cage wheel and calendar wheels shall be efficiently protected in all machines, preferably by spect acle guards extending round the outer edge of both wheels.

(c) Fender guards shall be provided for the fan strap side of scutcher to guard the fan strap and slow motion strap; pro vided that where the slow motion pulley is driven directly by a strap from the over head shaft, it shall be optional either to place the wheel or to protect it by fender guard. If the strap is on the opposite side to the slow motion strap each strap shall be protected separately.

(d) All lap rollers shall be provided with lap protectors.

(e) Cotton openers, combined openers and scutchers, scutchers lap machines, hard waste breakers and similar machines shall be driven from countershafts provided with fast and loose pulleys and efficient belt shifters.

(ii) In respect of carding machines‑

(a) All feed roller wheels, daffer and barrow wheels, side shaft wheels, calendar wheels and collar wheels shall be effi ciently fenced.

(b) All cylinder doors shall be fitted with a safety automatic locking motion to prevent the doors from being opened until the cylinder has ceased to render it impossible to rest at the machine until the doors have been closed.

(iii) In respect of drawing frames‑

(a) The roller gearing shall be effectively covered.

(b) The undershaft shall be encased in a metal sleeve or other wise securely fenced.

(iv) In respect of speed frames‑

(a) Headstocks shall be fitted with an automatic locking arrangement which shall prevent the doors being opened while the machinery is in motion and shall render it im possible to restart the machines until the doors have been closed.

(b) Bobbin skew gear wheel shall be covered over the top and these covers shall be extended both in front and behind round the edge of the wheels except in those cases where the spindles are not cleaned whilst the machinery is in motion.

(c) Spindles show gear wheels shall be effectively covered.

(d) Lifter rack wheel, shall be securely fenced, the guard to be such that it will effectively protect the nip both as the rail rises and as it falls.

(v) In respect of self‑acting mules‑

(a) Guards for middle back shaft scrolls shall be fitted with flanges to protect the intake of the bands and the side of the scroll. The guards for the middle draw band carrier pully shall be either fixed to the bottom creel board, or be so fastended otherwise that they cannot readily be knocked aside. The side pieces of the guard shall be extended inwards, far enough completely to guard the nip between the band and the scroll.

(b) All headstocks shall be provided with strong sheet iron guard high enough to cover the rim pulleys and so shared as to prevent any moving portion of the machinery being reached from the back when the guard is in position.

(c) The guard for the end draw band pulleys shall be extended at least half an inch beyond the end of the pulley.

(d) All guardant pinions shall be securely fenced.

(e) No person shall be allowed to be between the fixed and traversing parts unless the mule is stopped on the outward run.

(f) All front and back carriage wheels shall be guarded by efficient top guards.

(g) All spinning mules shall be driven from counter shaft which shall be provided with fast and loose pulleys and efficient belt shifter.

(vi) In respect of ring and throttle and doubling frames‑

(a) The outer ends of the frames shall be fitted in with metal plates.

(b) Guards made of strong rigid bars placed so that the vertical gap between them is not more than six inches shall be permanently and securely fixed along the whole length of each right frame and such guards shall not be removable without the use of tools.

(vii) In respect of calendering machines‑All calendering machines shall be provided with an efficient nip‑guard along the whole length on the intake side of each pair of bowls and shall be so fitted and maintained, while the machine is in use, as to prevent the access of any person's fingers to the point of contact of the rollers or bowls.

(viii) All looms shall be fitted with shuttle guards.

65. Additional, fencing in Cotton Ginning Factories.‑-- In addition to the provisions hereinbefore prescribed, the following provisions shall apply to Cotton Ginning Factories to the extent indicated :‑

(a) The line shaft or second motion in Cotton Ginning Factories shall be completely enclosed by continuous wall or un-climbable fencing with only so many openings as are necessary for access to the shaft for cleaning, oiling or adjusting of belts and such openings shall be provided with gates or doors which shall be kept closed and locked.

(b) The toothed rollers of the opener shall be guarded by securely fixing the machines, not more than eight inches above the lattice, a stout wooden plank or a strong metal guard not less than eighteen inches in width so arranged that in no circumstances can a man's hand get into the rollers.

Explanation.‑--- If the guard can be removed or shifted from its position without the aid of tools, the toothed rollers of the opener shall not be considered to have been guarded for the purposes of this rule.

(c) The spur gearing at the side of the opener shall be comp letely covered by a strong metal guard.

(d) The crank shaft pulleys and roller pulleys of all gins shall be securely guarded by strong box guard and hinged top covers.

  1. The cover to the blades of all saw gin machinery shall be fitted with an automatic locking device so arranged as to make it impossible for the saw to be exposed whilst the machine is in motion.

PROTECTION OF PERSONS ATTENDING TO

MACHINERY OR BOILERS

  1. All important pulleys shall be provided with belt hangers or perches.

  2. Suitable string gear shall be provided and used to move driving traps on all fast and loose pulleys.

  3. Lubrication of bearings or gear wheels or replacing or adjusting of belts shall be done only by experienced and specially trained persons.

  4. Service platforms and gangways shall be provided for overhead shafting and where required by the Inspector, shall be securely fenced with guard rails and the boards.

  5. No transmission machinery in motion shall be cleaned with cotton waste, rags or similar material held in the hand.

  6. Every shafting ladder shall be fitted with either hoops or some effective non‑skid device.

  7. (1) No person engaged in oiling or adjusting belts or in any work whatsoever within reach of unfenced transmission machinery shall be allowed to work whilst wearing loosely fitting clothes.

Explanation.--‑ All garments other than those specified below shall be considered loosely fitting clothes for the purpose of this rule:‑

Boiler suit.

Shirts.

Tightly flitting shift worn inside the (shorts).

Loin‑cloth.

Post (banyan).

Sweater.

Cap.

Turban without hanging ends.

(2) Every person required or engaged to oil or adjust belts or to do any work whatsoever within reach of any unfenced transmission ma chinery shall be provided by the Manager free of cost with light loin‑cloth or shorts.

  1. Safe and convenient access shall be provided to all bearings.

  2. (1) All water level gauge glasses of boilers of which the maximum pressure exceeds 100 lbs. per square inch shall be securely ‑guarded.

(2) No additional weight shall be placed on the safety valve of any boiler unless written authority has been received from the Boiler Inspector to do so.

(3) All sizing cylinders, kiers, digesters, steam jacketed pans and other vessels worked under pressure shall be fitted with safety valve pres. sure gauges.

CRANES AND OTHER LIFTING MACHINERY

(Section 33)

  1. A register shall be maintained if the Chief Inspector so requires for every examination of a lifting machine containing the following particulars :‑

(a) The distinguishing number of mark, if any, and a description sufficient to identify the lifting machine.

(b) The safe working load or loads in the case of a crane with a variable operating radius, including a crane, derricking jib, the safe working load at various radi of the jib, trolly or crab is to be stated.

(c) Particulars of any defect found in the lifting machine, or in any automatic indicator when the machine is fitted, in either case, affects the safety of the machine.

(d) The repairs, if any, required, either‑

(i) immediately, or

(ii) within a specified time (which must be stated), to enable the lifting machine to continue to be used with safety; (if no such repairs are required the work "None" is to be entered),

(e) The name and address of the person carrying out the examina tion and the date of the examination, and

(f) The address of the factory and the name of the occupier.

PROTECTION OF EYES

(Section 33‑G)

  1. Every worker in respect of any manufacturing process, which involves risk of injury to the eye, shall be provided with, effective screen and goggles for the protection of eyes.

PRECAUTIONS AGAINST DANGEROUS FUMES

(Section 33‑K)

  1. The minimum dimensions of the manhole referred to in subsec tion (1) of section 33‑K shall‑‑

(1) In relation to the confined space be not less than eighteen inches long and sixteen inches wide in case of a rectangular manhole and not less than eighteen inches in diameter in case of a circular or oval man hole.

(2) In relation to tank wagons and other mobile plant not less than eighteen inches long and sixteen inches wide in case of rectangular manhole and eighteen inches in diameter in case of circular manhole.

ACCIDENTS

(Section 33‑N)

  1. Notices of accidents resulting in death or such severe injury that there is no reasonable hope that the injured person will be able to return to work within forty‑eight hours shall be sent‑

(a) by telegram, telephone or special messenger, within twenty- four hours of the, occurrence, to the Chief Inspector, and Inspector for the area in which the factory is situated and the District Magistrate, or if the District Magistrate so directs, to the Sub‑Divisional Magistrate; and

(b) by registered post within twenty‑four hours of the occurrence the Commissioner appointed under the Workmen's Compensation Act, 1923.

  1. In case of accident resulting in death notice in the mode and within the time specified in clause (1) of rule 80 shall be sent to the Officer in‑charge of the Police Station for the area in which the factory is situated.

  2. If the notice required to be given under rule 80 or 91 is sent by a special messenger it shall be in Form J‑1 (First Accident Report) and if it is sent by telegraph or telephone it shall be confirmed by a written re port in such form within twenty‑four hours of the occurrence of the accident.

  3. Notice of accidents of minor character, which nevertheless pre vent the injured person from returning to work within forty‑eight hours of the occurrence of the accident shall be given in Form J‑I within, twenty- four hours of the expiry of that time to the Inspector and to the District Magistrate, or if the later by a general order so directs, to the Sub Divisional Magistrate.

  4. Final notice of an accident shall be submitted in Form J‑II within three months from the date of occurrence of the accident to the Chief Inspector, the Inspector for the area in which the factory is situated, the District Magistrate, or if the District Magistrate so directs, to the Sub. Divisional Magistrate and to the Commissioner appointed under the Workmen's Compensation Act, 1923.

  5. When an accident, which has been reported to the Inspector, as "Slight" is afterwards known to be "Serious" or "Fatal," the Manager shall make the necessary correction in a supplementary report which shall be sent forthwith to the authorities mentioned in rules 80 and 81.

  6. (1) If the Inspector has reason to believe that a fatal or serious accident has occurred in any factory, whether he has received a notice thereof or not, he shall, as soon as possible, proceed to make an investiga tion on the spot, either by himself or in co‑operation with the Police autho rities or an Official deputed by the District Magistrate or with both in order to determine the cause of and the responsibility for the accident.

(2) If the inspector on an investigation tinder sub‑rule (1) finds that the accident has resulted from neglect on the part of the occupier or the Manager of the factory or any other person to observe any provision of the Act or the rules and orders made there-under, and if he so considers necessary, shall sanction the prosecution of the person at fault.

(3) In case where he Inspector considers prosecution under the Pakistan Penal Code necessary he shall make a reference to the District Magistrate for taking suitable action.

(4) The Inspector shall, while forwarding a case to the District Magistrate for prosecution, record his opinion whether in the event of a fine being imposed and recovered, any portion of the fine should be paid to the person sustaining injuries in the accident or his dependents as compensation.

  1. (1) When in any factory there occurs, any explosion, fire, collapse of building or serious defects in the machinery or plant, which might have caused or might cause injury to any person, such fact shall be reported by the Manager within four hours of its occurrence to the authorities mentioned‑in clause (a) of rule 80.

(2) Notice regarding an occupational disease stall be sent to Chief Inspector and Inspector of Factories on Form J‑111 within 24 hours of the detection of the disease.

PROCEDURE IN APPEALS

(Section 33‑P)

  1. An appeal presented under section 33‑P shall lie to the Director of Labour Welfare, N.W.F.P., and shall be in the form of a memorandum setting forth conscisely tire grounds of objection to the order and bear ing Court‑fee stamps in accordance with the Court‑Fees Act, 1870 and shall be accompanied by a copy of the order appealed against.

  2. On receipt of the memorandum the appellate authority, shall if it thinks fit, or if the appellant has requested that the appeal be heard with the aid of assessors call upon the body, if any, declared to be body re presentative of the industry concerned under sub‑section (2) of section 33‑P to appoint an assessor within a period of fourteen days. If an assessor is nominated by such body, the appellate authority shall appoint a second assessor it4elf. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector whose order is appealed against, and shall call upon the two assessors to appear on such date to assist in the hearing of the appeal.

  3. An assessor appointed in accordance with the provisions of rule 89 shall receive a fee of thirty‑two rupees and traveling expenses for assisting in the hearing of the appeal. Such fees and traveling expenses shall be paid by the appellant.

PROVISION OF SHELTERS DURING REST. CERTIFICATE OF

STABILITY AND FIRST AID

(Section 33‑Q)

  1. The occupier of every factory wherein more than 150 workers are ordinarily employed, shall provide free of cost one or more suitable rooms or sheds for the use of workers during periods of rest. Such rooms or sheds shall be adequately lighted and properly ventilated so as to admit fresh air at all times. The rooms or sheds shall not be less than ten feet high and the floor space in them shall not be less than six square feet for each worker to he accommodated. The roof of such rooms or sheds shall not be corrugated sheeting or other metal unless covered‑by a suit able heat resisting material.

  2. The occupier of every factory other Chad a seasonal factory, wherein more than fifty women workers are ordinarily employed shall provide a suitable room for the use of children under the age of six years belonging to such women and the room or rooms so provided shall conform to the following conditions: --‑

(i) A floor space of not less than nine square feet shall be provided for each child accompanying a female employee.

(ii) The height of the roof shall not be less than ten feet from the floor.

(iii) The rooms shall be provided with sufficient light and ventila tion and its temperature shall not be such as to be injurious dog the occupants.

(iv) The structure shall be waterproof and sun-proof, free from dirt, vermin and damp and shall be maintained in a clean condition. The interior walls, ceiling, etc., shall be lime washed once in every twelve months. The wood shall be painted or varnished at least once in every four years.

(v) The use of the rooms shall be restricted to children, their attendants and the mothers of the children.

(vi) The services of a sweeper at frequent intervals shall be available to attend to the general, cleanliness of the room or, roomy and sanitary utensils shall be provided therein to the satisfaction of the Inspector.

(vii) A trained nurse and a female servant shall be employed by the Manager car occupier to attend to the children, and such a nurse or servant shall always be present in the room or rooms during the working hours of the factory.

  1. (1) In any building or part of a building which is erected or made use of as a factory after the commencement of the Act, no work on hear manufacturing process with the aid of power shall be commenced until a certificate of stability of the building signed by a. person possessing the qualifications specified in sub‑rule (4) has been approved by the Chief Inspector.

(2) Such certificate shall be sent through the Inspector authorized in this behalf and shall be accompanied by*the plans of the building or part thereof which is erected or made use of as a factory, showing its extent and construction and the position of machinery, plant and tanks.

(3) No addition or alteration shall be made to such building or part thereof or such machinery, plant or tanks, unless a fresh certificate in respect of such addition or alteration has been approved in the manner specified in sub‑rule (1).

(4) The certificate shall be signed by a person who is‑‑

(a) A member of the Royal Institute of British Architects ; or

(b) A member of the Indian Institute of Architects ; or

(c) An Associate Member of the Civil Engineers ; or

(d) A member of the Institution of Structural Engineers, or who possesses such qualification as the Chief Inspector may approve.

  1. (1) In every factory there shall be maintained in good working order first aid appliances specified in Appendix I . The first aid appliances shall be placed under the charge of a responsible person who knows to use them, and shall be kept in a readily accessible place within the factory as to be immediately available during working hours. The words First Aid' shall be clearly painted on the box or other receptacle containing such appliances.

(2) Every person sustaining an injury within a factory shall un less he desires otherwise, be administered "First Aid" as per Appendix II .

NOTICE OF PERIODS FOR WORKS FOR ADULTS

(Section 39)

  1. (1) The notice of periods for work for adults shall be‑

(a) in Form 'L' when all the adult workers in a factory are re quired to work within the same periods and the periods are the same on each working day of the week.

(b) in Form L (a)' when all the adult workers in a factory are required to work within the same periods and the periods are the same on five working days in the week and shorter on the sixth day.

(c) in Form L or L (a) as may be convenient, a separate form being used for each group, when the adult workers have been classified into groups which do not work on a system of shift.

(d) in Form L (b) when the adult workers have been classified into groups working on shifts, the relays not being subject to predetermined periodical changes of shifts, the form shall be accompanied by a supplementary notice in a form approved by the Chief Inspector showing which relay is working on each shift.

(e) in Form L (b) when the adult workers have been classified into groups working on shifts, the relays being subject to predetermined periodical changes of shifts, the form shall be accompanied by a supplementary notice showing the system of rotation of relays and the method of determining which relay should be working on any specified shift on any day

Provided that if the periods of work for women differ from the periods of work for men, separate notice shall be used for men and for women.

(2) When in the opinion of the Chief inspector or the inspector the period for work in a factory, although legal, cannot be conveniently displayed by any of the methods described in the foregoing rules, he may by order in writing, permit a notice in a form which appears to him suitable to be substituted and such form shall for that factory be deemed to be prescribed from.

(3) The notice shall be painted in bold letters of not less than half an inch on a wood or metal plate and shall be displayed in the conspi cuous places near the main entrance to the factory.

REGISTER OF ADULT WORKERS

(Section 41)

  1. (1) (i) The Register of Adult Workers prescribed under section 4 shall be in Form. 'M' and shall be kept separately for each shift for a calendar year.

(ii) A Register of Adult Workers in respect of daily attend ance of the workers, shall be maintained in Form 'M‑1' and the attendance shall be marked every day.

(2) Such registers shall be preserved for three years in non‑sea sonal factories and for at least one year beginning from the date of the commencement of the season in seasonal factories.

(3) The registers prescribed under this rule shall always be available for inspection, and if not produced on demand being made therefore by the Inspector, the Manager shall be deemed to be responsible for its non production, whether he was present in the factory at the time of demand or not.

PERSONS HOLDING POSITIONS OF SUPERVISION OR

MANAGEMENT

[Section 43 (1)]

  1. The following persons shall be deemed to hold positions of super vision or management in a factory :‑‑

(1) Manager.

(2) Any other person who, in the opinion of the Chief .Inspector, holds a position of supervision or management.

  1. All clerks, accountants, computists and time‑keepers shall be deemed to be employed in a confidential capacity.

  2. A list showing the names and designations of all persons, to whom the provisions of subsection (1) of section 43 have been applied shall be maintained and when so requited by the Inspector, produced before him.

EXEMPTIONS

[Section 43 (2)]

100. Urgent Repairs.‑--- When the work in engineering or other work shops on the repair of plant used in manufacturing processes or on repairs in connection with the maintenance of a public service, or on the repair of any part of the machinery, plant or structure of any factory is of such a ,nature that delay in its execution would involve‑

(1) substantial interruption of the manufacturing process; or

(2) substantial interruption to public service; or

(3) danger to human life or safety;

all adult male workers employed on such work shall be deemed to be employed on urgent repairs within the meaning of section 43 (2) (a) and shall be temporarily exempt from the provision of sections 34. 35, 36, 37 and 38 for the period occupied in the completion of such repairs, subject to the following conditions: ‑‑

(a) that the period of exemption for any one worker shall not exceed fourteen days in any calendar month;

(b) that no worker shall be employed for more than fourteen consecutive days without one full day's holiday;

(c) that no worker shall be employed continuously for more than eight hours without a rest interval of at least one hour.

(d) that a notice stating the names of workers employed and the precise nature of their work shall be sent to the Chief Inspector and the Inspector authorized in this behalf within four hours of the commencement of such employment and a copy of the said notice shall be affixed in a conspicuous place near the main entrance of the factory before the workers are put on such work.

101. Preparatory and Complimentary Work.‑-- Adult male workers employed on dispatching and receiving of goods or solely on maintenance of work or as engine drivers boiler attendants, millwrights, millwrights mates and oilmen shall be deemed to be employed on preparatory and com plimentary work in all factories within the meaning of section 43 (2) (b) and as such shall be exempted from the provisions of sections 34, 36, 37 and 38, subject to the following conditions: --‑

(a) that no such worker shall be employed for more than eight hours continuously without a rest of one full hour; and

(b) that no such worker shall be employed in any factory for more than sixty hours in any one week or for more than ten hours in any one day.

102. Intermittent Work.‑-- Adult male workers employed as‑

(a) engine drivers,

(b) foremen,

(c) millwrights,

(d) fitters,

(e) mill wright mates,

(f) oilmen,

(g) electricians,

(h) carpenters, and

(i) blacksmiths

shall be deemed to be employed on intermittent work in all factories within the meaning of section 43 (2) (c) and as such shall be exempted from the provisions of sections 34, 36, 37 and 38, subject to the following conditions: ---‑

(a) that no worker shall be employed for more than eight hours continuously without a rest of one full hour; and

(b) that no worker shall be employed in any factory for more than sixty hours in any one week or for more than ten hours in any one day.

103. Continuous Processes.‑‑-- Adult male workers employed‑--

(1) on the generation of electricity;

(2) on tile manufacture of ice in ice factories;

(3) on brewing in breweries;

(4) on distillation in distilleries;

(5) on the production of glass in glass works;

(6) on distillation in rosin and turpentine factories;

(7) on canning in tanneries;

(8) the manufacture of cement as asbestos sheets and allied pro ducts in cement works;

(9) in the manufacture of sugar in factories and refineries;

(10) on the operations of blast furnaces in iron and steel factories;

(11) in water works or water supply ' pumping stations;

(12) on the production of carbon‑dioxide gas in carbon acid gas factories;

(13) in the mineral oil refining process;

(14) on oil pressing oil refining and soap‑making in oil mills;

(15) on the manufacture of paper and straw‑board in paper and straw board mills;

(16) on the manufacture of chemicals in chemical works;

(17) on pottery making in pottery works;

(18) on the manufacture of starch in starch factories;

(19) on cupola on the foundry section of iron, brass arid steel Manufacturing operations;

(20) on dyeing and bleaching section of textile mills;

(21) in the preparation of oxygen and acetylene;

(22) on the process of dehydration of potatoes and other vegetables; (23) on the process of dehydration of meat;

(24) on shooting of films in studios;

(25) on mixing, compounding, masticating, solepulling, fractioning, cutting, passing and crushing of rubber and manufacturing of tyres and tubes in rubber factories;

(26) on manufacturing of blades and razors;

(27) on machinery cold storages;

(28) on refining, bleaching, filtering, hydrogenarating and deodoris ing compressing of oxygen and the filling of cylinders in vanaspati (vegetable oil and hydrogenarating) factories;

(29) on processing of soft fruits, juices and vegetables; and

(30) in flab‑canning and fish‑curing; shall be deemed to be employed on continuous processes within the meaning of section 43 (2) (d) and as such shall be exempt from the provisions of sections 34, 36, 37 and 38, subject to the following condi tions :‑

(a) that such workers shall ordinarily be employed on daily eight hours shifts;

(b) that no such worker shall be employed for more than fourteen consecutive days without a compensatory continuous rest period of at least twenty‑four hours;

(c) that when shifts are changed‑‑

(i) no shift may be employed for more than sixteen hours in one day (that is to say two periods of eight hours each with an interval of eight hours);

(ii) the system of shifts shall have been approved, by the thief Inspector or the Inspector authorized in this behalf;

(iii) the persons who have worked double time shall at the next change of shifts have a complete holiday of twenty‑four consecutive hours; and

(iv) the average weekly hours of work in any period of three weeks shall not exceed fifty‑six;

(d) that a note shall be maintained in the remarks column of the Register of Adult Workers against the name of every worker in respect of whom the exemption is claimed to have been allowed or granted; and

(e) that the decision of the Chief Inspector shall be final as to whether the work of any such worker is or is not of the nature described in the exemption.

104. Bakeries and Dairies.‑--- Adult male workers employed in bakeries and dairies shall be deemed to be employed in making or supplying articles of prime necessity which must be made or supplied every day within the meaning of section 43 (2) (e) and as such shall be exempted from the provisions of section 35.

Provided that no such worker shall be employed for mere than four teen consecutive days without a holiday for a whole day.

105. Tea factories.‑--- Adult male workers employed in tea factories shall be deemed to be employed in a manufacturing process which can not be carried on except at times dependent on the irregular action of natural forces within the meaning of clause (g) sub‑section (2) of section 43, read with sub‑section (3) of that section and as such shall be exempted from the provisions of sections 35, 37, 39 and 40 on the conditions that‑-

(i) the manager or the occupier of the factory, before he avails himself of the exemption has served on the Chief Inspector or the Inspector authorized in this behalf end displayed in the factory a notice of his intention so to avail himself, and whilst he avails himself of the exemption he shall keep the notice so displayed;

(ii) an attendance register for such workers in Form N is main tained and in respect of each worker the time of commencement of each period of work is entered therein before the period of work is commenced and the time of finishing each period of work is entered therein immediately after the period of work has been completed; and

(iii) no such worker shall be employed for more than fourteen consecutive days without a holidays for a whole day.

106. Fodder Presses.‑-- Adult male workers employed on fodder pressing shall be deemed to be employed in a process which cannot be carried on except at times dependent on the irregular action of natural forces within the meaning of section 43 (2) (g) and as such shall be ex empted from the provisions of sections 35 and 37 Provided that no such worker shall be employed for more than four teen consecutive days without a holiday for a whole day.

107. Engine Rooms and Boiler Houses.‑--- Adult male workers employed in engine rooms and boiler houses shall be exempted under section 43 (2) (h) from the provisions of section 35 on the conditions that‑

(i) no such workers shall be allowed to work for more than eight hours on a weekly holiday;

(ii) the weekly hours of such workers do not exceed sixty hours in any factory; and

(iii) no such workers shall be employed for more than fourteen consecutive pays without a holiday.

  1. In respect of adult workers employed as foremen, machinemen (operators and cleaners, shooting men, mixer‑men, oilers, packers and stitchers, flours godown coolies, salesmen and sweepers in the screen room, mill and floor godown of a flour mill, the following provisions shall apply: ‑---

(1) Where the manufacturing process is carried on continuously throughout the day and all such workers in factory are ordinarily employed on dairy eight hours shifts, the provisions of sections 34, 35, 36, 37 and 38 shall not apply on the conditions that‑‑

(a) on the notices of periods for work required under section 39, the manager shall, enter against each group of workers `Honking under the provisions for this clause the words working under the provisions of rule 112 of the N.W.F.P. Factories Rules, 19757 and

(b) no such worker shall be employed for more than fourteen consecutive days without a compensatory rest period of at last twenty‑four hours at one time or alternatively.

(2) Where the manufacturing process is carried on continuously throughout the day and all such workers in as factory are not ordinarily employed on daily eight hours shift, the provisions of sections 34 and 35 shall not apply on the conditions that‑

(a) on the notice of periods for work required under section 39, the manager shall enter against each group or groups of workers working under the provisions of this clause, the word working under the previsions of rule 108 of the N.W.F.P. Factories Rules, 1975.

(b) no such workers shall be employed on a Sunday or the day fixed for the weekly holiday for snore than six hours, and

(c) every such worker shall be given a weekly rest period commencing on Sunday or the day fixed for the weekly holiday of not less than twenty‑four Consecutive hours.

  1. The manager of every factory shall maintain a. record of all ex emptions granted to the factory front any provisions of the Act in Form 'G' and such record shall be produced before the Inspector when he so re quires.

  2. Except in the case of workers exempted under section‑43 (2)(c) the total overtime period of any adult worker exempted from the pro visions of section 34 shall riot exceed twelve hours in any one week.

OVERTIME REGISTER

(Section 47)

  1. (1) The manager of every factory in which workers are exempt ed under sections 43 or 44 from the provisions of sections 34 or 36 shall keep a register in Form O showing the normal piece‑work rate of pay or the rate of pay per hour, pew day or per week of all exempted workers.

(2) The overtime hours of work per day and per week and the pay ment therefore to all exempted workers shall be correctly entered in the register required to be maintained under this rule.

(3) The register shell not be destroyed until after the expiry of threw years treat the date of last entry therein,

(4) The register shall always be available for inspection by the Ins pector and if not produced can demand being made therefore by the Inspector the manager shall be deemed to be responsible for its non‑production, whether he was present in the factory at the time of demand or not.

RESTRICTIONS ON DOUBLE EMPLOYMENT

(Section 48)

  1. (1) The Inspector may sanction the employment of adult male workers in more than one factory on the same day if he is satisfied

(a) that the total working hours of such workers on any one day does not exceed ten, and

(b) that they receive weekly holiday prescribed under section 35.

(2) A note over the initials of the Inspector shall be made in the remarks column of the Register of Adult Workers against all male workers permitted to work in more than one factory under sub‑rule (1).

COMPENSATORY HOLIDAYS

(Section 35‑A)

  1. The compensatory holidays to be allowed under section 35‑A shall be so spaced that not more than two holidays are given in a week; provided (hat this rule shall not apply to factories engaged on continuous processes specified in, rule 103.

  2. (1) The manager shall display at the place at which the notice of periods for work prescribed under section 39 is displayed, on or before the end of the month a list of persons entitled to compensatory holidays to the following month, specifying the dates on which the holidays fall due. Subsequent changes in respect of persons allowed compensatory holidays shall be made not less than one week in advance of such holidays.

(2) The holiday or holidays will be given before a worker is dis charged or dismissed.

  1. (I) The manager shall maintain a register of workers exempted from the provisions of section 35 in Form P and male an annual return of compensatory holidays in Form Q within a period of two months at the end of the year in non‑seasonal and the end of the season in seasonal factories:

Provided that, if the‑Chief Inspector is of the opinion that any muster roll or register regularly maintained for the factory, or return made by the manager gives in respect of any or all of the workers in the factory, the particulars required for the enforcement of section 35‑A, he may, by order in writing direct that such mustor roll or register or return shall, to the corresponding extent, be maintained in place of and be treated as, the register or return required under this rule for that factory.

(2) The register maintained under sub‑rule (1) shall be preserved for a period of three years from the last entry borne on it and shall be produced before the Inspector on demand.

HOLIDAYS WITH PAY

(Section 49‑F)

  1. (1) The employer shall maintain a holidays with pay register in Forth R and make a return in Form S not later than the 1^st^ March of the years subsequent to that to which it relates.

Provided that if the Chief Inspector is of the opinion that any muster roll or register regularly maintained for the factory, or return made by the employer gives in respect of any or all of the workers in the factory, the particulars required for the enforcement of Chapter IV‑A of the Act, he may, by order in writing, direct that such muster roll or return shall, to the corresponding extent, be maintained in place of and be treated as the register or return required under this rule for that factory.

(3) The register shall always be available for inspection by the Inspector, and if not produced on demand being made therefore by the Ins pector, the manager shall be responsible for its non‑production, whether he was present in the factory at the time of demand or not.

  1. (1) The employer shall provide each worker with a book called "Holiday Book" in Form T . The book shall be the property of the worker and the employer or his agent shall not demand it except tar make entries of the date of holidays or interruptions in service, and shall not, for any reason keep wt for more than a week at a time.

(2) If worker losses his "Holiday Book" the employer shall provide him with a duplicate thereof, duly completed from his record, on pay ment of rupee one.

  1. (1) A workman who is absent from work for reasons of health shall, if so required by his employer in writing, submit a medical certificate signed by a registered medical practitioner stating the cause of the absence and (lie period for which the worker will, in the opinion of the medical practitioner, be unable to attend to his work.

(2) When an employer provides medical facilities for his employees workers living in a colony attached to the factory shall obtain such certi ficate from the factory doctor.

(3) The charges for a certificate required to be produced by workmen under this rule shall be borne by the employer.

  1. The employer shall report as soon as possible to the Inspector all cases of involuntary unemployment indicating the total number of, workers effected together with the cause or causes of un-employment. Entries of such unemployment shall be made in the holiday wish pay register of the establishment and in the Holiday Book of the individual concerned.

  2. Before or on the completion of period of twelve months continuous service in the factory, as defined in section 49-B, a worker may give notice to the employer of his intention not to avail himself of holidays failing due in the following period of twelve months and tile employer shall thereon make an entry to that effect in the holidays with pay register in respect of that worker and in his Holiday Book.

  3. Except in regard to the worker who has given notice of the intention not to avail himself of holidays in the year in which these occur, the employer shall fix the dates on which holidays with pay shall be allowed to each worker including the worker who has accumulated his holidays over two periods of twelve months Any such date shall not be earlier than four weeks from the date on which the date so fixed is notified, unless the worker agrees to take the holiday earlier and shall be made in the holidays with pay register and the Holiday Book of the worker concerned.

  4. As far as circumstances permit, when a husband and wife are employed in the same factory, they shall be allowed holidays on the same day.

  5. The employer may alter the date fixed for holidays only after giving a notice of four weeks to the worker.

  6. A Worker stay exchange the period of his leave with another worker subject to the approval of the employer.

  7. The second half of the pay due for the period of holidays shall be paid to the worker with the first payment of wages after he resumes work.

  8. If a worker dies before he resumes work, the balance of his pay for the period of holidays shall be paid within a period of one week of the receipt of the intimation of his death to his nominee and in the absence of a nominee to his dependents according to law or local practice.

  9. (1) Where a factory is exempted under section 49‑G from the provisions of Chapter IV‑A of the Act, the manager of the factory shall maintain a register showing in respect of each worker the holidays due and taken and the pay granted for the holidays taken and shall display at the main entrance of the factory a notice giving details of the system prevailing in the factory for the holidays with pay and shall send a copy of the same to the Inspector.

(2) Leave Rules applicable to workers in a factory approved by Government when granting exemption to the factory tinder section 49‑G shall nosy be altered without the previous permission of Government.

INDUSTRIAL RELATIONS ORDINANCE, 1969

  1. (1) In public utility services specified in the Schedule to the Industrial Relations Ordinance, 1969 the provisions of section 49. A regarding festival holidays shall apply to only those workers who are granted the facility by the manager through a notice displayed on the Notice Board prior to just holiday. All other workers shall attend to their normal ditties. In such public utility services, a worker may be paid at twice the rate of ordinary pay for work performed on a festival holiday yr he may be granted two compensatory holidays at the option of the worker.

(2) This rule shall also apply in respect of all other factories if the worker wants encashment instead of compensatory leave.

(3) Seasonal factories shall give 50% of all types of leave as provided for its Chapter IV‑A of the Act.

(4) The manager may allow non‑Muslim workers intending enjoy their festival holidays to adjust the same against the festival holidays declared under section 49-1 for Muslims.

NOTICE OF PERIODS OF WORK FOR CHILDREN

(Section 55)

  1. The notice of periods of work for children shall be in the saint forts as that prescribed under rule 95 for adults.

REGISTER OF CHILD WORKERS

(Section 56)

  1. (I) The Register of Child Workers in all factories shall be in Form, U .

(2) The register shall be maintained for three years in non‑seasonal factories while in seasonal factories it shall be maintained at least for one year beginning from the date of the commencement of the season.

(3) The register shall always be available for inspection by the Inspector, and if not produced on demand being made therefore by the Ins pector, the manager shall be responsible for its non‑production, whether he was present in the factory at the time of the demand or not.

DISPLAY OF FACTORY NOTICES

(Section 76)

  1. The abstract of the Act and of the rules made there-under shall be in the form given in Appendix III .

RETURNS

(Section 77)

  1. Submission of Returns under section 77.‑-- The manager shall furnish the following returns to the Chief Inspector on or before .he date specified in respect of each return :‑‑‑

(1) On nr before the fifteenth of January each year, an annual return in duplicate in Form `V':

Provided that in case of a factory in which work is carried on only during a certain season or seasons of the year, the manager shall submit she annual return within fifteen days after the close of that season or of the last of those seasons as the case may be.

(2) A half‑yearly return in Form 'W' for the half‑year, ending thir teenth of June and thirty‑first of December on or before, the fifteenth of July, and the fifteenth of January, respectively following half‑year to which it relates.

Provided that in the case of a factory in which the work is carried on only during a certain season or seasons of the year, the half‑yearly return shall not be furnished.

(3) Before the end of every calendar month, a return giving notice of the days on which it is intended to close a factory during the succeeding month.

FORM A

(Rule, 3)

NOTICE OF OCCUPATION

  1. Name of occupier

  2. Name of factory ..

  3. Location of the factory

  4. Full postal address of factory

  5. Nature of moving power used ..

  6. Amount of moving power used

  7. Nature of work carried on

  8. Name of manager for the purpose of the Factories Act

  9. Time of beginning and ending work on each day, showing the period of rest interval

  10. Greatest number of persons simultaneously employed anywhere within the precincts of the factory on any one day in the year ..

(a) Clerical establishment

(b) Workers :‑

(i) Men .

(ii) Women ..

(iii) Children .

  1. Number of gins (in case of cotton ginning factory only) ........

  2. Date of its functioning

(Signature of Occupier) .........................

(Signature of Manager) .........................

(Date of dispatch of Notice) .........................

FORM B

(Rule 7)

REGISTER OF FACTORIES

PART-Non Seasonal

PART-II-Seasonal

|------------|----------|-------------------------------|----------------|------------------------|---------------------------|----------------|-------------------|-----------------|--------------------| | Serial No. | District | Name of factory with location | Postal address | Nature of moving power | Nature of work carried on | No. of workers | Name of Occupiers | Name of Manager | Date of Inspection | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |

FORM C

(Rule 8)

INSPECTION BLOCK

|------------|-----------------------------|--------------------|------------------------|---------|---------------------------------| | Serial No. | Name and address of factory | Date of inspection | Irregularities noticed | Remarks | Signature of Inspecting Officer | | | | | | | |

FORM D

(Rule 12)

CERTIFICATE UNDER SECTION 52 (2) OF THE FACTORIES ACT, 1934

|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 1. Serial No .................................................. Serial No .................................................. 2. Date .................................................. Date .................................................. 3. Name .................................................. I hereby certify that I have person ally examined (name) 4. Father's name ........................................ ............................................................ 5. Sex and caste or Son/daughter of (Caste, etc. religion ..................................................... 6. Residence ............................................ residing at ...................................... who is desirous of being employed in a ............................................................... factory, and that his/her age as nearly as can be ascertained from my exam 7. Age certified ...................................... ination is . years, and that he/she is fit for employment as a 8. Physical fitness ................................... child/as adult in a factory. His/her descriptive marks are--- 9. Distinctive marks ................................ Thumb impression. Thumb impression. Examining Surgeon. Examining Surgeon. (Countersigned) (Countersigned) Certifying Surgeon. Certifying Surgeon. |---|---|---|---| | | | | | |

FORM E

[Rule 14 (2)]

REGISTER OF FEES PAID FOR THE ISSUE OF DUPLICATE

CERTIFICATE UNDER SECTION 52 OF THE FACTORIES ACT

|------|------------|-----------------------------|--------------------------------|-----------------------|--------------------------------| | Date | Serial No. | No. of previous certificate | Name of person to whom granted | Amount of fee charged | Initials of Certifying Surgeon | | | | | | | |

Paid into Treasury.

Date Signature of Certifying Surgeon

FORM F

(Rule 18)

LIME‑WASHING, PAINTING OR VARNISHING

|-----------------------------------------------------|------------------------------------------------------------------------------|----------------------------------------------------|-------------------------------------------------------------------------------------------------------|----------------------------------|---------| | Part of factory e.g., name or particulars of rooms. | Parts lime-washed painted or varnished e.g. walls, ceiling, wood-works, etc. | Treatment whether lime washed painted or varnished | Date on which lime-washing painting or varnishing was carried out (according to the English Calendar) | Signature of Occupier or Manager | Remarks | | | | | | | |

FORM G

(Rule 28 & 109)

|-------------------------------------------------|--------------------|------------------------------------|--------------------------|----------------------------------| | Section or rule from which exemption is granted | Subject dealt with | Extent of and reason for exemption | Date and number of order | Signature of Occupier or Manager | | | | | | |

FORM H

(Rule 30)

HUMIDITY REGISTER

|---------------------------------------------------------------------------------------------------------------------------------------------------------| | Name of factory Month .. Place .. .. Number of operatives employed in the Department .. Department .. Number of Hygrometers Year Hygrometer position .. |

Monthly

++Average++

I Dry bulb ++I++

Wet bulb

|------|----------|----------|-------------------|----------|----------|-------------------|----------|----------|-------------------|----------|----------|-------------------|----------|----------|-------------------|---------|---------| | | 1^st^ Reading ||| 2^nd^ Reading ||| 3^rd^ Reading ||| Average ||| Wet Kata reading ||| Average | Remarks | | Date | Dry bulb | Wet bulb | Relative humidity | Dry bulb | Wet bulb | Relative humidity | Dry bulb | Wet bulb | Relative humidity | Dry bulb | Wet bulb | Relative humidity | Dry bulb | Wet bulb | Relative humidity | | | | | | | | | | | | | | | | | | | | | |

|-----------------| | Monthly Average |

I certify that the above Hygrometerical and wet Kata Reading recorded during the month of 19 ... are correct ...

Signature of Controller ..

FORM J‑I

(Rules 82 and 83)

NOTICE OF ACCIDENT

FIRST ACCIDENT REPORT

(To be submitted within twenty jour hours from the time of occurence of the accident).

  1. (a) Name and address of the factory.

(b) Telephone No.

  1. Name and address of owner/occupier.

  2. Principal products)/services rendered:

(i) ...........................

(ii) ...........................

(iii) ...........................

  1. Particulars of the injured person --

(a) Name with father's name.

(b) Address : (i) Present.

(ii) Permanent.

(c) Age.

(d) Sex.

(e) Occupation.

  1. Date and time of accident.

  2. Branch/Department/Place where accident occurred.

  3. Brief description of: --‑

(a) Cause of accident.

(b) Nature of injuries.

  1. Name and addresses of witnesses to the accident :‑

(1)

(2)

  1. Name and address of the medical officer under whose treatment the injured person has been placed.

  2. Date and time of despatch of report.

Signature of Owner/Manager.

FORM J-II

(Rule 84)

FINAL ACCIDENT REPORT

(To be submitted within three months from the date of occurrence of the accident)

  1. Principal products)/service rendered

  2. Particular of the injured person

(b) Address: (i) Present.

  1. Nature of accident (please tick applicable).

|------------|---| | (i) Death. | |

|-----------------------------------|---| | (ii) Permanent total disablement. | |

|--------------------------------------|---| | (iii) Permanent partial disablement. | |

|--------------------------------------------------------------|---| | (iv) Injury causing absence from work exceeding twenty days. | |

|--------------------------------------------------------------------------------------------|---| | (v) Injury causing absence from work for more than forty‑eight hours and upto twenty days. | |

|-----------------------------------------------------------------------------------------------------------------------------|---| | (vi) Injury causing less than forty‑eight hours ab sence (If this sub ‑item is ticked please do not fill up items 6 to 10). | |

  1. If the accident resulted in permanent partial disablement to the injured person tick one or more (as may be the case in the following list of injuries).

[Loss of any Limb or member also includes loss of its use.] Loss of‑

|---------------------------------|---| | Right arm above or at the elbow | |

|--------------------------------|---| | Left arm above or at the elbow | |

|---------------------------|---| | Right arm below the elbow | |

|--------------------------|---| | Left arm below the elbow | |

| Leg at or above the knee | |

|--------------------|---| | Leg below the knee | |

| Hearing.‑Permanent total | |

|---------|---| | One eye | |

|-------|---| | Thumb | |

|----------------------|---| | All toes of one foot | |

| One phalanx of thumb | |

|--------------|---| | Index finger | |

|-----------|---| | Great toe | |

|------------------------------------|---| | Any finger other than index finger | |

|-----------------------------------------------------------------|---| | 7. Classification by type of accident (please tick applicable). | |

| (i) Falls of persons | |

| (ii) Falling objects | |

|----------------------------------------------------------------------------------|---| | (iii) Stamping or strike against or struck by objects excluding falling objects. | |

|-------------------|---| | (iv) Electricity. | |

|--------------------------------------------------------------------|---| | (v) Poison, corrosive and harmful substances, including radiation. | |

|----------------|---| | (vi) Explosion | |

| (vii) Fire | |

| (viii) Irruption of water | |

| (ix) Suffocation by gases | |

|-----------------------------------------------------------------------------|---| | (x) Any other type (specify e. g., over exertion/ strenuous movement, etc). | |

|-----------------------------------------------------------------------|---| | 8. Classification by agency of accident (please tick applicable): --- | |

|------------------|---| | (i) Prime movers | |

|-----------------------------|---| | (ii) Transmission machinery | |

|-------------------------|---| | (iii) Lifting machinery | |

|------------------------|---| | (iv) Working machinery | |

|---------------------------------------|---| | (v) Other equipment and installations | |

|---------------------|---| | (vi) Rail transport | |

| (vii) Other transport and haulage | |

| (viii) Hand tools | |

|---------------------------------------------------------------------------------------------------------|---| | (ix) Any other agency (specify e. a., water transport, pressure vessels, furnances, ovens, kilns, etc.' | |

  1. Period (working hours) of absence from duty in the case of non‑fatal accident ...............................................................................................................................................

In case of injury involving absence of more than ninety days entry in item 9 be made as: the injured person is till absent instead of writing number of days.

  1. Name and address of the medical officer under whose treatment the injured person has been placed.

Date of despatch of report ........................................................

For use by Chief Inspector of Factories.

FORM J‑III

[Rule 87 (2)]

NOTICE OF OCCUPATIONAL DISEASE

REPORT ON OCCUPATIONAL DISEASE

|---|-----------------------------------------------------------------|---| | | To be submitted within 24 hours Of the detection of the disease | |

  1. (a) Name and address of the factory/mine/port ........................

(b) Telephone No .........................

  1. Name and address of owner/occupier .......................................

  2. Principal product/services rendered

(i) ..............................

(ii) ..............................

(iii) ..............................

  1. Particulars of the injured person‑

(a) Name with father's name ..................................................................................

(b)Address : (i) Present .................................................

(ii) Permanent .................................................

(c) Age

(d) Sex .....................

(e) Occupation , . .................................................................

  1. Name of the occupational disease the workman is found suffering from (tick applicable) :

| (i) Anthrax. | |

|--------------------------------------------|---| | (ii) Compress air illness or its sequelae. | |

| (iii) Poisoning by lead tetra‑ethyl. | |

|----------------------------------|---| | (iv) Poisoning by nitrous fumes. | |

| (v) Lead poison or its sequelae. (excluding poisoning by lead tetra‑ethyl). | |

| (vi) Phosphorus poisoning or its sequelae. | |

|-----------------------------------------|---| | (vii) Mercury poisoning or its sequelae | |

|-----------------------------------------------------------------------------------|---| | (viii) Poisoning by benzene and its homologue, or the sequelae of such poisoning. | |

| (ix) Chrome ulceration or its sequelae. | |

|------------------------------------------|---| | (x) Acrenical poisoning or its sequelae. | |

| (xi) Pathological manifestitions due to: | |

|---------------------------------------------|---| | (a) Radium and other rapid‑active substance | |

|-------------|---| | (b) X‑rays. | |

|----------------------------------------------------|---| | (xii) Primary opitheliomatious cancer of the akin. | |

| (xiii) Pheomokoniousis. | |

| (xiv) Silicosis. | |

|-----------------|---| | (xv) Nystagmus. | |

| (xvi) Rasynosis. | |

| (xvii) Ashestosis. | |

| (xviii) Beggesis. | |

(xix) Other disease (please specify) ......................................................................................

When detected first.

Date .................................................................................................................................

Name and address of physician ..........................................................................................

Registration No ..................................................................................................................

  1. Medical attendance provided: ........................................... .......................................

................................................................................................................................................................................................................................................................................................

  1. Date and time of despatch of the report ..........................................................................

SIGNATURE OF THE SIGNATURE OF THE

PHYSICIAN. MANAGER/AGENT

FOR USE BY CHIEF INSPECTOR OF FACTORIES/MINES/PORTS.

REMARKS

FORM K

[Rule 93 (1)]

CERTIFICATE OF STABILITY

  1. Town and district in which factory is situated.

  2. Full postal address.

  3. Owner of building.

  4. Company, firm or occupier by whom the factory will be operated.

  5. Nature of work to be carried on.

  6. Approximate area of the factory building.

  7. Approximate area of the premises.

  8. The number of floor on which workers will be employed.

  9. Details and strength of materials used.

  10. Details of iron work, with measurement of spans and loads carried by stanchion pillars.

Certified that the undersigned has carried out a detailed survey of the buildings and materials referred to above and is satisfied that the margin of safety is in accordance with the recognized standards required by the Architects and Builders Association and further that the erection, has been carried out in such a way as to give the buildings reasonable stability and to provide the maximum safety in working the machines housed in the building.

Signature .................................

Designation .. ...........................

FORM L .

[Rule 95 (l) (a)]

NOTICE OF PERIODS FOR WORK FOR ADULTS/CHILDREN

Name of factory ...............................................................................................................

Place where situated ..........................................................................................................

Hours of starting work .......................................................................................................

Hours of closing work ........................................................................................................

Period of rest interval from .................................................................................................

Weekly holiday given on ....................................................................................................

Date .. Signature of Manager

if this notice relates to the working hours of adults, the word "children" should be struck out and in case it is meant for children, the word "adult" should be struck out.

FORM L (a)

[Rule 95 (l) (b) & (c)]

Place where situated .........................................................................................................

On ordinary working days ---

Hour of starting work .......................................................................................................

Hours of closing work .......................................................................................................

Period of rest interval from to ..

On half holiday which is given on‑---

Hour of starting work ........................................................................................................

Hour of closing work .........................................................................................................

Weekly holidays given on ...................................................................................................

Date Signature of Manager

If this Notice relates to the working hours of adults, the word children should be struck out and in case it is meant for children, the word adults should be struck out.

FORM L (b)

[Rule 95 (l) (d) & (e)]

NOTICE OF PERIODS FOR PERSONS WORKING BY SHIFTS

N: me of factory ............................................................................................................

Place where situated ......................................................................................................

|-------|-----------|---------|-----------| | Shift | Begins at | Ends at | Interval. | | |||| | Date ..... || Signature of Manager ||

FORM M

[Rule 96 (1) (i)]

REGISTER OF ADULT WORKERS FOR THE YEAR ..........................

Working hours.

From .. to

Name of factory .... 1^st^ period

For the month of Rest interval

Place where situated 2^nd^ period

|------------|------|---------------|---------|-----|--------------------|----------------|----------------------|---------| | Serial No. | Name | Father s Name | Address | Age | Caste or Religion. | Nature of Work | Signature of manager | Remarks |

FORM M‑I

[Rule 96 (l) (ii)]

Shift ........................

..

ATTENDANCE REGISTER ........................

|------------|-----------------------------|------|---------------|-------------|--------------------------------------------------|----------------------| | Serial No. | S. No. from Form M Register | Name | Father s Name | Designation | Attendance 1,2,3,4,5, 6,7,8,9,10,11, 12,13,14,15 | Signature of Manager | | Serial No. | S. No. from Form M Register | Name | Father s Name | Occupation | Attendance 1,2,3,4,5, 6,7,8,9,10,11, 12,13,14,15 | Signature of Manager |

FORM N

[Rule 105 (ii)]

Register of Adult Workers Employed in Tea Factories

Name of factory .. For week ending

|------------|------|----------------|-----------|----------------|----|-----|----|-----|----|-----|----|-----|----|-----|----|-----|----|-----|-----------------------------------------------|---------| | Serial No. | Name | Nature of work | Group No. | Period of work | Sunday || Monday || Tuesday || Wednes-day || Thurs-day || Friday || Satur-day || Records of transfer from one group to another | Remarks | | | | | | | In | Out | In | Out | In | Out | In | Out | In | Out | In | Out | In | Out | Records of transfer from one group to another | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 || 7 || 8 || 9 || 10 || 11 || 12 || 13 | 14 | | | | | | | | | | | | | | | | | | | | | | |

1^st^ .

2^nd^

3^rd^ .

4^th^ .

2^nd^ .

FORM O

(Rules 111 and 112)

OVERTIME MUSTER‑ROLL FOR PERSONS ON EXPORTED WORK

Mont ending .

|--------------------------|-------|------------|-----------------------------------------|--------------------------------------|------------------------|---------------|---------------------|-----------------------|-----------------|--------------------|----------------| | Worker s No. in Register | Name. | Department | Date on which overtime has been worked. | Extent of overtime on each occasion. | Total overtime worked. | Normal hours. | Normal rate of pay. | Over-time rate of pay | Normal earnings | Over-time earnings | Total earnings |

FORM P

(Rule 115 (1))

REGISTER OF WORKERS EXEMPTED FROM THE PROVISIONS OF SECTION 35 OF THE FACTORIES ACT

|------------|-------------------------------|------|-----------------------|------------------------------------|------|---------------|---------------|-------------|-----------------|----|---|---|---|---|---|-----------------|-----------------------------------------|---------|---| | Serial No. | No in the register of workers | Name | Group of relay number | Number and date of exempting order | Year | Jan. to March | April to June | July to Sep | October to Dec. | Jan. to March || April to June || July to Sep. || October to Dec. | Lost rest days carried to the next year | Remarks | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 || 13 || 14 || 15 | 16 || | | | | | | | | | | | | | | | | | | | | |

FORM Q

COMPENSATORY HOLIDAYS ANNUAL RETURN

For the year ending 31^st^ December, 19 for the season ending

Name of Factory ...................................................................................................................

Name of Occupier ..................................... Name of Manager ......................................

  1. District.

  2. Postal Address.

  3. Nature of Industry.

  4. No. of workers exempted from section 35 of the Factories Act.

Men.......................................

Women..................................

(i) Same month.

(2) Following month.

(3) Third month.

(4) Fourth month.

FORM R

(Rule 116)

REGISTER OF HOLIDAYS WITH PAY

PART I ADULTS

PART II CHILDREN

Factory ..

Department .

|------------|----------------------------------------------------|------|----------------|----------------------------|------------------------|-------------------|--------------------------|----------------------------|---------| | | | | | | Interruption ||||| | Serial No. | Serial No. on the Register of Adult/ Child Workers | Name | Father's name. | Date of entry into service | Sickness and accident. | Authorized leave. | Lockout or legal strike. | Involuntary unem ployment. | Others. | | | | | | | | | | | |

|--------------------------------|---------------------------------------------------------|----------------------------------------------|---------------|---------------|----------------------|--------------------|----------------------------------------------------------|---------| | | | | Remuneration paid on Discharged Workers. ||||| | | Holidays due with effect from. | Whether holidays not desired during the next 12 months. | Date from which the worker is allowed leave. | First moiety. | Second moiety | Name of the nominee. | Date of discharge. | Date and amount of payment made in lieu of holidays due. | Remarks | | | | | | | | | | |

FORM `S'

HOLIDAYS WITH PAY ANNUAL RETURN

Name of Factory ..................................... Return of the year ending 31^st^ December, 19

Name of Occupier ................................. Name of Manager ......................................

  1. District .........................................................................................................

  2. Postal Address ............................................................................................

  3. Nature of Industry .......................................................................................

Total number of persons employed during the year

Men ..

Women .

Children .

Number of persons who completed twelve months continuous service during the year .....................................................

Number of persons who were granted holidays during the year .........

Number of persons who gave notice not to avail themselves of holidays during the year in which holidays accrued.

FORM T

(Rule 117)

HOLIDAY BOOK

Will be the same as the Register of Holidays with Pay. Will be made out for each worker ors a thick bound sheet.

FORM U

(Rule 130)

REGISTER OF CHILD WORKERS UNDER SECTION 56 OF THE FACTORIES ACT

For the month of . ..

From Name of factory

1st period Name of factory

Rest interval Place where situated ..

|------------|-------|----------------|--------------------|-----------------|--------|--------|-------------------------|--------------------------|---------| | Serial No. | Name. | Father s Name. | Caste or Religion. | Nature of Work. | Group. | Relay. | Provisional Certificate | Provisional Certificate. | Remarks | | Serial No. | Name. | Father s Name. | Caste or Religion. | Nature of Work. | Group. | Relay. | No. Date. | No. Date. | Remarks |

FORM V

[Rule 132(1)]

ANNUAL RETURN

Name of factory. Return for the year ending 31st December, 19

season ending.

Name of Occupier Name of Manager

|-------------------------------------------------------------------------------------------------------------------| | Adults Men. Women. 4. Average number of workers employed daily. Adolescents. Male. Female. Children. Boys. Girls. |

  1. Normal hours worked per week.

  2. Number of days worked in the year.

  3. What rest intervals were given to adults?

  4. What rest intervals were given to children?

  5. Were week days sometimes substituted for Sundays as weekly holidays?

|------------------------------------------------------------------------------------------| | 34 35 10. Were the majority of workers exempted from the provisions of sections--- 37 38 |

  1. Was the factory exempted under the second proviso to section 41(1) of the Factories Act ?

Dated Signature of Manager ..

FORM W .

[Rule 132 (2)]

HALF‑YEARLY RETURN

For the Half‑year ending 30^th^ June 19 ....................

31st December, 19 .............

Name of factory.

Name of Occupier.

Flame of Manager.

  1. District,

  2. Nature of industry.

| Adults. Men. Women. Adolescents. 4. Average number of workers employed daily. Male Female. Children. Boys. Girls. |

Dated . Signature of Manager .

APPENDIX‑‑I

[Rule 94 (1)]

(a) In factories employing more than 9; but less than 21 workers each first‑aid box or cupboard shall contain‑

(i) Printed instructions in English and in the languages commonly in use in the District where the factory is situated, for treatment of different types of injuries as per Appendix‑II.

(ii) A sufficient number (not less than six) of small (sterilized) dressings for fingers.

(iii) A sufficient number (not less than three) of medium size (steri lized) dressings for

hands and felt.

(iv) A sufficient number (not less than six) of small (sterilized) dressings for other parts of the body.

(v) A sufficient number of sterilized dressings (small and large) for burns.

(vi) A two per sent alcoholic solution of iodine or a one percent aqueous solution of gentian violet.

(vii) A bottle of sal volatile, having the doze and mode of adminis tration indicated on the lable.

(viii) Eye drops.

(b) In factories employing more than 20`, but less than 51 workers each first‑aid box or cupboard shall contain‑..

(i) Printed instructions in English and in the languages commonly in use in the District where the factory is situated, for the treatment of different types of injuries as per Appendix‑II.

(ii) A sufficient number (not less than a dozen) small (sterilized) dressings for fingers.

(iii) A sufficient number (not less than six) of medium (sterilized) dressings for hands and feet.

(iv) A sufficient number (not less than six) of large (sterilized) dressings for other parts of the body.

(vi) A sufficient supply of sterilized cotton wool in 1/2 oz. packets:

(vii) A bottle of sal volatile, having the doze and mode of adminis tration indicated on the label.

(viii) A two per cent alcoholic solution of iodine.

(ix) Eye drops.

(x) A supply of suitable splints and cotton wool or other material for paddings.

(xi) A supply of adhesive plaster.

(xii) Atourniquets.

(xiii) Six roller bandages.

(xiv) Three triangular bandages.

(xv) Safety pins.

**Note 1----**Item (x) to (xv) need not be included in the first‑aid box or cupboard where there is a properly equipped ambulance room, or where at least one box, containing such items and placed and maintained in accordance with the requirements, is separately provided.

Note 2.‑--- Each first‑aid box or cupboard shall be distinctively marked with the words "First‑aid.

(c) For factories employing more than 50 workers‑--

(i) Printed instructions in English and in the languages commonly in use in the District, where the factory is situated for treat ment of different types of injuries as per Appendix‑II.

(ii) A sufficient number (not less than two dozen) small (sterilized) dressings for fingers.

(iii) A sufficient number (not less than one dozen) of medium size (sterilized) dressings for hands and feet.

(iv) A sufficient number (not less than one dozen) of large (steri lized) dressings for other parts of the body.

(v) A sufficient number of sterilized burn dressings (small and large).

(vi) A two per cent alcoholic solution of iodine.

(vii) A sufficient supply of sterilized cotton wool in 1/2 oz. packets.

(viii) A bottle of sal volatile, having the doze and mode of administration indicated on the label.

(xiii) One dozen roller bandages.

(xiv) Half dozen triangular bandages.

Note 1.‑-- Item (x) to (xv) need not be included in the first‑aid box or cupboard where there is a properly equipped ambulance room or where at least one box, containing such items and placed and maintained in accordance with the requirements, is separately provided.

Note 2.‑-- Each first‑aid box or cupboard shall be distinctively marked with the words "First‑aid."

(d) For factories in which owing to the nature of the manufacturing process additional materials or appliances are necessary for the treatment of injuries such additional materials or appliances (including a stretcher) shall be maintained as the Inspector may, by written order, require.

(e) All materials for dressings contained in first‑aid boxes or cup‑board shall be those designated in and of a grade of quality not lower than the standard prescribed by the British Pharmaceutical Cede, 1923.

(f) Notices in Urdu and in the languages commonly in use in the District shall be affixed and maintained in every work-room, stating the nearest first‑aid box or cupboard in respect of that room, also warning workers of the dangers of neglecting even small injuries and urging them to obtain proper treatment.

APPENDIX‑II.

[Rule 94 (2)]

I. Treat every scratch or slight wound immediately.

  1. Apply iodine solution over the broken surface once and allow to dry.

  2. Do not attempt to wash the wound.

  3. Apply a sterilized dressing. A bandage can be applied over this dressing, if necessary. Do not touch the part of the sterilized dressing which is put next to the wound.

  4. Iodine sterilizes the wound and makes any dirt harmless.

  5. Hands are never free from germs, and should never touch the wound or the part of the dressing to be applied to the wound.

A BURN OR A SCALD

  1. Cover the injured part with a dry sterilized burn dressing.

ACID BURNS

  1. Ointment or oil, such as canon oil, should not be used for a first- aid dressing. Carron oil is not sterile. Its use may also interfere with any subsequent treatment by a doctor or in the ambulance room.

  2. Do not prick a blister, except under medical advice, it is not part of the first‑aid treatment.

  3. Flood the burn with cold water.

  4. Sprinkle the burnt area (after flooding) with powder bicarbonate of soda.

  5. Apply a "sterilized dressing" of suitable size.

  6. Iodine should never be used for burns or dermatitis.

BYE INJURIES

  1. Prevention is better than cure and, therefore, if your work entails danger to the eyes, wear goggles. Goggles have saved hundreds of eyes, thousands have been lost for want of them.

A FOREIGN BODY IN THE EYE

  1. Apply two or three eye drops to the effected eye‑ball. Cover with an. eye shade and go to a doctor at once.

  2. Do not try to remove any particle which cannot be brushed away.

Note.‑-- The treatment recommended should be carried out immediately. The longer the delay the greater the risk of blood poisoning.

It is first‑aid treatment and is not intended to replace any subse quent treatment which may be necessary by a doctor or in the ambulance room.

APPENDIX‑III

(Rule 131)

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