Factories (Punjab) Exempting Rules, 2000

Factories (Punjab) Exempting Rules, 2000

Published vide Punjab Notification No. 21/35/99-2Lab-2/4461, dated 3.1.2001

Pu785

Department of Labour and Employment (Labour-II Branch)

No. 21/35/99-2Lab-II/4461. - With reference to Government of Punjab, Department of Labour and Employment Notification No. 21/35/99-2 Lab- II/3656, dated 14th October, 1999 and In exercise of the powers conferred by Section 64 read with Section 112 of the Factories Act,1948 (Central Act No. 63 of 1948), and all other powers enabling him in this behalf, the Governor of Punjab Is pleased to mike the following rules, namely :-

Short title, extent and duration.- (1) These rules may be called the Factories Punjab Exempting Rules, 2000.

(2) They shall extend to the whole of the State of Punjab.

(3) They shall come Into force on and with effect from the date of their publication in the Official Gazette and shall remain in force for a period of five years from the date of their enforcement.

Definitions.- In these rules, unless the context. otherwise requires,

(a) "Act" means the Factories Act, 1948;

(b) "Chief Inspector" means the Chief Inspector appointed under sub-section (2) of Sections;

(d) "Section" means a Section of the Act;

(e) "Head of the Department" means an officer holding independent charge of any department In any factory; and

(f) "Inspector" means the Inspector appointed under sub-section (1) of Section 8.

Persons holding position of supervision or management or confidential position etc. [Section 64].- The following persons in factories shall be deemed to hold position of supervision or management and to be employed In confidential position :-

(i) Managing Director, President, Chief Executive or Senior-Vice President, Vice-President or General Manager;

(ii) Deputy General Manager or Manager or Factory Manager;

(iii) Deputy Manager or Deputy Factory Manager, Assistant Manager or Assistant Factory Manager;

(iv) Chief Welfare Officer or Welfare Officer or Labour Welfare Officer;

(v) Heads of Departments;

(vi) Superintendent Engineer;

(vii) Executive Engineer or Assistant Engineer;

(viii) Secretary or Personal Assistant to the persons, listed above at serial numbers (i) to (vii)

(ix) Sub-Station Engineer;

(x) Junior Engineer, Head Electrician, Sub-Station Operator or Sub-Station Assistant;

(xi) Supervisor or Foreman;

(xiii) Head Store Keeper or Store Keeper;

(xiii) Head Time Keeper or Time Keeper;

(xiv) Store Purchase Officer; and

(xv) any other person employed as such and so declare - by the Chief Inspector in writing.

List to be maintained of persons holding confidential position or Position of supervision or management. [Section 64].- A list showing the names and designations of all persons referred to in rule 3 shall be, maintained in every factory.
Exemption of certain adult workers. [Section 64].- (1) Adult workers engaged In factories, specified In column 2 of the Schedule given below on the work specified In column 3, are exempted from the provision of the sections specified In column 4 subject to the conditions, If any specified in column thereof. (2) Except In the case of urgent repairs covered by item 1 of the sold Schedule In which case conditions (a), (c) and (e) shall not apply, the exemption shall be subject to the following conditions, namely :-

(a) in case of exemption from section 51 and 54, no worker shall work for more than ton hours in a day or sixty hours in a week;

(b) in the ease of exemption from section 55, sufficient time though not fixed, shall be given for meals to the satisfaction of the Inspector concerned;

(d) the payment of wages for overtime work done shall be paid as required by section 59 and

(e) the spread over inclusive of Intervals for rest shall not exceed twelve hours in any one day.

Schedule

(See rule 5)

Section empowering the grant of exemption	Class of factories	Nature of work	Extent of exemption	Conditions
1	2	3	4	5
64(2)(a) and 64(3)	All factories	Urgent repairs - The following shall be considered to be urgent repairs, namely :-	Sections 51, 52, 54, 55, 56 and 61	(i) No worker shall be employed for more than fifteen hours on any one day or thirty-nine hours during any three consecutive days or seventy hours during each period of seven consecutive days commencing from his first employment on such repairs;
		(a) repairs to any part of the machinery plant or structure of a factory which are of such a nature that delay in their exectution would involve danger to human life or safety or the stoppage of manufacturing process;
64(2)(b) and 64(3)	(1) All factoiies	(i) Work in the machine, smithy or foundary shops in connection with the mill gearing, electric driving or lighting apparatus, mechanical or electrical lifts or steam or water pipes or pumps;	Sections 51, 54, 55, 56 and 61	The exemption shall be granted only in respect of a limited number of persons to be given by the Chief Inspector or application by the Manager through the Inspector concerned.
		(ii) Work of examination or repairing any machinery or part of the plant which is necessary for carrying on the work in the factory; and	Sections 51, 54, 55, 56 and 61	The exemption shall be granted only in respect of a limited number of persons to be given by the Chief Inspector on application by the Manager through the Inspector concerned.
		(iii) Work in engine room, boiler houses and furnances in rolling mills such as lighting fires, in order to generate steam or gas preparatory to the commencement of regular work in the factory	Sections 51, 54, 55, 56 and 61	The exemption shall be granted only in respect of a limited number of persons to be given by the Chief Inspector on application by the Manager through the Inspector concerned.
	(2) Iron, Steel, Brass or Copper Rolling Millss	Work in connection with roll changing	Sections 54, 55, 56 and 61	The exemption shall be granted only in respect of a limited number of persons to be given by the Chief Inspector on application by the Manager through the Inspector concerned.
		(b) break-down, repairs to motive, power transmission or other essential plant of the factories, collieries, railways, tramways, motor transport, gas, electrical generation and transmission, pumping or a similar essential or public utility services carried out in general engineering works and foundries and which are necessary to enable such units to maintain their main manufacturing processes production or services during normal working hours; and		(ii) within twenty-four hours of the commencement of the work, notice shall be sent to the Inspector describing the nature of the urgent repair stating the names of persons employed and the exact time of commencement of work and the probable period for its completion. A copy of the above notice shall be displayed at a conspicuous place in the factory before the workers be are engaged on urgent repairs.
		(c) repairs in connection with a change of motive power for example, from steam to electricity or vice versa, when such work cannot possibly be done without stoppage of the normal manufacturing process; and		(iii) Exemption from the provisions of section 54 shall apply only in the case of male adult workers; (iv) No worker shall be employed for more than 14 consecutive days without a rest of 24 hours.
		Explanations :
		(d) "Periodical cleaning"is not included in the terms examining"or "repairing".
64(2)(c) and 64(3)	All factories	(i) Work performed by workers on lighting, ventilating and humidifying apparatus;	Sections 51, 54, 55, 56 and 61	A notice describing the system of work change of shifts and grant of weekly holidays, shall be sent to the Inspector and the Chief Inspector in advance and no change shall be made without prior intimation to the Inspector and the Chief Inspector and further subject to the provisions of Sections 61 and 63;
		(ii) Work performed by fire pump men; and
		(iii) Workers engaged in loading or unloading or transporting raw materials or finished articles in factories where such work is intermittent		A notice describing the system of work, change of shifts and grant of weekly holidays, shall be sent to the Inspector and Chief Inspector in advance and no change shall be made without prior intimation to the Inspector and the Chief Inspector and further subject tot he provisions of sections 61 and 63,
64(2)(d) and 64(3)	(1) All factories	Work relating to continuous process declared as such by Chief Inspector	Sections 51, 52, 54, 55, 56 and 61	In the absence of a worker who has failed to attend to his duty, a shift worker be allowed or work the whole or part of a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) whithin twenty-favour hours of commencement of the subsequent shift, a notice shall be sent to the Inspector describing the circumstances under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(2) Oil tank installations	Work connected with pumping operations	Sections 51, 52, 55, 56 and 61	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift :
				Provided that,-
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty-favour hours of the commencement of the subseqeunt shift, a notice shall be sent to the Inspector describing the circumstances under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(3) Hydro or Thermal Power generating or transforming stations	Continuous work for generating or transfor-electricity ming	Sections 51, 52, 54, 55, 56 and 61	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift :
				Provided that, -
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of the subsequent shift, a notice shall be sent to the Inspector describing the circumstnaces under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(4) Sugar factories	(i) Work relating to the extractions of juice from the cane, clarification, evaporation or boilding of juice;	Sections 51, 52, 54, 55, 56 and 61	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift;
		(ii) Curing of massecuite; and		Provided that -
		(iii) Bagging		(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within Twenty four hours of the commencement of the subsequent shift, a notice shall be sent to the Inspector describing the circumstances under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shal be restricted to the male adult workers only.
	(5) Distilleries	Work relating to fermentation and distillation	Sections 51, 52, 54, 55, 56 and 61	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift :
				Provided that -
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of the subsequent shift, a notice shall be sent to the Inspector describing the circumstnaces under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(6) Chemical factories	(i) Work connected with burning of sulphur, ammoniation, chlorination, carbonation, preparation, and purification of gases; and	Sections 52, 54 and 55	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent work. Provided that -
		(ii) work on reactors		(i) the next shift of the workers shall not commence before a period of sixteen hours has elapsed;
				(ii) within Twenty-four hours of the commencement of the subsequent shift, a notice, shall be sent to the Inspector describing the circumstances under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(7) Hydrogeneration of oil factories	Work of refining bleaching filtering, deodourising generation of Hydrogen, compression of gases and filling of cylinders	Sections 52, 54 and 55	In the absence of a worker who has failed to atend to his duty, a shift worker shall be allowed to work the wole or part of a subsequent shift/;
				Provided that -
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of the subsequent shift, a notice shall be sent to the Inspector, describing the circumstnaces under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(8) Paper factories	Work on choppers, kneaders digestors, strainers, washers beaters, paper making machines, pumping plant, reelers and cutters	Sections 52, 54 and 55	In the absence a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift;
				Provided that -
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of the subsequent shift, a notice, shall be sent to the Inspector, describing the circumstnaces under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult worker only.
	(9) Rubber tyres factories	Work on curing	Sections 51, 54, 55 and 56	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift;
				Provided that -
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of the subsequent shift, a notice, shall be sent to the Inspector, describing the circumstnaces under which the worker is required to worker in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(10) Municipal, Public and Railway Water and Sewarage Pumping Stations	All workers engaged in continuous process work	Sections 52 and 55	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift : Provided that -
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of the subsequent shift, a notice shall be sent to the Inspector, describing the circumstances under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(11) Tanneries	Work of Soaking, liming washing, bathing, tanning and drying of hide a kips and skins	Sections 52 and 55	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift;
				Provided that ,-
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty four hours of the commencement of the subsequent shift, a notice shall be sent to the Inspector, describing the circumstnaces under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shal be restricted to the male adult worker only.
	(12) Bricks	Work in kiln burners	Sections 52 and 56	In the absence of a worker who has failed to attend to his duty, a shift worker shall be be allowed to work the whole or part of a subsequent shift :
				Provided that -
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of the subsequent shift, a notice shall be sent to the Inspector, describing the circumstnaces under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(13) Roller Flour Mills	All work	Sections 52 and 56	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift :
				Provided that,-
				(i) the next shift of the worker shall not commence before a period of sixteen fours hours has elapsed;
				(ii) within twenty-four hours of the commencement of the subsequent shift, a notice shall be sent to the Inspector, describing the circumstnaces under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(14) Soap	Working on soap boilling and soap drying pans	Sections 52 and 55	In the absence of a worker who has fialed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift :
				Provided that -
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elpased;
				(ii) within twenty-four hours of the commencement of the subsequent shift, a notice shall be sent to the Inspector, describing the circumstnaces, under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male aedult wokers only.
	(15) Textile Dyeing Factories	Work connected with dyeing, bleaching, finishing and printing	Sections 51, 52, 54, 55 and 56	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift :
				Provided that,-
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of the subsequent shift, a notice, shall be sent to the Inspector, describing the circumstnaces under which the worker is resured to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(16) Rayon Soilk	All work connected with manufacture of acerone and cellulose/acetate producer, gas, aceticacid, aldehide cellulose dope	Sections 51, 52, 54, 55 and 56	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subsequent shift :
				Provided that,-
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of commencement of the subsequent shift, a notice shall be sent to the Inspector, describing the circumstnaces under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(17) Glass Factories	Moulding and blowing	Sections 52 and 55	In the absence of a worker who has failed to attend to his duty a shift worker shall be allowed to work the whole or part of a subsequent shift :
				Provided that -
				(i) the next shift of the worker shall not commence before a period of sixteen hours elapsed;
				(ii) within twenty-four hours of the commencement of the subseqeunt shift, a notice shall be sent to the Inspector describing the circumstances under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
	(18) Enamelling Work	Work in furnance enamelling	Sections 52 and 55	In the absence of a worker who has failed to attend to his duty, a shift worker shall be allowed to work the whole or part of a subseqeunt shift :
				Provided that,-
				(i) the next shift of the worker shall not commence before a period of sixteen hours has elapsed;
				(ii) within twenty-four hours of the commencement of the subsequent shift, a notice shall be sent to the Inspector, describing the circumstances under which the worker is required to work in the subsequent shift; and
				(iii) the exemption shall be restricted to the male adult workers only.
64(2)(d) and 649()	(19) Fruit, Vegetables and Canning Factories	All work enaged in continuous process work	Sections 51, 52, 54, 55, 56 and 61	Exemption from the provisions of section 61 of the Act will apply in so for as it relates to the specifications of the periods of rest intervals in the notice of work.
64(2)(f) and 64(3)	(20) Rice Mills	Work of persons engaged in boilding, drying, lifting and storing of paddy in rice mills	Section 55	Exemption from the provisions of section 61 of the Act, will apply in so far as it relates to the specifications of the period sof rest intervals in the notice of work.
64(2)(1) and 64(3)	(21) News Papers Printing Press	Break down of machinery	Sections 51, 54, 56 and 61	(1)(i) The spread over shall not exceed tweleve hours on any day;
				(ii) Notice shall be given to the Inspector concerned within twenty-four hours of the occurrence whenever this exemption is availed of in any emergency; and
				(iii) Exemption from the provisions of section 61 of the Act will apply in so far as it relates to the specifications of the periods of rest intervals in the notice of work periods.
				(2) Ever such workerl shall be allowed adequate time to take light refreshments or meals at the place of his employment in the room or place specially provided for the purpose and arranged in such a manner that it may not cause inconvenience to the worker and at the same time may not require stopping of any plant, machine or process or the m normal functioning of the factory.
				(3) A notice describing the system of work, change of shifts and grant of weekly holidays shall be sent to the Inspector and the Chief Inspector in advance and no change shall be made therein without the prior intimation to the Inspector and the Chief Inspector and subject further to the provisions of sections 61 and 63.
64(2)(i) and 64(3)	(22) All factories	Loading and un-loading of railway vagons, lorries and trucks	Sections 51, 52, 54, 55 and 61	(1) (i) The spread over shall not exceed twelve hours on any day;
				(ii) Notice shall be given to the Inspector concenred within twentyfour hours of the occurrence whenever this exemption is availed of in any emergecy; and
				(iii) Exemption from the provisions of section 61 will apply in so far as it relates to the specifications of the periods of rest intervals in the notice of work periods.
				(2) Every such worker shall be allowed adequate time to take light refreshment or meals at the place of his employment in a room or place specially provided for the purpose and arrnaged in such a manner that it may not cause inconvenience to the work and at the same time may not require stopping of any plant, machine or process or the normal functioning of the factory.
				(3) Every worker shall be allowed at least one weekly holiday in every week on the average and whenever in any week the permitted hours of work daily or weekily exceed, extra wages for overtime on any particular day on in any particular week shall be paid in accordance with the provisions of Section 59.
64(2)(k) and 64(3)	(23) All factories	Any work which notified by the State Government in Official Gazette as a work of national importance	Sections 51, 52, 54, 56 and 61	(i) The spread over shall not exceed, twelver hours on any day;
				(ii) Notice shall be given to the Inspectors concerned within twenty four hours of the occurrence when ever this exemption is availed of in any emergency; and
				(iii) Exemption from the provisions of section 61 will apply in so far as it relates to the specifications of the periods or rest intervals in the notice of work periods.
				(2) Every such worker shall be allowed adequate time to take light refreshments or meals at the place of his employment in a room or a place specially provided for the purpose and arranged in such a manner that it may not cause in convenience to the work at the same time may not require stopping of any plant, machine or process or normal functioning of the factory.
				(3) Every worker shall be allowed at least one weekly holidays in every week on the average and whenever in any week the permitted hours of work, daily or weekly exceed, extra wages for overtime on any particular day or in any particular weeks, shall be paid in accordance with the provisions of Section 59.