The Orissa Factories (Exemption) Rules, 1996
Published vide Notification No. S.R.O. No. 483/86, Orissa Gazette Extraordinary No. 33, dated 16.8.1996
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S.R.O. No. 483/86. - Whereas the draft of the Orissa Factories (Exemption) Rules, 1995 was published as required by Sub-section (1) of Section 115 of the Factories Act, 1948 (63 of 1948),in the Orissa Gazette, dated the 31st March 1995 under the notification of the Government of Orissa in the Labour & Employment Department No.22276-LL-IV-36/94, dated the 14th February 1995, as S.R.O. No. 203/95 inviting objections and suggestions from all persons likely to be effected thereby till the expiry of a period of forty-five days from the date of publication of the said notification in the Orissa Gazette;
And whereas no objection or suggestion has been received during the stipulated period in respect of the draft;
Now, therefore, in exercise of the powers conferred by Section 64 read with Section 112 of the said Act, State Government do hereby makes the following rules, namely:
- (i) These rules may be called the Orissa Factories (Exemption) Rules, 1996.
(ii) They shall come into force on the date of their publication in the Orissa Gazette.
- (1) In these rules, unless the context otherwise requires :
(a) "Act" means the Factories Act, 1948;
(b) "Section" means a section of the Act;
(2) All other words and expressions used but not defined in these rules shall have the same meaning as respectively assigned to them in the Act.
- (1) The following persons employed in a factory shall be deemed to be the persons holding positions of supervision or management for the purposes of Sub-section (1) of Section 64, namely ;
(a) Manager; and
(b) Any other person who, in the opinion of the Chief Inspector, holds a position of supervision or management.
(2) All persons who, in the opinion of the Chief Inspector holds a confidential position, shall be deemed to have been employed in a confidential position in the factory.
(3) A list showing the names and designation of all persons defined under Sub-rule (1) shall be maintained and shall be made available in every factory for examination by the Inspector.
(4) Adult workers engaged in factories specified under column (3) of the schedule given belows, on the work specified under column (4) of the said schedule shall, subject to the conditions, if any, specified under column (6) be exempted from the provisions of the sections specified under column (5) of the said schedule :
Provided that on Female Adult Worker shall be Required or Allowed to Work for More than Nine Hours in any Day.
Schedule
| Sl. No. | Section of the act empowering grant of exemption | Class of factory | Nature of exempted work | Extent of exemption | Conditions | |||
| 1 | 2 | 3 | 4 | 5 | 6 | |||
| 1. | 64 (2)(a) and 64(3) | All Factories | Urgent repairs | Sections 51, 52, 54, 55, 56 and 61 | (a) Written notice to the Inspector of Factories describing briefly the nature of urgent repairs and the probable period of their duration shall be sent within twenty-four hours from the commencement of the work on urgent repair. | |||
| (b) If the Inspector is of opinion that any work being carried on in a factory as urgent repairs is not urgent repairs the Inspector shall serve on the Manager an order to that effect and the Manager shall in respect of such work not allow any worker to work in contravention of the provisions of Sections 51, 52, 54, 55 and 56 and shall comply with Section 61. | ||||||||
| (c) No worker shall be employed on such work for more than- | ||||||||
| (i) ten consecutive days without a holiday for a whole day, | ||||||||
| (ii) fifteen hours on any one day; | ||||||||
| (iii) thirty-nine hours during any three consecutive days; or | ||||||||
| (iv) sixty-six hours during each period of seven consecutive days; and | ||||||||
| (d) a statement showing the total number of hours worked each day in the week by each worker shall be sent to the Inspector within thirty-six hours after the completion of the work. | ||||||||
| 2. | 64(2)(b) and 64 (3) | All factories other than those on continuous process | 1. Work in the machine shop, the smithy or the foundry or in connection with the mill gearing, the electric driving or lighting apparatus, the mechanical or electrical lights or the steam or water pipe or pumps of a factory. | Sections 51, 54, 55, 56 and 61 | The limits of work inclusive of overtime shall not exceed those mentioned in Sub-section (4) of Section 64. | |||
| 2. Work-of examining or repairing any machinery or other part of the plant which is necessary for carrying on the work in factory. | ||||||||
| 3. Work in boiler houses and engine rooms, such as lighting fires in order to raise steam or generate gas preparatory to the commencement of regular work in the factory. | ||||||||
| 3. | 62(2)(c) and 64 (3) | All factories | Work performed by drivers, on lighting, ventilating and humidifying apparatus. Work performed by fire pump-men. | Sections 51, 54, 55, 56, 56 and 61 | The limits of work inclusive of overtime shall not exceed those mentioned in Sub-section (4) of Section 64. | |||
| 4. | 64 (2)(d) and 64 (3) | Oil tank installation | Work performed by workers in connection with pumping operations | Section 51, 52, 54, 55, 56 and 61 | Ditto | |||
| 5. | 64(2)(b) | Ditto | Work performed by furnacement and firemen | Sections 51, 54, 55 and 56 | Ditto | |||
| 6. | 64 (2)(d) | Public electricity supply factories generating electricity in any manner and those engine rooms and boiler departments generating electricity in any manner for their own use employing workers on shift | Operation maintenance of (i) Prime movers and auxiliaries, generators, transformers and switch gears; (ii) Boilers and auxiliaries. | Sections 51, 52, 54, 55 and 56 | (a) The workers shall be allowed to work on shifts of not longer than eight hours durations | |||
| (b) No such worker shall be employed more than fourteen consecutive days without a compensatory rest period of at least twenty hours at one time. | ||||||||
| (c) No such worker shall be employed so as to work in excess of any of the limits specified in Sub-section (4) of Section 61 : | ||||||||
| Provided that in the absence of a worker who has failed to report for duty, a shift worker may be allowed to work to whole or part of a subsequent shift on condition that - | ||||||||
| (i) the next shift of the shift worker shall not commence before a period of 15 hours has elapsed after the specified stopping time of the shift to which the worker belongs; | ||||||||
| (ii) the circumstances under which the worker is required to work in the subsequent shift shall be noted immediately in the remarks column of the register of adult workers. | ||||||||
| (d) No worker shall be allowed to work more than 56 hours in any one week except when employed as in proviso to Clause (c) above, but he shall not be allowed to work for more than 64 hours in any one week. | ||||||||
| 7. | 64(2)(d) | Electrical receiving stations and substations or in any factory the department of the factory receiving and distributing electrical energy for the use of the factory | Operation and maintenance of transformer and their auxiliaries including receiving and distribution, switch-gear, lighting arresters, synchronous and other condensers and rotary and static condensers. | Sections 51, 52, 55 and 56 | Ditto | |||
| 8. | 64(2)(d) | Distilleries | Work on the extraction for sugar from various bases, fermentation of sugar juice and distillation of fermented wash | Ditto | Ditto | |||
| 9. | 64(2)(d) | Sugar Factories | Operation beginning with receiving and weighment of cane and ending with bagging of sugar where there is vaccum pan system | Ditto | Ditto | |||
| 10. | 64(2)(d) | Iron and Steel Factories | Operation of blast furnaces, steel melting furnaces Linz and Donawitz Converters, rolling mills and such other work which must proceed concurrently with such operations and must be for technical reason carried on continuously throughout the day. | Ditto | Ditto | |||
| 11. | 64(2)(d) | Coke-oven Plants | Operation of cock-ovens | Ditto | Ditto | |||
| 12. | 64(2)(d) | By product Plants | Recovery and treatment of by-products | Ditto | Ditto | |||
| 13. | 64 (2)(d) | Paper Factories | Work performed by male adult workers on bamboo preparing plant, digester, strainers and washers, beaters, paper making machines, super calendar, acid plant, soda recovery plant, pumping plant, electrolysis plant and bleaching plant, work of lime reburning, gas producer plant, fibre recovery and water clarifier | Sections 51, 52, 55 and 56 | No worker shall be allowed to work more than 56 hours in any one week except when employed as in proviso to Clause (c) above, but he shall not be allowed to work for more than 64 hours in any one week | |||
| 14. | 64 (2)(d) | Cement Factories | All works on continuous process units | Ditto | Ditto | |||
| 15. | 64(2)(d) | Aluminium Factories | All works on continuous process units | Ditto | Ditto | |||
| 16. | 64(2)(d) | Refractories and Potteries | Workers or polishers in all potteries, mixing, moulding, drying, setting and operations of kinds including gas producer | Ditto | Ditto | |||
| 17. | 64(2)(d) | Chemical Factories | All works on continuous process | Ditto | Ditto | |||
| 18. | 64(2)(d) | Vegetable oil hydrogeneration factories | The work viz., refining, bleaching, filtering generation of hydrogen, hydrogenerating deodourising processes also compression of oxygen and the cylinder filling | Ditto | Ditto | |||
| 19. | 64(2)(d) | Ice Factories | Work on the manufacturing/handling of ice | Ditto | Ditto | |||
| 20. | 64(2)(d) | Glass Factories | Work of charging and attending to the post or tanks, attending sheet glass, making machines and fully automatic other glass making machines and firing the furnace | Ditto | No worker shall be allowed to work more than fifty-six hours in any one week except when employed as in proviso to Clause (c) above, but he shall not be allowed to work for more than 64 hours in any one week. | |||
| 21. | 64(2)(d) | Oxygen Factories | Engine and plant drivers, oilers and filling of cylinders | Sections 51, 52, 54, 55 and 56 | Ditto | |||
| 22. | 64(2)(d) | Acetyline Factories | Generation of gas filling of cylinders | Ditto | Ditto | |||
| 23. | 64(2)(d) | Water works and pumping stations | All works | Sections 51, 52, 54, 55 and 56 | Ditto | |||
| 24. | 64(2)(d) | Ferro-alloys Factories | Operation on electric furnaces | Ditto | Ditto | |||
| 25. | 64(2)(d) | Oil Mills | All works on continuous process | Section 55 | The workers shall be allowed to work on shifts of not longer than 8 hours' durations. | |||
| 26. | 64(2)(d) | Flour Mills | All works | Ditto | Ditto | |||
| 27. | 64(2)(d) | Rubber Type Factories | All works on curing process | Sections 55 and 56 | The limits of work inclusive of overtime shall not exceed those mentioned in Sub-section (4) of Section 64. | |||
| 28. | 64(2)(i) and 64(3) | Newspaper Printing Factories | Workers engaged in printing of newspapers who are held up on account of breakdown of machinery | Sections 51, 54, 56 and 61 | Ditto | |||
| 29. | 64(2)(i) and 64(3) | All Factories | Loading and unloading of Railway Wagons, trucks, or lorries | Sections 51, 52, 54, 55, 56 and 61 | The limits of work inclusive of overtime shall not exceed those mentioned in Sub-section (4) of Section 64. | |||
| 30. | 64(2)(b) and 64(3) | Ordinance Factories and the work connected with testing of its products | The work viz., firing gun recovery of fired shells and demolition of blind | Sections 51, 52, 55, 56 and 61 | Ditto | |||
| 31. | 64(2)(h) | All factories other than those on continuous process | Workers engaged in engine rooms and boiler houses, workers attending to power plant machinery and transmission machinery | Section 51 and 52 | No worker shall be employed on such work for more than ten consecutive days without a holiday for a whole day | |||
| 32. | 64 (2)(k) | Printing Presses | Printing of Ballot Papers for Parliament and Assembly Elections | Section 51, 52, 54, 55 and 56 | The limits of work inclusive of overtime shall not exceed those mentioned in Sub-section (4) of Section 64. |
Explanation - "Urgent repairs" means -
(a) break down repairs to the motive powers or plant and machinery of a factory which if not, carried out expeditiously would involve danger to human life or safety or delay in resumption of the main manufacturing process;
(b) break down repairs carried out in general engineering works of foundaries to the motive power or plant of other factories, colleries railways, deek yards, harbours, tramways, meter transport, gas works, electrical generating and pumping stations which necessary to enable such concerns to maintain their services or resume their main manufacturing process with little delay as possible;
(c) break down repairs to ships and air crafts which are essential to enable them to leave part at proper time or continue their normal operation in a sound condition; and
(d) repairs in connection with a change of motive power for example from steam or vice versa when such repairs can not be done without stoppage of the main manufacturing process.
Note - Periodical cleaning is not included within the meaning of the terms "examination or repairing".
