In exercise of the powers conferred by Section 112 read with Section 49
of the Factories Act, 1948 (LXIII of 1948) the Government of Maharashtra hereby
makes the following rules, the same having been previously published as
required by Section 115 of the Said Act namely: (1) These rules may be
called the Maharashtra Welfare Officers (Duties, Qualifications and Conditions
of Service) Rules, 1966. (2) They extend to the
whole of the State of Maharashtra. (1) The occupier of every
factory wherein five hundred or more workers are ordinarily employed, shall
appoint at least one Welfare Officer. (2) Where the number of
workers ordinarily employed in any factory exceeds the number specified in
column 1 of the Table hereto but does not exceed the number specified against
it in column 2 thereof, the occupier of that factory shall also appoint
Additional Welfare Officers or Assistant Welfare Officers as indicated in
column 3 of the said Table. Table Where the number of workers exceeds But does not exceed Number of Assistant or Additional
Welfare Officers 1 2 3 2,500 3,500 One Assistant Welfare Officer 3,500 4,500 One Additional Welfare Officer 4,500 6,500 One Additional Welfare Officer one
Assistant Welfare Officer 6,500 8,500 Two Additional Welfare Officer 8.500 10.500 Two Additional Welfare Officers and
one Assistant Welfare 10,500 Three Additional Welfare Officers (A) A person shall not be
eligible for appointment as a Welfare Officer, Additional Welfare Officer or
Assistant Welfare Officer, unless he,- [1](1) has obtained a
degree or diploma in social science recognised by the State Government in this
behalf, has qualified at a viva voce test conducted, by the [2][Chief
Inspector of Factories] Bombay, as provided in Rule 3-A; and[3] has
got himself enrolled in the list maintained by the [4](1)
[Chief Inspector of Factories] Bombay, under Rule 5; and] [5][(b)
has adequate knowledge of Marathi language.] (2)
No person who is directly or indirectly
interested in any factory or in any patent or machinery connected with it shall
be appointed as a Welfare Officer, Additional Welfare Officer or Assistant
Welfare Officer or shall be allowed to hold such office after he becomes so
interested in the factory. Explanation.- For the
purpose of this sub-rule, any person holding less than two per cent of the
shares of a company owning the factory shall not be deemed to be directly or
indirectly interested in such factory. (3)
The State Government may, subject to
such conditions as it may specify, relax all or any of the qualifications laid
down in this rule in respect of any class of persons. (1) The viva voce test
shall consist of a test of general knowledge and in particular of labour
problems pertaining to the State of Maharashtra. Three chances will be given to
the candidates to appear for the viva-voce test. The fee for each such test
shall be [6][twenty
rupees].][7]][8] (2) The said test shall
be conducted at the beginning of every quarter by a Committee consisting of
the [9][Chief
Inspector of Factories], Bombay,[10][or
his nominee] as the Chairman, and such other Officers not exceeding two,
nominated by Government in this behalf. Explanation.- For the
purpose of this rule.-"quarter" means a period of three consecutive months
beginning on the 1st of January, 1st of April, 1st of July, or the 1st of
October. (1) The post of a Welfare
Officer, Additional Welfare Officer and Assistant Welfare Officer to be filled
in any factory shall be advertised in at least two newspapers circulating in
the region in which the factory is situated, out of which one shall be in an
English newspaper. (2) The selection shall
be made from among the candidates applying for the post, by a Committee appointed
by the occupier of the factory. (3) The appointment when
made shall be notified by the occupier of the State Government or such other
authority as the State Government may specify for the purpose, giving full
details of the qualifications of the persons appointed and the conditions of
the service. (1) For the purpose of
facilitating the recruitment of qualified persons to the posts of Welfare
Officers, Additional Welfare Officers and Assistant Welfare Officers, the
Commissioner of Labour, Bombay, shall maintain a list of candidates suitable
for appointment to those posts, have due regard to the qualifications laid down
in these rules. Such list shall be open for inspection to any occupier of a
factory. (2) Any person desiring
to get himself enrolled in the list maintained under sub-rule (1) may apply in
that behalf to the [11][Chief
Inspector of Factories] in such form as the Commissioner of Labour may
determine. (3) On receipt of an
application under Sub-rule (2), the [12][Chief
Inspector of Factories] may, if satisfied that the applicant is qualified under
these rules for appointment to the post of a Welfare Officer, Additional
Welfare Officer, or Assistant Welfare Officer in factories, include, his name
in the list maintained under Sub-rule (1) and grant him a. certificate of
enrolment. Every, vacancy in the
post of Welfare Officer, Additional Welfare Officer or Assistant welfare
Officer caused by death, dismissal or discharge of the person holding such post
or by any other cause shall be forthwith notified by the occupier to the Chief
Inspector of Factories and shall be filled up within six months of the
occurrence of the vacancy. (1) The Welfare Officer
and the Additional Welfare Officer, if any, appointed in any factory shall be
deemed to hold the rank equal to that of a head of any department in that
factory working under the Chief head of the factory. (2) The Assistant Welfare
Officer appointed in any factory shall be deemed to hold the rank equal to that
of any officer immediately subordinate to the head of a department of that
factory. (3) The conditions of
service of a Welfare Officer, Additional Welfare Officer and Assistant Welfare
Officer shall be the same as those of officers with whose ranks their ranks are
equated by Sub-rules (1) and (2). Whenever any occupier
intends to dismiss or to terminate the service of any Welfare Officer,
Additional Welfare Officer or Assistant Welfare Officer, he shall in advance
communicate his intention to do so and the reasons for such dismissal or
termination of service to the [14][Chief
Inspector of Factories] Bombay and shall not take any action for such dismissal
or termination of service before the expiry of thirty days from the date of
receipt of the communication by the [15][Chief
Inspector of Factories] and without taking into consideration any advice
tendered by the [16][Chief
Inspector of Factories] within the said period. (1) The duties of the
Welfare Officer, Additional Welfare Officer and Assistant Welfare Officer,
shall be,- (i) to establish contacts
and hold consultation with a view to maintaining harmonious relations between
the factory management and workers; (ii) to bring to the
notice of the factory management the grievances of workers, individual as well
as collective, with a view to securing their expeditious redress; (iii) to study and
understand the point of view of labour in order to help the factory management
to shape and formulate labour policies and to interpret these policies to the
workers in a language they can understand; (iv) to watch industrial
relations with a view to using his influence to prevent a dispute arising
between the factory management and workers and in the event of a dispute having
arisen to help bring about a settlement by persuasive efforts; (v) to advise workers
against going on illegal strikes and to advise the management against declaring
illegal lock-outs and to help in preventing anti-social activities; (vi) to maintain an
impartial attitude during lawful strikes or lock-outs and to help bring about a
peaceful settlement; (vii) to advise and assist
the factory management in tie fulfillment of obligations, statutory or
otherwise, concerning the application of the provisions of the Factories Act,
1948, and the rules made there under and to establish liaison with the factory
Inspector and the Medical Service, concerning medical examinations of workers,
health records, supervision of hazardous jobs, sick-visiting and convalescence,
accident, prevention and supervision of safety committee, systematic plant
inspection, safety education, investigation of accidents, maternity benefits
and workmen's compensation; (viii) to promote good
relations between factory management and workers so as to ensure productive
efficiency as well as amelioration in the working conditions and to help
workers to adjust and adapt themselves to their working environments; (ix) to encourage the
formation of works and joint production committees, cooperative societies and
safety first and welfare committees, and to supervise their work; (x) to advise and assist
factory management in making provision for amenities, such as canteens,
shelters for rest, creches, adequate latrine facilities, drinking water,
sickness and benevolent scheme payments, pension and superannuation funds, and
gratuity payments; (xi) to help the factory
management in regulating the grant of leave with wages and explain to workers
the provisions relating to leave with wages and other leave privileges and to
guide the workers in the matter of submission of application for grant of leave
for regulating authorised absence; (xii) to advise and assist
factory management in providing welfare facilities such as housing facilities,
foodstuff, social and recreational facilities, sanitation, education of
children and to advise on individual personal problems; (xiii) to advise the factory
management on questions, relating to training of new starters, apprentices,
workers on transfer and promotion instructors and supervisors, supervision and
control of notice-board and information bulletins to further education of
workers and to encourage their attendance at technical institutes; (xiv) [17][to suggest measures,
such as, an education training in higher skills, propagation of family
programme which will serve to raise the standard of living of workers and in
general promote their well-being]; (xv) to bring to the
notice of workers their rights and liabilities under the Standing Orders of the
factory and other rules which grant rights to, and define the duties of workers
or which are directed to the discipline, safety and protection of workers and
the factory. (2) No Welfare Officer,
Additional Welfare Officer or Assistant Welfare Officer shall deal with
disciplinary cases against workers or appear in courts on behalf of the
management against the workers in labour disputes. If it comes to the
notice of the Chief Inspector of Factories, Bombay, that any Welfare Officer,
Additional Welfare Officer or Assistant Welfare Officer is required or is
permitted by an occupier to do any work which is inconsistent with or
detrimental to the performance of his duties laid down by Rule 9, he may, by an
order in writing, direct that such Welfare Officer, Additional Welfare Officer,
or, as the case may be, Assistant Welfare Officer shall not be required or
permitted to do such work. On the commencement
of these rules. (i) the Welfare Officers
(Recruitment and Conditions of Service) Rules, 1952, as in force in the Bombay
area of the State of Maharashtra; (ii) the Factory Welfare
Officers (Conditions of Service) Rules, 1952, as in force in the Vidarbha
region of the State of Maharashtra; and (iii) the Hyderabad Factory
Welfare Officers (Recruitment and Conditions of Service) Rules, 1956, as in
force in the Hyderabad area of the State of Maharashtra; shall stand repeated,
except as respects things done or omitted to be done under the rules repealed. [1]
Substituted by G.N. of 2.8.1989 [2]
Substituted by G.N. of 2.8.1989 [3]
Substituted by G.N. of 22.9.1971 [4]
Substituted by G.N. of 2.8.1989 [5]
Substituted by G.N. of 22.9.1971 [6]
Substituted by G.N. of 19.3.1991 [7]
Substituted by G.N. of 14.9.1992 [8]
Substituted by G.N. of 14.3.1969 [9]
Substituted by G.N. of 2.8.1989 [10]
Inserted by G.N. of 11.5.1975 [11]
Substituted by G.N. of 2.8.1989 [12]
Substituted by G.N. of 2.8.1989 [13]
Substituted by G.N. of 2.8.1989 [14]
Substituted by G.N. of 2.8.1989 [15]
Substituted by G.N. of 2.8.1989 [16]
Substituted by G.N. of 2.8.1989 [17]
Substituted by G.N. of 2.8.1989THE MAHARASHTRA WELFARE OFFICERS (DUTIES, QUALIFICATIONS AND
CONDITIONS OF SERVICE) RULES, 1966
PREAMBLE