OCCUPATIONAL
SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020 THE
OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020 [Act
No. 37 of 2020] [28th
September, 2020] An
Act to consolidate and amend the laws regulating the occupational safety,
health and working conditions of the persons employed in an establishment and
for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventy-first
Year of the Republic of India as follows:-- (1)
This
Act may be called the Occupational Safety, Health and Working Conditions Code,
2020. (2)
It
shall come into force on such date as the Central Government may, by
notification appoint; and different dates may be appointed for different
provisions of this Code and any reference in any such provision to the
commencement of this Code shall be construed as a reference to the coming into
force of that provision. (3)
It
shall not apply to the offices of the Central Government, offices of the State
Government and any ship of war of any nationality: Provided that the Code shall apply in
case of contract labour employed through contractor in the offices of the Central
Government or in the offices of the State Government, where, the Central
Government or, as the case may be, the State Government is the principal
employer. (1)
In
this Code, unless the context otherwise requires,-- (a)
"adolescent"
shall have the same meaning as assigned to it in clause (i) of section
2 of
the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (61 of
1986); (b)
"adult"
means a person who has completed his eighteenth year of age; (c)
"agent"
when used in relation to a mine, means every person, whether appointed as such
or not, who, acting or purporting to act on behalf of the owner, takes part in
the management, control, supervision or direction of such mine or of any part thereof; (d)
"appropriate
Government" means? (i)
in
relation to, establishments [other than those specified in sub-clause (ii)]
carried on by or under the authority of the Central Government or concerning
any such controlled industry as may be specified in this behalf by the Central
Government or the establishment of railways including metro railways, mines,
oil field, major ports, air transport service or telecommunication service,
banking company or any insurance company (by whatever name called) established
by a Central Act or a corporation or other authority established by a Central
Act or a Central public sector undertaking or subsidiary companies set up by
the Central public sector undertakings or autonomous bodies owned or controlled
by the Central Government, including establishment of contractors for the
purposes of such establishment, corporation or other authority, Central public
sector undertakings, subsidiary companies or autonomous bodies, as the case may
be, the Central Government: Provided that in the case of Central
Public Sector Undertakings the appropriate Government shall continue to be the
Central Government even if the holding of the Central Government reduces to
less than fifty per cent. equity of the Central Government in that Public
Sector Undertakings after the commencement of this Code; and (ii) in relation to a
factory, motor transport undertaking, plantation, newspaper establishment and
establishment relating to beedi and cigar including the establishments not
specified in clause (i), the concerned State Government where it is situated. Explanation.--For the removal of doubts
it is hereby clarified that State Government shall be the appropriate
Government in respect of occupational safety, health and working conditions in
a factory situated in that State; (e)
"audio-visual
production" means audio-visual produced wholly or partly in India and
includes? (i)
animation,
cartoon depiction, audio-visual advertisement; (ii)
digital
production or any of the activities in respect of making thereof; and (iii)
features
films, non-feature films, television, web-based serials, talk shows, reality
shows and sport shows; (f)
"audio-visual
worker" means a person, who is employed, directly or through any
contractor, in or in connection with the audio-visual production to work as an artist
including actor, musician, singer, anchor, news reader, dancer, dubbing artist
or stunt person or to do any work, skilled, unskilled, manual, supervisory,
technical, artistic or otherwise, and his remuneration with respect to such
employment in or in connection with the production of audio-visual does not
exceed, where remuneration is by way of monthly wages or where such
remuneration is by way of lump sum, in each case, such amount as may be
notified by the Central Government; (g)
"banking
company" means a banking company as defined in clause (c) of section
5 of
the Banking Regulation Act, 1949 (10 of 1949) and includes the Export-Import
Bank of India, the Industrial Reconstruction Bank of India, the Small
Industries Development Bank of India established under section
3 of
the Small Industries Development Bank of India Act, 1989 (39 of 1989), the
Reserve Bank of India, the State Bank of India, a corresponding new bank
constituted under section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), a
corresponding new bank constituted under section 3 of the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980); (h)
"building
or other construction work" means the construction, alteration, repairs,
maintenance or demolition in relation to buildings, streets, roads, railways,
tramways, airfields, irrigation, drainage, embankment and navigation works,
flood control works (including storm water drainage works), generation,
transmission and distribution of power, water works (including channels for
distribution of water), oil and gas installations, electric lines, internet
towers, wireless, radio, television, telephone, telegraph and overseas
communications, dams, canals, reservoirs, watercourses, tunnels, bridges,
viaducts, aqua-ducts, pipelines, towers, cooling towers, transmission towers
and such other work as may be specified in this behalf by the Central
Government, by notification, but does not include building or other
construction work which is related to any factory or mine and the building or
other construction work where such work is for own residential purposes of an
individual or group of individuals for their own residence and the total cost
of such work does not exceed rupees fifty lakhs or such higher amount and
employing more than such number of workers as may be notified by the
appropriate Government; (i)
?"building worker" means a person who
is employed to do any highly skilled, skilled, semi-skilled or unskilled,
manual, technical or clerical work for hire or reward, whether the terms of
such employment are express or implied, in connection with any building or
other construction work, but does not include any such person who is employed
mainly in a managerial or supervisory or administrative capacity; (j) ?"cargo" includes anything carried or
to be carried in a ship or other vessel, or vehicle; (k)
"Chief
Inspector-cum-Facilitator" means a Chief Inspector-cum-Facilitator
appointed under sub-section (5) of section 34; (l)
"competent
person", means a person or an institution recognised as such by the Chief
Inspector-cum-Facilitator for the purposes of carrying out tests, examinations
and inspections required to be done in an establishment having regard to? (i)
the
qualifications and experience of the person and facilities available at his
disposal; or (ii)
the
qualifications and experience of the persons employed in such institution and
facilities available therein: Provided that in case of mines the
competent person includes such other person who is authorised by the manager
referred to in section 67 to supervise or perform any work, or to supervise the
operation of machinery, plant or equipment and is responsible for such duties
assigned to him and also includes a shot firer or blaster; (m)
"contract
labour" means a worker who shall be deemed to be employed in or in
connection with the work of an establishment when he is hired in or in
connection with such work by or through a contractor, with or without the
knowledge of the principal employer and includes inter-State migrant worker but
does not include a worker (other than part time employee) who is regularly
employed by the contractor for any activity of his establishment and his
employment is governed by mutually accepted standards of the conditions of
employment (including engagement on permanent basis), and gets periodical
increment in the pay, social security coverage and other welfare benefits in
accordance with the law for the time being in force in such employment; (n)
"contractor",
in relation to an establishment, means a person, who? (i)
undertakes
to produce a given result for the establishment, other than a mere supply of
goods or articles of manufacture to such establishment, through contract
labour; or (ii)
supplies
contract labour for any work of the establishment as mere human resource, and
includes a sub-contractor; (o)
"controlled
industry" means any industry the control of which by the Central
Government has been declared under any Central Act in the public interest; (p)
"core
activity of an establishment" means any activity for which the
establishment is set up and includes any activity which is essential or
necessary to such activity: Provided that the following shall not
be considered as essential or necessary activity, if the establishment is not
set up for such activity, namely:-- (i)
sanitation
works, including sweeping, cleaning, dusting and collection and disposal of all
kinds of waste; (ii)
watch
and ward services including security services; (iii)
canteen
and catering services; (iv)
loading
and unloading operations; (v)
running
of hospitals, educational and training Institutions, guest houses, clubs and
the like where they are in the nature of support services of an establishment; (vi)
courier
services which are in nature of support services of an establishment; (vii)
civil
and other constructional works, including maintenance; (viii)
gardening
and maintenance of lawns and other like activities; (ix)
housekeeping
and laundry services, and other like activities, where these are in nature of
support services of an establishment; (x)
transport
services including, ambulance services; (xi)
any
activity of intermittent nature even if that constitutes a core activity of an
establishment; (q)
"day"
means a period of twenty-four hours beginning at mid-night; (r)
"District
Magistrate", in relation to any mine, means the District Magistrate or the
Deputy Commissioner, as the case may be, who is vested with the executive
powers of maintaining law and order in the revenue district in which the mine
is situated: Provided that in case of a mine, which
is situated partly in one district and partly in another, the District
Magistrate for the purpose shall be the District Magistrate authorised in this
behalf by the Central Government; (s)
"dock
work" means any work in or within the vicinity of any port in connection
with, or required for, or incidental to, the loading, unloading, movement or
storage of cargoes into or from ship or other vessel, port, dock, storage place
or landing place, and includes? (i)
work
in connection with the preparation of ships or other vessels for receipt or
discharge of cargoes or leaving port; (ii)
all
repairing and maintenance processes connected with any hold, tank structure or
lifting machinery or any other storage area on board the ship or in the docks;
and (iii)
chipping,
painting or cleaning of any hold, tank, structure or lifting machinery or any
other storage area on board the ship or in the docks; (t)
"employee"
means,-- (i)
in
respect of an establishment, a person (other than an apprentice engaged under
the Apprentices Act, 1961 (52 of 1961)) employed on wages by an establishment
to do any skilled, semi-skilled, unskilled, manual, operational, supervisory,
managerial, administrative, technical, clerical or any other work, whether the
terms of employment be express or implied; and (ii)
a
person declared to be an employee by the appropriate Government, but
does not include any member of the Armed Forces of the Union: Provided that notwithstanding anything
contained in this clause, in case of a mine a person is said to be "employed"
in a mine who works as the manager or who works under appointment by the owner,
agent or manager of the mine or with the knowledge of the manager, whether for
wages or not-- (iii)
in
any mining operation (including the concomitant operations of handling and
transport of minerals up to the point of dispatch and of gathering sand and
transport thereof to the mine); (iv)
in
operations or services relating to the development of the mine including
construction of plant therein but excluding construction of buildings, roads,
wells and any building work not directly connected with any existing or future
mining operations; (v)
in
operating, servicing, maintaining or repairing any part of any machinery used
in or about the mine; (vi)
in
operations, within the premises of the mine, of loading for dispatch of
minerals; (vii)
in
any office of mine; (viii)
in
any welfare, health, sanitary or conservancy services required to be provided
under this Code relating to mine, or watch and ward, within the premises of the
mine excluding residential area; or (ix)
?in any kind of work, whatsoever, which is
preparatory or incidental to, or connected with, mining operations; (u)
"employer"
means a person who employs, whether directly or through any person, or on his
behalf, or on behalf of any person, one or more employees in his establishment
and where the establishment is carried on by any Department of the Central
Government or the State Government, the authority specified, by the head of such
Department, in this behalf or where no authority, is so specified, the head of
the Department and in relation to an establishment carried on by a local
authority, the Chief Executive of that authority, and includes,-- (i)
in
relation to an establishment which is a factory, the occupier of the factory; (ii)
in
relation to mine, the owner of the mine, agent or manager referred to in
section 67; (iii)
in
relation to any other establishment, the person who, or the authority which has
ultimate control over the affairs of the establishment and where said affairs
are entrusted to a manager or managing director, such manager or managing
director; (iv)
contractor;
and (v)
legal
representative of a deceased employer; (v)
"establishment"
means? (i)
a
place where any industry, trade, business, manufacturing or occupation is carried
on in which ten or more workers are employed; or (ii)
motor
transport undertaking, newspaper establishment, audio-video production,
building and other construction work or plantation, in which ten or more
workers are employed; or (iii)
factory,
for the purpose of Chapter II, in which ten or more workers are employed,
notwithstanding the threshold of workers provided in clause (w); or (iv)
a
mine or port or vicinity of port where dock work is carried out: Provided that in sub-clauses (i) and
(ii), the threshold of worker specified therein shall not be applicable in case
of such establishment or class of establishments, in which such hazardous or
life threatening activity is being carried on, as may be notified by the
Central Government: Provided further that notwithstanding
any threshold provided in the definition of factory in clause (w), for the
purposes of Chapter II, the establishment specified in sub-clause (i) or
sub-clause (ii) or sub-clause (iii) shall be deemed to be the establishment
within the meaning of this clause though the number of employees employed are
ten or more; (w)
"factory"
means any premises including the precincts thereof? (i)
whereon
twenty or more workers are working, or were working on any day of the preceding
twelve months, and in any part of which a manufacturing process is being
carried on with the aid of power, or is ordinarily so carried on; or (ii)
whereon
forty or more workers are working, or were working on any day of the preceding
twelve months, and in any part of which a manufacturing process is being
carried on without the aid of power, or is ordinarily so carried on, but
does not include a mobile unit belonging to the armed forces of the Union,
railways running shed or a hotel, restaurant or eating place: Provided that where under any law for
the time being in force in a State immediately before the commencement of this
Code, the number of workers specified is more or less than the number specified
in clause (i) or clause (ii), then, the number specified under the law of the
State shall prevail in that State till it is amended by the competent
Legislature. Explanation I.--For computing the
number of workers for the purposes of this clause all the workers (in different
groups and relays) in a day shall be taken into account. Explanation II.--For the purposes of
this clause, the mere fact that an Electronic Data Processing Unit or a
Computer Unit is installed in any premises or part thereof, shall not be
construed as factory if no manufacturing process is being carried on in such
premises or part thereof; (x)
"family",
when used in relation to a worker, means? (i)
spouse; (ii)
children
including adopted children of the worker who are dependent upon him and have
not completed the age of eighteen years; and (iii)
parents,
grand-parents, widowed daughter and widowed sister dependent upon such worker. Explanation.--For the purposes of this
clause, such dependents shall not be included who are, for the time being,
getting such income from such sources, as may be prescribed by the appropriate
Government; (y)
"godown"
means any warehouse or other place, by whatever name called, used for the
storage of any article or substance required for any manufacturing process
which means any process for, or incidental to, making, finishing or packing or
otherwise treating any article or substance with a view to its use, sale,
transport, delivery or disposal as finished products; (z)
"hazardous"
means involving danger or potential danger; (aa)
"hazardous
process" means any process or activity in relation to an industry or
plantation specified in the First Schedule where, unless special care is taken,
raw materials used therein or the intermediate or finished products,
bye-products, hazardous substances, wastes or effluents thereof or spraying of
any pesticides, insecticides or chemicals used therein, as the case may be,
would? (i)
cause
material impairment to the health of the persons engaged in or connected
therewith, or (ii)
result
in the pollution of the general environment; (bb)
"hazardous
substance" means any substance or such quantity of the substance as may be
prescribed by the appropriate Government or preparation of which by reason of
its chemical or physio-chemical properties or handling is liable to cause
physical or health hazards to human being or may cause harm to other living
creatures, plants, micro-organisms, property or the environment; (cc)
"industrial
premises" means any place or premises (not being a private dwelling
house), including the precincts thereof, in which or in any part of which any
industry, trade, business, occupation or manufacturing is being ordinarily
carried on with or without the aid of power and includes a godown attached
thereto; (dd)
?"industry" means any systematic
activity carried on by co-operation between an employer and worker (whether
such worker is employed by such employer directly or by or through any agency,
including a contractor) for the production, supply or distribution of goods or
services with a view to satisfy human wants or wishes (not being wants or
wishes which are merely spiritual or religious in nature), whether or not,-- (i)
any
capital has been invested for the purpose of carrying on such activity; or (ii)
such
activity is carried on with a motive to make any gain or profit, but does not
include? (iii)
?institutions owned or managed by organisations
wholly or substantially engaged in any charitable, social or philanthropic
services; or (iv)
any
activity of the appropriate Government relatable to the sovereign functions of
the appropriate Government including all the activities carried on by the
Departments of the Central Government dealing with defence research, atomic
energy and space; or (v)
?any domestic service; or (vi)
any
other activity as may be notified by the Central Government; (ee)
"Inspector-cum-Facilitator"
means an Inspector-cum-Facilitator appointed under sub-section (1) of section
34; (ff)
?"inter-State migrant worker" means a
person who is employed in an establishment and who? (i)
has
been recruited directly by the employer or indirectly through contractor in one
State for employment in such establishment situated in another State; or (ii)
has
come on his own from one State and obtained employment in an establishment of
another State (hereinafter called destination State) or has subsequently
changed the establishment within the destination State, under
an agreement or other arrangement for such employment and draws wages not
exceeding the amount of rupees eighteen thousand per month or such higher
amount as may be notified by the Central Government from time to time; (gg)
"machinery"
means any article or combination of articles assembled, arranged or connected
and which is used or intended to be used for converting any form of energy to
perform work, or which is used or intended to be used, whether incidental
thereto or not, for developing, receiving, storing, containing, confining,
transforming, transmitting, transferring or controlling any form of energy; (hh)
"major
port" means a major port as defined in clause (8) of section
3 of
the Indian Ports Act, 1908 (15 of 1908); (ii)
"manufacturing
process" means any process for? (i)
making,
altering, repairing, ornamenting, finishing, packing, oiling, washing,
cleaning, breaking up, demolishing, or otherwise treating or adapting any
article or substance with a view to its use, sale, transport, delivery or
disposal; or (ii)
pumping
oil, water, sewage or any other substance; or (iii)
generating,
transforming or transmitting power; or (iv)
composing,
printing, printing by letter press, lithography, offset, photogravure screen
printing, three Dimensional or four Dimensional printing, prototyping,
flexography or other types of printing process or book binding; or (v)
constructing,
reconstructing, repairing, refitting, finishing or breaking up ships or
vessels; or (vi)
preserving
or storing any article in cold storage; or (vii)
such
other processes as the Central Government may notify; (jj)
"medical
officer" means the medical officer appointed under sub-section (1) of
section 42; (kk)
"metro
railway" means the metro railway as defined in sub-clause (i) of clause
(1) of section 2 of the Metro Railways (Operation
and Maintenance) Act, 2002 (60 of 2002); (ll)
"mine"
means any excavation where any operation for the purpose of searching for or
obtaining minerals has been or is being carried on and includes? (i)
all
borings, bore holes, oil wells and accessory crude conditioning plants,
including the pipe conveying mineral oil within the oilfields; (ii)
all
shafts, in or adjacent to and belonging to a mine, whether in the course of
being sunk or not; (iii)
all
levels and inclined planes in the course of being driven; (iv)
all
open cast workings; (v)
all
conveyors or aerial ropeways provided for bringing into or removal from a mine
of minerals or other articles or for the removal of refuse there from; (vi)
all
adits, levels, planes, machinery, works, railways, tramways and sidings in or
adjacent to and belonging to a mine; (vii)
all
protective works being carried out in or adjacent to a mine; (viii)
all
workshops and stores situated within the precincts of a mine and under the same
management and used primarily for the purposes connected with that mine or a
number of mines under the same management; (ix)
all
power stations, transformer sub-stations, converter stations, rectifier
stations and accumulator storage stations for supplying electricity solely or
mainly for the purpose of working the mine or a number of mines under the same
management; (x)
any
premises for the time being used for depositing sand or other material for use
in a mine or for depositing refuse from a mine or in which any operations in
connection with such sand refuse or other material is being carried on, being
premises exclusively occupied by the owner of the mine; (xi)
any
premises in or adjacent to and belonging to a mine on which any process
ancillary to the getting, dressing or preparation for sale of minerals or coke
is being carried on; (xii)
a
mine owned by the Government; (mm)
"minerals"
means all substances which can be obtained from the earth by mining, digging,
drilling, dredging, hydraulicing, quarrying or by any other operation and
includes mineral oils (such as natural gas and petroleum); (nn)
"motor
transport undertaking" means a motor transport undertaking employing motor
transport worker and engaged in carrying passengers or goods or both by road
for hire or reward, and includes a private carrier; (oo)
"motor
transport worker" means a person who is employed in a motor transport
undertaking directly or through an agency, whether for wages or not, to work in
a professional capacity on a transport vehicle or to attend the duties in
connection with the arrival, departure, loading or unloading of such transport
vehicle and includes a driver, conductor, cleaner, station staff, line checking
staff, booking clerk, cash clerk, depot clerk, time-keeper, watchman or
attendant, but does not include any such person? (i)
who
is employed in a factory; (ii)
to
whom the provisions of any other law for the time being in force regulating the
conditions of service of persons employed in shops or commercial establishments
apply; (pp)
"newspaper"
means any printed periodical work containing public news or comments on public
news and includes such other class of printed periodical work as may, from time
to time, be notified in this behalf by the Central Government; (qq)
"newspaper
establishment" means an establishment under the control of any person or
body of persons, whether incorporated or not, for the production or publication
of one or more newspapers or for conducting any news agency or syndicate and
includes following newspaper establishments which shall be deemed to be one
establishment, namely:-- (i)
two
or more newspaper establishments under common control; (ii)
two
or more newspaper establishments owned by an individual and his or her spouse
unless it is shown that such spouse is a sole proprietor or partner or a
shareholder of a corporate body on the basis of his or her own individual
funds; (iii)
two
or more newspaper establishments publishing newspapers bearing the same or
similar title and in the same language in any place in India or bearing the
same or similar title but in different languages in the same State or Union
territory. Explanation 1.--For the purposes of sub-clause
(i) two or more establishments shall be deemed to be under common control
where-- (iv)
the
newspaper establishments are owned by a common individual or individuals; (v)
?the newspaper establishments are owned by
firms, if such firms have a substantial number of common partners; (vi)
?the newspaper establishments are owned by
bodies corporate, if one body corporate is a subsidiary of the other body
corporate, or both are subsidiaries of a common holding company or a
substantial number of their equity shares are owned by the same person or group
of persons, whether incorporated or not; (vii)
one
establishment is owned by a body corporate and the other is owned by a firm, if
a substantial number of partners of the firm together hold a substantial number
of equity shares of the body corporate; (viii)
one
is owned by a body corporate and the other is owned by a firm having bodies
corporate as its partners if a substantial number of equity shares of such
bodies corporate are owned, directly or indirectly, by the same person or group
of persons, whether incorporated or not, or (ix)
there
is functional integrality between concerned newspaper establishments. Explanation 2.--For the purposes of
this clause,-- (x)
different
departments, branches and centres of newspaper establishments shall be treated
as parts thereof; (xi)
a
printing press shall be deemed to be a newspaper establishment if the principal
business thereof is to print newspaper; (rr)
"notification"
means a notification published in the Gazette of India or the Official Gazette
of a State, as the case may be, and the expression "notify" with its
grammatical variations and cognate expressions shall be construed accordingly; (ss)
"occupier"
of a factory means the person who has ultimate control over the affairs of the
factory: Provided that-- (i)
in
the case of a firm or other association of individuals, any one of the
individual partners or members thereof; (ii)
in
the case of a company, any one of the directors, except any independent
director within the meaning of sub-section (6) of section
149 of
the Companies Act, 2013 (18 of 2013); (iii)
in
the case of a factory owned or controlled by the Central Government or any
State Government, or any local authority, the person or persons appointed to
manage the affairs of the factory by the Central Government, the State
Government or the local authority or such other authority as may be prescribed
by the Central Government, shall be deemed to be
the occupier: Provided further that in the case of a
ship which is being repaired, or on which maintenance work is being carried
out, in a dry dock which is available for hire, the owner of the dock shall be
deemed to be the occupier for all purposes except the matters as may be
prescribed by the Central Government which are directly related to the condition
of ship for which the owner of ship shall be deemed to be the occupier; (tt)
"office
of the mine" means an office at the surface of the mine concerned; (uu)
"open
cast working" means a quarry, that is to say, an excavation where any
operation for the purpose of searching for or obtaining minerals has been or is
being carried on, not being a shaft or an excavation which extends below
superjacent ground; (vv)
"ordinarily
employed" with reference to any establishment or part thereof, means the
average number of persons employed per day in the establishment or part thereof
during the preceding calendar year obtained by dividing the number of man days
worked by the number of working days excluding rest days and other non-working
days; (ww) ?"owner", in relation to a mine,
means any person who is the immediate proprietor or lessee or occupier of the
mine or of any part thereof and in case of a mine the business whereof is being
carried on by a liquidator or receiver, such liquidator or receiver; but does
not include a person who merely receives a royalty, rent or fine from the mine,
or is merely the proprietor of the mine, subject to any lease grant or licence
for the working thereof, or is merely the owner of the soil and not interested
in the minerals of the mine; but any contractor or sub-lessee for the working
of a mine or any part thereof shall be subject to this Code in like manner as
if he were an owner but not so as to exempt the former from any liability; (xx)
?"plantation" means? (a)
any
land used or intended to be used for? (b)
growing
tea, coffee, rubber, cinchona or cardamom which admeasures five hectares or
more; (c)
growing
any other plant, which admeasures five hectares or more and in which persons
are employed or were employed on any day of the preceding twelve months, if,
after obtaining the approval of the Central Government, the State Government,
by notification, so directs. Explanation.--Where any piece of land
used for growing any plant referred to in this sub-clause admeasures less than
five hectares and is contiguous to any other piece of land
not being so used, but capable of being so used, and both such pieces of land
are under the management of the same employer, then, for the purposes of this
sub-clause, the former piece of land shall be deemed to be a plantation, if the
total area of both such pieces of land admeasures five hectares or more; and (d) any land which the
State Government may, by notification, declare and which is used or intended to
be used for growing any plant referred to in sub-clause (a), notwithstanding
that it admeasures less than five hectares: Provided that no such declaration shall
be made in respect of such land which admeasures less than five hectares
immediately before the commencement of this Code; and (e)
offices,
hospitals, dispensaries, schools and any other premises used for any purpose
connected with any plantation within the meaning of sub-clause (a) and
sub-clause (b); but does not include factory on the premises; (yy)
"prescribed"
means prescribed by rules made by the appropriate Government under this Code; (zz)
"principal
employer", where the contract labour is employed or engaged, means? (i)
in
relation to any office or Department of the Government or a local authority,
the head of that office or Department or such other officer as the Government
or the local authority, may specify in this behalf; (ii)
in
a factory, the owner or occupier of the factory and where a person has been
named as the manager of the factory, the person so named; (iii)
in
a mine, the owner or agent of the mine; (iv)
in
relation to any other establishment, any person responsible for the supervision
and control of the establishment; (aaa)
"producer",
in relation to audio-visual production, means the company, firm or other person
by whom the arrangements necessary for producing such audio-visual (including
the raising of finances and engaging audio-visual workers for producing
audio-visual) are undertaken. Explanation.--For the purposes of this
clause, the expressions "company" and "firm" have the same
meaning as respectively assigned to them in the Companies Act, 2013 (18 of
2013) and the Indian Partnership Act, 1932 (9 of 1932); (bbb)
"qualified
medical practitioner" means a medical practitioner who possesses any
recognised medical qualification as defined in clause (i) of section
2 of
the Indian Medical Council Act, 1956 and who is enrolled on a Indian Medical
Register as defined in clause (e) and on a State Medical Register as defined in
clause (l) of the said section; (ccc) ?"railway" means the railway as
defined in clause (31) of section 2 of the Railways Act, 1989 (24 of
1989); (ddd)
"relay"
means a set of two or more persons carrying out the same kind of work during
different periods of the day and each such period is called a "shift"; (eee)"sales promotion employees"
means any person by whatever name called employed or engaged in any
establishment for hire or reward to do any work relating to promotion of sales
or business, or both, but does not include any such person who,-- (i)
being
employed or engaged in a supervisory capacity, draws wages exceeding eighteen
thousand rupees per mensem or an amount as may be notified by the Central
Government from time to time; or (ii)
is
employed or engaged mainly in a managerial or administrative capacity. (fff)
"Schedule"
means the Schedule appended to this Code; (ggg)
"serious
bodily injury" means any injury which involves, or in all probability will
involve, the permanent loss of any part or section of a body or the use of any
part or section of a body, or the permanent loss of or injury to the sight or
hearing or any permanent physical incapacity or the fracture of any bone or one
or more joints or bones of any phalanges of hand or foot; (hhh)
?"standards",
"regulations", "rules", "bye-laws" and
"orders" respectively means standards, regulations, rules, bye-laws
and orders made or declared, as the case may be, under this Code; (iii)
"telecommunication
service" means the telecommunication service as defined in clause (k) of
sub-section (1) of section 2 of the Telecom Regulatory
Authority of India Act, 1997 (24 of 1997); (jjj)
"wages"
means all remuneration whether by way of salaries, allowances or otherwise,
expressed in terms of money or capable of being so expressed which would, if
the terms of employment, express or implied, were fulfilled, be payable to a
person employed in respect of his employment or of work done in such
employment, and includes,-- (i)
basic
pay; (ii)
dearness
allowance; and (iii)
retaining
allowance, if any, but does not include? (iv)
any
bonus payable under any law for the time being in force, which does not form
part of the remuneration payable under the terms of employment; (v)
the
value of any house-accommodation, or of the supply of light, water, medical
attendance or other amenity or of any service excluded from the computation of
wages by a general or special order of the appropriate Government; (vi)
any
contribution paid by the employer to any pension or provident fund, and the
interest which may have accrued thereon; (vii)
any
conveyance allowance or the value of any travelling concession; (viii)
any
sum paid to the employed person to defray special expenses entailed on him by
the nature of his employment; (ix)
house
rent allowance; (x)
remuneration
payable under any award or settlement between the parties or order of a court
or Tribunal; (xi)
?any overtime allowance; (xii)
?any commission payable to the employee; (xiii)
any
gratuity payable on the termination of employment; (xiv) any retrenchment
compensation or other retirement benefit payable to the employee or any ex
gratia payment made to him on the termination of employment: Provided that, for calculating the
wages under this clause, if payments made by the employer to the employee under
sub-clauses (a) to (i) exceeds one-half, or such
other per cent. as may be notified by the Central Government, of the all
remuneration calculated under this clause, the amount which exceeds such
one-half, or the per cent. so notified, shall be deemed as remuneration and
shall be accordingly added in wages under this clause: Provided further that for the purpose of
equal wages to all genders and for the purpose of payment of wages, the
emoluments specified in sub-clauses (d), (f), (g) and (h) shall be taken for
computation of wages. Explanation.--Where an employee is
given in lieu of the whole or part of the wages payable to him, any
remuneration in kind by his employer, the value of such remuneration in kind
which does not exceed fifteen per cent. of the total wages payable to him,
shall be deemed to form part of the wages of such employee; (kkk)"week" means a period of
seven days beginning at midnight on Saturday night or such other night as may
be approved in writing for a particular area by the Chief
Inspector-cum-Facilitator; (lll)
"worker"
means any person employed in any establishment to do any manual, unskilled,
skilled, technical, operational, clerical or supervisory work for hire or
reward, whether the terms of employment be express or implied, and includes
working journalists and sales promotion employees, but does not include any
such person? (i)
who
is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46
of 1950), or the Navy Act, 1957 (62 of 1957); or (ii)
who
is employed in the police service or as an officer or other employee of a
prison; or (iii)
who
is employed mainly in a managerial or administrative capacity; or (iv)
who
is employed in a supervisory capacity drawing wage exceeding eighteen thousand
rupees per month or an amount as may be notified by the Central Government from
time to time; (mmm)
"Working
Journalist" means a person whose principal avocation is that of a
journalist and who is employed as such, either whole-time or part-time, in, or
in relation to, one or more newspaper establishment, or other establishment
relating to any electronic media or digital media such as newspaper or radio or
other like media and includes an editor, a leader-writer, news editor,
sub-editor, feature-writer, copy-tester, reporter, correspondent, cartoonist,
news-photographer and proof-reader, but does not include any such person who is
employed mainly in a managerial, supervisory or administrative capacity; (2)
For
the purposes of this Code, a person working or employed in or in connection
with mine is said to be working or employed? (a)
"below
ground" if he is working or employed? (b)
?in a shaft which has been or is in the course
being sunk; or (c)
?in any excavation which extends below
superjacent ground; and (d)
"above
ground" if he is working in an opencast working or in any other manner not
specified in clause (a). (1)
Every
employer of any establishment,-- (a)
which
comes into existence after the commencement of this Code; and (b)
to
which this Code shall apply, shall, within sixty
days from the date of such applicability of this Code, make an application
electronically to the registering officer appointed by the appropriate
Government (hereinafter referred to as the registering officer) for the
registration of such establishment: Provided that the registering officer
may entertain any such application for registration after the expiry of such
period on payment of such late fees as may be prescribed by the appropriate
Government. (2)
Every
application under sub-section (1) shall be submitted to the registering officer
in such manner, in such form, containing such particulars including the
information relating to the employment of inter-State migrant workers and shall
be accompanied by such fees as may be prescribed by the appropriate Government. (3)
After
the receipt of an application under sub-section (1), the registering officer
shall register the establishment and issue a certificate of registration
electronically to the employer thereof in such form and within such time and
subject to such conditions as may be prescribed by the Central Government: Provided that if the registering
officer fails to register an establishment under the application so made or to
entertain the application within the prescribed period, then, such
establishment shall be deemed to have been registered under this Code immediately
on the expiration of such period and the electronic certificate of registration
shall be auto generated and the responsibility of such failure shall be on the
registering officer. (4)
Any
change in the ownership or management or in any particulars referred to in
sub-section (2) which occurs after the registration of an establishment under
this Code, shall be intimated by the employer electronically to the registering
officer within thirty days of such change in such form as may be prescribed by
the Central Government and thereafter the registering officer shall make
amendment in the certificate of registration electronically in such manner as
may be prescribed by the Central Government. (5)
The
employer of an establishment shall, within thirty days of the closing of the
establishment? (a)
inform
the closing of such establishment; and (b)
certify
payment of all dues to the workers employed in such establishment, to
the registering officer in such manner as may be prescribed by the Central
Government and the registering officer shall, on receiving such information and
certificate remove such establishment from the register of establishments
maintained by him and cancel the registration certificate of the establishment
within sixty days from the receipt of such information: Provided that if the registering
officer fails to cancel the registration certification of the establishment
under this sub-section within such sixty days, then, the registration
certificate of such establishment shall be deemed to have been cancelled under
this Code immediately on the expiration of such period of sixty days and the
cancellation of registration certificate shall be auto generated and the
responsibility of such failure shall be on the registering officer. (6)
If
an employer of an establishment? (a)
has
obtained the registration of his establishment by misrepresentation or
suppression of any material fact, or (b)
has
obtained the registration of his establishment so fraudulently or otherwise
that the registration has become useless or ineffective to run the
establishment, then, in case of clause (a) such
misrepresentation or suppression of any material fact shall be deemed to be the
contravention of the provisions of this Code for prosecution of the employer
under section 94 without affecting the registration and running of the
establishment and in case of clause (b) the registering officer may, after
giving an opportunity to the employer of the establishment to be heard, revoke
the registration by an order and such process for revocation shall be completed
by the registering officer within sixty days from coming into his notice the
facts specified in clause (b). (7)
No
employer of an establishment who? (a)
has
not registered the establishment under this section; or (b)
has
not preferred appeal under section 4 against the cancellation of the
registration certificate of the establishment under sub-section (5) or
revocation of the registration of the establishment under sub-section (6) or
the appeal so preferred has been dismissed, shall employ any
employee in the establishment. (8)
Notwithstanding
anything contained in this Code, where any establishment, to which this Code
applies, has already been registered under any? (a)
Central
Labour law; or (b)
any
other law which may be notified by the Central Government and which applies to
the establishment which is in existence at the time of the commencement of this
Code, shall be deemed to have been registered
under the provisions of this Code, subject to the condition that the
registration holder provides the details of registration to the concerned
registering officer within such time and in such form as may be prescribed. (1) Any person aggrieved
by an order made under section 3 may, within thirty days from the date on which
the order is communicated to him, prefer an appeal to an appellate officer who
shall be a person notified in this behalf by the appropriate Government: Provided that the appellate officer may
entertain the appeal after the expiry of the said period of thirty days, if he
is satisfied that the appellant was prevented by sufficient cause from filing
the appeal in time. (2) On receipt of an
appeal under sub-section (1), the appellate officer shall, after giving the
appellant an opportunity of being heard, dispose of the appeal within a period
of thirty days from the date of receipt of such appeal. (1)
No
employer of an establishment being factory or mine or relating to contract
labour or building or other construction work shall use such establishment to
commence the operation of any industry, trade, business, manufacturing or
occupation thereon without sending notice of such purpose in such form and
manner and to such authority and within such time as may be prescribed and
shall also intimate the cessation thereof to the said authority in such manner
as may be prescribed by the appropriate Government. (2)
The
notice or intimation under sub-section (1) shall be given electronically. (1)
Every
employer shall,-- (a)
ensure
that workplace is free from hazards which cause or are likely to cause injury
or occupational disease to the employees; (b)
comply
with the occupational safety and health standards declared under section 18 or
the rules, regulations, bye-laws or orders made under this Code; (c)
provide
such annual health examination or test free of costs to such employees of such
age or such class of employees of establishments or such class of
establishments, as may be prescribed by the appropriate Government; (d)
provide
and maintain, as far as is reasonably practicable, a working environment that
is safe and without risk to the health of the employees; (e)
ensure
the disposal of hazardous and toxic waste including disposal of e-waste; (f)
issue
a letter of appointment to every employee on his appointment in the
establishment, with such information and in such form as may be prescribed by
the appropriate Government and where an employee has not been issued such
appointment letter on or before the commencement of this Code, he shall, within
three months of such commencement, be issued such appointment letter; (g)
ensure
that no charge is levied on any employee, in respect of anything done or
provided for maintenance of safety and health at workplace including conduct of
medical examination and investigation for the purpose of detecting occupational
diseases; (h)
relating
to factory, mine, dock work, building or other construction work or plantation,
ensure and be responsible for the safety and health of employees, workers and
other persons who are on the work premises of the employer, with or without his
knowledge, as the case may be. (2)
Without
prejudice to the generality of the provisions of sub-section (1), the duties of
an employer shall particularly in respect of factory, mines, dock, building or
other construction work or plantation include? (a)
the
provision and maintenance of plant and systems of work in the workplace that
are safe and without risk to health; (b)
the
arrangements in the workplace for ensuring safety and absence of risk to health
in connection with the use, handling, storage and transport of articles and
substances; (c)
the
provision of such information, instruction, training and supervision as are
necessary to ensure the health and safety of all employees at work; (d)
the
maintenance of all places of work in the workplace in a condition that is safe
and without risk to health and the provision and maintenance of such means of
access to, and egress from, such places as are safe and without such risk; (e)
the
provision, maintenance or monitoring of such working environment in the
workplace for the employees that is safe, without risk to health as regards
facilities and arrangements for their welfare at work. (1)
The
owner and agent of every mine shall jointly and severally be responsible for
making financial and other provisions and for taking such other steps as may be
necessary for compliance with the provisions of this Code and the rules,
regulations, bye-laws and orders made there under, relating to mine. (2)
In
the event of any contravention by any person whosoever of any of the provisions
of this Code or of the rules, regulations, bye-laws or orders made there under,
relating to mine, except those which specifically require any person to do any
act or thing or prohibit any person from doing an act or thing, besides the
person who contravenes, then, each of the following persons shall also be
deemed to be guilty of such contravention unless he proves
that he had used due diligence to secure compliance with the provisions and had
taken reasonable means to prevent such contravention, namely:-- (a)
the
official or officials appointed to perform duties of supervision in respect of
the provisions contravened; (b)
the
manager of the mine; (c)
the
owner and agent of the mine; (d)
the
person appointed, if any, to carry out the responsibility under section 24. (3)
It
shall not be a defence in any proceedings brought against the owner or agent of
a mine under this section that the manager and other officials have been
appointed in accordance with the provisions of this Code or that a person to
carry the responsibility under section 24 has been appointed. (1)
Every
person who designs, manufactures, imports or supplies any article for use in
any establishment shall? (a)
ensure
so far as is reasonably practicable, that the article is so designed and
constructed in the establishment as to be safe and without risk to the health
of the workers when properly used; (b)
carry
out or arrange for the carrying out of such tests and examination in the
establishment as may be considered necessary for the effective implementation
of the provisions of clause (a); (c)
take
steps as may be necessary to ensure that adequate information will be available? (d)
in
connection with the use of the article in any establishment; (e)
about
the use for which such article is designed and tested; and (f)
about
any conditions necessary to ensure that the article, when put to such use,
shall be safe, and without risk to the health of the workers: Provided that where an article is
designed or manufactured outside India, then it shall be obligatory on the part
of the importer to see-- (g)
that
the article conforms to the same standards of such article manufactured in
India; or (h)
?if the standards adopted in the country
outside India for the manufacture of such article is above the standards
adopted in India, that the article conforms to such standards in such country; (i)
if
there is no standard of such article in India, then, the article conforms to
the standard adopted in the country from where it is imported at its national
level. (2)
The
designer, manufacturer, importer or supplier shall also comply with such duties
as the Central Government may, in consultation with the National Occupational
Safety and Health Advisory Board referred to in sub-section (1) of section 16,
by regulations specify. (3)
?Every person, who undertakes to design or
manufacture any article and substance for use in any factory, may carry out or
arrange for the carrying out of necessary research with a view to the discovery
and, so far as is reasonably, practicable, the elimination or minimisation of
any risks to the health or safety of the workers to which the design or
manufacture of article and substance may give rise to such risk. (4)
Nothing
contained in sub-sections (1) and (2) shall be construed to require a person to
repeat the testing, examination or research which has been carried out
otherwise than by him or at his instance in so far as it is reasonable for him
to rely on the results thereof for the purposes of the said sub-sections. (5)
Any
duty imposed on any person by sub-sections (1) and (2) shall extend only to
things done in the course of business carried on by him and to matters within
his control. (6)
Every
person,-- (a)
who
erects or installs any article for use in a factory, shall ensure, so far as
practicable, that such article so erected or installed does not make it unsafe
or a risk to health when that article is used by the persons in such factory; (b)
who
manufactures, imports or supplies any substance for use in any factory shall? (c)
ensure,
so far as practicable, that such substance when used in the factory does not
make it unsafe or a risk to health of persons working in such factory; (d)
carry
out or arrange for carrying out of such tests and examination in relation to
such substance as may be necessary; (e)
take
such steps as are necessary to secure that the information about the results of
tests carried out in connection with the use of the substance as referred to in
sub-clause (ii) is available in a factory along with conditions necessary to
ensure its safe use and no risks to health; (f)
who
undertakes the manufacture of any substance for use in any factory shall carry
out or arrange for carrying out of any necessary research with a view to
discover and, so far as practicable, to ensure the elimination or minimisation
of any risks to health or safety to which the substance may give rise out of
such manufacture or research; (7)
For
the purposes of this section, an article and substance is not to be regarded as
properly used, if they are used without regard to any information or advice
relating to their use which has been made available by the person who has
designed, manufactured, imported or supplied the article and substance. Explanation.--For the purpose of this
section-- (a)
"article"
shall include plant and machinery; (b)
"substance"
means any natural or artificial substance whether in a solid or liquid form or
in the form of a gas or vapour; and (c)
"substance
for use in any factory" means such substance, whether or not intended for
use by persons working in a factory. (1)
It
shall be the duty of the architect, project engineer or designer responsible
for any building or other construction work or the design of any project or
part thereof relating to such building or other construction work to ensure
that, at the planning stage, due consideration is given to the safety and
health aspects of the building workers and employees who are employed in the
erection, operation and execution of such projects and structures as the case
may be. (2)
Adequate
care shall be taken by the architect, project engineer and other professionals
involved in the project referred to in sub-section (1), not to include anything
in the design which would involve the use of dangerous structures or other
processes or materials, hazardous to health or safety of building workers and
employees during the course of erection, operation and execution as the case
may be. (3)
It
shall also be the duty of the professionals, involved in designing the
buildings structures or other construction projects, to take into account the
safety aspects associated with the maintenance and upkeep of the structures and
buildings where maintenance and upkeep may involve such hazards as may be
notified by the appropriate Government. (1)
Where
at any place in an establishment, an accident occurs which causes death, or
which causes any bodily injury by reason of which the person injured is
prevented from working for a period of forty-eight hours or more immediately
following the accident or which is of such nature as may be prescribed by the
appropriate Government, then,-- (a)
employer
or owner or agent or manager referred to in section 67 of such establishment if
it is mine; or (b)
employer
or manager in relation to such establishment if it is factory or relates to
dock work; or (c)
the
employer of a plantation or an establishment relating to building or other
construction or any other establishment, shall send notice
thereof to such authorities, in such manner and within such time, as may be
prescribed by the appropriate Government. (2)
Where
a notice given under sub-section (1) relates to an accident causing death in a
plantation or an establishment relating to building or other construction work
or any other establishment, the authority to whom the notice is sent shall make
an inquiry into the occurrence within two months of the receipt of the notice
or if there is no such authority, the Chief Inspector-cum-Facilitator shall
cause the Inspector-cum-Facilitator to make an inquiry within the said period. Where in an establishment there is any
dangerous occurrence of such nature, (whether causing any bodily injury or
disability, or not) the employer shall send notice thereof to such authorities,
and in such form and within such time, as may be prescribed by the appropriate
Government. (1)
Where
any worker in an establishment contracts any disease specified in the Third
Schedule, the employer of the establishment shall send notice thereof to such
authorities, and in such form and within such time, as may be prescribed by the
appropriate Government. (2)
If
any qualified medical practitioner attends on a person, who is or has been
employed in an establishment, and who is, or is believed by the qualified
medical practitioner, to be suffering from any disease specified in the Third
Schedule, the medical practitioner shall without delay send a report in writing
to the office of the Chief Inspector-cum-Facilitator in such form and manner
and within such time as may be prescribed by the appropriate Government. (3)
If
any qualified medical practitioner fails to comply with the provisions of
sub-section (2), he shall be punishable with penalty which may extend to ten
thousand rupees. Every employee at workplace shall,-- (a)
take
reasonable care for the health and safety of himself and of other persons who
may be affected by his acts or omissions at the workplace; (b)
comply
with the safety and health requirements specified in the standards; (c)
co-operate
with the employer in meeting the statutory obligations of the employer under
this Code; (d)
if
any situation which is unsafe or unhealthy comes to his attention, as soon as
practicable, report such situation to his employer or to the health and safety
representative and in case of mine, agent or manager referred to in section 67,
safety officers or an official for his workplace or section thereof, as the
case may be, who shall report it to the employer in the
manner as may be prescribed by the appropriate Government; (e)
not
wilfully interfere with or misuse or neglect any appliance, convenience or
other thing provided at workplace for the purpose of securing the health,
safety and welfare of workers; (f)
not
do, wilfully and without reasonable cause, anything, likely to endanger himself
or others; and (g)
perform
such other duties as may be prescribed by the appropriate Government. (1)
Every
employee in an establishment shall have the right to obtain from the employer
information relating to employee's health and safety at work and represent to
the employer directly or through a member of the Safety Committee as
constituted under section 22, if constituted by the employer for such purpose,
regarding inadequate provision for protection of his safety or health in
connection with the work activity in the workplace, and if not satisfied, to
the Inspector-cum-Facilitator. (2)
Where
the employee referred to in sub-section (1) in any workplace has reasonable
apprehension that there is a likelihood of imminent serious personal injury or
death or imminent danger to health, he may bring the same to the notice of his
employer directly or through a member of the Safety Committee referred to in
sub-section (1) and simultaneously bring the same to the notice of the
Inspector-cum-Facilitator. (3)
The
employer or any employee referred to in sub-section (1) shall take immediate
remedial action if he is satisfied about the existence of such imminent danger
and send a report forthwith of the action taken to the
Inspector-cum-Facilitator in such manner as may be prescribed by the
appropriate Government. (4)
If
the employer referred to in sub-section (3) is not satisfied about the
existence of any imminent danger as apprehended by his employees, he shall,
nevertheless, refer the matter forthwith to the Inspector-cum-Facilitator whose
decision on the question of the existence of such imminent danger shall be final. No person shall intentionally or
recklessly interfere with, damage or misuse anything which is provided in the
interest of health, safety or welfare under this Code. (1)
The
Central Government shall, by notification, constitute the National Occupational
Safety and Health Advisory Board (hereinafter in this Code referred to as the
National Board) to discharge the functions conferred on it by or under this
Code and to advise the Central Government on the matters relating to? (a)
standards,
rules and regulations to be declared or framed under this Code; (b)
implementation
of the provisions of this Code and the standards, rules and regulations
relating thereto; (c)
the
issues of policy and programme relating to occupational safety and health
referred to it, from time to time, by the Central Government; and (d)
any
other matter in respect of this Code referred to it, from time to time, by the
Central Government. (2)
The
National Board shall consist of? (a)
Secretary,
Ministry of Labour and Employment--Chairperson ex officio; (b)
Director
General, Factory Advice Service and Labour Institutes, Mumbai--Member ex
officio; (c)
Director
General, Mines Safety, Dhanbad--Member ex officio; (d)
Chief
Controller of Explosives, Nagpur--Member ex officio; (e)
Chairman,
Central Pollution Control Board, New Delhi--Member ex officio; (f)
Chief
Labour Commissioner (Central), New Delhi--Member ex officio; (g)
Principal
Secretaries dealing with labour matters of four States (by rotation as the
Central Government may deem fit)--Member ex officio; (h)
Director
General, Employee's State Insurance Corporation, New Delhi--Member ex officio; (i)
Director
General, Health Services, New Delhi--Member ex officio; (j)
five
representatives of employers--Member ex officio; (k)
five
representatives of employees--Member ex-officio; (l)
a
representative of professional body associated with the matter for which
standards, rules, policies being framed--Member; (m)
five
eminent persons connected with the field of Occupational Safety and Health, or
representatives from reputed research institutions or similar other
discipline--Member; (n)
special
invitees from the State Government or the Government of Union territory for
seeking inputs in specific matters or industry or sector which is predominant
in that State or Union territory--Member; (o)
Joint
Secretary, Ministry of Labour and Employment--Member Secretary ex officio. (3)
The
terms of office of the Members referred to in clauses (g), (j), (k), (l) and
(m) of sub-section (2) shall be of three years and the procedure for their
nomination, and discharge of their functions shall be such as may be prescribed
by the Central Government. (4)
The
Central Government may, in consultation with the National Board, determine the
number, nature and categories of other officers and employees required to
assist the National Board in the efficient discharge of its functions and terms
and conditions of service of such officers and employees of the National Board
shall be such as may be prescribed by the Central Government. (5)
The
Central Government may constitute as many technical committees or advisory
committees consisting of such number of members having such qualifications as
may be prescribed by the Central Government, to assist the National Board in
discharge of its function specified in sub-section (1). (6)
The
National Board shall consult the State Governments whose Principal Secretaries
are the Members of the National Board as required under clause (g) of
sub-section (2) of section 16 and in case of specific issues relating to
plantation, factories and like other issues, the State Government concerned may
be invited by the National Board as special invitee for obtaining their inputs
on such issues. (1)
The
State Government shall constitute a Board to be called the State Occupational
Safety and Health Advisory Board (hereinafter referred to as "State
Advisory Board") to advise the State Government on such matters arising
out of the administration of this Code as may be referred to it by the State
Government. (2)
The
constitution, procedure and other matters relating to State Advisory Board
shall be such as may be prescribed by the State Government. (3)
The
State Government may constitute as many technical committees or advisory
committees of the State Advisory Board including site appraisal committees,
consisting of such number of members and having such qualifications as may be
prescribed, to assist the State Government or State Advisory Board in discharge
of their functions relating to the area falling within their respective
jurisdictions. (1)
The
Central Government shall declare, by notification, standards on occupational
safety and health for workplaces relating to factory, mine, dock work, beedi
and cigar, building and other construction work and other establishments. (2)
In
particular and without prejudice to the generality of the power to declare
standards to be followed under sub-section (1), such standards shall relate to? (a)
physical,
chemical, biological and any other hazards to be dealt with for the working
life of employee to ensure to the extent feasible on the basis of the best
available evidence or functional capacity, that no employee will suffer
material impairment of health or functional capacity even if such employee has
regular exposure to such hazards; (b)
the
norms? (c)
?appraising the hazards to employees and users
to whom such hazards are exposed; (d)
?relating to relevant symptoms and appropriate
energy treatment and proper conditions and precautions of safe use or exposure; (e)
for
monitoring and measuring exposure of employees to hazards; (f)
for
medical examination and other tests which shall be made available, by the
employer or at his cost, to the employees exposed to hazards; and (g)
for
hazard evaluation procedures like safety audit, hazard and operability study,
fault free analysis, event free analysis and such other requirements; (h)
medical
examination including criteria for detection and reporting of occupational
diseases to be extended to the employees even after he ceases to be in
employment, if he is suffering from an occupational disease which arises out of
or in the course of employment; (i)
such
aspects of occupational safety and health relating to workplaces which the
Central Government considers necessary on the report of the authority
designated by such Government for such purpose; (j)
such
safety and health measures as may be required having regard to the specific
conditions prevailing at the workplaces relating to mine, factory, building and
other construction work, beedi and cigar, dock work or any other establishments
notified; and (k)
?matters specified in the Second Schedule to
this Code. (3)
Notwithstanding
anything contained in section 131, the Central Government may, on the basis of
the recommendation of the National Board and after notifying its intention so
to do for not less than forty-five days', by notification, amend the Second
Schedule. (4)
The
State Government may, with the prior approval of the Central Government, by
notification amend the standards made under sub-section (1) and sub-section (2)
for the establishment for which it is the appropriate Government situated in
the State. It shall be the duty of such
institutions in the field of occupational safety and health as the Central or
State Government may notify to conduct research, experiments and demonstrations
relating to occupational safety and health and thereafter submit their
recommendations to the Central Government or the State Government, as the case
may be: Provided that the State Government
shall consult National Board before notifying conduct of research, experiments
and demonstration relating to occupational safety and health. (1)
At
any time during the normal working hours of an establishment or at any other
time as he may deem necessary,-- (a)
the
Chief Inspector-cum-Facilitator in the case of factory or mine; or (b)
the
Director General of Factory Advice Service and Labour Institute in the case of
factory; or (c)
the
Director General of Mines Safety in the case of mine; or (d)
the
Director General of Health Services in the case of factory or mine; or (e)
such
other officer as may be authorised by the appropriate Government in the case of
any other establishment or class of establishments, after
giving notice in writing to the employer, conduct survey of the factory or mine
or such other establishment or class of establishments and such employer shall
afford all facilities for such survey, including facilities for the examination
and testing of plant and machinery and collection of samples and other data
relevant to the survey. Explanation.--For the purposes of this
sub-section, the expression "employer" includes manager for the
factory or in the case of any other establishment or class of establishments
such person who is for the time being responsible for the safety and the
occupational health of such other establishment or class of establishments, as
the case may be. (2)
For
the purpose of facilitating surveys under sub-section (1) every worker shall,
if so required by the person conducting the survey, present himself to undergo
such medical examination as may be considered necessary by such person and
furnish all information in his possession which is relevant to the survey. (3)
Any
time spent by a worker for undergoing medical examination or furnishing
information under sub-section (2) shall, for the purpose of calculating wages
and extra wages for overtime work, be deemed to be working hour for him. Explanation.--For the purposes of this
section, the report submitted to the appropriate Government by the person
conducting the survey under sub-section (1) shall be deemed to be a report
submitted by an Inspector-cum-Facilitator under this Code. (1)
For
the purposes of this Code, the Central Government and the State Government
shall collect, compile and analyse occupational safety and health statistics in
such form and manner as may be prescribed. (2)
The
Central Government and the State Governments shall maintain the database or
record, for inter-State migrant workers, electronically or otherwise in such
portal and in such form and manner as may be prescribed by the Central
Government: Provided that an inter-State migrant
worker may register himself as an inter-State migrant worker on such portal on
the basis of self-declaration and Aadhaar: Provided further that the workers who
have migrated from one State to any other State and are self-employed in that
other State may also register themselves on that portal. Explanation.--For the purposes of this
sub-section, the expression "Aadhaar" shall have the same meaning as
assigned to it in clause (a) of section 2 of the Aadhaar
(Targeted Delivery of Financial and Other Subsidies, Benefits and Services)
Act, 2016 (18 of 2016). (1)
The
appropriate Government may, by general or special order, require any
establishment or class of establishments to constitute in the prescribed manner
a Safety Committee consisting of representatives of employers and workers
engaged in such establishment in such manner that the number of representatives
of workers on the Committee shall not be less than the number of
representatives of the employer and the representatives of the workers shall be
chosen in such manner and for such purpose as may be prescribed by the
appropriate Government. (2)
In
every establishment which is a? (a)
factory
wherein five hundred workers or more; or (b)
factory
carrying on hazardous process wherein two hundred fifty workers or more; or (c)
building
or other construction work wherein two hundred fifty workers or more; or (d)
mine
wherein one hundred workers or more, are ordinarily employed, the
employer shall also appoint such number of safety officers, who shall possess
such qualifications and perform such duties, as may be prescribed by
appropriate Government. (1)
The
employer shall be responsible to maintain in his establishment such health,
safety and working conditions for the employees as may be prescribed by the
Central Government. (2)
Without
prejudice to the generality of the power conferred under sub-section (1), the
Central Government may prescribe for providing all or any of the following
matters in the establishment or class of establishments, namely:-- (i)
cleanliness
and hygiene; (ii)
?ventilation, temperature and humidity; (iii)
environment
free from dust, noxious gas, fumes and other impurities; (iv)
adequate
standard of humidification, artificially increasing the humidity of the air,
ventilation and cooling of the air in work rooms; (v)
potable
drinking water; (vi)
?adequate standards to prevent overcrowding and
to provide sufficient space to employees or other persons, as the case may be,
employed therein; (vii)
adequate
lighting; (viii)
sufficient
arrangement for latrine and urinal accommodation to male, female and
transgender employee separately and maintaining hygiene therein; (ix)
effective
arrangements for treatment of wastes and effluents; and (x)
any
other arrangement which the Central Government considers appropriate. (1)
The
employer shall be responsible to provide and maintain in his establishment such
welfare facilities for the employees as may be prescribed by the Central
Government, including,-- (i)
adequate
and suitable facilities for washing to male and female employees separately; (ii) bathing places and
locker rooms for male, female and transgender employees separately; (iii) place of keeping
clothing not worn during working hours and for the drying of wet clothing; (iv) sitting arrangements
for all employees obliged to work in a standing position; (v) facilities of canteen
in an establishment for employees thereof, wherein one hundred or more workers including
contract labourers are ordinarily employed; (vi) in case of mines,
medical examination of the employees employed or to be employed in the mines,
before their employment and at specific intervals; (vii) adequate first-aid
boxes or cupboards with contents readily accessible during all working hours;
and (viii)
any
other welfare measures which the Central Government considers, under the set of
circumstances, as required for decent standard of life of the employees. (2)
Without
prejudice to the generality of the powers referred to under sub-section (1),
the Central Government may also prescribe for the following matters, namely:-- (i)
ambulance
room in every factory, mine, building or other construction work wherein more
than five hundred workers are ordinarily employed; (ii) medical facilities at
the operating centres and halting stations, uniforms, raincoats and other like
amenities for protection from rain or cold for motor transport workers; (iii) adequate, suitable
and separate shelters or rest-rooms for male, female and transgender employees
and lunch-room in every factory and mine wherein more than fifty workers are
ordinarily employed and in motor transport undertaking wherein employee is
required to halt at night; (iv) the appointment of
welfare officer in every factory, mine or plantation wherein two hundred and
fifty or more workers are ordinarily employed and the qualification, conditions
of service and duties of such welfare officer; (v) for providing by the
employer temporary living accommodation, free of charges and within the work
site or as near to it as may be possible, to all building workers employed by
him and for causing removal or demolition of such temporary living
accommodation and for returning by the employer the possession of any land
obtained by him for such purpose from Municipal Board or any other local
authority; (vi) ?for payment by the principal employer the
expenses incurred on providing the accommodation to the contractor, where the
building or other construction work is done through the contractor; (vii)
any
other matter which may be prescribed. (3)
The
Central Government may make rules to provide for the facility of creche having
suitable room or rooms for the use of children under the age of six years of
the employees at suitable location and distance either separately or along with
common facilities in establishments wherein more than fifty workers are
ordinarily employed: Provided that an establishment can
avail common cr?che facility of the Central Government, State Government,
municipality or private entity or provided by non-Governmental organisation or
by any other organisation or group of establishments may pool their resources
for setting up of common cr?che in the manner as they may agree for such
purpose. (1)
No
worker shall be required or allowed to work, in any establishment or class of
establishment for more than? (a)
eight
hours in a day; and (b)
the
period of work in each day under clause (a) shall be so fixed, as not to exceed
such hours, with such intervals and spread overs, as may be notified by the
appropriate Government: Provided that subject to clause (a) in
the case of mines,-- (c)
the
persons employed below ground in a mine shall not be allowed to work for more
than such hours as may be notified by the Central Government in any day; (d)
no
work shall be carried on below ground in any mine except by a system of shifts
so arranged that the period of work for each shift is not spread over more than
the daily maximum hours as notified under clause (i); (e)
no
person employed in a mine shall be allowed to be present in any part of a mine
below ground except during the periods of work shown in respect of him in the
register maintained under clause (a) of section 33: Provided further that subject to clause
(a) that the hours of work in case of motor transport worker shall include-- (f)
the
time spent in work done during the running time of the transport vehicle; (g)
the
time spent in subsidiary work; and (h)
period
of mere attendance at terminals of less than fifteen minutes. Explanation.--For the purposes of this
sub-section-- (i)
"running
time" in relation to a working day means the time from the moment a
transport vehicle starts functioning at the beginning of the working day until
the moment when the transport vehicle ceases to function at the end of the
working day, excluding any time during which the running of the transport
vehicle is interrupted for a period exceeding such duration as may be
prescribed by the Central Government during which period the persons who drive,
or perform any other work in connection with the transport vehicle are free to
dispose of their time as they please or are engaged in subsidiary work; (j)
"subsidiary
work" means the work in connection with a transport vehicle, its
passengers or its load which is done outside the running time of the transport
vehicle, including in particular? (k)
the
work in connection with accounts, paying of cash, signing of registers,
handover of service sheets, the checking of tickets and other similar work; (l)
taking
over and garaging of the transport vehicles; (m)
travelling
from the place where a person signs on to the place where he takes over the
transport vehicle and from the place where he leaves the transport vehicle to
the place where he signs off; (n)
work
in connection with the upkeep and repair of the transport vehicle; and (o)
the
loading and unloading of the transport vehicle; (p)
"period
of mere attendance" means the period during which a person remains at his
post solely in order to reply to possible calls or to resume action at the time
fixed in the duty schedule. (2)
Notwithstanding
anything contained in sub-section (1), the hours of work for working journalist
shall, subject to a maximum of one hundred and forty-four hours of work during
any period of four consecutive weeks and a period of not less than twenty-four
consecutive hours of rest during any period of seven consecutive days, be such
as may be prescribed by the Central Government. (3)
Notwithstanding
anything contained in sub-sections (1) and (2), a sales promotion employee or
the working journalist,-- (i)
in
addition to such holidays, casual leave or other kinds of leave as may be
prescribed by the Central Government, shall be granted, if requested for? (ii)
earned
leave on full wages for not less than one-eleventh of the period spent on duty; (iii)
leave
on medical certificate on one-half of the wages for not less than
one-eighteenth of the period of service; (iv)
may
accumulate earned leave up to such maximum limit as may be prescribed by the
Central Government; (v)
?shall be entitled for the limit up to which
the earned leave may be either encashed or availed of at a time by him and the
reasons for which such limit may be exceeded shall be such as may be prescribed
by the Central Government; (vi)
?shall,-- (vii)
when
he voluntarily relinquishes his post or retires from service; or (viii)
when
his services are terminated for any reason whatsoever (not being termination as
punishment), be entitled to cash compensation,
subject to such conditions and restrictions as may be prescribed by the Central
Government (including conditions by way of specifying the maximum period for
which such cash compensation shall be payable), in respect of the earned leave
earned by him and not availed of; (ix)
who
dies while in service, his heirs shall be entitled to cash compensation for the
earned leave earned by him and not availed of his heirs shall be paid the cash
compensation in respect of any period of earned leave for which he or his
heirs, is or are entitled to cash compensation under clause (iv) or clause (v),
which shall be an amount equal to the wages due to him for such period. (4)
Notwithstanding
anything contained in this section, the working hours of an adolescent worker
shall be regulated in accordance with the provisions of the Child and
Adolescent Labour (Prohibition and Regulation) Act, 1986 (61 of 1986). (1) No worker shall be
allowed to work in an establishment for more than six days in any one week: Provided that in any motor transport
undertaking, an employer may, in order to prevent any dislocation of a motor
transport service, require a worker to work on any day of weekly holiday which
is not a holiday so arranged that the worker does not work for more than ten
days consecutively without a holiday for a whole day intervening. (2)
The
appropriate Government may, by notification, exempt such workers as it thinks
fit from the provisions of sub-section (1), subject to such conditions as may
be prescribed. (3)
Where,
as a result of the passing of an order or the making of a rule under the
provisions of this Code exempting an establishment or the workers therein from
the provisions of sub-section (1), a worker is deprived of any of the weekly
holidays, the worker shall be allowed, within the month in which the holidays
were due or within the two months immediately following that month,
compensatory holidays of equal number to the holidays, so deprived. There shall be paid wages at the rate
of twice the rate of wages in respect of overtime work, where a worker works in
an establishment or class of establishment for more than such hours of work in
any day or in any week as may be prescribed by the appropriate Government and
the period of overtime work shall be calculated on a daily basis or weekly
basis, whichever is more favourable to such worker: Provided that a worker shall be
required to work overtime by the employer subject to the consent of such worker
for such work: Provided further that the appropriate
Government may prescribe the total number of hours of overtime. Where a worker in an establishment
works on a shift which extends beyond midnight,-- (a)
for
the purposes of section 26, a weekly holiday for a whole day shall mean in his case
a period of twenty-four consecutive hours beginning when his shift ends; (b)
the
following day for him shall be deemed to be the period of twenty-four hours
beginning when such shift ends, and the hours he has worked after midnight
shall be counted in the previous day. (1)
The
work shall not be carried on in any establishment by means of a system of
shifts so arranged that more than one relay of workers is engaged in work of
the same kind at the same time. (2)
The
appropriate Government or subject to the approval of the appropriate
Government, the Chief Inspector-cum-Facilitator, may, by written order and for
the reasons specified therein, exempt on such conditions as may be deemed
expedient, any establishment or class of establishments or any department or
section of an establishment or any category or description of workers therein
from the provisions of sub-section (1): Provided that the provisions of this
sub-section shall not apply to mines. No worker shall be required or allowed
to work in a mine or factory if he has already been working in any other such
similar establishment within the preceding twelve hours, save in such
circumstances as may be prescribed by the appropriate Government. (1)
There
shall be displayed and correctly maintained in every establishment a notice of
periods of work, showing clearly for every day the periods during which workers
may be required to work in accordance with the provisions of this Code. (2)
The
form of notice required by sub-section (1), the manner of display of such
notice and the manner in which such notice shall be sent to the
Inspector-cum-Facilitator shall be such as may be prescribed by the appropriate
Government. (3)
Any
proposed change in the system of work in any establishment which will
necessitate a change in the notice referred to in sub-section (1) shall be
intimated to the Inspector-cum-Facilitator before the change is made, and
except with the previous sanction of the Inspector-cum-Facilitator, no such
change shall be made until one week has elapsed since that last change. (1)
Every
worker employed in an establishment shall be entitled for leave in a calendar
year with wages subject to the following conditions, namely:-- (i)
that
he has worked one hundred and eighty days or more in such calendar year; (ii)
that
he shall be entitled for one-day leave for every twenty days of his work, in
the case of adolescent worker for fifteen days of his work, and in case of
worker employed below ground mine, at the rate of one day for every fifteen
days of his work, in such calendar year; (iii)
any
period of layoff, maternity leave or annual leave availed by such worker in
such calendar year shall be counted for calculating the period of one hundred
and eighty days or more under clause (i), but he shall not earn leave for the
period so counted; (iv)
?any holidays falling between the leave availed
by such worker (in a calendar year or prefixed or suffixed holiday) shall be
excluded from the period of leave so availed; (v)
in
case of such worker whose service commences otherwise than on the first day of
January shall be entitled to leave with wages at the rate specified in clause
(ii), if he has worked for one-fourth of the total number of days in the
remainder of the calendar year; (vi)
in
case such worker is discharged or dismissed from service or quits employment or
is superannuated or dies while in service, during the course of the calendar
year, such worker or his heir or nominee, shall be entitled to wages in lieu of
the quantum of leave to which such worker was entitled immediately before his
discharge, dismissal, quitting of employment, superannuation or death,
calculated as specified in preceding clauses, even if such worker has not
worked for the required period under this sub-section making such worker
eligible to avail such leave, and such payment shall be made? (vii)
where
such worker is discharged or dismissed or quits employment before the expiry of
the second working day from the date of such discharge, dismissal or quitting;
and (viii)
where
such worker is superannuated or dies while in service, before the expiry of two
months from the date of such superannuation or death; (ix)
if
such worker does not in any one calendar year take the whole of the leave
allowed to him under this sub-section and the rules made there under, then, any
leave not taken by him shall be added to the leave to be allowed to him in the
succeeding calendar year so that? (x)
?the total number of days of leave that may be
carried forward to a succeeding year shall not exceed thirty days; and (xi)
such
worker, who has applied for leave with wages but has not been given such leave
in accordance with this sub-section and the rules made there under shall be
entitled to carry forward the leave refused without any limit; (xii)
?without prejudice to clause (vi) such worker
shall be entitled on his demand for encashment of leave at the end of calendar
year; (xiii)
such
worker shall be entitled, where his total number of leave exceeds thirty days
under sub-clause (a) of clause (vii), to encash such exceeded leave. (2)
The
appropriate Government may, by notification, extend the provisions of
sub-section (1) to any other establishment except railway establishment. (3)
The
provisions of sub-section (1) shall not operate to the prejudice of any right
to which a person employed in a mine may be entitled under any other law or
under the terms of any award, agreement or contract of service: Provided that if such award, agreement
or contract of service, provides for longer annual leave with wages than that
provided in sub-section (1), the quantum of leave, which the person employed
shall be entitled to, shall be in accordance with such award, agreement or
contract of service but leave shall be regulated in accordance with the
provisions of sub-section (1) with respect of matters not provided for in such
award, agreement or contract of service: Provided further that where the Central
Government is satisfied that the leave rules applicable to persons employed in
any mine provide benefits which in its opinion are not less favourable than
those provided for in sub-section (1) it may, by order in writing and subject
to such conditions as may be specified therein exempt the mine from all or any
of the provisions of sub-section (1). An employer of an establishment shall-- (a)
maintain
register in prescribed form, electronically or otherwise, containing such
particulars of workers as may be prescribed by the appropriate Government
including,-- (b)
work
performed by them; (c)
number
of hours of work constituting normal working hours in a day; (d)
?day of rest allowed in every period of seven
days; (e)
wage
paid and receipts given therefor; (f)
leave,
leave wages, overtime work, attendance and dangerous occurrences; and (g)
employment
of adolescent; (h)
display
notices at the work place of the workers in such manner and form as may be prescribed
by the appropriate Government; (i)
issue
wage slips to the workers, in electronic forms or otherwise; and (j)
file
such return electronically or otherwise to the Inspector-cum-Facilitator in
such manner and during such periods as may be prescribed by the appropriate
Government. (1)
The
appropriate Government may, by notification, appoint Inspector-cum-Facilitators
for the purposes of this Code who shall exercise the powers conferred on them
under this Code throughout their respective jurisdiction specified in the
notification. (2)
The
Inspector-cum-Facilitators appointed under sub-section (1) shall, apart from
other duties to be discharged by them under this Code, conduct such inspections
as specified in sub-section (3). (3)
The
appropriate Government may? (i)
for
the purposes of inspection referred to in sub-section (2), by notification, lay
down an inspection scheme which may provide for the generation of web-based inspection
and calling of information under this Code, electronically and such scheme
shall, inter alia, have provisions to cater to special circumstances for
assigning inspection and calling for information from establishment or any
other person besides web-based inspections; and (ii)
without
prejudice to the provisions of sub-section (2), by notification, under the
scheme, provide for the randomised selection of establishment and the
Inspector-cum-Facilitator for inspection. (4)
Without
prejudice to the powers of the appropriate Government under this section, the
inspection scheme referred to in sub-section (3) may be designed taking into
account, inter alia, the following factors, namely:-- (a)
assignment
of unique number, to each establishment (which will be same as the registration
number allotted to the establishment registered under section 3), unique number
to each Inspector-cum-Facilitator and to each inspection in such manner as may
be notified by the appropriate Government; (b)
timely
uploading of inspection reports in such manner and subject to such conditions
as may be notified in the scheme; (c)
provisions
for special inspections based on such parameters as may be notified by the
appropriate Government; and (d)
the
characteristics of employment, the nature of work, and characteristics of the
workplaces based on such parameters as may be notified by the appropriate
Government. (5)
The
appropriate Government may, by notification, appoint any person or persons
possessing the prescribed qualifications and experience to be Chief
Inspector-cum-Facilitator for the purposes of such establishments or class of
establishments and for such local limits of jurisdiction as may be specified in
the notification: Provided that a Chief
Inspector-cum-Facilitator may be appointed for the purposes of a State or more
than one States or for the purposes of the whole of the Country. (6)
The
appropriate Government may, by notification, appoint for the purposes of
establishments as may be notified by that Government, as many Additional Chief
Inspector-cum-Facilitators, Joint Chief Inspector-cum-Facilitators and Deputy
Chief Inspector-cum-Facilitators or any other officer of any designation as it
thinks appropriate, to exercise such powers of the Chief
Inspector-cum-Facilitator within his jurisdiction, as may be specified in the
notification. (7)
Every
Additional Chief Inspector-cum-Facilitator, Joint Chief
Inspector-cum-Facilitator, Deputy Chief Inspector-cum-Facilitator and every
other officer appointed under sub-section (6) shall, in addition to the powers
of a Chief Inspector-cum-Facilitator specified in the notification by which the
officer is appointed, exercise the powers of an Inspector-cum-Facilitator
within such local limits as may be specified in the notification. (8)
No
person shall be appointed under this section or having been so appointed, shall
continue to hold office, who is, or who becomes, directly or indirectly
interested in a workplace or work activity or in any process or business
carried on in any workplace or in any plant or machinery connected therewith. (9)
The
appropriate Government may also, by notification, appoint such public officers
as it thinks fit to be Inspector-cum-Facilitators in addition to existing
Inspector-cum-Facilitator for exercising the powers and discharging the duties
of Inspector-cum-Facilitator for all or any of the purposes of this Code within
such local limits as may be specified in such notification. (10)
?Without prejudice to the other functions of
the Inspector-cum-Facilitator under this Code, an Inspector-cum-Facilitator may
in respect of any establishment or class of establishments in local area or
areas of his jurisdiction where the Chief Inspector-cum-Facilitator with the
approval of the appropriate Government and subject to such restrictions or
conditions as he may think fit to impose, by order in writing authorise the
Inspector-cum-Facilitator to exercise such of the powers of the Chief
Inspector-cum-Facilitator as may be specified in such order: Provided that the Chief
Inspector-cum-Facilitator, with the approval of the appropriate Government, may
by order in writing, prohibit the exercise, by any Inspector-cum-Facilitator or
any class of Inspector-cum-Facilitators specified in such order, of any such
power by such Inspector-cum-Facilitator or class of Inspector-cum-Facilitators. (11) Every Chief
Inspector-cum-Facilitator, Additional Chief Inspector-cum-Facilitator, Joint
Chief Inspector-cum-Facilitator, Deputy Chief Inspector-cum-Facilitator,
Inspector-cum-Facilitator and every other officer appointed under this section
shall be deemed to be a public servant within the meaning of section
21 of
the Indian Penal Code (45 of 1860), and shall be officially subordinate to such
authority as the appropriate Government may specify in this behalf. (1)
Subject
to any rules made in this behalf, an Inspector-cum-Facilitator may? (i)
enter,
with such assistance of persons, being persons in the service of the
Government, or any local or other public authority, or with an expert, as he
thinks fit, any place which is used, or which he has reason to believe, is used
as a work place; (ii) ?inspect and examine the establishment, any
premises, plant, machinery, article, or any other relevant material; (iii) ?inquire into any accident or dangerous
occurrence, whether resulting in bodily injury, disability or death or not and
take on the spot or otherwise statement of any person which he may consider
necessary for such inquiry; (iv) subject to any rules
made by the State Government in this behalf, within his jurisdiction, examine
the crops grown in any plantation or any worker employed therein or require the
production of any register or other document maintained in pursuance of this
Code, and take on the spot or otherwise statement of any person which he may
consider necessary for carrying out the purposes of this Code relating to
plantation; (v) supply information
and sensitise the employers and workers regarding the provisions of this Code
and compliance thereof; (vi) ?require the production of any register or any
other document relating to the workplace or work activity; (vii) search or seize, or
take copies of, any register, record or other document or any portion thereof,
as he may consider necessary in respect of any offence under this Code, which
he has reason to believe, has been committed; (viii) direct the concerned
occupier or employer that any premises or any part thereof, or anything lying
therein, shall be left undisturbed (whether generally or in particular
respects) for so long as is necessary for the purpose of any inspection or
inquiry; (ix) take measurements,
photographs and videographs and make such recordings as he considers necessary
for the purpose of any examination or inquiry; (x) take samples of any
articles or substances found in any establishment or premises into which he has
power to enter and of the air of the atmosphere in or in the vicinity of any
such establishment or premises in such manner as may be prescribed by the
appropriate Government; (xi) in case of any
article or substance found in any establishment or premises, being an article
or substance which appears to him as having caused or is likely to cause danger
to the health and safety of the employees, direct it to be dismantled or
subject it to any process or test (but not so as to damage or destroy it unless
the same is, in the circumstances necessary, for carrying out the purposes of
any provision of this Code) and take possession of any such article or
substance or a part thereof, and detain it for so long as is necessary for such
examination; (xii) ?issue show cause notice relating to safety,
health and welfare provisions arising under this Code, rules, regulations and
bye-laws made there under; (xiii) prosecute, conduct or
defend before any court any complaint or other proceeding arising under this
Code, the rules and regulations made there under; and (xiv) exercise such other
powers and perform such other duties as may be prescribed by the appropriate
Government. (2)
Any
person required to produce any document or to give any information required by
an Inspector-cum-Facilitator under sub-section (1) shall be deemed to be
legally bound to do so within the meaning of section
175 and section
176 of
the Indian Penal Code (45 of 1860). (3)
The
provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far
as may be, apply to such search or seizure under sub-section (1) as they apply
to any search or seizure made under the authority of a warrant issued
under section 94 of the said
Code. The District Magistrate shall, within
the local limits of his jurisdiction, exercise such powers and duties of the
Inspector-cum-Facilitator in respect of mines as may be prescribed by the
Central Government. (1)
The
appropriate Government may, by notification, formulate a scheme to empanel
experts possessing such qualifications and experience as may be prescribed for
the purpose of such start-up establishments or class of establishments, as may
be specified in the notification. (2)
The
experts empanelled under sub-section (1), shall,-- (a)
be
assigned the third party audit and certification in a randomised manner, by the
appropriate Government through a web-based scheme; (b)
carry
out the audit and certification in the manner and for the purpose specified in
the scheme referred to in sub-section (1); (c)
perform
such duties as may be specified in such scheme and submit his report to the
concerned employer and to the Inspector-cum-Facilitator. (1)
Without
prejudice to the other powers of an Inspector-cum-Facilitator in this Code, an
Inspector-cum-Facilitator,-- (2)
shall
have the following special powers in respect of a factory, namely:-- (a)
where
it appears to the Inspector-cum-Facilitator that conditions in a factory or
part thereof are such that they may cause serious hazard or imminent danger by
way of injury or death to the persons employed therein or to the general public
in the vicinity, he may, by order in writing to the occupier of the factory,
state the particulars in respect of which he considers the factory or part
thereof to be the cause of such serious hazard or imminent danger and prohibit
such occupier from employing any person in the factory or any part thereof
other than the minimum number of persons necessary to attend to the minimum
tasks till the hazard or danger is removed; (b)
any
order issued by the Inspector-cum-Facilitator under sub-clause (a) shall have
effect for a period of three days until extended by the Chief
Inspector-cum-Facilitator by a subsequent order; (c)
any
person aggrieved by an order of the Inspector-cum-Facilitator under sub-clause
(a), and the Chief Inspector-cum-Facilitator under sub-clause (b), shall have
the right to appeal to the High Court; (d)
any
person whose employment has been affected by an order issued under sub-clause
(a), shall, without prejudice to the rights of the parties under the Industrial
Disputes Act, 1947 (14 of 1947), be entitled to wages and other benefits and it
shall be the duty of the occupier to provide alternative employment to him
wherever possible in such manner as may be prescribed by the appropriate
Government; (3)
shall
have the following special powers in respect of mines, namely:-- (a)
if,
in respect of any matter for which no express provision is made by or under
this Code, it appears to the Chief Inspector-cum-Facilitator or an
Inspector-cum-Facilitator that any mine or part thereof or any matter, thing or
practice in or connected with the mine, or with the control, supervision,
management or direction thereof, is dangerous to human life or safety or is
defective so as to threaten or tend to cause, the bodily injury of any person,
he may give notice in writing thereof to the employer of the mine stating
therein the particulars in respect of which he considers the mine or part
thereof or the matter, thing or practice to be dangerous or defective and
require the same to be remedied within such time and in such manner as he may
specify in the notice; (b)
where
the employer of a mine fails to comply with the terms of a notice given under
sub-clause (a) within the period specified therein, the Chief
Inspector-cum-Facilitator or the Inspector-cum-Facilitator may, by order in
writing, prohibit the employment in or about the mine or any part thereof of
any person whose employment is not in his opinion reasonably necessary for
securing compliance with the terms of the notice; (c)
without
prejudice to the provisions contained in sub-clause (a), the Chief
Inspector-cum-Facilitator or the Inspector-cum-Facilitator may, by order in
writing addressed to the employer of a mine, prohibit the extraction or
reduction of pillars or blocks of minerals in the mine or part thereof, if, in
his opinion, such operation is likely to cause the crushing of pillars or
blocks of minerals or the premature collapse of any part of the workings or
otherwise endanger the mine or the life or safety of persons employed therein
or if, in his opinion, adequate provision against the outbreak of fire or
flooding has not been made by providing for the sealing off and isolation of
the part of the mine in which such operation is contemplated and for
restricting the area that might be affected by fire or flooding; (d)
if
the Chief Inspector-cum-Facilitator or an Inspector-cum-Facilitator authorised,
by general or special order in writing by the Chief Inspector-cum-Facilitator,
is of opinion that there is urgent and immediate danger to the life or safety
of any person employed in any mine or part thereof, he may, by order in writing
containing a statement of the grounds of his opinion, prohibit until he is
satisfied that the danger is removed, the employment in or about the mine or
any part thereof of any person whose employment is not in his opinion
reasonably necessary for the purpose of removing the danger; (e)
every
person whose employment is prohibited under sub-clause (b) or sub-clause (d)
shall be entitled to payment of full wages for the period for which he would
have been, but for the prohibition, in employment and the employer shall be
liable for payment of such full wages of that person: Provided that the employer may instead
of paying such full wages provide such person with an alternative employment at
the same wages which such person was receiving in the employment which was
prohibited; (f)
where
a notice has been given under sub-clause (a) or an order is made under
sub-clause (b) or sub-clause (c) or sub-clause (d) by an
Inspector-cum-Facilitator, the employer of the mine may, within ten days after
the receipt of the notice or order, as the case may be, appeal against the same
to the Chief Inspector-cum-Facilitator who may confirm, modify or cancel the
notice or order; (g)
the
Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator sending a
notice under sub-clause (a) or making an order under sub-clause (b) or
sub-clause (c) or sub-clause (d) and the Chief Inspector-cum-Facilitator making
an order (other than an order of cancellation in appeal) under sub-clause (f)
shall forthwith report the same to the Central Government; (h)
if
the employer of the mine objects to a notice sent under sub-clause (a) by the
Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator or to an order
made by the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator
under sub-clause (b) or sub-clause (c) or sub-clause (d) or sub-clause (f), as
the case may be, he may, within twenty days after the receipt of the notice
containing the requisition or of the order or after the date of the decision on
appeal, as the case may be, send his objection in writing stating the grounds
thereof to the Central Government which shall, ordinarily within a period of
one month from the date of receipt of the objection, decide the matter; (i)
every
notice under sub-clause (a), or order under sub-clause (b) or sub-clause (c) or
sub-clause (d) or sub-clause (f), to which objection is made under sub-clause
(h), shall be complied with, pending the objection with the concerned Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator of the mine, for the
decision of the Central Government: Provided that the Central Government
may, on the application of the employer, suspend the operation of a notice
under sub-clause (a), pending its decision on the objection; (j)
?nothing in this section shall affect the
powers of a magistrate under section 144 of the Code of
Criminal Procedure, 1973 (2 of 1974); (k)
where
in respect of any matter relating to safety of mine for which express provision
is made by or under this Code, the employer of a mine fails to comply with such
provisions, the Chief Inspector-cum-Facilitator may give notice in writing
requiring the same to be complied with within such time as he may specify in
the notice or within such extended period of time as he may, from time to time,
specify thereafter; (l)
?where the employer fails to comply with the
terms of a notice given under sub-clause (k) within the period specified in
such notice or within the extended period of time specified under that
sub-clause, the Chief Inspector-cum-Facilitator may, by order in writing,
prohibit the employment, in or about the mine or any part thereof, of any
person whose employment is not, in his opinion, reasonably necessary for
securing compliance with the terms of the notice; (m)
every
person whose employment is prohibited under sub-clause (l), shall be entitled
to payment of full wages for the period for which he would have been, but for
the prohibition, in employment, and the owner, agent or manager referred to in
section 67 shall be liable for payment of such full wages of that person: Provided that the employer may, instead
of paying such full wages, provide such person with an alternative employment
at the same wages which such person was receiving in the employment which was
prohibited under sub-clause (l); (n)
the
provisions of sub-clauses (g), (h) and (i) shall apply in relation to a notice
issued under sub-clause (k) or an order made under sub-clause (l) as they apply
in relation to a notice or an order under sub-clause (b); (o)
the
Chief Inspector-cum-Facilitator may, for reasons to be recorded in writing,
reverse or modify any order passed by him under this Code or under any
regulation, rule or bye-law made there under in relation to mine; (p)
no
order prejudicial to the owner, agent or manager of a mine shall be made under
this section unless such owner, agent or manager has been given a reasonable
opportunity of making representation; (q)
the
Central Government may reverse or modify any order passed by Chief
Inspector-cum-Facilitator under this Code or under any regulation, rule or
bye-laws there under in relation to mine; (4)
shall
have the following special powers in respect of dock work namely:-- (a)
if
it appears to an Inspector-cum-Facilitator that any place where any dock work
is being carried on is in such a condition that it is dangerous to life, safety
or health, of workers employed in dock work, he may, in writing, serve on the
employer, an order prohibiting any dock work, in such place, until measures
have been taken to remove the cause of the danger to his satisfaction; (b)
an
Inspector-cum-Facilitator after serving an order under clause (a) shall endorse
a copy thereof to the Chief Inspector-cum-Facilitator who may modify or cancel
the order without waiting for an appeal; (c)
any
person aggrieved by an order under clause (a) or clause (b) may, within fifteen
days from the date on which the order is communicated to him, prefer an appeal
to the Chief Inspector-cum-Facilitator or where such order is by the Chief
Inspector-cum-Facilitator, to the Central Government and the Chief
Inspector-cum-Facilitator or the Central Government shall, after giving the
appellant an opportunity of being heard, dispose of the appeal within sixty
days: Provided that the Chief
Inspector-cum-Facilitator or the Central Government may entertain the appeal
after the expiry of the said period of fifteen days, if he or it is satisfied
that the appellant was prevented by sufficient cause from filing the appeal in
time: Provided further that an order under
clause (a) or an order modified under clause (b) shall be complied with,
pending the decision of the Chief Inspector-cum-Facilitator or the Central
Government. (5)
Without
prejudice to the other powers of an Inspector-cum-Facilitator elsewhere in this
Code,-- (a)
if
it appears to the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator
that any site or place at which any building or other construction work is
being carried on, is in such condition that it is dangerous to life, safety or
health of building workers or the general public, he may, in writing serve, on
the employer of building workers working at such site or place or on the
employer of the establishment in which such site or place is situated or on the
person in charge of such site or place, an order prohibiting any building or other
construction work at such site or place until measures have been taken to
remove the cause of the danger to his satisfaction; (b)
an
Inspector-cum-Facilitator serving an order under clause (a) shall endorse a
copy of the order to the Chief Inspector-cum-Facilitator; (c)
such
prohibition order made by the Inspector-cum-Facilitator shall be complied with
by the employer forthwith. (6)
Any
person aggrieved by an order under clause (a) of sub-section (2), may, within
fifteen days from the date on which the order is communicated to him, prefer an
appeal to the Chief Inspector-cum-Facilitator or where such order is by the
Chief Inspector-cum-Facilitator, to the appropriate Government and the Chief
Inspector-cum-Facilitator or the appropriate Government, as the case may be,
shall, after giving the appellant an opportunity of being heard, dispose of the
appeal within sixty days: Provided that the Chief
Inspector-cum-Facilitator or the appropriate Government may, entertain the
appeal after the expiry of the said period of fifteen days if it is satisfied
that the appellant was prevented by sufficient cause from filing the appeal in
time: Provided further that the order under
clause (a) of sub-section (2), shall be complied with, subject to the decision
of the Chief Inspector-cum-Facilitator or the appropriate Government as the
case may be. (1)
All
copies of, and extracts from, registers or other records pertaining to any establishment
and all other information relating to any manufacturing or commercial business
or any working process acquired by the Chief Inspector-cum-Facilitator or an
Inspector-cum-Facilitator or by any one assisting him, in the course of the
inspection or survey of any establishment under this Code or acquired by any
officer authorised under section 20 in the exercise of his duties there under,
shall be regarded as confidential and shall not, while in service or after
leaving the service, be disclosed to any person or authority unless the Chief
Inspector-cum-Facilitator or the Inspector-cum-Facilitator considers disclosure
necessary to ensure the health, safety or welfare of any person employed in
establishment. (2)
Nothing
in sub-section (1) shall apply to the disclosure of any such information to? (a)
any
court; (b)
any
Committee or Board constituted under this Code; (c)
an
official superior or the employer of the establishment concerned; (d)
a
Commissioner for employees' compensation appointed under the Employees' Compensation
Act, 1923 (8 of 1923); (e)
the
Controller, Indian Bureau of Mines; and (f)
any
such officer, authority or authorised person as may be specified in this behalf
by the appropriate Government. (3)
Notwithstanding
anything contained in the Right to Information Act, 2005(22 of 2005), no Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator shall disclose the
source of any complaint, made to him regarding the contravention of the
provisions of this Code without the consent of the complainant and shall also
not while making an inspection under this Code in pursuance of such complaint,
disclose to the employer concerned or any of his representative that the
inspection is being made in pursuance of such complaint. Every employer of an establishment
shall afford the Chief Inspector-cum-Facilitator and every
Inspector-cum-Facilitator having jurisdiction or every person authorised by the
Chief Inspector-cum-Facilitator all reasonable facilities for making any entry,
inspection, survey, measurement, examination or inquiry under this Code. Any person in the service of the
Government duly authorised in this behalf by a special order in writing of the
Chief Inspector-cum-Facilitator or of an Inspector-cum-Facilitator may, for the
purpose of surveying, leveling or measuring any mine or any output therefrom,
after giving not less than three days' notice to the manager of such mine,
enter the mine and may survey, level or measure the mine or any part thereof or
any output therefrom at any time by day or night: Provided that, where in the opinion of
the Chief Inspector-cum-Facilitator or of an Inspector-cum-Facilitator
an emergency exists, he may, by order in writing, authorise any such person to
enter the mine for any of the aforesaid purposes without giving any such
notice. (1) The appropriate Government
may appoint medical practitioners having prescribed qualification to be medical
officers for the purposes of this Code in relation to factory, mines,
plantation, motor transport undertakings and in any other establishment as may
be prescribed: Provided that the medical officers so
appointed shall before entering into their office shall disclose to the
appropriate Government their interest in the concerned establishment. (2)
The
medical officer shall perform the following duties, namely:-- (a)
the
examination and certification of workers in a mine or factory or in such other
establishment engaged in such dangerous occupations or processes as may be
prescribed; (b)
the
exercise of such medical supervision for any factory, mines, plantation, motor
transport undertaking and for such other establishment as may be prescribed by
the appropriate Government where cases of illness have occurred which it is
reasonable to believe are due to the nature of any process carried on or other
conditions of work prevailing in such establishments; (c)
the
examination and certification of adolescent for the purpose of ascertaining his
fitness for employment in factory, plantation, motor transport undertakings and
in any other establishment as may be prescribed by the appropriate Government
in any work which is likely to cause injury to their health. Women shall be entitled to be employed
in all establishments for all types of work under this Code and they may also
be employed, with their consent before 6 a.m. and beyond 7 p.m. subject to such
conditions relating to safety, holidays and working hours or any other
condition to be observed by the employer as may be prescribed by the
appropriate Government. Where the appropriate Government
considers that the employment of women is dangerous for their health and
safety, in an establishment or class of establishments or in any particular
hazardous or dangerous processes in such establishment or class of
establishments, due to the operation carried out therein, such Government may
in the prescribed manner, require the employer to provide adequate safeguards
prior to the employment of women for such operation. (1)
This
Part shall apply to? (2)
every
establishment in which fifty or more contract labour are employed or were
employed on any day of the preceding twelve months through contract; (3)
every
manpower supply contractor who has employed, on any day of the preceding twelve
months, fifty or more contract labour. (4)
This
Part shall not apply to the establishment in which work only of an intermittent
or casual nature is performed: Provided that if a question arises as
to whether work performed in an establishment is of an intermittent or casual
nature, the appropriate Government shall decide that question after
consultation with the National Board or a State Advisory Board and its decision
thereon shall be final. Explanation.--For the purpose of this
sub-section, work performed in an establishment shall not be deemed to be of an
intermittent nature-- (5)
?if it was performed for more than one hundred
and twenty days in the preceding twelve months; or (6)
?if it is of seasonal character and is
performed for more than sixty days in a year. The appropriate Government may, by an
order, appoint such persons, being Gazetted officers of the Government, as it
thinks fit to be designated as authority under sub-section (1) of section 119
and specify the limits of their jurisdiction and vest with such powers and
duties including dealing with issuance and revocation of licences
electronically as may be specified therein. (1)
No
contractor to whom this Part applies shall? (a)
supply
or engage contract labour in any establishment; or (b)
undertake
or execute the work through contract labour, except under and in
accordance with a licence issued to him by the authority referred to in sub-section
(1) of section 119 in accordance with the provisions of that section after
satisfying that the contractor fulfills such requisite qualifications or
criteria as may be prescribed by the Central Government and such licence shall,
in addition to the requisite particulars and conditions specified in
sub-section (3), specify the number of such contract labour who can be supplied
or engaged and the amount of security to be deposited by the contractor. (2)
Where
the contractor does not fulfil the requisite qualifications or criteria
referred to in sub-section (1), the authority referred to in sub-section (1) of
section 119 may issue him a "work specific licence" electronically
renewable within such period as may be prescribed by the Central Government to
supply or engage the contract labour, or execute the work through contract
labour, only for the concerned work order as may be specified in such licence
and subject to such conditions as may be specified in such licence. (3)
Subject
to the provisions of this Part,-- (a)
a
licence under sub-section (1) may contain such conditions including, in
particular, conditions as to hours of work, fixation of wages and other
essential amenities in respect of contract labour as may be prescribed by the
appropriate Government; (b)
the
licence referred to in sub-section (1) or sub-section (2), shall be obtained
from, if for such establishment the appropriate Government is- (c)
the
Central Government, the authority referred to in sub-section (1) of section 119
designated by that Government; and (d)
the
State Government, the authority referred to in sub-section (1) of section 119
designated by that Government: Provided that where the contractor is
desirous of obtaining licence for supplying or engaging contract labour or
undertaking or executing the contract works under sub-section (1) or
sub-section (2) in more than one States or for the whole of India, then, he may
obtain the licence from the authority referred to in sub-section (1) of section
119 designated by the Central Government for such purpose and the provisions of
that section shall apply: Provided further that before issuing
such licence the authority referred to in the first proviso shall consult the
concerned State or States authorities designated under sub-section (1) of section
119, electronically before issuing licence for the establishments for which the
appropriate Government is the State Government. (1)
Subject
to the provisions of section 119, every application for issuing a licence under
section 119 for the purposes of sub-section (1) or sub-section (2) of section
47 shall be made electronically in such form and manner and shall contain such
particulars regarding the number of contract labour, nature of work for which
contract labour is to be employed and such other particulars including the
information relating to the employment of inter-State migrant workers as may be
prescribed by the appropriate Government. (2)
Subject
to the provisions of section 119, the authority referred to in sub-section (1)
thereof shall follow such procedure as may be prescribed by the appropriate
Government. (3)
Subject
to the provisions of section 119, the licence issued for the purposes of
sub-section (1) of section 47 shall be valid for a period of five years in
respect of the number of contract labour specified therein and in case the
contractor wants to increase the number of the contract labour, he shall apply
in the prescribed manner for the amendment to the licence for such purpose to
the authority referred to in sub-section (1) of section 119 and if the licence
is so amended, the number of contract labour shall be increased to such extent
by depositing such security deposit as specified in the amended licence for the
balance period. (4)
Subject
to the provisions of section 119, the licence issued for the purposes of
sub-section (1) of section 47 shall contain responsibility of the contractor as
may be prescribed by the appropriate Government. The contractor shall not charge
directly or indirectly, in whole or in part, any fee or commission from the
contract labour. (1)
When
a contractor receives work order from an establishment either to supply
contract labour in the establishment or to execute the contract through
contract labour in the establishment he shall, within such time and in such
manner as may be prescribed, intimate to the authority referred to in section
119. (2)
Where
the contractor fails to give intimation under sub-section (1), the designated
authority may, after giving the holder of the licence an opportunity of showing
cause, suspend or cancel the licence in such manner as may be prescribed by the
appropriate Government. (1)
If
the authority referred to in sub-section (1) of section 119 is satisfied,
either on a reference made to him in this behalf or otherwise, that? (a)
a
licence granted for the purposes of this Part has been obtained by
misrepresentation or suppression of any material fact, or (b)
the
holder of a licence has, failed to comply with the conditions subject to which
the licence has been granted or has contravened any of the provisions of this
Part or the rules made there under, then, without prejudice to
any other penalty to which the contractor may be liable under this Code, the
authority referred to in sub-section (1) of section 119 may, after giving the
contractor an opportunity of showing cause, revoke or suspend the licence in
accordance with the procedure as may be prescribed by the Central Government. (2)
Subject
to any rules that may be made in this behalf, the authority referred to in
sub-section (1) of section 119 may amend a licence granted for the purposes of
this Part. (1) Any person aggrieved
by an order made under section 47, section 48 or section 51 may, within thirty
days from the date on which the order is communicated to him, prefer an appeal
to an appellate authority prescribed by the appropriate Government under
sub-section (6) of section 119: Provided that the appellate authority
may entertain the appeal after the expiry of the said period of thirty days, if
he is satisfied that the appellant was prevented by sufficient cause from
filing the appeal in time. (2) On receipt of an
appeal under sub-section (1), the appellate authority shall, after giving the
appellant an opportunity of being heard, dispose of the appeal within thirty
days from the date on which the appeal is preferred. Welfare facilities specified under
section 23 and section 24 shall be provided by the principal employer of the
establishment to the contract labour who are employed in such establishment. Where any principal employer of an
establishment is employing contract labour through a contractor who is required
to obtain a licence under this Part, but he has not obtained such licence,
then, such employment shall be deemed to be in contravention of the provision
of this Code. (1)
A
contractor shall be responsible for payment of wages to each contract labour
employed by him and such wages shall be paid before the expiry of such period
as may be prescribed by the appropriate Government. (2)
Every
contractor shall, make the disbursement of wages referred to in sub-section (1)
through bank transfer or electronic mode and inform the principal employer
electronically the amount so paid by such mode: Provided that where it is not
practicable to disburse payment in the mode specified in this section, then,
the payment shall be made in such manner as may be prescribed by the
appropriate Government. (3)
In
case the contractor fails to make payment of wages referred to in sub-section
(1) within the prescribed period or makes short payment, then, the principal
employer shall be liable to make payment of the wages in full or the unpaid
balance due, as the case may be, to the concerned contract labour employed by
the contractor and recover the amount so paid from the contractor either by
deduction from any amount payable to the contractor under any contract or as a
debt payable by the contractor. (4)
The
appropriate Government, in the event the contractor does not pay the wages to
the contract labour employed by him, shall pass the orders of making payment of
such wages from the amount deposited by such contractor as security deposit
under the licence issued by the licensing officer to the contractor, in such
manner as may be prescribed by such Government. Every concerned contractor shall issue,
on demand, experience certificate, in such form as may be prescribed by the
appropriate Government, to the contract labour giving details of the work
performed by such contract labour. (1) Notwithstanding
anything contained in this Part, employment of contract labour in core
activities of any establishment is prohibited: Provided that the principal employer
may engage contract labour through a contractor to any core activity, if-- (a)
the
normal functioning of the establishment is such that the activity is ordinarily
done through contractor; or (b)
the
activities are such that they do not require full time workers for the major
portion of the working hours in a day or for longer periods, as the case may
be; (c)
any
sudden increase of volume of work in the core activity which needs to be
accomplished in a specified time. (2)
(a)
The appropriate Government may, by notification, appoint a designated authority
to advise that Government on the question whether any activity of an
establishment is a core activity or otherwise; (b) if a question arises as to whether
any activity of an establishment is a core activity or otherwise, the aggrieved
party may make an application in such form and manner as may be prescribed, to
the appropriate Government for decision; (c) the appropriate Government may
refer any such question suo motu or refer the application to the designated
authority, which on the basis of relevant material in its possession, or after
making such an enquiry as it deems fit, shall report to the appropriate
Government, within such period and thereafter the appropriate Government shall
decide the question within such period as may be prescribed. The appropriate Government may, in the
case of an emergency, direct, by notification, that subject to such conditions
and restrictions, if any, and for such period, as may be specified in the
notification, all or any of the provisions of this Code or the rules made there
under shall not apply to any establishment or class of establishments or any
class of contractors. This Part shall apply to every
establishment in which ten or more inter-State migrant workers are employed or
were employed on any day of the preceding twelve months. It shall be the duty of every
contractor or the employer, of an establishment employing inter-State migrant
workers in connection with the work of that establishment-- (i)
to
ensure suitable conditions of work to such worker having regard to the fact
that he is required to work in a State different from his own State; (ii)
in
case of fatal accident or serious bodily injury to any such worker, to report
to the specified authorities of both the States and also the next of kin of the
worker; (iii)
to
extend all benefits to such worker which are available to a worker of that
establishment including benefits under the Employees' State Insurance Act, 1948
(34 of 1948) or the Employees' Provident Funds and Miscellaneous Provisions
Act, 1952 (19 of 1952) or any other law for the time being in force and the
facility of medical check-up as available to a worker under clause (c) of
sub-section (1) of section 6. The employer shall pay, to every
inter-State migrant worker employed in his establishment, in a year a lump sum
amount of fare for to and fro journey to his native place from the place of his
employment, in the manner taking into account the minimum service for
entitlement, periodicity and class of travel and such other matters as may be
prescribed by the appropriate Government. The appropriate Government shall make
schemes to provide-- (a)
option
to an inter-State migrant worker for availing benefits of public distribution
system either in his native State or the destination State where he is
employed; and (b)
for
portability of the benefits of the inter-State migrant worker working for
building or other construction work out of the building and other construction
cess fund in the destination State where such inter-State migrant worker is
employed. The appropriate Government may provide
facility of toll free helpline to the inter-State migrant workers in such
manner as may be prescribed by that Government. The appropriate Government may provide
for study of inter-State migrant workers in such manner as may be prescribed by
that Government. No suit or other proceeding shall lie
in any court or before any authority for the recovery of debt or any part
thereof relating to an inter-State migrant worker after the completion of his
employment where it remains unsettled obligation to the contractor or the
principal employer and such debt or part thereof shall, on the completion of
the period of employment of such worker, be deemed to have been extinguished. (1)
No
person shall be employed as an audio-visual worker in or in connection with
production of any audio-visual programme unless,-- (a)
an
agreement in writing is entered into? (b)
with
such person by the producer of such audio-visual programme; or (c)
with
such person by the producer of such audio-visual programme with the contractor,
where such person is employed through such contractor; or (d)
with
such person by the contractor or other person through whom such person is
employed; and (e)
?such agreement is registered with the
competent authority, to be notified by the appropriate Government, by the
producer of such audio-visual programme. (2)
Every
agreement, referred to in sub-section (1) shall,-- (a)
be
in the prescribed form; (b)
specify
the name and such other particulars as may be prescribed by the appropriate
Government with respect to, such person to be employed under the agreement as
audio-visual worker; (c)
include,
where such audio-visual worker is employed through a contractor, a specific
condition to the effect that in the event of the contractor failing to
discharge his obligations under the agreement to the audio-visual worker with
respect to payment of wages or any other matter, the producer of the
audio-visual programme shall also be liable to discharge such obligations and
shall be entitled to be reimbursed with respect thereto by the contractor. (3)
A
copy of the agreement referred to in sub-section (1) with respect to the
employment of the audio-visual worker shall, if such audio-visual worker is
covered under the provision of an enactment for the time being in force for
providing the benefit of provident fund to him, also be forwarded by the
producer of the audio-visual programme to such authority as may be prescribed
by the appropriate Government. (4)
Notwithstanding
anything contained in Chapters V, VI and VII, the agreement referred to in
sub-section (1) shall include,-- (i)
nature
of assignment; (ii)
wages
and other benefits (including provident fund, if covered under the Employees?
Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952)); (iii)
health
and working conditions; (iv)
safety; (v)
hours
of work; (vi)
welfare
facilities; and (vii)
dispute
resolution process or mechanism, the constitution and other details of which
shall be prescribed by the appropriate Government: Provided that in case of failure of the
resolution of the dispute in such dispute resolution process or mechanism,
either party in the dispute may invoke the jurisdiction of the Industrial
Tribunal established by the appropriate Government under section
7A of
the Industrial Disputes Act, 1947 (14 of 1947) and for such purpose such
dispute shall be deemed to be industrial dispute within the meaning of that Act
and it shall be the responsibility of the producer of the audio-visual
programme to provide the facilities specified in the agreement to the
audio-visual worker and the payment of wages shall be through electronic mode. (1) Save as may be
otherwise prescribed, every mine shall be under a sole manager who shall have
such qualifications as may be prescribed by the Central Government and the
owner or agent of every mine shall appoint a person having such qualifications
to be the manager: Provided that the owner or agent may appoint
himself as manager if he possesses the prescribed qualifications. (2)
Subject
to any instructions given to him by or on behalf of the owner or agent of the
mine, the manager shall be responsible for the overall management, control,
supervision and direction of the mine and all such instructions when given by
the owner or agent shall be confirmed in writing forthwith. (3)
Except
in case of an emergency, the owner or agent of a mine or anyone on his behalf
shall not give, otherwise than through the manager, instructions affecting the
fulfilment of his statutory duties, to a person, employed in a mine, who is
responsible to the manager. (1)
The
provisions of this Code, except those contained in sections 35, 38, 40, 41 and
44, shall not apply to? (a)
any
mine or part thereof in which excavation is being made for prospecting purposes
only and not for the purpose of obtaining minerals for use or sale subject to
such conditions relating to number of employees, depth of excavation and other
matters as may be prescribed by the Central Government; (b)
any
mine engaged in the extraction of kankar, murrum, laterite, boulder, gravel,
shingle, ordinary sand (excluding mouldings and glass sand and other mineral
sands), ordinary clay (excluding kaolin, china clay, white clay or fire clay),
building stone, slate, road metal, earth, fullers earth (marl, chalk) and lime
stone subject to such conditions relating to workings, open cast workings and
explosives as may be prescribed by the Central Government. (2)
Notwithstanding
anything contained in sub-section (1), the Central Government may declare that
the provisions of this Code shall apply to such mine or part thereof as may be
prescribed by the Central Government. (3)
Without
prejudice to the provisions contained in sub-section (2), if at any time any of
the conditions specified in clause (a) or clause (b) of sub-section (1) is not
fulfilled in relation to any mine referred to in that sub-section, the
provisions of this Code not set out in sub-section (1), shall become
immediately applicable, and it shall be the duty of the employer of the mine to
inform about such non-fulfilment to such authority in such manner and within
such time as may be prescribed by the Central Government. (1) In case of an
emergency involving serious risk to the safety of the mine or of persons
employed therein, or in case of an accident, whether actual or apprehended, or
in case of any act of God or in case of any urgent work to be done to
machinery, plant or equipment of the mine as a result of breakdown of such
machinery plant or equipment, the manager may, subject to the provision of
clause (B) of sub-section (1) of section 38 and in accordance with the provisions
of section 25 relating to exemption from hours of work above ground, hours of
work below ground and notification regarding hours of work and weekly day of
rest relating to mines under section 26, permit persons to be employed in
contravention of sections 25 and 30 and sub-section (1) of section 31 on such
work as may be necessary to protect the safety of the mine or of the persons
employed therein: Provided that in case of any urgent
work to be done to machinery, plant or equipment under this section, the
manager may take the action permitted by this section, although the production
of mineral would thereby be incidentally affected, but any action so taken
shall not exceed the limits necessary for the purpose of avoiding serious
interference with the ordinary working of the mine. (2) Every case in which
action has been taken by the manager under sub-section (1), shall be recorded
together with the circumstances relating thereto and a report thereof shall
also be made to the Chief Inspector-cum-Facilitator or the
Inspector-cum-Facilitator. (1)
No
person below eighteen years of age shall be allowed to work in any mine or part
thereof. (2)
Notwithstanding
anything contained in sub-section (1), apprentices and other trainees, not
below sixteen years of age, may be allowed to work, under proper supervision,
in a mine or part thereof by the manager as referred to in section 67: Provided that in the case of trainees,
other than apprentices, prior approval of the Chief Inspector-cum-Facilitator
or an Inspector-cum-Facilitator shall be obtained before they are allowed to
work. (3) The Central
Government may prescribe the provisions for medical examination of apprentice,
other trainee and employee in the mine to ensure their fitness to work and to
prevent the persons below sixteen years of age to work as apprentice or trainee
and those who are not adults to work as such employee. Explanation.--In this section,
"apprentice" means an apprentice as defined in clause (a) of section
2 of
the Apprentices Act, 1961 (52 of 1961). The Central Government may make rules
to provide for exemption to certain persons or category of persons employed in
mines from the provisions of sub-section (1) of section 25, sub-section (1) of
section 26, section 30 and sub-section (1) of section 31. The Central Government may prescribe
vocational training and rescue and recovery services for persons employed in a
mine. If any question arises as to whether
any excavation or working or premises in or adjacent to and belonging to a
mine, on which any process ancillary to the getting, dressing or preparation
for sale of minerals or of coke is being carried on in a mine within the
meaning of this Code, the Central Government may decide the question, and a
certificate signed by a Secretary to the Government of India in the Ministry of
Labour and Employment shall be conclusive proof thereof. (1)
Save
as otherwise provided in this Part, no employer shall use or allow to use any
place or premises as an industrial premises unless he holds a valid licence
issued under section 119 for the purposes of this Part and no such premises
shall be used except in accordance with the terms and conditions of such
licence. (2)
Subject
to the provisions of section 119, any person who intends to use or allows to
use any place or premises specified in sub-section (1) shall make an
application to the authority referred to in sub-section (1) of section 119, in
such form and on payment of such fees as may be prescribed by the State
Government, for a licence to use, or allow to use, such premises as an
industrial premises. (3)
Subject
to the provisions of section 119, the application shall specify the maximum
number of employees proposed to be employed at any time of the day in the place
or premises and shall be accompanied by a plan of the place or premises
prepared in such manner as may be prescribed by the State Government. (4)
Subject
to the provisions of section 119, the authority referred to in sub-section (1)
thereof shall, in deciding whether to grant or refuse to grant a licence, have
regard to the following matters, namely:-- (a)
the
suitability of the place or premises which is proposed to be used for the
manufacture of beedi or cigar or both; (b)
previous
experience of the applicant or he has employed experienced person or has
entered into agreement with the experienced person for employment for the
period of licence; (c)
the
financial resources of the applicant including his financial capacity to meet
the demands arising out of the provisions of the laws for the time being in
force relating to welfare of labour; (d)
whether
the application is made bona fide on behalf of the applicant himself or in
benami of any other person; (e)
welfare
of the labour in the locality, the interest of the public generally and such
other matters as may be prescribed by the State Government. (5)
Subject
to the provisions of section 119, a licence granted under the said section for
the purposes of this section shall be valid for five years and may be renewed
thereafter. (6)
Subject
to the provisions of section 119, an application for the renewal of a licence
for the purposes of this Part shall be made at least thirty days before the
expiry of the period thereof, on payment of such fees as may be prescribed by
the State Government, and where such an application has been made, the licence
shall be deemed to continue, notwithstanding the expiry of the period thereof,
until the renewal of the licence, or, as the case may be, the rejection of the
application for the renewal thereof: Provided that the authority referred to
in sub-section (1) of section 119 shall not grant or renew a licence unless it
is satisfied that the provisions of this Part and the rules made there under
have been complied with: Provided further that the authority
referred to in sub-section (1) of section 119 shall renew or refuse to renew
the licence within such period as may be prescribed by the State Government and
in deciding whether to renew a licence or to refuse a renewal thereof shall
have regard to the matters specified in sub-section (4). (7)
Subject
to the provisions of section 119, the authority referred to in sub-section (1)
thereof may, after giving the holder of a licence an opportunity of being
heard, cancel or suspend any licence granted or renewed under section 119 for
the purposes of this Part, if it appears to it that such licence has been
obtained by misrepresentation or fraud or that the licence has contravened or
failed to comply with any of the provisions of this Part or the rules made
there under or any of the terms or conditions of the licence. (8)
The
State Government may issue in writing to an authority referred to in
sub-section (1) of section 119 such directions of a general character as that
Government may consider necessary in respect of any matter relating to the
grant or renewal of licence under section 119 relating to this section. (9)
Subject
to section 119 and the foregoing provisions of this section, the authority
referred to in sub-section (1) of section 119 may grant or renew licence
relating to this Part on such terms and conditions as it may determine and
where such authority refuses to grant or renew any licence, it shall do so by
an order communicated to the applicant, giving the reasons in writing for such
refusal. Any person aggrieved by the decision of
the authority referred to in sub-section (1) of section 119 refusing to grant
or renew a licence, or cancelling or suspending a licence, relating to this
Part may, within such time and on payment of such fees as may be prescribed,
appeal to the appellate authority referred to in sub-section (6) of section
119, and such authority may by order confirm, modify or reverse any order
refusing to grant or renew a licence, or cancelling or suspending a licence,
relating to this Part. (1)
The
State Government may permit the wetting or cutting of beedi or tobacco leaves
by employees outside the industrial premises on an application made to it by
the employer on behalf of such employees, subject to such conditions as may be
prescribed. (2)
The
employer shall maintain the record of the work permitted under sub-section (1),
to be carried on outside the industrial premises, in such form as may be
prescribed. (3)
Save
as otherwise provided in this section, no employer shall require or allow any
manufacturing process connected with the making of beedi or cigar or both to be
carried on outside the industrial premises: Provided that nothing in this
sub-section shall apply to any worker who is given raw material by an employer
or a contractor to make beedi or cigar or both at home. Nothing contained in this Part shall
apply to the owner or occupier of a private dwelling house, not being an
employee of an employer to whom this Part applies, who carries on any
manufacturing process in such private dwelling house with the assistance of the
members of his family living with him in such dwelling house and dependent on
him. Explanation.--For the purposes of this
section,-- (i)
"family"
does not include child, as defined in the Child and Adolescent (Prohibition and
Regulation) Act, 1986 (61 of 1986), for this section; (ii)
"private
dwelling house" means a house in which persons engaged in the manufacture
of beedi or cigar or both reside. No person, about whom the employer
knows or has reasons to believe that he is a deaf or he has a defective vision
or he has a tendency to giddiness, shall be required or allowed to work in any
such operation of building or other construction work which is likely to
involve a risk of any accident either to the building worker himself or to any
other person. (1)
The
appropriate Government may make rules in respect of factory or class or
description of factories for? (a)
the
submission of plans including specifications, nature and certification thereof; (b)
the
previous permission for the site on which the factory is to be situated and for
the construction or extension thereof; and (c)
subject
to the provision of sub-section 119, licensing and renewal thereof including
fees to be payable for such, licensing and renewal, if required, as the case
may be. (2)
If
on an application for permission referred to in clause (b) of sub-section (1)
accompanied by the plans and specifications required by the rules made under
clause (a) of that sub-section, sent to the State Government or Chief
Inspector-cum-Facilitator in the electronic mode, no order is communicated to
the applicant within such period not exceeding thirty days, the permission
applied for in the said application shall be deemed to have been granted. (3)
Where
a State Government or a Chief Inspector-cum-Facilitator refuses to grant
permission to the site, construction or extension of a factory and licensing of
a factory, the applicant may within thirty days of the date of such refusal
appeal to the Central Government if the decision appealed from was of the State
Government and to the State Government in any other case. Explanation.--A factory shall not be
deemed to be extended within the meaning of this section by reason only of the
replacement of any plant or machinery or within such limits as may be
prescribed, of the addition of any plant or machinery if such replacement or
addition does not reduce the minimum clear space required for safe working around
the plant or machinery or adversely affect the environmental conditions from
the evolution or emission of steam, heat or dust or fumes injurious to health. Where any premises or separate
buildings are leased to different occupiers for use as separate factories, the
owner of the premises and occupiers of the factories utilising such common
facilities which include safety and fire prevention and protection, access,
hygiene, occupational health, ventilation, temperature, emergency preparedness
and response, canteens, shelter, rest rooms and cr?ches shall jointly and
severally be responsible for provision and maintenance of such common
facilities and services as may be prescribed by the appropriate Government. (1)
The
appropriate Government may, by notification, declare that all or any of the
provisions of this Part shall apply to any place wherein a manufacturing
process is carried on with or without the aid of power or is ordinarily carried
on irrespective of the number of workers working in the factory. (2)
After
a place is so declared, it shall be deemed to be a factory for the purposes of
this Code, and the owner shall be deemed to be the occupier, and any person
working therein, a worker. Explanation.--For the purposes of this
section, "owner" shall include a lessee or mortgagee with possession
of the premises. The appropriate Government may by rules
make the provisions relating to any factory or class or description of
factories in which manufacturing process or operation is carried on which
exposes any of the persons employed in it to a serious risk of bodily injury,
poisoning or disease, for-- (a)
specifying
the manufacturing process or operation and declaring it to be dangerous; (b)
prohibiting
or restricting the employment of pregnant women in the manufacturing process or
operation; (c)
the
periodical medical examination before, or at any time during the employment to
ascertain the fitness of a worker or employee for such employment on the cost
of the occupier; and (d)
welfare
amenities, sanitary facilities, protective equipment and clothing, and any
other requirement necessary for dangerous operations. (1)
The
appropriate Government may, constitute one or more site appraisal committees
consisting of a chairman and other members, for such purpose as may be
prescribed including to consider and to give recommendations on an application
for grant of permission for the initial location of a factory involving a
hazardous process or for the expansion of such factory. (2)
The
site appraisal committee referred to in sub-section (1) shall make its
recommendation within a period of thirty days of the receipt of the application
for any of the purpose referred to in the said sub-section in such form, as may
be prescribed. (1)
The
occupier of every factory involving a hazardous process shall disclose in the
manner prescribed by the State Government all information regarding dangers,
including health hazards and the measures to overcome such hazards arising from
the exposure to or handling of the materials or substances in the manufacture,
transportation, storage and other processes, to the workers employed in the
factory, the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator, the
local authority within whose jurisdiction the factory is situate and the
general public in the vicinity. (2)
The
occupier shall, at the time of registering the factory involving a hazardous
process, lay down a detailed policy with respect to the health and safety of
the workers employed therein and intimate such policy to the Chief Inspector-cum-Facilitator
or Inspector-cum-Facilitator and the local authority and, thereafter, at such
intervals as may be prescribed by the State Government, inform the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator and the local authority of
any change made in the said policy. (3)
The
information furnished under sub-section (1) shall include accurate information
as to the quantity, specifications and other characteristics of wastes and the
manner of their disposal. (4)
Every
occupier shall, with the approval of the Chief Inspector-cum-Facilitator, draw
up an on-site emergency plan and detailed disaster control measures for his
factory and make known to the workers employed therein and to the general
public living in the vicinity of the factory the safety measures required to be
taken in the event of an accident taking place. (5)
Every
occupier of a factory shall, if such factory proposes to engage in a hazardous
process at any time after the commencement of this Code, within a period of
thirty days before the commencement of such process, inform the Chief
Inspector-cum-Facilitator about the nature and details of the process in such
form and in such manner as may be prescribed by the State Government. (6)
Where
any occupier of a factory contravenes the provisions of sub-section (5), the
licence issued under section 79 to such factory shall, notwithstanding any
penalty to which the occupier of factory shall be subjected to under the
provisions of this Code, be liable for cancellation. (7)
The
occupier of a factory involving a hazardous process shall, with the previous
approval of the Chief Inspector-cum-Facilitator, lay down measures for the
handling, usage, transportation and storage of hazardous substances inside the
factory premises and the disposal of such substances outside the factory
premises and publicise them in the manner prescribed by the State Government
among the workers and the general public living in the vicinity. Every occupier of a factory involving
any hazardous process shall-- (a)
maintain
accurate and up-to-date health records or, as the case may be, medical records,
of the workers in the factory who are exposed to any chemical, toxic or any
other harmful substances which are manufactured, stored, handled or transported
and such records shall be accessible to the workers subject to such conditions
as may be prescribed by the State Government; (b)
appoint
persons who possess prescribed qualifications and experience in handling
hazardous substances and are competent to supervise such handling within the
factory and to provide at the working place all the necessary facilities for
protecting the workers in the manner prescribed by the State Government: Provided that where any question arises
as to the qualifications and experience of a person so appointed, the decision
of the Chief Inspector-cum-Facilitator shall be final; (c)
?provide for medical examination of every
worker? (d)
before
such worker is assigned to a job involving the handling of, or working with, a
hazardous substance; and (e)
?while continuing in such job, and after he has
ceased to work in such job, at intervals not exceeding twelve months, in such
manner as may be prescribed by the State Government. (1)
The
Central Government may, in the event of the occurrence of an extraordinary
situation involving a factory engaged in a hazardous process, direct the
National Board to inquire into the standards of health and safety observed in
the factory with a view to finding out the causes of any failure or neglect in
the adoption of any measures or standards prescribed by the State Government
for the health and safety of the workers employed in the factory or the general
public affected, or likely to be affected due to such failure or neglect and
for the prevention of recurrence of such extraordinary situations in future in
such factory or elsewhere. (2)
The
recommendations of the National Board shall be advisory in the nature. (1)
Where
the Central Government is satisfied that no standards of safety have been
prescribed in respect of a hazardous process or class of hazardous processes,
or where the standards so prescribed are inadequate, it may direct the
Directorate General Occupational Safety and Health formerly known as the
Directorate General of Factory Advice Service and Labour Institutes or any
Institution authorised in matters relating to standards of safety in hazardous
processes, to lay down emergency standards for enforcement of suitable
standards in respect of such hazardous processes. (2)
The
emergency standards laid down under sub-section (1) shall, until they are
incorporated in the rules made under this Code, be enforceable and have the
same effect as if they had been incorporated in the rules made under this Code. The maximum permissible limits of
exposure of chemical and toxic substances in manufacturing process in any
factory shall be of the value as may be prescribed by the State Government. (1)
Where
the workers employed in any factory engaged in a hazardous process have reasonable
apprehension that there is a likelihood of imminent danger to their lives or
health due to any accident, they may, bring the same to the notice of the
occupier, agent, manager or any other person who is in-charge of the factory or
the process concerned directly or through their representatives in the Safety
Committee and simultaneously bring the same to the notice of the
Inspector-cum-Facilitator. (2)
It
shall be the duty of such occupier, agent, manager or the person in-charge of
the factory or process to take immediate remedial action if he is satisfied
about the existence of such imminent danger and send a report forthwith of the
action taken to the Inspector-cum-Facilitator. (3)
If
the occupier, agent, manager or the person in-charge referred to in sub-section
(2) is not satisfied about the existence of any imminent danger as apprehended
by the workers, he shall, nevertheless, refer the matter forthwith to the
Inspector-cum-Facilitator whose decision on the question of the existence of
such imminent danger shall be final. The appropriate Government may
prescribe provisions providing the manner in which and the appropriate
authority to whom the manager or occupier of the factory may make appeal
against the order of the Inspector-cum-Facilitator and the procedure for
disposing of such appeals. (1)
The
appropriate Government may make rules,-- (a)
specifying
the persons who hold positions of supervision or management or are employed in
a confidential position in a factory or empowering the Chief
Inspector-cum-Facilitator to declare any person, other than a person so
specified, as a person holding position of supervision or management or employed
in a confidential position in a factory if, in the opinion of the Chief
Inspector-cum-Facilitator, such person holds such position or is so employed,
and the provisions of this Code, shall not apply to any person so defined or
declared; (b)
in
respect of any worker or class of workers in any establishment or class of
establishment, for providing the exemption, extent of exemption and conditions
subject to which such exemption may be given. (2)
The
appropriate Government or the Chief Inspector-cum-Facilitator may, by order in
writing, exempt subject to such conditions as it may deem expedient, any or all
of the adult workers in any establishment or class of establishments. (1)
Without
prejudice to the generality of sections 23 and 24, the State Government may
prescribe requiring every employer to make provisions in his plantation for? (a)
necessary
housing accommodation including drinking water, kitchen and toilet to every
worker employed in the plantation (including his family); (b)
cr?ches
facilities where in the plantation fifty or more workers (including workers
employed by any contractor) are employed or were employed on any day of the
preceding twelve months: Provided that,-- (c)
an
establishment may avail common cr?che facility of the Central Government, State
Government, municipality or private entity or provided by non-Governmental
organisation or by any other organisation; or (d)
a
group of establishments may agree to pool their resources for setting up of common
cr?che; (e)
educational
facilities for the children of the workers employed in the plantation where the
children between the ages of six to twelve of the workers exceed twenty-five in
number; (f)
?health facilities to every worker employed in
the plantation (including his family) or provide coverage under the Employees
State Insurance Act, 1948 (34 of 1948); and (g)
recreational
facilities for the workers employed in the plantation. (2)
An
employer of a plantation shall be responsible to provide and maintain welfare
facilities for which the workers in the plantation are entitled under this Code
either from his own resources or through the schemes of the Central Government
or State Government, Municipality or Panchayat for the locality in which the
plantation is situated. Explanation.--For the purposes of this
sub-section-- (a)
the
expression "Municipality" has the same meaning as assigned to it in
clause (e) of article 243 of the
Constitution; and (b)
the
expression "Panchayat" has the same meaning as assigned to it in clause
(d) of article 243 of the
Constitution. (1)
In
every plantation, arrangement shall be made by the employer to provide for the
safety of a worker in connection with the use, handling, storage and transport
of insecticides, pesticides and chemicals and toxic substances. (2)
The
State Government may prescribe for special safeguards for employment of women
or adolescents in using or handling hazardous chemicals. (3)
The
employer of a plantation shall appoint persons possessing the prescribed qualifications
to supervise the use, handling, storage and transportation of insecticides,
chemicals and toxic substances in his plantation. (4)
Every
employer of a plantation shall ensure that every worker in plantation employed
for handling, mixing, blending and applying insecticides, chemicals and toxic
substances, is trained about the hazards involved in different operations in
which he is engaged, the various safety measures and safe work practices to be
adopted in emergencies arising from spillage of such insecticides, chemicals
and toxic substances and such other matters as may be prescribed by the State
Government. (5)
Every
worker in a plantation who is exposed to insecticides, pesticides, chemicals
and toxic substances shall be medically examined periodically, in such manner
as may be prescribed by the State Government. (6)
Every
employer of a plantation shall maintain health record of every worker in
plantation who is exposed to insecticides, pesticides, chemicals and toxic
substances which are used, handled, stored or transported in a plantation, and
every such worker shall have access to such record. (7)
Every
employer of a plantation shall provide? (a)
washing,
bathing and clock room facilities; and (b)
protective
clothing and equipment, to every worker engaged in the handling
insecticides, pesticides, chemicals and toxic substances in such manner as may
be prescribed by the State Government. (8)
Every
employer of a plantation shall display in the plantation, a list of permissible
concentrations of insecticides, pesticides, chemicals and toxic substances in
the breathing zone of the workers engaged in the handling and application of
insecticides, pesticides, chemicals and toxic substances in the plantation. (9)
Every
employer of a plantation shall exhibit such precautionary notices in the
plantation as may be prescribed by the State Government indicating the hazards
of insecticides, pesticides, chemicals and toxic substances. Save as otherwise expressly provided in
this Code, if in, or in respect of, any establishment, there is any
contravention of the provisions of this Code or regulations or rules, or
bye-laws or any of standards, made there under or of any order in writing given
under this Code or such regulations or rules or bye-laws or standards, the
employer or the principal employer of the establishment, as the case may be,
shall be liable to penalty which shall not be less than two lakhs rupees but
which may extend up to three lakh rupees, and if the contravention is continued
after the conviction, then, with further penalty which may extend to two
thousand rupees for each day till such contravention continues. (1)
Whoever
wilfully? (i)
prevents
or causes obstruction to a Chief Inspector-cum-Facilitator or
Inspector-cum-Facilitator or an officer of the appropriate Government or a
person authorised to discharge any duty or to exercise any powers under this
Code or the rules or the regulations or the bye-laws made there under, from
discharging such duty or exercising such power; or (ii)
refuses
entry to the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator
or person or public authority referred to in clause (i) of sub-section (1) of
section 35 or expert referred to in section 37, to any place where such Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator or such person or
authority or expert is entitled to enter; or (iii)
fails
or refuses to produce any document which he is required to produce; or (iv)
fails
to comply with any requisition or order issued to him, under
this Code or the rules, regulations or bye-laws made there under he shall be
punishable with imprisonment for a term which may extend to three months, or
with fine which may extend to one lakh rupees, or with both. (2)
Where
any person convicted of an offence punishable under sub-section (1) is again
convicted of an offence under the same provision, then, he shall be punishable
with imprisonment for a term which may extend to six months, or with fine which
shall not be less than one lakh rupees but which may extend to two lakh rupees,
or with both. (1)
Any
person, who is required under this Code or the rules or regulations or bye-laws
or order made there under, to? (2)
maintain
any register or other document or to file returns, omits or fails to maintain
such register or document or to file such returns; or (3)
produce
any register or plan or record or report or any other document, omits or fails
to produce such register or plan or record or report or such other document, he
shall be liable to penalty which shall not be less than fifty thousand rupees
but which may extend to one lakh rupees. (4)
Where
any person convicted of an offence punishable under sub-section (1) is again
convicted of an offence under the same provision, then, he shall be liable to
penalty which shall not be less than fifty thousand rupees but which may extend
to two lakh rupees. (1)
Any
person, who, save as permitted by or under this Code, contravenes, any? (2)
provision
of this Code or of any rule, regulation or bye-laws; or (3)
order
made under this Code prohibiting, restricting or regulating the employment of
workers including women, audio-visual worker and contract labour and employee
below eighteen years of age in case of mines, he shall be liable to
penalty which shall not be less than fifty thousand rupees but which may extend
to one lakh rupees. (4)
Where
any person convicted of an offence punishable under sub-section (1) is again
convicted of an offence under the same provision, then, he shall be punishable
with imprisonment for a term which may extend to three months, or with fine
which may extend to two lakh rupees, or with both. (1)
Whoever? (a)
produces
false records or counterfeits or knowingly makes or produces or uses a false
statement, declaration or evidence regarding any document in connection with
compliance of any of the provisions of this Code or any rules, regulations or
bye-laws or any order made there under; or (b)
falsifies
any plan or section, the maintenance of which is required by or under this Code
or produces before any authority such plan or section, knowing the same to be
false; or (c)
makes,
gives or delivers knowingly a false plan, section, return, notice, record or
report containing a statement, entry or detail, he shall be
punishable with imprisonment for a term which may extend to three months, or
with fine which may extend to one lakh rupees, or with both. (2)
Where
any person convicted of an offence punishable under sub-section (1) is again
convicted of an offence under the same provision, then, he shall be punishable
with imprisonment for a term which may extend to six months, or with fine which
shall not be less than one lakh rupees but which may extend to two lakh rupees,
or with both. Any person who, without reasonable
excuse the burden of proving which shall lies upon him, omits to make or
furnish in the prescribed form or manner or at, or within, the prescribed time
any plan, section, return, notice, register, record or report required by or
under any provision of this Code to be made or furnished, he shall be liable to
penalty which shall not be less than one lakh rupees but which may extend to
two lakh rupees. (1)
Whoever
being the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator or any
other person referred to in section 39 or section 121 discloses, contrary to
the provisions of that section, any such information as is referred to in that
section without the consent of the appropriate Government, he shall be
punishable with imprisonment for a term which may extend to three months, or
with fine which may extend to one lakh rupees, or with both. (2)
No
court shall proceed with the trial of any offence under this section except
with the previous sanction of the appropriate Government. Whoever, except in so far as it may be
necessary for the purposes of a prosecution for any offence punishable under
this Code, publishes or discloses to any person the results of an analysis, of
a sample of substance used or intended to be used in any process under this
Code, shall be punishable with imprisonment for a term, which may extend to six
months, or with fine, which may extend to fifty thousand rupees, or with both. (1)
Whoever
fails to comply with or contravenes any of his duties specified under? (2)
clauses
(a) to (h) of sub-section (1) or sub-section (2) of section 6 or clause (d) of
section 13 in so far as such duty relates to hazardous processes; or (3)
section
80, shall, in respect of such failure or
contravention, be punishable with an imprisonment for a term which may extend
to two years and with fine which may extend to five lakh rupees, and in case
the failure or contravention continues, with additional fine which may extend
to twenty-five thousand rupees for every day during which such failure or
contravention continues, after the conviction for the first such failure or
contravention. (4)
?If the failure or contravention referred to in
sub-section (1) continues beyond a period of one year after the date of
conviction, the offender shall be punishable with imprisonment for a term which
may extend to three years or with a fine of twenty lakh rupees, or with both. (1)
If
a person fails to comply with or contravenes any duties under this Code or the
regulations, rules, bye-laws or orders made there under and such non-compliance
or contravention has resulted in an accident or dangerous occurrences causing? (a)
death,
he shall be punishable with imprisonment for a term which may extend to two
years, or with a fine which shall not be less than five lakh rupees, or with
both; or (b)
serious
bodily injury to any person within the establishment, he shall be punishable with
imprisonment for a term which may extend to one year, or with a fine which
shall not be less than two lakh rupees but not exceeding four lakh rupees, or
with both: Provided that while imposing the fine
under this section, the court may direct that a portion of the fine, which
shall not be less than fifty per cent. thereof, shall be given as compensation
to the victim or to the legal heirs of the victim, in the case of his death. (2) Where a person having
been convicted under sub-section (1) is again convicted there under, shall be
punishable with double the punishment provided under that sub-section for first
conviction. Whoever continues to work in
contravention of any general or special order issued under the provisions of
section 38, shall be punishable with imprisonment for a term which may extend
to two years and shall also be liable to fine which may extend to five lakh
rupees: Provided that the court shall not
impose a fine under this section which shall be less than two lakh rupees
without recording in the judgment the reasons for imposing such fine. Whoever in compliance of the provisions
of section 67, fails to appoint a manager shall be punishable with imprisonment
for a term which may extend to three months, or with fine which may extend to
one lakh rupees, or with both. (1) Subject to the
provisions of section 13, except clause (d) thereof, if any employee employed
in a workplace contravenes any provision of this Code or any rules or orders
made there under, imposing any duty or liability on employee, he shall be
punishable with penalty which may extend to ten thousand rupees. (2) Where an employee is
convicted of an offence punishable under sub-section (1), the employer of the
establishment shall not be deemed to be guilty of an offence in respect of that
contravention, unless it is proved that he failed to take all reasonable
measures for its prevention. No prosecution shall be instituted
against any owner, agent or manager of a mine for any offence under this Code
except at the instance of the Chief Inspector-cum-Facilitator or of the
District Magistrate or of Inspector-cum-Facilitator authorised in this behalf
by general or special order in writing by the Chief Inspector-cum-Facilitator: Provided that the Chief
Inspector-cum-Facilitator or the District Magistrate or the Inspector-cum-Facilitator
as so authorised shall before instituting such prosecution satisfy himself that
the owner, agent or manager of a mine had failed to exercise due diligence to
prevent the commission of such offence: Provided further that in respect of an
offence committed in the course of the technical direction and management of a
mine, the District Magistrate shall not institute any prosecution against an
owner, agent or manager of a mine without the previous approval of the Chief
Inspector-cum-Facilitator. Where the owner, agent or manager of
the mine or employer or occupier of the factory is charged with an offence
punishable under this Code he shall be entitled, upon complaint duly made by
him and on giving to the prosecutor not less than three clear days' notice in
writing of his intention so to do, to have any other person whom he charges as
the actual offender brought before the Court at the time appointed for hearing
the charge; and if, after the commission of the offence has been proved, the
owner, agent or manager of the mine or occupier or manager of the factory, as
the case may be, proves to the satisfaction of the Court-- (a)
that
he has exercised due diligence to enforce the execution of this Code, or (b)
that
the said other person committed the offence in question without his knowledge,
consent or connivance, that other person shall be convicted of
the offence and shall be liable to the like punishment as if he was the owner,
agent or manager of the mine or occupier or manager of the factory, as the case
may be, and the owner, agent or manager of a mine or the occupier or the
manager of the factory shall be, discharged from any liability under this Code
in respect of such offence: Provided that in seeking to prove as
aforesaid the owner, agent or manager of a mine or the occupier or manager of
the factory, as the case may be, may be examined on oath, and his evidence and
that of any witness whom he calls in his support, shall be subject to
cross-examination on behalf of the person he charges as the actual offender and
by the prosecutor: Provided further that, if the person
charged as the actual offender by the owner, agent or manager of the mine or
occupier or manager of the factory, as the case may be, cannot be brought
before the court at the time appointed for hearing the charge, the court shall
adjourn the hearing from time to time for a period not exceeding three months
and if by the end of the said period the person charged as the actual offender
cannot still be brought before the court, the court shall proceed to hear the
charge against the owner, agent or manager of the mine or occupier or manager
of the factory, as the case may be, and shall, if the offence be proved,
convict him. (1) Where an offence
under this Code has been committed by a company, every person who, at the time
the offence was committed, was in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly: Provided that nothing contained in this
sub-section shall render any such person liable to any punishment, if he proves
that the offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence. (2) Notwithstanding
anything contained in sub-section (1) where any offence under this Code has
been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect
on the part of any director, manager, company secretary or other officer of the
company, such director, manager, company secretary or other officer shall be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly. Explanation.--For the purposes of this
section,-- (a)
"company"
means any body corporate and includes a firm or other association of
individuals; and (b)
"director"
means,-- (c)
?in relation to a firm a partner thereof; or (d)
?the owner of a mine being a firm or other
association of individuals or a company; or (e)
?in case of association of individuals other
than specified in sub-clause (ii), any of its members. (1) Notwithstanding
anything contained in this Chapter, the Inspector-cum-Facilitator shall, not
initiate prosecution proceeding against an employer for any offence under this
Chapter, give an opportunity to comply with relevant provisions of this Act
within a period of thirty days from the date of notice giving opportunity, and,
if the employer complies with such provisions within such period, then, no such
proceeding shall be initiated against such employer: Provided that no such opportunity shall
be accorded to an employer in case of an accident and if the violation of the
same nature of the provisions under this Code is repeated within a period of
three years from the date on which such first violation was committed and in
such case the prosecution shall be initiated in accordance with provisions of
sub-section (2). (2)
No
court shall take cognizance of any offence punishable under this Code, unless a
complaint in respect thereof is made within six months of the date on which the
alleged commission of the offence came to the knowledge of the
Inspector-cum-Facilitator and a complaint is filed in that regard by him. (3)
No
court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of
the First Class shall try any offence punishable under this Code. Explanation.--For the purposes of this
section,-- (4)
in
the case of a continuing offence, the period of limitation shall be computed
with reference to every point of time during which the offence continues; (5)
where
for the performance of any act, time is granted or extended on an application
made by the employer of an establishment, the period of limitation shall be
computed from the date on which the time so granted or extended expired. (1)
Notwithstanding
anything contained in section 110, for the purpose of imposing penalty under
sub-section (3) of section 12 or sections 94, 96, 97, 99, 106 and sub-section
(3) of section 114, the appropriate Government may appoint any officer not
below the rank of Under Secretary to the Government of India or an officer of
equivalent rank in the State Government, as the case may be, for holding
enquiry in such manner, as may be prescribed by the Central Government. (2)
While
holding the enquiry, the officer referred to in sub-section (1) shall have the
power to summon and enforce attendance of any person acquainted with the facts
and circumstances of the case to give evidence or to produce any document,
which in the opinion of such officer, may be useful for or relevant to the
subject-matter of the enquiry and if, on such enquiry, he is satisfied that the
person has committed any offence under the provisions referred to in
sub-section (1), he may impose such penalty as he thinks fit in accordance with
the provisions of that sub-section. (3)
Any
person aggrieved by an order made by the officer under sub-section (2) may
prefer an appeal, in such form and manner and accompanied by such fee as may be
prescribed, to the appellate authority to be appointed by the appropriate
Government from amongst officers not below the rank of Deputy Secretary to the
Government of India or an officer of equivalent rank in the State Government,
as the case may be, within sixty days from the date on which the copy of the
order made by the officer referred in sub-section (1) is received by the
aggrieved person. (4)
The
appellate authority may, after giving the parties to the appeal an opportunity
of being heard, pass such order as he thinks fit, confirming, modifying or
setting aside the order appealed against, within a period of sixty days from
the date of receipt of appeal. (5)
Where
a person fails to pay the penalty so imposed within a period of ninety days
from the date of receipt of the copy of the order, he shall be punishable with
fine which shall not be less than twenty-five thousand rupees but which may
extend up to two lakh rupees. (6)
The
amount of penalty imposed and received under this section shall be credited to
the fund established under sub-section (1) of section 115. For the purposes of conferring
jurisdiction on any court in relation to an offence under this Code or the
rules, regulation or bye-laws made there under in connection with an
establishment, the place where the establishment is for the time being situated,
shall be deemed to be the place where such offence has been committed. (1)
Where
the employer of a mine or a factory or a dock is convicted of an offence
punishable under this Code, the court may, in addition to awarding him any
punishment, by order in writing, require him within the period specified in the
order (which may be extended by the court from time to time on application made
in this behalf) to take such measures as may be specified in the order for
remedying the matters in respect of which the offence was committed. (2)
Where
an order is made under sub-section (1), the employer of the mine or the factory
shall not be liable under this Code in respect of the continuance of the
offence during the period or extended period, if any, but if on the expiry of
such period or extended period the order of the court has not been fully
complied with, employer shall be deemed to have committed a further offence and
shall be punishable with imprisonment for a term which may extend to six
months, or with fine which may extend to one hundred rupees for every day after
such expiry on which the order has not been complied with, or with both. (1)
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any
penalty under sub-section (3) of section 12 or section
94 or section
96 or
sub-section (1) of section 97 or section
99 or section
106 or
sub-section (3) or any offence under sub-section (2)
of section 97 or sub-section
(1) of section 100 or section
101 or
clause (b) of sub-section (1) of section 103 or section
105 or
sub-section (2) of section 113 may either
before or after the holding the enquiry or, as the case may be, of institution
of prosecution may be compounded by such officer of the appropriate Government
as may be notified by that Government in the manner as may be prescribed by it? (a)
in
a case of penalty for a sum of fifty per cent. of the maximum penalty provided
for such penalty; and (b)
in
a case of offence for a sum of seventy-five per cent. of the maximum fine
provided for such offence. (2)
Where
a penalty or an offence has been compounded under sub-section (1), the person
liable for penalty or the offender, as the case may be, shall be discharged of
the penalty or offence and there shall be no further proceedings against him in
respect of such penalty or offence. (3)
Any
person who fails to comply with an order made by the officer referred to in
sub-section (1), shall be liable to pay a penalty equivalent to twenty per
cent. of the maximum penalty or fine provided for the penalty or the offence,
as the case may be, in addition to the penalty or fine. (4)
The
amount of composition received under sub-section (1) shall be credited to the
fund established under sub-section (1) of section 115 for the unorganised
workers. (5)
Nothing
contained in sub-section (1) shall apply to a penalty or an offence committed
by a person for a second or subsequent time within a period of three years from
the date of penalty or offence, as the case may be,-- (a)
which
was earlier compounded; or (b)
for
which such person was earlier convicted. (1)
There
shall be established by the appropriate Government a social security fund for
the welfare of the unorganised workers to which there shall be credited the
amount received from composition of the offence as specified in sub-section (4)
of section 114 and the amount of the penalty as specified in sub-section (6) of
section 111. (2)
The
fund may also be funded by such other sources as may be prescribed by the
appropriate Government. (3)
The
fund shall be administered and expended for welfare of the unorganised workers
in such manner as may be prescribed by the appropriate Government including the
transfer of the amount in the fund to any fund established under any other law
for the time being in force for the welfare of the unorganised workers. Explanation.--For the purpose of this
section the expression "unorganised worker" shall have the same meaning
as is assigned to it under clause (m) of section 2 of the
Unorganised Workers Social Security Act, 2008 (33 of 2008). The Central Government may, by
notification, direct that any power exercisable by it under this Code or rules
made there under shall, in relation to such matters and subject to such
conditions, if any, as may be specified in the notification, be exercisable
also by the State Government or by such officer or authority subordinate to the
State Government as may be specified in the said notification. (1)
When
any offence is committed under this Code involving an issue of a certain age of
a person and such person is in the opinion of the court prima facie under such
age, the burden shall be on the accused to prove that such person is not under
such age. (2)
The
medical authority prescribed by the Central Government shall, while examining a
worker for issuing the certificate of age for the purposes of this Code, take
into account the Aadhaar card of the worker, and in the absence thereof, the
date of birth certificate from school or the matriculation or equivalent
certificate from the concerned examination Board of the worker, if available,
and in the absence thereof, the birth certificate of the worker given by a
corporation or a municipal authority or a Panchayat, and only in the absence of
any of the methods specified in this sub-section, the age shall be determined
by such medical authority through an ossification test or any other latest
medical age determination test. In any proceeding for an offence for
the contravention of any provision of this Code or regulations or bye-laws or
rules made there under consisting of a failure to comply with a duty or
requirement to do something, it shall be for the person who is alleged to have
failed to comply with such duty or requirement, to prove that it was not
reasonably practicable or all practicable measures were taken to satisfy the
duty or requirement. (1)
Notwithstanding
anything contained in this Code, any person desirous of obtaining common
licence in respect of a factory, industrial premises for beedi and cigar work
and for engaging contract workers or any combination thereof or single licence
for any one of them under this Code shall make an application electronically or
otherwise to such authority as may be designated, by notification, by the
appropriate Government. (2)
The
application under sub-section (1),-- (a)
shall
be in such form and filed in such manner and accompanied by such fee and
contain such information as may be prescribed by the appropriate Government; (b)
shall,
in so far as it relates to the licence for engaging contract labours, contain
the number of inter-State migrant workers employed. (3)
On
receipt of an application under sub-section (1), the authority referred to in
that sub-section shall take such actions in such manner and make such inquiry
as may be prescribed by the appropriate Government. (4)
Where
the authority referred to in sub-section (1) is satisfied that the common
licence may be issued in respect of a factory, industrial premises for beedi
and cigar work and for engaging contract workers or any combination thereof or
single licence for any one of them under this Code, such authority shall issue
a licence electronically within forty-five days of the receipt of application
failing which the licence shall be deemed to be issued and shall be auto
generated and the responsibility of such failure shall be on such authority: Provided that where the licence is
deemed to be issued, no further inquiry shall be made: Provided further that the form of
licence shall, as far as practicable, be similar throughout India: Provided also that where such authority
rejects the application he shall assign the reason for such rejection. (5)
Notwithstanding
anything contained in this Code, any licence in respect of a factory,
industrial premises for beedi and cigar work and for engaging contract labour
has been obtained under any Central labour law before the commencement of this
Code, in respect of any establishment shall be deemed to have been obtained
under the provisions of this Code and shall be valid for the period for which
it was issued and shall have to be obtained afresh after its expiration. (6)
?Any person aggrieved by an order passed under
this section by the authority referred to in sub-section (1) may file, within
thirty days from the date of the order, an appeal in such form, accompanied
with such fee to such appellate authority as may be prescribed by the
appropriate Government and the appeal shall be disposed of electronically
within thirty days of the filing of the appeal. (1) The provisions of
this Code shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force or in the terms of any
award, agreement or contract of service whether made before or after the
commencement of this Code: Provided that where under any such
award, agreement, contract of service or otherwise an employee is entitled to
benefits in respect of any matters which are more favourable to him than those
to which he will be entitled to under this Code, the employee shall continue to
get the former notwithstanding that he receives benefits in respect of other
matters under this Code. (2) Nothing contained in
this Code shall be construed as precluding any employee from entering into an
agreement with an employer for granting him rights or privileges in respect of
any matter which are more favourable to him than those to which he would be
entitled under this Code. (1)
The
appropriate Government may, in the event of the occurrence of an accident in an
establishment which has caused or had the potentiality to cause serious danger
to employees and other persons within, and in the vicinity of the workplace or
whether immediate or delayed, or any occupational disease as specified in the
Third Schedule, which has been or is suspected to have been contracted, in
epidemic proportions, appoint one or more persons possessing legal or special
knowledge to act as assessors or competent persons in such inquiry in order to
inquire into the causes of the accident and disease, fix responsibilities and
suggest a plan of action for the future to prevent such accidents or diseases
and submit the report to the appropriate Government. (2)
The
appropriate Government may direct a Chief Inspector-cum-Facilitator or any
other officer under the control of the Government concerned or appoint a
committee to undertake a survey in such manner as may be prescribed by the
appropriate Government on the situation relating to safety or health at work at
any workplace or class of workplaces or into the effect of work activity on the
health of the employees and other persons within and in the vicinity of the workplace. (3)
The
officer directed or committee appointed, under sub-section (1) or sub-section
(2), to hold an inquiry, shall have the powers of a civil court under the Code
of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the
attendance of witnesses and compelling the production of documents and material
objects, and may also so far as may be necessary for the purposes of the
inquiry, exercise such powers of an Inspector-cum-Facilitator under this Code
as may be necessary. (4)
The
Central Government may make rules for regulating the procedure of inquiry and
survey and other related matters under this section. The appropriate Government may, if it
thinks fit, cause to be published any report submitted to it by the National
Board or State Advisory Board or any extracts from any report submitted to it
under this Code. The Central Government may give
directions to a State Government for the implementation of the provisions of
this Code. (1)
No
person shall in respect of the establishment, disclose any information relating
to any manufacturing or commercial business or any working process which may
come to his knowledge in the course of his official duties. (2)
Nothing
in sub-section (1) shall apply to any disclosure of information made with the
previous consent in writing of the owner of the business or process or for the
purposes of any legal proceeding (including adjudication or arbitration),
pursuant to any of the relevant statutory provisions or of any criminal
proceeding under this Code which may be taken, whether pursuant to any of the
relevant statutory provisions or otherwise, or for the purposes of any report
of any such proceedings. No civil court shall have jurisdiction
in respect of any matter to which any provision of this Code applies and no
injunction shall be granted by any civil court in respect of anything which is
done or intended to be done by or under this Code. (1)
No
suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done in pursuance of
this Code or any rule or regulation or bye-laws or order made there under. (2)
No
prosecution or other legal proceeding shall lie against the Government, any
Board or committees constituted under this Code or any member of such Board or
any officer or employee of the Government or the Board or any other person
authorised by the Government or any Board or committee, for any damage caused
or likely to be caused by anything which is in good faith done or intended to be
done in pursuance of this Code or any rule or regulation or bye-laws or order
made or issued there under. (1)
The
appropriate Government may, by notification and subject to such conditions and
restrictions, if any, and for such period or periods as may be specified in the
notification, direct that all or any of the provisions of this Code or the
rules or the regulations made there under shall not apply to or in relation to
any establishment or class of establishments. (2)
Without
prejudice to the generality of sub-section (1), where the State Government is
satisfied in the public interest that it is necessary to create more economic
activities and employment opportunities, it may, by notification, exempt,
subject to such conditions as it may think fit, any new factory or class or
description of new factories from all or any of the provisions of this Code for
such period from the date on which such commercial production starts, as may be
specified in the notification: Provided that any notification issued
by a State Government under the Factories Act, 1948 (63 of 1948) for the time
being in force in the State prior to the commencement of this Code to achieve
the same purpose as is specified in this sub-section, shall remain in force
after such commencement for its remaining period as if the provisions of this
Code, to the extent they defeat any purpose to be achieved by such notification
issued by the State Government, were not in force. Explanation.--For the purpose of this
sub-section, the expression "new factory or class or description of new
Factories" means such factory or class or description of Factories which
are established and whose commercial production start within such period as may
be specified in the notification. In case of a public emergency or
disaster or pandemic in whole of India or part thereof, the appropriate
Government may, by notification, exempt any workplace or work activity or class
thereof from all or any of the provisions of this Code for such period and
subject to such conditions as it may think fit: Provided that no such notification
shall be made for a period exceeding one year at a time. Explanation.--For the purposes of this
section ?public emergency? means a grave emergency whereby the security of
India or any part of the territory thereof is threatened, whether by war or
external aggression or internal disturbance. The appropriate Government may exempt,
subject to such conditions as it may consider necessary, any workshop or
workplace where a manufacturing process is carried on and which is attached to
a public institution maintained for the purposes of education, training,
research or information, from all or any of the provisions of this Code: Provided that no such exemption shall
be granted from the provisions relating to hours of work and holidays unless
the persons having the control of the institution submit, for the approval of the
appropriate Government, a scheme of the regulation of the hours of employment,
intervals for meals, and holidays of the persons employed in or attending the
institution or who are inmates for the institution, and the appropriate
Government is satisfied that the provisions of the scheme are not less
favourable than the corresponding provisions of this Code. Every person required to give any
notice or to furnish any information to any authority in relation to the
provisions of this Code shall be legally bound to do so within the meaning
of section 176 of the Indian
Penal Code (45 of 1860). The Central Government may, by notification,
amend any Schedule by way of addition, alteration or omission therein and on
any such notification being issued, the Schedule shall be deemed to be amended
accordingly. (1) If any difficulty
arises in giving effect to the provisions of this Code, the Central Government
may, by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Code, as appears to it to be necessary
or expedient for removing the difficulty: Provided that no such order shall be
made after the expiry of two years from the date on which this Code comes into
force. (2) Every order made
under this section shall, as soon as may be after it is made, be laid before
each House of Parliament. (1)
The
appropriate Government may, subject to the condition of previous publication
and by notification, make rules for carrying out the purposes of this Code. (2)
In
particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-- (a)
income
from the sources under Explanation to clause (x) of sub-section (1) of section
2; (b)
substance
or quantity of substance under clause (zb) of sub-section (1) of section 2; (c)
the
late fee under the proviso to sub-section (1) of section 3; (d)
the
manner of submitting application under sub-section (2) of section 3 and the
form of such application and the particulars to be contained therein and the
fees to be accompanied therewith; (e)
the
form and manner of sending the notice and the authority to whom the notice
shall be sent and the manner of intimating the authority under sub-section (1)
of section 5; (f)
annual
health examination or test free of costs, age of employees or class of
employees or establishment or class of establishments under clause (c) of
sub-section (1) of section 6; (g)
the
information to be included in the letter of appointment and the form of such
letter under clause (f) of sub-section (1) of section 6; (h)
the
nature of bodily injury and the manner of notice and the time within which the
notice shall be sent and the authority to which notice shall be sent under
sub-section (1) of section 10; (i)
nature
of dangerous occurrence and the form of notice, the time within which and the
authority to which notice shall be sent under section 11; (j)
the
form of notice related to certain diseases and the time within which the notice
shall be sent and the authority to which the notice shall be sent under
sub-section (1) of section 12; (k)
the
form and manner of the report and the time within which such report shall be
sent to the office of the Chief Inspector-cum-Facilitator under sub-section (2)
of section 12; (l)
manner
of making report by employee under clause (d) and other duties of employees
under clause (g) of section 13; (m)
manner
of sending report of action taken under sub-section (3) of section 14; (n)
the
manner of constituting a safety committee and the manner and the purpose for
choosing the representative of the workers in the Safety Committee under
sub-section (1) of section 22; (o)
the
qualifications, duties and number of safety officers under sub-section (2) of
section 22; (p)
conditions
for exemption of workers from weekly and compensatory holidays under
sub-section (2) of section 26; (q)
the
total number of overtime under second proviso to section 27; (r)
circumstances
for exemption from restriction on double employment in factory and mine under
section 30; (s)
the
form of notice and manner of display of such notice and the manner in which
such notice shall be sent to the Inspector-cum-Facilitator under sub-section
(2) of section 31; (t)
the
form of register and particulars of workers under clause (a) of section 33; (u)
the
manner and form of displaying notices under clause (b) of section 33; (v)
return,
manner of filing the return and periods of filing return to the
Inspector-cum-Facilitator under clause (d) of section 33; (w)
the
qualification and experience of Chief Inspector-cum-Facilitator under
sub-section (5) of section 34; (x)
the
manner of taking samples of any article or substance found in any premises and
air of atmosphere under clause (x) of sub-section (1) of section 35; (y)
the
other powers and duties under clause (xiv) of sub-section (1) of section 35; (z)
the
specialised qualification and experience, duties and responsibilities of
experts to be empanelled under section 37; (aa) the manner of
providing alternative employment under sub-clause (d) of clause (A) of sub-section
(1) of section 38; (bb) the qualification for
the appointment of medical practitioner and other establishment under
sub-section (1) of section 42; (cc) other establishment
engaged in the dangerous occupation or processes under clause (a) of
sub-section (2) of section 42; (dd) medical supervision
and other establishment under clause (b) of sub-section (2) of section 42; (ee) ?other establishment under clause (c) of
sub-section (2) of section 42; (ff) conditions relating
to safety, holidays and working hours or any other condition to be observed by
the employer under section 43; (gg) ?the manner of requiring the employer to
provide the adequate safeguards under section 44; (hh) conditions including,
in particular, conditions as to hours of work, fixation of wages and other essential
amenities in respect of contract labour under clause (a) of sub-section (3) of
section 47; (ii) ?the form and manner of application and the
particulars which such application shall contain regarding the number of
contract labour, nature of work for which contract labour is to be employed and
other particulars including the information relating to the employment of
inter-State migrant workers under sub-section (1) of section 48; (jj) the procedure under
sub-section (2) of section 48; (kk) manner of applying
for the renewal of licence and the manner of renewal of licence under
sub-section (3) of section 48; (ll) ?responsibility of the contractor under
sub-section (4) of section 48; (mm) the manner of
intimation of work order and time-limit for such intimation under sub-section
(1) of section 50; (nn) ?the manner of suspending or cancelling the
licence under sub-section (2) of section 50; (oo) the period before
which the wages shall be paid under sub-section (1) of section 55; (pp) the mode of payment
of wages under proviso to sub-section (2) of section 55; (qq) ?the manner of payment of wages from security
deposit under sub-section (4) of section 55; (rr) ?the form of issuing experience certificate
under section 56; (ss) ?the form and manner of making application
under clause (b) of sub-section (2) of section 57; (tt) ?period of making report and the period of
deciding the question under clause (c) of sub-section (2) of section 57; (uu) minimum service for
entitlement, class of travel and other matters under section 61; (vv) ?manner of providing facility of toll free
helpline under section 63; (ww) ?manner of providing for study on inter-State
migrant workers under section 64; (xx) authority to whom a
copy of the agreement shall be forwarded by the producer under sub-section (3)
of section 66; (yy) ?details under clause (vii) of sub-section (4)
of section 66; (zz) ?rules in respect of factory or class or
description of factories under sub-section (1) of section 79; (aaa) ?mode of submission of application under
sub-section (2) of section 79; (bbb) common facilities and
services for joint liability of owner of premises and occupiers of the
factories under section 80; (ccc) ?rules under section 82; (ddd) purposes under sub-section
(1) of section 83; (eee) form of application
under sub-section (2) of section 83; (fff) ?the appellate authority for appeal against the
order of Inspector-cum-Facilitator of factory and the manner of appeal under
section 90; (ggg) ?rules under section 91; (hhh) manner of holding
enquiry under sub-section (1) of section 111; (iii) ?form and manner of preferring appeal and the
fee to accompany such appeal under sub-section (3) of section 111; (jjj) ?manner of compounding under sub-section (1) of
section 114; (kkk)other sources of fund
under sub-section (2) of section 115; (lll) the manner of
administering and expending the Fund under sub-section (3) of section 115; (mmm)
the
form of application, manner of filing the application and the fee to be
accompanied therewith including the information relating to the employment of
inter-State migrant workers under sub-section (2) of section 119; (nnn) actions, manner of
taking actions and inquiry under sub-section (3) of section 119; (ooo) the form of appeal,
the fee to be accompanied therewith and the appellate authority under
sub-section (6) of section 119; (ppp) ?the manner of survey under sub-section (2) of
section 121; (qqq) any other matter
which is required to be, or may be, prescribed under this Code. (1)
The
Central Government may, subject to the condition of previous publication and by
notification, make rules for carrying out the purposes of this Code. (2)
In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:-- (a)
the
other authority under sub-clause (iii) of clause (zs) of sub-section (1) of
section 2; (b)
the
matters which are directly related to the condition of ship under the proviso
to sub-clause (iii) of clause (zs) of sub-section (1) of section 2; (c)
other
period under clause (a) of sub-section (1) of section 3; (d)
the
form of certificate of registration, the time within which and the conditions
subject to which such certificate shall be issued under sub-section (3) of
section 3; (e)
the
form of intimation by the employer electronically and the manner of amendment
in the certificate electronically under sub-section (4) of section 3; (f)
the
manner of informing closing of establishment and certifying payment to the
registering officer under sub-section (5) of section 3; (g)
procedure
for nomination and discharge of functions of Members of National Board under
sub-section (3) of section 16; (h)
the
terms and conditions of service of officers and employees of the National Board
under sub-section (4) of section 16; (i)
the
number of members of technical committees or advisory committees and their
qualifications under sub-section (5) of section 16; (j)
the
form and manner of collecting, compiling and analyzing occupational safety and
health statistics under sub-section (1) of section 21; (k)
the
form and manner of maintaining database electronically or otherwise and the
documents to be produced under sub-section (2) of section 21; (l)
health
and working conditions under sub-section (1) of section 23; (m)
regarding
matters specified in sub-section (2) of section 23; (n)
welfare
facilities for the employees under sub-section (1) of section 24; (o)
regarding
matters specified in sub-section (2) of section 24; (p)
facility
of cr?che under sub-section (3) of section 24; (q)
definition
of "running time" in relation to a working day under clause (a) of
the Explanation to sub-section (1) of section 25; (r)
the
hours of work for working journalist under sub-section (2) of section 25; (s)
other
kinds of leave under clause (i) of sub-section (3) of section 25; (t)
the
maximum period of accumulating leave under clause (ii) of sub-section (3) of
section 25; (u)
the
limit up to which the earned leave may be availed of at a time and the reasons
for which such leave may be exceeding under clause (iii) of sub-section (3) of
section 25; (v)
conditions
and restrictions for entitlement of cash compensation under clause (iv) of
sub-section (3) of section 25; (w)
powers
and duties of District Magistrate under section 36; (x)
requisite
qualifications or criteria under sub-section (1) of section 47; (y)
period
of renewal of licence under sub-section (2) of section 47; (z)
procedure
under clause (b) of sub-section (1) of section 51; (3)
?form of agreement under clause (a), and the name
and other particulars under clause (b) of sub-section (2) of section 66; (4)
?the matter which may be saved and the
qualifications of sole manager under sub-section (1) of section 67; (5)
?the conditions relating to number of
employees, depth of excavation and other matters under clause (a) of
sub-section (1) of section 68; (6)
conditions
relating to workings, opencast workings and explosives under clause (b) of
sub-section (1) of section 68; (7) to declare the mines
and part thereof for the purpose of applicability of the provisions of this
Code under sub-section (2) of section 68; (8) the authority, the
manner of informing such authority and the time limit for making such
information under sub-section (3) of section 68; (9) to provide for
medical examination of apprentice, other trainee or employee under sub-section
(3) of section 70; (10) to exempt certain
persons or category of persons holding positions of supervision or management
and the persons employed in mine and the persons employed therein under section
71; (11) to provide for
vocational training and rescue and recovery services to the persons employed in
a mine under section 72; (12) ?medical authority under sub-section (2) of
section 117; (13) ?rules under sub-section (4) of section 121; (14) the language of the
bye-laws under sub-section (7) of section 139; (15)
any
other matter which is required to be, or may be prescribed. (1)
The
State Government may, subject to the condition of previous publication and by
notification, make rules for the carrying out the provisions of this Code. (2)
In
particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-- (a)
the
constitution, procedure and other matters relating to State Advisory Board
under sub-section (2) of section 17; (b)
the
number of members and their qualifications under sub-section (3) of section 17; (c)
the
form of application and the payment of fees under sub-section (2) of section
74; (d)
the
manner of preparing the plan of the place or premises under sub-section (3) of
section 74; (e)
other
matters under clause (e) of sub-section (4) of section 74; (f)
fees
under sub-section (6) of section 74; (g)
period
under the second proviso to sub-section (6) of section 74; (h)
the
time of filing appeal and fees under section 75; (i)
the
form of application by the employee and conditions under sub-section (1) of
section 76; (j)
form
of maintaining the record of the work under sub-section (2) of section 76; (k)
the
manner of disclosing information by occupier of a factory under sub-section (1)
of section 84; (l)
the
interval of informing Chief Inspector-cum-Facilitator and the local authority
about the policy with respect to the health and safety of the workers under
sub-section (2) of section 84; (m)
the
form and manner of informing Chief Inspector-cum-Facilitator under sub-section
(5) of section 84; (n)
the
manner of publicising among the workers and the general public living in the
vicinity of the factory the measures and disposal laid down under sub-section
(7) of section 84; (o)
the
conditions for accessibility to the record by the workers under clause (a) of
section 85; (p)
the
qualification and experience of persons handling hazardous substance and manner
of providing necessary facilities for protecting the workers under clause (b)
of section 85; (q)
the
manner of providing for medical examination of a worker under sub-clause (ii)
of clause (c) of section 85; (r)
the
measures or standards under sub-section (1) of section 86; (s)
the
value of the maximum permissible limit of exposure of chemical and toxic
substances in manufacturing process in any factory under section 88; (t)
requiring
every employer to make in his plantation provisions in respect of as specified
in clauses (a) to (d) of sub-section (1) of section 92; (u)
for
prohibiting or, restricting employment of women or adolescents under
sub-section (2) of section 93; (v)
qualifications
under sub-section (3) of section 93; (w)
other
matters under sub-section (4) of section 93; (x)
manner
of periodical medical examination of worker under sub-section (5) of section
93; (y)
the
manner of providing facilities, clothing and equipment under sub-section (7) of
section 93; (z)
precautionary
notices under sub-section (9) of section 93; (aa)
any
other matter which is required to be, or may be, prescribed. (3)
The
Central Government may, by notification and in consultation with the State
Government, make rules for the purposes of bringing uniformity, throughout the
country, in occupational safety, health or such other matters as it considers
necessary in respect of factories. The Central Government may, by
notification, make regulations consistent with this Code for all or any of the
following purposes, namely:-- (i)
for
specifying the qualifications required for appointment as
Inspector-cum-Facilitator; (ii)
for
specifying and regulating the duties and powers of the Chief
Inspector-cum-Facilitator and of Inspector-cum-Facilitators in regard to the
inspection of mines under this Code; (iii)
for
specifying the duties of owners, agents and managers of mines and of persons
acting under them, and for specifying the qualifications (including age) of
agents and managers of mines and of persons acting under them; (iv)
for
requiring facilities to be provided for enabling managers of mines and other
persons acting under them to efficiently discharge their duties; (v)
for
regulating the manner of ascertaining, by examination or otherwise, the
qualifications of managers of mines and persons acting under them, and the
granting and renewal of certificates of competency; (vi)
for
fixing the fees, if any, to be paid in respect of such examinations and of the
grant and renewal of such certificates; (vii)
for
determining the circumstances in which and the conditions subject to which it
shall be lawful for more mines than one to be under a single manager, or for
any mines to be under a manager not having the specified qualifications; (viii)
for
providing for inquiries to be made under this Code, including any inquiry
relating to misconduct or incompetence on the part of any person holding a
certificate under this Code and for the suspension or cancellation of any such
certificate and for providing, wherever necessary, that the person appointed to
hold an inquiry shall have all the powers of a civil court under the Code of
Civil Procedure, 1908 (5 of 1908), for the purpose of enforcing the attendance
of witnesses and compelling the production of documents and material objects; (ix)
for
regulating, subject to the provisions of the Indian Explosives Act, 1884 (4 of
1884), and of any rules made there under, the storage, conveyance and use of
explosives; (x)
for
prohibiting, restricting or regulating the employment of women in mines or in
any class of mines or on particular kinds of labour which are attended by
danger to the life, safety or health of such persons and for limiting the
weight of any single load that may be carried by any such person; (xi)
for
providing for the safety of the persons employed in a mine, their means of
entrance there into and exit therefrom, the number of shafts or outlets to be
furnished, and the fencing of shafts, pits, outlets, pathways and subsidences; (xii)
for
prohibiting the employment in a mine either as manager or in any other
specified capacity of any person except persons paid by the owner of the mine
and directly answerable to the owner or manager of the mine; (xiii)
for
providing for the safety of the roads and working places in mines, including
the siting, maintenance and extraction or reduction of pillars or blocks of
minerals and the maintenance of sufficient barriers between mine and mine; (xiv) for the inspection of
workings and sealed off fire-areas in a mine, and for the restriction of
workings in the vicinity of the sea or any lake or river or any other body of
surface water, whether natural or artificial, or of any public road or
building, and for requiring due precaution to be taken against the irruption or
inrush of water or other liquid matter into, outbreak of fire in or premature
collapse of, any workings; (xv)
for
providing for the ventilation of mines and the action to be taken in respect of
dust, fire, and inflammable and noxious gases, including precautions against
spontaneous combustion, underground fire and coal dust; (xvi) for regulating,
subject to the provisions of the Electricity Act, 2003 (36 of 2003), and of any
rules made there under, the generation, storage, transformation, transmission
and use of electricity in mines and for providing for the care and the
regulation of the use of all electrical apparatus and electrical cables in
mines and of all other machinery and plant therein; (xvii) "for regulating
the use of machinery in mines, for providing for the safety of persons employed
on or near such machinery and on haulage roads and for restricting the use of
certain classes of locomotives underground; (xviii)
for
providing for proper lighting of mines and regulating the use of safety lamps
therein and for the search of persons entering a mine in which safety lamps are
in use; (xix) for providing against
explosions or ignitions of inflammable gas or dust or irruptions of or
accumulations of water in mines and against danger arising therefrom and for
prohibiting, restricting or regulating the extraction of minerals in
circumstances likely to result in the premature collapse of workings or to
result in or to aggravate the collapse of workings or irruptions of water or
ignitions in mines; (xx)
for
specifying type of accidents for the purposes of notice under section 10 and
for specifying the notices of accidents and dangerous occurrences, and the
notices, reports and returns of mineral output, persons employed and other
matters provided for by regulations, to be
furnished by owners, agents and managers of mines, and for specifying the forms
of such notices, returns and reports, the persons and authorities to whom they
are to be furnished, the particulars to be contained in them, and the time
within which they are to be submitted; (xxi) for requiring owners,
agents and managers of mines to have fixed boundaries for the mines, for
specifying the plans and sections and field notes connected therewith to be
kept by them and the manner and places in which such plans, sections and field
notes are to be kept for purposes of record and for the submission of copies
thereof to the Chief Inspector-cum-Facilitator, and for requiring the making of
fresh surveys and plans by them, and in the event of non-compliance, for having
the survey made and plans prepared through any other agency and for the
recovery of expenses thereof in the same manner as an arrear of land revenue; (xxii) for regulating the
procedure on the occurrence of accidents or accidental explosions or ignitions
in or about, mines; for dealing effectively with the situation; (xxiii)
for
specifying the form of, and the particulars to be contained in, the notice to
be given by the owner, agent or manager of a mine under section 5; (xxiv)
for
specifying the notice to be given by the owner, agent or manager of a mine
before mining operations are commenced at or extended to any point within
forty-five meters of any railway subject to the provisions of the Indian
Railways Act, 1989 (24 of 1989) or of any public roads or other works as the
case may be, which are maintained by the Government or any local authority; (xxv)for the protection from injury, in
respect of any mine when the workings are discontinued, of property vested in
the Government or any local authority or railway company as defined in the
Indian Railways Act, 1989 (24 of 1989); (xxvi)
for
requiring protective works to be constructed by the owner, agent or manager of
a mine before the mine is closed, and in the event of non-compliance, for
getting such works executed by any other agency and for recovering the expenses
thereof from such owner in the same manner as an arrear of land revenue; (xxvii)
for
requiring the fencing of any mine or part of a mine or any quarry, incline,
shaft, pit or outlet, whether the same is being worked or not, or any dangerous
or prohibited area, subsidence, haulage, tramline or pathway, where such
fencing is necessary for the protection of the public; (xxviii) for specifying the
number of officials to be appointed; (xxix) for specifying the
qualifications of the officials to be appointed; (xxx)for specifying the
qualifications and experience of the agents; (xxxi) for specifying the
period during which the agent shall be resident in India; (xxxii)
for
specifying duties and responsibilities of suppliers, designers, importer and
contractors for safety in mines; (xxxiii) for requiring the
owners, agents and managers of mines to formulate, maintain and enforce safety
management plan in their mines; (xxxiv) for requiring the
managers of mines to formulate and implement codes of practice or standard
operating procedure in respect of any machinery or operation used in the mines; (xxxv) ?for providing for the safety in opencast mines
and associated operations and machineries used therein; (xxxvi) for regulating the
extraction of methane from working or abandoned coal mines or from virgin coal
seam; (xxxvii)
for
specifying the forms of returns which shall be filed by the establishments or
the class of establishments under this Code; (xxxviii)
for
the general requirement relating to the construction, equipping and maintenance
for the safety of working places on shore, ship, dock, structure and other
places at which any dock work is carried on; (xxxix) for the safety of any
regular approaches over a dock, wharf, quay or other places which dock workers
have to use for going for work and for fencing of such places and projects; (xl) for the efficient
lighting of all areas of dock, ship, any other vessel, dock structure or
working places where any dock work is carried on and of all approaches to such
places to which dock workers are required to go in the course of their
employment; (xli) providing and
maintaining adequate ventilation and suitable temperature in every building or
an enclosure on ship where dock workers are employed; (xlii) providing for the
fire and explosion prevention and protection; (xliii) ?providing for safe means of access to ships,
holds, stagings, equipment, lifting appliances and other working places; (xliv) providing for the
safety of workers engaged in the opening and closing of hatches, protection of
ways and other openings in the docks which may be dangerous to them; (xlv) providing for the
safety of workers on docks from the risk of falling overboard being struck by
cargo during loading or unloading operations; (xlvi) providing for the
construction, maintenance and use of lifting and other cargo handling
appliances and services, such as, pallets containing or supporting loads and
provision of safety appliances on them, if necessary; (xlvii) providing for the
safety of workers employed in freight container terminals or other terminals
for handling unitised cargo; (xlviii) providing for the
fencing of machinery, live electrical conductors, steam pipes and hazardous
openings; (xlix) ?providing for the construction, maintenance
and use of staging; (l) ?providing for the rigging and use of ship's
derricks; (li) ?providing for the testing, examination,
inspection and certification as appropriate of loose gears including chains and
ropes and of slings and other lifting devices used in the dock work; (lii) providing for the
precautions to be taken to facilitate escape of workers when employed in a
hold, bin, hopper or the like or between decks of a hold while handling coal or
other bulk cargo; (liii) providing for the
measures to be taken in order to prevent dangerous methods of working in the
stacking, unstacking, stowing and unstowing of cargo or handling in connection
therewith; (liv) providing for the
handling of dangerous substances and working in dangerous or harmful
environments and the precautions to be taken in connection with such handling; (lv) ?providing for the work in connection with
cleaning, chipping, painting, operations and precautions to be taken in
connection with such work; (lvi) providing for the
employment of persons for handling cargo, handling appliances, power operated
hatch covers or other power operated ship's equipment, such as, door in the
hull of a ship, ramp, retraceable car deck or similar equipment or to give
signals to the drivers of such machinery; (lvii) providing for the
transport of dock workers; (lviii) ?providing for the precautions to be taken to
protect dock workers against harmful effects of excessive noise, vibrations and
air pollution at the workplace; (lix) ?providing for protective equipment or
protective clothing; (lx) ?providing for the sanitary, washing and
welfare facilities; (lxi) providing for? (lxii)
the
medical supervision; (lxiii) the ambulance rooms,
first aid and rescue facilities and arrangements for the removal of dock
workers to the nearest place of treatment; (lxiv) ?the safety and health organisation; and (lxv) the training of dock
workers and for the obligations and rights of the dock workers for their safety
and health at the workplace; (lxvi) ?providing for the investigation of
occupational accidents, dangerous occurrences and diseases, specifying such
diseases and the forms of notices, the persons and authorities to whom, they
are to be furnished, the particulars to be contained in them and the time
within which they are to be submitted; (lxvii)
providing
for the submission of statement of accidents, man-days lost, volume of cargo
handled and particulars of dock workers; and (lxviii)
any
other matter which is required to be or may be specified by regulation. The power to make rules, regulations,
and bye-laws under this Code shall be subject to the condition of the previous
publication of the same being made, in the following manner, namely:-- (a)
the
date to be specified after a draft of rule, regulation, and bye-laws proposed
to be made will be taken under consideration, shall not be less than forty-five
days from the date on which the draft of the proposed rule, regulation and
bye-laws is published for general information; (b)
rule,
regulation and bye-laws shall be published in the Official Gazette and on such
publication, shall have effect as if enacted in this Code. Notwithstanding anything contained in
section 137, regulations under section 136 may be made without previous
publication and without reference to the National Occupational Safety Health
Advisory Board constituted under sub-section (1) of section 16, if the Central
Government is satisfied that for the prevention of apprehended danger or the
speedy remedy of conditions likely to cause danger and to avoid delay it is
necessary to dispense with from such publication and reference. (1)
The
employer of a mine may, and shall, if called upon to do so by the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator, frame and submit to the
Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator a draft of such
bye-laws, not being inconsistent with this Code or any rules or regulations or
standards for the time being in force, governing the use of any particular
machinery or the adoption of a particular method of working in the mine, as the
employer may deem necessary to prevent accidents and provide for the safety,
convenience and discipline of the persons employed in the mine. (2)
If
any such employer? (a)
fails
to submit within two months a draft of bye-laws after being called upon to do
so by the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator; or (b)
submits
a draft of bye-laws which is not in the opinion of the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator sufficient, the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator may? (c)
propose
a draft of such bye-laws as appear to him to be sufficient; or (d)
propose
such amendments in any draft submitted to him by the employer as will, in his
opinion, render it sufficient, and shall send such draft bye-laws or draft
amendments to the employer for consideration. (3)
If
within a period of two months from the date on which any draft bye-laws or
draft amendments are sent by the Chief Inspector-cum-Facilitator or
Inspector-cum-Facilitator to the employer under the provisions of sub-section
(2), the Chief Inspector-cum-Facilitator or Inspector-cum-Facilitator and the
employer are unable to agree as to the terms of the bye-laws to be made under
sub-section (1), the Chief Inspector-cum-Facilitator or
Inspector-cum-Facilitator shall refer the draft bye-laws for settlement to the
technical committee constituted under sub-section (5) of section 16 in respect
of mines. (4)
When
such draft bye-laws have been agreed to by the employer and the Chief
Inspector-cum-Facilitator or Inspector-cum-Facilitator, or, when they are
unable to agree, have been settled by the technical Committee constituted under
sub-section (5) of section 16 in respect of mines, a copy of the draft bye-laws
shall be sent by the Chief Inspector-cum-Facilitator or
Inspector-cum-Facilitator to the Central Government for approval: Provided that the Central Government
may make such modification of the draft bye-laws as it thinks fit: Provided further that before the
Central Government approves the draft bye-laws, whether with or without
modifications, there shall be published, in such manner as the Central
Government may think best adapted for informing the persons affected, a notice
of the proposal to make the bye-laws and of the place where copies of the draft
bye-laws may be obtained, and of the time (which shall not be less than thirty
days) within which any objections with reference to the draft bye-laws, made by
or on behalf of persons affected should be sent to the Central Government. (5)
Every
objection under second proviso to sub-section (4) shall be in writing and shall
state? (6)
the
specific grounds of objections, and (7)
?the omissions, additions or modifications
asked for. (8)
The
Central Government shall consider any objection made within the required time
by or on behalf of persons appearing to it to be affected, and may approve the
bye-laws either in the form in which they were published or after making such
amendments thereto as it thinks fit. (9)
The
employer shall cause a copy of the bye-laws, in English and in such other
language or languages as may be prescribed by the Central Government, to be
pasted up in some conspicuous place at or near the mine, where the bye-laws may
be conveniently read or seen by the persons employed; and, as and when the same
become defaced, obliterated or destroyed, shall cause them to be pasted again. (10)
The
Central Government may, by order in writing rescind, in whole or in part, any
bye-law so made, and thereupon such bye-law shall cease to have effect
accordingly. Notwithstanding any law for the time
being in force, the Central Government may make rules to regulate general
safety and health of the persons residing in whole or part of India, in the
event of declaration of an epidemic, pandemic or disaster, for such period as
may be notified by the Central Government. Every rule, regulation, standard and
bye-laws notified or made by the Central Government under this Code shall be
laid, as soon as may be after it is notified or made, before each House of
Parliament, while it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in
the rule, regulation, standard or bye-law or both Houses agree that the rule,
regulation, standard or bye-law should not be made, the rule, regulation,
standard or bye-law shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule, regulation, standard or bye-law, as the case may be. Every rule made by the State Government
under this Code shall be laid, as soon as may be, after it is made, before the
State Legislature. (1)
The
following enactments shall stand repealed on and from the dates the
notification referred to in sub-section (2) of section 1 is issued, namely:-- (a)
The
Factories Act, 1948 (63 of 1948); (b)
The
Plantations Labour Act, 1951 (69 of 1951); (c)
The
Mines Act, 1952 (35 of 1952); (d)
The
Working Journalists and other Newspaper Employees (Conditions of Service) and
Miscellaneous Provisions Act, 1955 (45 of 1955); (e)
The
Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958); (f)
The
Motor Transport Workers Act, 1961 (27 of 1961); (g)
The
Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966); (h)
The
Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970); (i)
The
Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976); (j)
The
Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979 (30 of 1979); (k)
The
Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
(50 of 1981); (l)
The
Dock Workers (Safety, Health and Welfare) Act, 1986 (54 of 1986); (m)
The
Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996 (27 of 1996). (2)
Every
Chief Inspector, Additional Chief Inspector, Joint Chief Inspector, Deputy
Chief Inspector, Inspector and every other officer appointed for the purposes
under any of the provisions of the enactments repealed by this Code, shall be
deemed to have been appointed under this Code for such purposes under this
Code. (3)
?Notwithstanding repeal under sub-section (1),
anything done or any action taken under the enactments so repealed (including
any rule, regulation, bye-laws, notification, nomination, appointment, order or
direction made there under) shall be deemed to have been done or taken under
the corresponding provisions of this Code and shall remain in force to the
extent they are not contrary to the provisions of this Code till they are
repealed by the Central Government. (4)
Without
prejudice to the provisions of sub-section (2), provisions of section 6 of the
General Clauses Act, 1897 (10 of 1897) shall apply to the repeal of such
enactments. THE
FIRST SCHEDULE [See
section 2(za)] List
of Industries involving hazardous processes: 1.
Ferrous
Metallurgical Industries --Integrated Iron and Steel --Ferro-alloys --Special Steels. 2.
Non-ferrous
metallurgical Industries --Primary Metallurgical Industries,
namely, zinc, lead, copper, manganese and aluminium. 3.
Foundries
(ferrous and non-ferrous) --Castings and forgings including
cleaning or smoothening/roughening by sand and shot blasting. 4.
Coal
(including coke) industries --Coal, Lignite, Coke and like other
substances --Fuel Gases (including Coal Gas,
Producer Gas, Water Gas). 5.
Power
Generating Industries. 6.
Pulp
and paper (including paper products) industries. 7.
?Fertiliser Industries --Nitrogenous --Phosphatic --Mixed. 8.
Cement
Industries --Portland Cement (including slag
cement, puzzolona cement and their products). 9.
Petroleum
Industries --Oil Refining --Lubricating Oils and Greases. 10.
?Petro-chemical Industries. 11.
Drugs
and Pharmaceutical Industries --Narcotics, Drugs and Pharmaceuticals. 12. Fermentation
Industries (Distilleries and Breweries). 13. Rubber (Synthetic)
Industries. 14. Paints and Pigment
Industries. 15. ?Leather Tanning Industries. 16. Electro-plating
Industries. 17.
?Chemical Industries. (a)
Coke
Oven by-products and Coaltar Distillation products: (b)
Industrial
Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur
dioxide, nitrous oxide, halogenated hydrocarbon, ozone, or any like gases); (c)
Industrial
Carbon; (d)
Alkalies
and Acids; (e)
Chromates
and dichromates; (f)
Lead
and its compounds; (g)
Electrochemicals
(metallic sodium, potassium and magnesium, chlorates, perchlorates and
peroxides); (h)
Electrothermal
produces (artificial abrasive, calcium carbide); (i)
Nitrogenous
compounds (cyanides, cyanamides and other nitrogenous compounds); (j)
Phosphorous
and its compounds; (k)
Halogens
and Halogenated compounds (Chlorine, Fluorine, Bromine and Iodine); (l)
Explosives
(including industrial explosives and detonators and fuses). 18. Insecticides,
Fungicides, Herbicides and other Pesticides Industries. 19. Synthetic Resin and
plastics. 20. Man made Fibre
(Cellulosic and non-cellulosic) industry. 21. Manufacture and
repair of electrical accumulators. 22. Glass and Ceramics. 23. Grinding or glazing
of metals. 24. Manufacture, handling
and processing of asbestos and its products. 25. Extraction of oils
and fats from vegetable and animal sources. 26. Manufacture, handling
and use of benzene and substances containing benzene. 27. ?Manufacturing processes and operations
involving carbon disulphide. 28. Dyes and Dyestuff
including their intermediates. 29. Highly flammable
liquids and gases. 30. Printing and dyeing
on fabrics in textiles and plywood and laminate manufacturing process. 31. Process involving
usage of radium or Radioactive Substances. 32. Stone Crushing
industry. 33. ?Extraction of Oil and Raw material from the
scrap tyres. 34. ?Cigarette manufacturing industry. 35. Ship breaking
industry. 36. ?Hazardous waste and e-waste processing plants. 37. Semiconductor
manufacturing industry. 38. Styrene
manufacturing, handling and processing industry. 39. ?Nano-particles utilising industry. 40.
?Manufacturing, processing, preparation and
utilisation of Mercury or Compounds of Mercury, Lead Tetra-ethyl, Manganese,
Arsenic, Chrome, Aliphatic series, Beryllium, Phosgene and Isocyanates. THE
SECOND SCHEDULE [See
section 18(2)(f)] List
of matters: (1)
fencing
of machinery; (2)
work
on or near machinery in motion; (3)
employment
of adolescents on dangerous machines; (4)
striking
gear and devices for cutting off power; (5)
self
acting machines; (6)
casing
of new machinery; (7)
prohibition
of employment of women, children and adolescent near cotton openers; (8)
hoists
and lifts; (9)
lifting
machines, chains, ropes and lifting tackles; (10)
revolving
machinery; (11)
pressure
plant; (12)
floors,
stairs and means of access; (13)
pits,
sumps, openings in floors and other similar indentation of area; (14)
safety
officers; (15)
protection
of eyes; (16)
precautions
against dangerous fumes, gases, etc.; (17)
precautions
regarding the use of portable electric light; (18)
explosive
or inflammable dust, gas, and other like dusts or gases; (19)
safety
committee; (20)
power
to require specifications of defective parts or tests of stability; (21)
safety
of buildings and machinery; (22)
maintenance
of buildings; (23)
prohibition
in certain cases of danger; (24)
notice
in respect of accidents; (25)
court
of inquiry in case of accidents; (26)
safety
management in plantation; (27)
the
general requirement relating to the construction, equipments and maintenance
for the safety of working places on shore, ship, dock, structure and other
places at which any dock work is carried on; (28)
the
safety of any regular approaches over a dock, wharf, quay or other places which
dock worker have to use for going for work and for fencing of such places and
projects; (29)
the
efficient lighting of all areas of dock, ship, any other vessel, dock structure
or working places where any dock work is carried on and of all approaches to
such places to which dock workers are required to go in the course of their
employment; (30)
adequate
ventilation and suitable temperature in every building or an enclosure on ship
where dock workers are employed; (31)
the
fire and explosion preventions and protection; (32)
safe
means of access to ships, holds, stagings, equipment, appliances and other
working places; (33)
the
construction, maintenance and use of lifting and other cargo handling
appliances and services, such as, pallets containing or supporting loads and
provision of safety appliances on them, if necessary; (34)
the
safety of workers employed in freight container terminals of other terminals
for handing unitized cargo; (35)
the
fencing of machinery, live electrical conductors, steam pipes and hazardous
openings; (36)
the
construction, maintenance and use of staging; (37)
the
rigging and use of ship's derricks; (38)
the
testing, examination, inspection and certification as appropriate of' loose
gears including chains and ropes and of slings and other lifting devices used
in the dock work; (39)
the
precautions to be taken to facilitate escape of workers when employed in a hold,
bin, hopper or the like or between decks of a hold while handing coal of other
bulk cargo; (40)
the
measures to be taken in order to prevent dangerous methods of' working in the
stacking, unstacking, stowing and unstowing of cargo or handling in connection
therewith; (41)
the
handling of dangerous substances and working, in dangerous or harmful
environments and the precautions to be taken in connection with such handling; (42)
the
work in connection with cleaning, chipping, painting, operations and
precautions to be taken in connection with such work; (43)
the
employment of persons for handling cargo, handling appliances, power operated
batch covers or other power operated ship's equipment such as, door in the hull
of a ship, ramp, retraceable car deck or similar equipment or to give signals
to the drivers of such machinery; (44)
the
transport of dock workers; (45)
the
precautions to be taken to protect dock workers against harmful effects of
excessive noise, vibration and air pollution at the work place; (46)
protective
equipment and protective clothing; (47)
the
sanitary, washing and welfare facilities; (48)
the
medical supervision; (49)
the
ambulance rooms, first aid and rescue facilities and arrangements for the
removal of dock workers to the nearest place of treatment; (50)
the
investigation of occupational accidents, dangerous occurrences and diseases,
specifying such diseases and the forms of' notices, the persons and authorities
to whom, they are to be furnished, the particulars to be contained in them and
the time within which they are to be submitted; (51)
the
submission of statement of accidents, man-days lost, volume of cargo handled
and particulars of dock workers. (52)
the
safe means of access to, and the safety of, any working place, including the
provision of suitable and sufficient scaffolding at various stages when work
cannot be safely done from the ground or from any part of a building or from a
ladder or such other means of support; (53)
the
precautions to be taken in connection with the demolition of the whole or any
substantial part of a building or other structure under the supervision of a
competent person for the avoidance of danger from collapse of any building or
other structure while removing any part of the framed building or other
structure by shoring or otherwise; (54)
the
handling or use of explosive under the control of competent persons so that
there is no exposure to the risk of injury from explosion or from flying
material; (55)
the
erection installation, use and maintenance of transporting equipment, such as
locomotives, trucks, wagons and other vehicles and trailers and appointment of
competent persons to drive or operate such equipment; (56)
the
erection, installation, use and maintenance of hoists, lifting appliances and
lifting gear including periodical testing and examination and heat treatment
where necessary, precautions to be taken while raising or lowering loads,
restrictions on carriage of persons and appointment of competent persons on
hoists or other lifting appliances; (57)
the
adequate and suitable lighting of every workplace and approach thereto, of
every place where raising or lowering operations with the use of hoists,
lifting appliances or lifting gears are in progress and of all openings
dangerous to building workers employed; (58)
the
precautions to be taken to prevent inhalation of dust, fumes, gases or vapours
during any grinding, cleaning, spraying or manipulation of any material and
steps to be taken to secure and maintain adequate ventilation of every working
place or confined space; (59)
the
measures to be taken during stacking or unstacking, stowing or unstowing of
materials or goods or handling in connection therewith; (60)
the
safeguarding of machinery including the fencing of every fly-wheel and every
moving part of prime mover and every part of transmission or other machinery,
unless it is in such a position or of such construction as to be safe to every
worker working only of the operations and as if it were securely fenced; (61)
the
safe handling and use of plant, including tools and equipment operated by
compressed air; (62)
the
precaution to be taken in case of fire; (63)
the
limits of weight to be lifted or moved by workers; (64)
the
safe transport of workers to or from any workplace by water and provision of
means for rescue from drowning; (65)
the
steps to be taken to prevent danger to workers from live electric wires or
apparatus including electrical machinery and tools and from overhead wires; (66)
the
keeping of safety nets, safety sheets and safety belts where the special nature
or the circumstances of work render them necessary for the safety of the
workers; (67)
the
standards to be complied with regard to scaffolding, ladders and stairs,
lifting appliances, ropes, chains and accessories, earth moving equipment and
floating operational equipments; (68)
the
precautions to be taken with regard to pile driving, concrete work, work with
hot asphalt, tar or other similar things, insulation work, demolition
operations, excavation, underground construction and handling materials; (69)
the
safety policy, that is to say, a policy relating to steps to be taken to ensure
the safety and health of the building workers, the administrative arrangements
therefore and the matters connected therewith, to be framed by the employers
and contractors for tile operations to be carried on in a building or other
construction work; (70)
emergency
standards for enforcement of suitable standards in respect of hazardous
processes in a factory; (71)
the
maximum permissible threshold limits of exposure of chemical and toxic
substances in manufacturing processes (whether hazardous or otherwise) in any
factory; (72)
lightning;
and (73)
any
other matter which the Central Government considers under the circumstance for
better working condition for safety at the workplace. THE
THIRD SCHEDULE [See
section 12(1)] List
of Notifiable Diseases: 1.
Lead
poisoning, including poisoning by any preparation or compound of lead or their
sequelae. 2.
Lead-tetra-ethyle
poisoning. 3.
Phosphorus
poisoning or its sequelae. 4.
Mercury
poisoning or its sequelae. 5.
Manganese
poisoning or its sequelae. 6.
Arsenic
poisoning or its sequelae. 7.
Poisoning
by nitrous fumes. 8.
Carbon
bisulphide poisoning. 9.
Benzene
poisoning, including poisoning by any of its homologues, their nitro or amido
derivatives or its sequelae. 10.
Chrome
ulceration or its sequelae. 11.
Anthrax. 12.
Silicosis. 13.
Poisoning
by halogens or halogen derivatives of the hydrocarbons of the aliphatic series. 14.
Pathological
manifestations due to? 15.
radium
or other radio-active substances; 16.
X-rays. 17. ?Primary epitheliomatous cancer of the skin. 18. Toxic anaemia. 19. ?Toxic jaundice due to poisonous substances. 20. Oil acne or
dermatitis due to mineral oils and compounds containing mineral oil base. 21. ?Byssionosis. 22. ?Asbestosis. 23. ?Occupational or contact dermatitis caused by
direct contact with chemicals and paints. These are of two types, that is,
primary irritants and allergic sensitizers. 24. ?Noise induced hearing loss (exposure to high
noise levels). 25. ?Beriyllium poisoning. 26. Carbon monoxide
poisoning. 27. ?Coal miners' pneumoconiosis. 28. ?Phosgene poisoning. 29. ?Occupational cancer. 30. ?Isocyanates poisoning. 31. Toxic nephritis. STATEMENT
OF OBJECTS AND REASONS 1.
The
Second National Commission on Labour, which submitted its report in June, 2002,
had recommended that the existing set of labour laws should be broadly
amalgamated into the following groups, namely:-- (a)
industrial
relations; (b)
wages; (c)
social
security; (d)
safety;
and (e)
welfare
and working conditions. 2.
?In pursuance of the recommendations of the
said Commission and the deliberations made in the tripartite meeting comprising
of the Government, employers' and industry representatives, it has been decided
to bring the Occupational Safety, Health and Working Conditions Code, 2020. The
proposed legislation intends to amalgamate, simplify and rationalise the
relevant provisions of the following thirteen Central labour enactments
relating to occupation, safety, health and working conditions of workers,
namely:? 3.
The
Factories Act, 1948; 4.
The
Plantations Labour Act, 1951; 5.
The
Mines Act, 1952; 6.
The
Working Journalists and other Newspaper Employees (Conditions of Service and
Miscellaneous Provisions) Act, 1955; 7.
The
Working Journalists (Fixation of Rates of Wages) Act, 1958; 8.
The
Motor Transport Workers Act, 1961; 9.
The
Beedi and Cigar Workers (Conditions of Employment) Act, 1966; 10. The Contract Labour
(Regulation and Abolition) Act, 1970; 11. The Sales Promotion
Employees (Condition of Service) Act, 1976; 12. ?The Inter-State Migrant workmen (Regulation of
Employment and Conditions of Service) Act, 1979; 13. ?The Cine Workers and Cinema Theatre Workers
Act, 1981; 14. ?The Dock Workers (Safety, Health and Welfare)
Act, 1986; and 15.
The
Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act, 1996. 16.
In
the light of above, the Occupational Safety, Health and Working Conditions
Code, 2019 was introduced in Lok Sabha on the 23rd day of July, 2019 and the
same was referred to the Department related Parliamentary Standing Committee on
Labour. The said Committee recommended several substantive modifications to the
said Code. In addition to the said modifications, the Government of India has
also proposed certain changes to the said Code in the light of COVID-19
Pandemic. In view of this, the Government of India has decided to withdraw
pending the Occupational Safety, Health and Working Conditions Code, 2019 and
to introduce the Occupational Safety, Health and Working Conditions Code, 2020.
The proposed Code simplifies, amalgamates and rationalises the provisions of
the aforesaid thirteen enactments with certain important changes which, inter
alia, are as under:? (i)
to
impart flexibility in adapting technological changes and dynamic factors, in
the matters relating to health, safety, welfare and working conditions of
workers; (ii)
to
apply the provisions of the proposed Code for all establishments having ten or
more workers, other than the establishments relating to mines and docks; (iii)
to
provide the concept of "one registration" for all establishments
having ten or more employees. However, for the applicability of all other
provisions of the Code in respect of factories, except registration, the
threshold has been fixed twenty workers in a factory (with power) and forty
workers (without power); (iv)
to
include the journalist working in electronic media such as in e-paper
establishment or in radio or in other media in the definition of "working
journalists"; (v)
to
provide for issuing of appointment letter mandatorily by the employer of an
establishment to promote formalisation in employment; (vi)
to
provide free of cost annual health check-ups for employees above the specified
age in all or certain class of establishments by which it would be possible to
detect diseases at an early stage for effective and proper treatment of the
employees; (vii)
to
make the provisions relating to Inter-State Migrant Workers applicable on the
establishment in which ten or more migrant workers are employed or were
employed on any day of the preceding twelve months and also provide that a
Inter-State Migrant may register himself asan Inter-State Migrant Worker on the
portal on the basis of self-declaration and Aadhaar; (viii)
an
Inter-State Migrant Worker has been provided with the portability to avail
benefits in the destination State in respect of ration and availing benefits of
building and other construction worker cess; (ix)
to
constitute the National Occupational Safety and Health Advisory Board to give
recommendations to the Central Government on policy matters, relating to
occupational safety, health and working conditions of workers; (x)
to
constitute the State Occupational Safety and Health Advisory Board at the State
level to advice the State Government on such matters arising out of the administration
of the proposed Code; (xi)
to
make a provision for the constitution of Safety Committee by the appropriate
Government in any establishment or class of establishments; (xii)
to
employ women in all establishments for all types of work. They can also work at
night, that is, beyond 7 PM and before 6 AM subject to the conditions relating
to safety, holiday, working hours and their consent; (xiii)
to
make provision of "common license" for factory, contract labour and
beedi and cigar establishments and to introduce the concept of a single all
India license for a period of five years to engage the contract labour; (xiv) to enable the courts
to give a portion of monetary penalties up to fifty per cent. to the worker who
is a victim of accident or to the legal heirs of such victim in the case of his
death; (xv)
to
provide overriding powers to the Central Government to regulate general safety
and health of persons residing in whole or part of India in the event of
declaration of epidemic or pandemic or disaster; (xvi) to make provision for
Social Security Fund for the welfare of unorganised workers; and (xvii) to make provision for
adjudging the penalties imposed under the Code. 17.
?The notes on clause explain in detail the
various provisions contained in the Code. 18.
The
Code seeks to achieve the aforesaid objectives.
Preamble
- OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITIONS CODE, 2020PREAMBLE