Rajasthan Control of Industrial Major Accident Hazards Rules, 1991

In exercise of the powers conferred by Section 112 of the Factories Act, 1948 ( Central Act 63 of 1948 ) the State Government hereby makes the following Rules, the same have been previously published in Rajasthan Gazette Part 3(kha) dated 14 November, 1992 as required by section 115 of the said Act, namely:

Rule - 1. Short title and commencement.?

 

(i)       These rules may be called the Rajasthan Control of Industrial Major Accident Hazards Rules, 1991.

(ii)      They shall come into force from the date of publication.

(iii)     These rules supplement the rules already notified under the Factories Act , 1948.

Rule - 2. Definitions.?

 

In these rules, unless the context otherwise requires,-

(a)      "Hazardous Chemical " means,-

(i)       any chemical which satisfies any of the criteria laid down in Part I of [Schedule 1 or] is listed in Column 2 of Part II of this Schedule ; or

(ii)      any chemical listed in Column 2 of Schedule 2; or

(iii)     any chemical listed in Column 2 of Schedule 3;

(b)      ["industrial activity" means an operation or process carried out in a factory referred to in Schedule 4 involving or likely to involve one or more hazardous chemicals and includes on-site storage or on-site transport which is associated with that operation or process, as the case may be.]

(c)      "isolated storage" means storage where no other manufacturing process other than pumping of hazardous chemical is carried out and that storage involves at least a quantity of that chemical set out Schedule 2, but does not include storage associated with [a factory] specified in Schedule 4 on the same site.

(d)      ["major accident" means an incident involving loss of life inside or outside the site, or ten or more injuries inside and/or one or more injuries outside or release of toxic chemicals or explosion or fire or spillage of hazardous chemicals resulting in on-site or off-site emergencies or damage to equipment leading to stoppage of process or adverse affects to the environment].

(e)      "pipeline" means a pipe (together with any apparatus and works associated therewith) or system of pipes (together with any apparatus and work associated therewith) for the conveyance of a hazardous chemical, other than a flammable gas as set out in Column 2 of Part II of Schedule 3 at a pressure of less than 8 bars absolute.

(f)       "Schedule" means Schedule appended to these rules.

(g)      "site" means any location where hazardous chemicals are manufactured or processed, stored, handled, used, disposed of and includes the whole of an area under the control of an occupier .

(h)     Words and expressions not defined in these Rules but defined or used in the Factories Act, 1948 and the Rules made thereunder have the same meaning as assigned therein.

Rule - 3. Collection, development and dissemination of information.?

 

(1)     This rule shall apply to an industrial activity [or isolated storage] in which a hazardous chemical which satisfies any of the criteria laid down in part I of Schedule 1 [or] is listed in Column 2 of Part II of this Schedule is or may be involved.

(2)     [An occupier of an industrial activity or isolated storage in term of sub-rule 1 of this rule, shall arrange to obtain or develop information in the form of safety data sheet as specified in Schedule 5. The information shall be made accessible to workers upon request for reference].

(3)     The occupier while obtaining or developing a [safety data sheet as specified] in Schedule 5 in respect of a hazardous chemical handled by him shall ensure that the information is recorded accurately and reflects the scientific evidence used in making the hazard determination. In case, any significant information regarding hazard of a chemical is available, it shall be added to the [safety data sheet as specified] in Schedule 5 as soon as practicable.

(4)     Every container of a hazardous chemical shall be clearly labelled or marked to identify,-

(a)      the contents of the container;

(b)      the name and address of manufacturer or importer of the hazardous chemical; and

(c)      the physical, chemical and toxicological data of the hazardous chemical .

(5)     In terms of sub rule 4 of this rule where it is impracticable to label a chemical in view of the size of the container or the nature of the package, provision should be made for other effective means like tagging or accompanying documents.

Rule - [3A. Duties of Inspector.?

 

(1)     The Inspector shall,-

(a)      inspect the industrial activity or isolated storage at least once in a calendar year;

(b)      send annually status report on the compliance with the rules by the occupiers to the Ministry of Environment and Forests through the Directorate General Factory Advice Service and Labour Institute and Ministry of Labour, Government of India;

(c)      enforce directions and procedures in respect of industrial activities or isolated storage's covered under the Factories Act, 1948 and in respect of pipelines up to a distance of 500m from the outside of the perimeter of the factory, regarding

(i)       Notice of the major accidents as per rule 5(1) and 5(2).

(ii)      Notification of sites as per rule 7 and 8.

(iii)     Safety Reports and Safety Audits as per Rules 10 and 12.

(iv)    Preparation of on-site emergency plans as per Rule 13.]

Rule - 4. General responsibility of the[occupier].?

 

(1)     This rule shall apply to,-

(a)      an industrial activity [xxx] in which a hazardous chemical, which satisfies any of the criteria laid down in Part I of Schedule 1 [or] is listed in Column 2 of Part II of this Schedule is, or may be, involved; and

(b)      isolated storage in which there is involved a quantity of a hazardous chemical listed in Column 2 of Schedule 2 which is equal to or more than the [threshold quantity] specified in the Schedule for that chemical in Column 3, thereof.

(2)     [An occupier in terms of sub-rule (1) shall provide information on demand to show that he has,-]

(a)      identified the major accident hazards; and

(b)      taken adequate steps to-

(i)       prevent such major accidents and to limit their consequences to persons and the environment; and

(ii)      provide the persons working on the site with the information, training and equipment including antidotes necessary to ensure their [safety and health]

Rule - 5.[Notice of major accident].?

 

(1)     Where a major accident occurs on a site, the occupier shall [within 48 hours notify] the Inspector and the Chief Inspector of that accident, and furnish thereafter to the [Inspector and the Chief Inspector] a report relating to the accidents in instalments, if necessary, in Schedule 6.

(2)     [The Inspector and the Chief Inspector shall, on receipt of the report in accordance with sub-rule (1) of this rule undertake a full analysis of the major accident and send the requisite information to the Ministry of Environment and Forests through the Directorate General Factory Advice Service & Labour Institutes and Ministry of Labour, Government of India]

(3)     [An occupier shall notify to the Inspector steps taken to avoid any repetition of such occurrence on a site.

(4)     The Inspector and the Chief Inspector shall compile information regarding major accidents and make available a copy of the same to the Ministry of Environment & Forests through the Directorate General Factory Advice Service & Labour Institutes and Ministry of Labour, Government of India.

(5)     The Inspector and the Chief Inspector shall inform the occupier in writing of any lacunae which in their opinion need to be rectified to avoid major accidents.]

Rule - 6. Industrial activity or isolated storage to which[Rules 7, 8, 10 to 13 and 15]apply.?

 

(1)     (a) [Rules 7, 8, 13 and 15] shall apply to an industrial activity other than isolated storage, in which there is involved a quantity of hazardous chemical listed in Column 2 of Schedule 3 which is equal to or more than the [threshold quantity] specified in the entry for that chemical in Column 3 ;

(b) Rule 10 to 12 shall apply to an industrial activity other than isolated storage, in which there is involved a quantity of hazardous chemical listed in Column 2 of Schedule 3 which is equal to or more than the [threshold quantity] specified in the entry for that chemical in Column 4 ;

(c) Rule 7 and 8 shall apply to an isolated storage, in which there is involved a quantity of hazardous chemical listed in Column 2 of Schedule 3 which is equal to or more than the [threshold quantity] specified in the entry for that chemical in Column 3 ; and

(d) [Rules 10 to 13 and 15] shall apply to an isolated storage in which there is involved a quantity of hazardous chemical listed in Column 2 of Schedule 2 which is equal to or more than the [threshold quantity] specified in the entry for that chemical in Column 4 ;

(2)     [x x x]

Rule - 7.[Notification of sites].?

 

(1)     An occupier shall not undertake any industrial activity [or isolated storage] unless he has submitted a written report to the Chief Inspector containing the particulars specified in Schedule 7 at least [90 days] before commencing that activity or before such shorter time as the Chief Inspector may agree and for the purpose of this sub-rule, an activity in which subsequently there is or is liable to be a [threshold quantity] given in column 3 of Schedules 2 and 3 or more of an additional hazardous chemical shall be deemed to be a different activity and shall be notified accordingly.

(2)     [The Chief Inspector within 60 days from the date of receipt of the report in accordance with sub-rule (1) of this rule, shall examine and on examination of the report if he is of the opinion that contravention of the provisions of the Act or the rules made thereunder has taken place, he may issue notice for obtaining compliance].

Rule - 8.[Updating of the site notification].?

 

Where an activity has been reported in accordance with rule 7(1) and the occupier makes a change in it (including an increase or decrease in the maximum quantity of a hazardous chemical to which this rule applies which is or is liable to be at the site or in the pipeline or [at the] cessation of the activity) which affects the particulars specified in that report or any subsequent report made under this rule, the occupier shall forthwith furnish a further report to the [Inspector and the Chief Inspector].

Rule - 9.

 

[x x x]

 

Rule - 10.[Safety Reports and Safety Audit Reports].?

 

(1)     Subject to the following sub-rules of this rule, an occupier shall not undertake any industrial activity [or isolated storage] to which this rule applies, unless he has prepared a safety report on that industrial activity [or isolated storage] containing the information specified in Schedule 8 and has sent a copy of that report to the Chief Inspector at least [90 days] before commencing that activity.

(2)     [After the commencement of these Rules, the occupier of both the new and the existing industrial activities or isolated storage shall arrange to carry out safety audit by a competent agency to be accredited by an accreditation Board to be constituted by the Ministry of Labour, Government of India in this behalf.

(3)     Further, such auditing shall be carried out as under, -

(a)      Internally once in a year by a team of suitable plant personnel.

(b)      Externally once in two years by a competent agency accredited in this behalf.

(c)      In the year when an external audit is carried out, internal audit need not be carried out.

(4)     The occupier within 30 days of the completion of the audit, shall send a report to the Chief Inspector with respect to the implementation of the audit recommendations.]

Rule - 11.[Updating of safety reports under rule 10].?

 

(1)     Where an occupier has made a safety report in accordance with sub-rule (1) of rule 10, he shall not make any modification to the industrial activity [or isolated storage] to which that safety report relates which could materially affect the particulars in that report, unless he has made a further report to take account of those modifications and has sent a copy of that report to the [Inspector and the Chief Inspector at least 90 days] before making those modifications.

(2)     Where an occupier has made a report in accordance with rule 10 and sub-rule (1) of this rule and that industrial activity [or isolated storage] is continuing, the occupier shall within three years of the date of the last such report, make a further report which shall have regard in particular to new technical knowledge which has affected the particulars in the pervious report relating to safety and hazard assessment, and shall within [30 days] or in such longer time as the Chief Inspector may agree in writing, send a copy of the report to the [Inspector and the Chief Inspector.]

Rule - [12. Requirement for further information to be sent to the inspector and the Chief Inspector.?

 

Where, in accordance with rules 10 and 11 an occupier has sent a safety report and the safety audit report relating to an industrial activity or isolated storage to the Inspector and the Chief Inspector, the Inspector and the Chief Inspector may, by a notice served on the occupier require him to provide such additional information as may be specified in the notice and the occupier shall send that information to the Inspector and the Chief Inspector within 90 days].

Rule - [13. Preparation of on-site emergency plan by the occupier.?

 

(1)     The occupier shall prepare, keep up-to-date and furnish to the Inspector and the Chief Inspector an on-site emergency plan containing details specified in Schedule 8A and detailing how major accidents will be dealt with on the site on which the industrial activity or isolated storage is carried on and that plan shall include the name of the person who is responsible for safety on the site and the names of those who are authorized to take action in accordance with the plan in case of an emergency.

(2)     The occupier shall ensure that the emergency plan prepared in accordance with sub-rule (1) of this rule, takes into account any modification made in the industrial activity or isolated storage and that every person on the site who is concerned with the plan is informed of its relevant provisions.

(3)     The occupier shall prepare the emergency plan required under sub-rule (1) of this rule:-

(4)     Before the commencement of industrial activity or isolated storage;

(5)     within 90 days of coming into operation of these rules in case of an existing industrial activity or isolated storage.

(6)     The occupier shall ensure that a mock drill of the on-site emergency is conducted at least once in every six months;

(7)     A detailed report of the mock drill conducted under sub-rule (4) shall be made immediately available to the Inspector and the Chief Inspector.]

Rule - 14.

 

[xxx]

 

Rule - 15. Information to be given to persons liable to be affected by a major accident.?

 

(1)     [The occupier shall take appropriate steps to inform persons outside the site who are likely to be in an area which may be affected by a major accident about,-

(a)      the nature of the major accident hazard; and

(b)      the safety measures and the "Do's' and 'Don'ts" which should be adopted in the event of a major accident.

(2)     The occupier shall take steps required under sub-rule (1) of this rule to inform persons about an industrial activity or isolated storage before that activity is commenced, except that in respect of an existing industrial activity or isolated storage, the occupier shall comply with the requirements of sub-rule (1) of this rule within 90 days of coming into operation of these rules.]

Rule - 16. Disclosures of information notified under these rules.?

 

Where for the purpose of evaluating information notified under Rule 5 or Rules 7 to 15, the Inspector or the Chief Inspector [xxx] discloses that information to some other person, that other person shall not use that information for any purpose except a purpose of the Inspector or the Chief Inspector [xxx]disclosing it, as the case may be, and before disclosing that information the Inspector or the Chief Inspector [xxx], as the case may, be shall inform that other person of his obligations under this Rule.

Rule - 17.

 

[x x x]

 

Rule - 18. Power of the State Government to notify the Schedules.?

 

The State Government may at any time, by notification in the Official Gazette make suitable changes in the Schedules

[Schedule 1

[See rule 2a (i), 3 (1), 4(1) (a)]

Part-I

 

(a)      Toxic Chemicals. - Chemicals having the following values of acute toxicity and which owing to their physical and chemical properties, are capable of producing major accident hazards:

(b)      Flammable Chemicals. -

(i)       flammable gases: Gases which at 20?C and at standard pressure of 101.3KPa are:-

(a)      ignitable when in a mixture of 13 percent or less by volume with air; or

(b)      have a flammable range with air of at least 12 percentage points regardless of the lower flammable limits.

Note : The flammability shall be determined by tests or by calculation in accordance with methods adopted by International Standards Organization ISO No. 10156 of 1990 or by Bureau of Indian Standards ISI No. 1446 of 1985.

(ii)      extremely flammable liquids.- chemicals which have flash point lower than or equal to 23?C and boiling point less than 35?C.

(iii)     very highly flammable liquids.- chemicals which have a flash point lower than or equal to 23?C and initial boiling point higher than 35?C.

(iv)    highly flammable liquids.- chemicals which have a flash point lower than or equal to 60?C but higher than 23?C.

(v)      flammable liquids.- chemicals which have a flash point higher than 60?C but lower than 90?C.

(vi)    Explosives. - Explosives mean a solid or liquid or pyrotechnic substance (or a mixture of substances) or an article:-

(a)      which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings ;

(b)      which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-denotative self sustaining exothermic chemical reaction.

Part II

List of Hazardous and Toxic Chemicals

 

 

[Schedule 2]

[See rule 2(a)(ii),4(1)(b), 4(2) (1) and 6 (1) (c) and (d)]

Isolated storage at installations other than those covered by Schedule 4

 

(a)      The threshold quantities set out below relate to each installation or group of installations belonging to the same occupier where the distance between installation is not sufficient to avoid in foreseeable circumstances, any aggravation of major accident hazards. These threshold quantities apply in any case to each group of installations belonging to the same occupier where the distance between the installations is less than 500 metres.

 

(b)      For the purpose of determining the threshold quantity of a hazardous chemical at an isolated storage, account shall also be taken of any hazardous chemical which is:-

 

(i)       in that part of any pipeline under the control of the occupier having control of the site, which is within 500 metres of that site and connected to it;

 

(ii)      at any other site under the control of the same occupier any part of the boundary of which is within 500 meters of the said site; and

 

(iii)     in any vehicle, vessel, aircraft or hovercraft, under the control of the same occupier which is used for storage purpose either at the site or within 500 metres of it;

 

(iv)    but no account shall be taken of any hazardous chemical which is in a vehicle, vessel, aircraft or a hovercraft used for transporting it.

[Schedule 3

[See Rule 2(a)(iii), 5 and 6(1) (a) and (b)]

List of Hazardous Chemicals for application of Rules 5 and 7 to 15

 

(a)      The quantities set-out-below relate to each installation or group of installations belonging to the same occupier where the distance between the installations is not sufficient to avoid in foreseeable circumstances, any aggravation of major accident hazards. These quantities apply in any case to each group of installations belonging to the same occupier where the distance between the installations is less than 500 metres.

 

(b)      For the purpose of determining the threshold quantity of a hazardous chemical in an industrial installation, account shall also be taken of any hazardous chemical which is:-

 

(i)       in that part of any pipeline under the control of the occupier having control of the site, which is within 500 metres of that site and connected to it;

 

(ii)      at any other site under the control of the same occupier any part of the boundary of which is within 500 metres of the said site ; and

 

(iii)     in any vehicle, vessel, aircraft or hovercraft under the control of the same occupier which is used for storage purpose either at the site or within 500 metres of it;

 

(iv)    but no account shall be taken of any hazardous chemical which is in a vehicle, vessel, aircraft or hovercraft used for transporting it.

Part - I Named Chemicals

 

[Part II

Classes of Substances as Defined in Part-I, Schedule-1 and not Specifically Named in Part - I of this Schedule

 

 

Foot Notes

 

(1)     This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is greater than 28% by weight and aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is greater than 90% by weight.

(2)     This applies to straight ammonium nitrate fertilizers and to compound fertilizers where the nitrogen content derived from the ammonium nitrate is greater than 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).

(3)     CAS Number ( Chemical Abstracts Service numbers ) means the number assigned to the chemical by the Chemical Abstracts Service]

Schedule-4

[See Rule 2(b) (i)]

[Factory] within the meaning of Rule 2 (b ) (i)

 

1.        [Factories] for the production, processing or treatment of organic or inorganic chemicals using for this purpose, among others;

(a)      Alkylation

 

(b)      Amination by ammonolysis

 

(c)      Carbonylation

 

(d)      Condensation

 

(e)      Dehydrogenation

 

(f)       Esterification

 

(g)      halogenation and manufacture of halogens

 

(h)     hydrogenation

 

(i)       hydrolysis

 

(j)       Oxidation

 

(k)      Polymerziation

 

(l)       Sulphonation

 

(m)    desulphurization, manufacture and transformation of sulphur containing compounds

 

(n)     nitration and manufacture of nitrogen containing compounds

 

(o)      manufacture of phosphorous-containing compounds

 

(p)      formulation of pesticides and of pharmaceutical products

 

(q)      distillation

 

(r)      extraction

 

(s)      solvation

 

(t)       mixing

 

2.        [Factories] for distillation, refining or other processing of petroleum or petroleum products.

 

3.        [Factories] for the total or partial disposal of solid or liquid substances by incineration or chemical decomposition.

 

4.        [Factories] for production, processing, [use] or treatment of energy gases, for example, LPG, LNG, SNG.

 

5.        [Factories] for the dry distillation of coal or lignite.

 

6.        [Factories] for the production of metals or non-metals by a wet process or by means of electrical energy.

Schedule-5

[(See Rule 3( 2) and (3)]

Safety Data Sheet

 

Schedule-6

[See Rule 5(1)]

Information to be Furnished Regarding Notification of a Major Accident

Report number....................
of the particular accident

 

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

 

Name and Designation of Authorised Signatory/Occupier Or Manager

 

Schedule-7

[See Rule 7(1)]

Information to be Furnished for the Notification of [XXX] Sites

Particulars to be included in a notification of a site

 

1.        The name and address of the occupier making the notification.

2.        The full postal address of the site where the notifiable industrial activity will be carried on.

3.        The area of the site covered by the notification and of any adjacent site which is required to be taken into account by virtue of b(ii) of schedule 2 and 3.

 

4.        The date on which it is anticipated that the notifiable industrial activity will commence or if it has already commenced a statement to that effect.

 

5.        The name and maximum quantity liable to be on the site of each dangerous substance for which notification is being made.

 

6.        Organisation structure namely organisation diagram for the proposed industrial activity and set up for ensuring safety and health.

 

7.        Information relating to the potential for major accidents, namely-

(a)      identification of major accident hazards ;

(b)      the conditions or the events which could be significant in brining one about;

(c)      a brief description of the measures taken.

8.        Information relating to the site namel. -

(a)      a map of the site and its surrounding area to a scale large enough to show any features that may be significant in the assessment of the hazards or risk associated with the site;

(i)       area likely to be affected by the major accident;

(ii)      Population distribution in the vicinity.

(b)      a scale plan of the site showing the location and quantity of all significant inventories of the hazardous chemicals;

(c)      a description of the processes or storages involving the hazardous chemicals, and an indication of the conditions under which it is normally held;

(d)      the maximum number of persons likely to be present on site.

9.        The arrangement for training of workers and equipment necessary to ensure safety of such workers.

Schedule-8

[See Rule 10(1)]

Information to be Furnished in a Safety Report

 

1.        The name and address of the person furnishing the information.

 

2.        Description of the industrial activity, namely-

 

(a)      site,

 

(b)      construction design,

 

(c)      protection zones (explosion protection), separation distances,

 

(d)      accessibility of plant,

 

(e)      maximum number of persons working on the site and particularly of those persons exposed to be hazard.

 

3.        Description of the processes, namel. -

(a)      technical purpose of the industrial activity,

 

(b)      basic principles of the technological process,

 

(c)      process and safety -related data for the individual process stages,

 

(d)      process description,

 

(e)      Safety-related types of utilities.

 

4.        Description of the hazardous chemicals, namel. ?

 

(a)      chemicals (quantities, substance data, safety-related data, toxicological data and threshold values),

 

(b)      the form in which the chemical may occur on or into which they may be transformed in the event of abnormal conditions,

 

(c)      the degree of purity of the hazardous chemical.

 

5.        Information on the preliminary hazard analysis, namel. ?

 

(a)      types of accident

 

(b)      system elements or events that can lead to a major accident,

 

(c)      hazards,

 

(d)      safety-relevant components.

 

6.        Description of safety -relevant units, among other. -

(a)      special design criteria,

 

(b)      controls and alarms,

 

(c)      special relief systems,

 

(d)      quick-acting valves,

 

(e)      collecting tanks/dump tank,

 

(f)       sprinkler system,

 

(g)      fire protection, etc.

 

7.        Information on the hazards assessment, namel. ?

 

(a)      identification of hazards ,

 

(b)      the cause of major accidents,

 

(c)      assessment of hazards according to their occurrence frequency,

 

(d)      assessment of accident consequences,

 

(e)      safety systems,

 

(f)       known accident history.

 

8.        Description of information or organizational systems used to carry on the industrial activity safety, namel. -

(a)      maintenance and inspection schedules,

 

(b)      guidelines for the training of personnel,

 

(c)      allocation and delegation of responsibility for plant safety,

 

(d)      implementation of safety procedure.

 

9.        Information on assessment of the consequences of major accidents, namel. -

(a)      assessment of the possible release of hazardous chemicals or of energy,

 

(b)      possible dispersion of released chemical,

 

(c)      assessment of the effects of the releases (size of the affected area, health effects, property damage).

 

10.     Information on the mitigation of major accidents, namel. -

(a)      fire brigade,

 

(b)      alarm systems,

 

(c)      emergency plan containing system of organisation used to fight the emergency, the alarm and the communication rules guidelines for fighting the emergency, information about hazardous chemicals, examples of possible accident sequences,

 

(d)      coordination with the District Collector or the District Emergency authority and its off-site emergency plan,

 

(e)      notification of the nature and scope of the hazard in the event of an accident,

 

(f)       antidotes in the event of a release of a hazardous chemical.

[Schedule -8A]

[See Rule 13(1)]

Details to be Furnished in the On-Site Emergency Plan

 

1.        Name and address of the person furnishing the information.

2.        Key personnel of the organization and responsibilities assigned to them in case of an emergency

3.        Outside organization if involved in assisting during on-site emergency:-

(a)      Type of accidents;

(b)      Responsibility assigned.

4.        Details of liaison arrangement between the organizations.

5.        Information on the preliminary hazard analysis:-

(a)      Type of accidents;

(b)      System elements or events that can lead to a major accident;

(c)      Hazards;

(d)      Safety relevant components

6.        Details about the site:-

(a)      Location of dangerous substances;

(b)      Seat of key personnel;

(c)      Emergency control room.

7.        Description of hazardous chemicals at plant site:-

(a)      Chemicals (Quantities and toxicological data) ;

(b)      Transformation if any, which could occur;

(c)      Purity of hazardous chemicals.

8.        Likely dangers to the plant.

9.        Enumerate effects of:-

(i)       Stress and strain caused during normal operation;

(ii)      Fire and explosion inside the plant and effect if any, of fire and explosion out side.

10.     Details regarding:-

(i)       warning, alarm and safety and security systems;

 

(ii)      alarm and hazard control plans in line with disaster control and hazard control planning, ensuring the necessary technical and organizational precautions;

 

(iii)     reliable measuring instruments, control units and servicing of such equipments;

 

(iv)    precautions in designing of the foundation and load bearing parts of the building;

 

(v)      continuous surveillance of operations;

 

(vi)    maintenance and repair work according to the generally recognized rules of good engineering practices.

 

11.     Details of communication facilities available during emergency and those required for an off-site emergency.

 

12.     Details of fire fighting and other facilities available and those required for an off-site emergency.

 

13.     Details of first aid and hospital services available and its adequacy.

Notifications

[Notification No. F. 15(4) Lab./52. dated 16-6-1953: Published in R.G.G. Part I. dated 276-53. p. 303].- In exercise of the powers conferred under Section 8(5) of Factories Act. 1948, the Government of Rajasthan is pleased to appoint the Lady Labour Welfare Officer, Rajasthan, as an Additional Inspector for the enforcement of the provisions of the Act in Rajasthan so far they relate to female and child labour.

 

[Notification No. F. 15(4) Lab./53. dated 14-1-1953: Published in Rajasthan Rajpatra. Part I. dated 22-8-53. p. 636].- In exercise of the powers conferred under subsection (5) of section 8 of the Factories Act, 1948, the Government of Rajasthan is pleased to appoint the Labour Officer, Bhilwara an Additional Inspector of Factories for Udaipur Division for all the provisions of the Act.

 

The Notification No. F. 15(4) Lab./53, dated the 20th July, 1953, is hereby cancelled.

 

[Notification No. F. 15(9) Lab./50. dated 21-4-1950: Published in Rajasthan Rajpatra.Part I. dated 29-4-50. p. 65].- In exercise of the powers conferred by Section 8(1) of the Indian Factories Act, 1947, Government of Rajasthan are pleased to appoint the Chief Advisor, Factories, and the Deputy Chief Advisors, Factories, to the Government of India, as Inspector for Rajasthan. In pursuance of Section 8(1) of the same Act the Government is further pleased to order that the visits of these officers to factories would essentially be with a view to carry out technical investigations and surveys of working conditions only and will not in any way affect the executive authority of the State in the matter. No instructions will be issued by these officers to the factories direct and in all cases reports of their bindings will be sent either to Government of Rajasthan or to the Chief Inspector of Factories, Rajasthan, for such action as they may consider necessary.

 

[Notification No. F. 1(60) L&E/79, dated 20-5-1981: Published in Rajasthan Gazette Part I-A. dated 18-6-81. p. 24-25]- In exercise of the powers conferred by sub-section (2-A) of Section 8 of the Factories Act, 1948 (Central Act 63 of 1948) and in supersession of this department notification No. F. 1(60) L&E/79, dated 29.12.79, the State Government hereby appoints the following persons to be the Deputy Chief Inspector of Factories for the purpose of the said Act, for the areas specified against each in column 4 with Headquarters as specified in column 3 or any other areas in which they may hereafter be posted or asked to hold additional charge namely:-

 

 

They shall exercise the powers vested in the Chief Inspector of Factories for the renewal of licences of the registered factories registered in their respective areas.

[Notification No. F. 14(10) L & E/84. dated 18-2-1987: Published in Rajasthan Gazette Part 4(Ga)(II). dated 19-3-87. p. 225].

 

S.O. 280. - In exercise of the powers conferred by sub-section (1) of Section 8 of the Factories Act, 1948 (Central Act No. LXIII of 1948), The State Government hereby appoints the Inspector of Factories (Medical) for the purpose of said Act, fol- the area specified in column 4 with headquarter as specified in column 3, namely:-

 

 

[Notification No. 14(10) L&E 184, dated 6.11.1996: Published in Rajasthan Rajpatra, Part IV(Ga). dated 12.2.97, p. 327].

 

S.O. 269. - In exercise of the powers conferred by sub-section 2-A of Section 8 of the Factories Act, 1948 (Central Act 63 of 1948) and in supersession of the department Notification No. F. 14(10) L&E/84 dated 21.1.1986, the State Government hereby appoints the following persons to be the Dy. Chief Inspector of Factories & Boilers for the purpose of this Act, for the area specified against each in column 4 with head-quarters as specified in column 3 or any other areas in which they may hereafter be posted or asked to hold additional charge, namely.

 

 

The State Government also hereby authorises the following Dy. Chief Inspector of Factories & Boilers to exercise the following powers of Chief Inspector of Factories & Boilers, Rajasthan, Jaipur for the area specified against each, in column No. 4:

 

(i)       Renewal of licences of the registered factories.

(ii)      Approval of the factory Building and machinery layout plan for all factories except:

(a)      Factories employing 150 or more workers.

(b)      Factories involving in hazardous process.

[Notification No. 372/Lab. dated 22.2.1952: Published in Rajasthan Rajpatra, Part I dated 223-52, p. 1165].- In exercise of the powers conferred under Sub-section (1) of Section 10 of the Indian Factories Act, 1948 (LXIII of 1948) the Government of Rajasthan is pleased to appoint the Principal Medical Officers of Rajasthan as Certifying Surgeons within their respective areas for the purposes of the said Act in respect of those places where there are no Principal Medical Officers, the Government is further pleased to appoint the District Medical and Health Officers as Certifying Surgeons within their respective area for the purposes of the said Act.

 

[Notification No. F. 1 (28) Lab./52, dated 8.9.1955: in Rajasthan Rajpatra. Part I(a). dated 7.4.56, p. 12].-In exercise of the powers conferred under sub-section (1) of Section 10 of the Indian Factories Act, 1948 (LXIII of 1948), the Government of Rajasthan is pleased to appoint all Railway doctors as indicated in the list below as Certifying Surgeons for each of the Railway factories mentioned in the list against them.

 

List of Factories on Western Railway in the State of Rajasthan

 

 

[Notification No. F. 1 (28) Lab./52. dated 9.9.1955: Published in Rajasthan Rajpatra Part I(a), dated 14.4.56, p. 19].- In exercise of the powers conferred by sub-sec. (1) of Section 10 of the Factories Act, 1948 (LXIII of 1948) the Government of Rajasthan is pleased to appoint the Assistant Medical Officer, Northern Railway, Jodhpur as Certifying Surgeon for the Northern Railways Workshops, Jodhpur.

 

[Notification No. F. 1(18) Lab./52. dated 26.12.1955: Published in Rajasthan Rajpatra part I(b), dated 4.2.66, p. 1000]. - In exercise of the power conferred by subsection (1) of Sec. 10 Of the Factories Act, 1948 (LXIII of 1948), the Government of Rajasthan hereby appoints the following as ex-officio Certifying Surgeons for the areas mentioned against each-

 

 

This is in supersession of Notification No. 372/Lab./dated the 22nd February. 1952.

 

[Notification No. 41/ F. 1(43) Lab. /56, dated 22-5-1959].- In continuation of the Notification No. F. 1(28) Lab./53, dated the 29th December, 1955 and in exercise of the powers conferred by sub-Section (1) of Section 10 of the Factories Act, 1948 (LXIII of 1948), Government of Rajasthan hereby appoints the District Medical Officer, Western Railway, Ajmer as the ex-officio Certifying Surgeon for the purposes of the act of the following factories:

 

1.        Locomotive Workshop, Ajmer.

 

2.        Carriage and Wagon Workshop, Ajmer.

 

3.        Divisional Signal and Telecommunication Engineering Workshop, Ajmer.

 

4.        Ticket Printing and Railway Press, Ajmer.

 

5.        Electrical Workshop, & Power House, Ajmer.

 

6.        Inspector of Works Workshop, Ajmer.

 

[Notification No. D. 7689/F. 3 (58) Ind./(C)159, dated 13-10-1959].- In exercise of the powers conferred by sub-section (1) of Section 10 of the Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby appoints the Medical Officer, Government Dispensary, Sambhar Lake as ex-officio Certifying Surgeon for the Hindustan Salt Co., Sambhar Lake.

 

[Notification No. F. 3(96)/Lab./60-13-49, dated 28-10-1960].- In exercise of the powers conferred by sub-section (1) of Section 10 of the Factories Act, 1948 (Central Act No. 63 of 1948), the State Government hereby appoints the following Medical Practitioners as ex-officio Certifying Surgeons for the purposes of this Act for the factories mentioned against each, namely:

 

 

Notification No. F. 3(55)/ Lab./61, dated 17.7.1961].- In exercise of the powers conferred by sub-section (1) of Section 10 of the Factories Act, 1948 (Central Act No. LXIII of 1948), the State Government hereby appoints the following Medical Practitioners as ex-officio Certifying Surgeons for the purposes of this Act for the factory mentioned against each, namely:

 

[Notification No. F. 4(10) Shram/82, dated 27.10.1986; Published in Rajasthan Rajpatra, Pt IV(Ga)(II), dated 27.11.86, p. 151].

 

S.O. 180. - In exercise of the powers conferred by sub-section (1) of Section 10 of the Factories Act, 1948 (Central Act 63 of 1948) the State Government hereby appoints the Inspector of Factories (Medical) as ex-officio Certifying Surgeon for the purpose of this Act for the factories situated in Rajasthan.

 

[Notification No. F. 4(1) Shram/97, dated 21.3.1997: Published in Rajasthan Rajpatra (Extraordinary), dated 25.3.97, p. 487].

 

S.O. 354. - In exercise of the powers conferred by Sub-section (1) of Section 10 of the Factories Act, 1948 (Central Act LXIII of 1948) the State Government hereby appoints the following Medical Officers as ex-officio Certifying Surgeons for the purpose of said Act for the areas mentioned against them:-

 

Section 40-B

[Notification No. F. 4(10) Shram/82, dated 13.1.1984: Published in Rajasthan Rajpatra, Part 5 (Gh), dated 26.1.84, p. 409].-

 

In pursuance of Section 40 (B)(ii) of Indian Factories Act, 1948 the State Government directs the occupiers of the following factories in which the manufacturing process or operation is carried on, which in the opinion of the Government involves the risk of bodily injury, poisoning or disease or any other hazard to health to the persons employed in the factory, shall employ at least one Safety Officer in their factories:-

 

 

[Notification No. F. 4(10) Shram/82. dated 13.1.1984: Published in Rajasthan Gazette Part 5(Gh) dated 26.1.84, p. 409].- In pursuance of Section 40(B)(i) of Indian Factories Act, 1948 the State Government directs the occupier of the following factories wherein 1000 or more workers are employed, to appoint number of Safety Officers in their factories as per rule 64(B):-

 

Section 41-A

 

[Notification No. If 4(3) Shram/88. 9-1-1989: Published Rajasthan Gazette p 5(G11), dated 15.6.89, p. 3].- In exercise of the powers conferred under sub-section (1) of Section 41-A of Factories Act. 1948, the State Government appoints "SITE APPRAISAL COMMITTEE" consisting of the following members for the purpose of advising it to consider applications for grant of permission for initial location of a factory- belonging to category specified in para 2 below involving hazardous process or for the expansion of any such factory:

 

 

The Site Appraisal Committee shall advise the State Government for grant of permission for initial location for the following categories of factories:

 

1.        All Large/Medium Industries.

 

2.        Small Scale Industries:

(a)      Which are proposed to be located within Municipal limits notified under Rajasthan Municipal Act/U.I. Act. 1959.

(b)      Storing hazardous substances exceeding threshold quantities mentioned in enclosed annexure to this notification. All the Members will present views of the respective departments in meetings of the committee.

Notification will take effect from 7-1-1989.

Annexure

Groups, names and Threshold quantities of Hazardous substances presenting major Accidents Hazards.

 

Section 65

Exemption to factories in Special Economic Zones (SEZs)

 

[Notification No. F. 3(36) Legal F & B/2005, dated 24.10.2005: Rajasthan Gazette, Extraordinary Part IV-C(II), dated 26.11.2005, p. 345-A]S.O. 281-A. ?

Whereas, the State Government is satisfied that factories to be established in a "Special Economic Zone", will be regularly dealing with exceptional pressure of work and that suitable exemption from the provisions of the Factories Act, 1948 (No. 63 of 1948) is required to enable them to deal with such pressure of work:

Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 65 of the Factories Act, 1948 (No. 63 of 1948), the State Government hereby exempts all the adult workers in all Factories to be established in such "Special Economic Zone" from the provisions of Sections 51, 52, 54 & 56 of the said Act, subject to the conditions specified in sub-section (3) of Section 65 of the said Act.

 

Explanation.- "Special Economic Zone" means all area notified as a "Special Economic Zone" by the Government of India, Ministry of Commerce and Industry.

Section 85

 

[Notification No. F. 3(104) Ind (C)I 60. dated 24.2.1960: Published in Rajasthan Rajpatra Part I(b). dated 5.1.61, p. 491].- In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act. 1948 (63 of 1948). and in supersession of notification No. F. 19 (5)/Lab/54, dated the 18th October, 1955, the Government of Rajasthan hereby declares that all the provisions of the said Act, except the provisions of the sections specifically mentioned below against each categories shall apply to the categories of places specified hereunder where a manufacturing process is being carried on with the aid of power or is so ordinarily carried on notwithstanding that-

 

(1)     the number of persons employed therein is less than ten, if working with the aid of power, or

 

(2)     the persons working therein are not employed by the owner thereof but are working with the permission of or under agreement with such owner

 

[Notification No. F. 1(157) L&E/75, dated 27.1.1976: Published in Rajasthan Gazette Part IV-C. dated 5.2.76, p. 499]. S.O. 675. - In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act, 1948 (LXIII of 1948) and in supersession of Notification No. F. 1(75) L & E/75, dated 24.2.75 published in Rajasthan Gazette Part 4(II) dated 6.3.75, the Government of Rajasthan hereby declares that all the provisions of the said Act, except the provisions of sections specifically mentioned below against each category shall apply to the places specified hereunder where a manufacturing process is being carried on with or without the aid of power, or is so ordinarily carried on notwithstanding that the persons working therein are not employed by the owner thereof but are working with the permission of or under agreement with such owner:

 

Provided that the manufacturing process is not being carried on by the owner with the aid of his family members.

 

 

[Notification No. F. 4(1) Shram/83, dated 5.6.1984: Published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 14.6.84, p. 47] S.O. 62. - In exercise of the powers conferred by sub-Section (1) of the Section 85 of the Factories Act. 1948 (Central Act LXIII of 1948) and in supersession of Notification No. F. 1(75) L&E/74. dated 24.2.75 published in Rajasthan Gazette, Part 4 (Kh), dated 6-3-75, the State Government hereby declares that all the provisions of the said Act, except the provisions of the sections specifically mentioned below in Column 3 against each category shall apply to all places in Rajasthan where any of the manufacturing process as specified hereunder in column 2 is being carried on with the aid of power or is so ordinarily carried on. notwithstanding that:-

 

(i)       the number of persons employed therein is less than ten, if working with the aid of power, or

(ii)      the persons working therein are not employed by the owner thereof but are working with the permission of or under agreement with such owner:

Provided that the manufacturing process is not being carried on by the owner with the aid of his family members.

[Notification No. F. 4(10) Lab./88, dated 29.11.1988; Published in Rajasthan Gazette Extraordinary Part IV-C(II), dated 30.11.88, p. 353]. S.O. 188. - ln exercise of the powers conferred by the sub-section (1) of Section 85 of the Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby makes the following amendment in this department Notification No. F. 4(1) Shram/83, dated 5th June, 1984 published in Rajasthan Gazette Part 4(C)(II) dated 14th June, 1984 namely:-

Amendment

 

In the said notification the existing S. No.5 and entries thereto shall be deleted.

[Notification No. F. 4(1) Lab./85, dated 21.2.1986]. - In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby declares that all the provisions of the said Act, except the provisions of the sections specifically mentioned below in column 3 against each category shall apply to all places in Rajasthan where any of the manufacturing process as specified hereunder in column 2 is being carried on with the aid of power or is so ordinarily carried on, notwithstanding that:-

 

 

(i)       The number of persons employed therein is less then ten, if working with the aid of power, or

(ii)      The persons working therein are not employed by the owner thereof but are working with the permission of or under agreement with such owner:

Provided that the manufacturing process is not being carried on by the owner with the aid of his family members:-

[Notification No. F. 14(7) L & E186, dated 25.2.1986; Published in Rajasthan Gazette Extraordinary Part IV(Ga)(II), dated 25.2.86, p. 410]. S.O. 200. - In exercise of the powers conferred by sub-section (1) of the Section 85 of Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby declares that all the provisions of the said Act, except the provisions of the sections specifically mentioned below in column 3 against each category shall apply to all places in Rajasthan where any of the manufacturing process as specified hereunder in column 2 is being carried on with the aid of power or is so ordinarily carried on not withstanding that:-

 

(i)       The number of persons employed therein is less than ten, if working with the aid of power, or

(ii)      The persons working therein are not employed by the owner thereof but are working with the permission of or under agreement with such owner:

Provided that the manufacturing process is not being carried on by the owner with the aid of his family members

[Notification No. F. 14(7) L & E. 186, dated 9.6.1994; Published in Rajasthan Gazette Extraordinary Part IV(Ga)(II), dated 13.6.94, p. 83]. S.O. 67. - In exercise of the powers conferred by sub-section (1) of section 85 of the Factories Act, 1948 (Central Act LXIII of 1948) and in supersession of all previous notifications issued in this behalf, the State Government hereby declares that all the provisions of the said Act, except the provisions of the sections specifically mentioned below in column against each category, shall apply to all places in Rajasthan where any of the manufacturing process as specified hereunder in column 2 is being carried on with the aid of power or is so ordinarily carried on notwithstanding that:-

(i)       The number of persons employed therein is less than ten, if working with the aid of power, or

(ii)      The persons working therein are not employed by the owner thereof but are' working with the permission of or under agreement with such owner:

Provided that the manufacturing process is not being carried on by the owner only with the aid of his family:-

[Notification No. F. 14(7) L&E 186, dated 23.2.1996: Published in Rajasthan Gazette Extraordinary, Part IV-C(II), dated 26.2.96. p. 445]. S.O. 252. - In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act, 1948 (Central Act LXIII of 1948) the State Government hereby declares that all the provisions of the said Act shall apply to all places in Rajasthan where the manufacturing process of Asbestos or its ancillary products as specified hereunder in column 2 is being carried on with or without the aid of power or is so ordinarily carried notwithstanding that

1.        the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or

2.        the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner:

Provided that the manufacturing process is not being carried on by the owner with the aid of his family members.

Section 85

 

[Notification No. F.3(1) Legal/F&B 12003, dated July 21, 2003, Jaipur. Published in Rajasthan Gazette Extraordinary Part 4(Gha), dated 24.7.2003]. S.O. 166. - In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby declares that all the provisions of the said Act shall apply to all places in Rajasthan where manufacturing process as specified hereunder in column-2 is being carried on with the aid of power or is so ordinarily carried on notwithstanding that:

 

1.        The number of persons employed therein is less than ten, if working with the aid of power, or

2.        The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner:

Provided that the manufacturing process is not being carried on by the owner with the aid of his family.

[Notification No. F.3(1) Legal I F&B I 200414392-95, dated 27.7.2004, Jaipur. Published in Rajasthan Gazette Extraordinary Part 4(Gha), dated 29.7.2004]. S.O. 132. - In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby declares that all the provisions of the said Act shall apply to all places in Rajasthan where manufacturing process as specified hereunder in column-2 is being carried on with the aid of power or is so ordinarily carried on, notwithstanding that:

 

1.        The number of persons employed therein is less than ten, if working with the aid of power, or

2.        The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with such owner:

Provided that the manufacturing process is not being carried on by the owner with the aid of his family-

Section 86

 

[Notification No. F. 15(4) Lab. /52. dated 8.6.1955].- In exercise of the powers conferred by Section 86 of the Factories Act, the Government of Rajasthan is pleased to exempt the M.B.M. Engineering College WorkShop, Jodhpur and the Birla Engineering College Workshop, Pilani from all the provisions except those of Sections 6, 7, 51, 52, 53, 54, 55 and 59 of the aforesaid Act, on the condition that the workshop shall be maintained exclusively for the purposes of education and training.

 

No fees shall be charged for registration and licensing of the aforesaid workshops under rule 5 of the Rajasthan Factories Rules, 1951.

 

[Notification No. F. 1(5)(8) L & E 67, dated 8.10.1975: Published in Rajasthan Gazette Part IV-C, dated 16.10.75. p. 369]., S.O. 523. - In exercise of the powers conferred by Section 86 of the Factories Act 1948 (Central Act No. 63 of 1948) the State Government is hereby exempts the Pilot Milk Supply Scheme, Udaipur from the provisions of the said Act.

Rule 29

 

[Notification No. F. 15(4) Lab. 152. dated 8-2-1955]- In exercise of the powers conferred by sub-rule (1) of Rule 29 of the Rajasthan Factories Rules, 1951, the Government of Rajasthan is hereby pleased to order that provisions of Rules 29 to 33 of the said Rules shall come into force in respect of factories of the nature described under sub-rule (1) of Rule 29 of the said Rules, situated in dark localities or carrying on manufacturing operations on cloudy days, with effect from the expiry of six months from the publication of this notification in the Rajasthan Gazette.

Rule 53

 

[Notification No. F. 15(4) Lab. 152. dated 8-2-1955].- In exercise of the powers conferred by sub-rule (2) of rule 53 of the Rajasthan Factories Rules, 1951, the Government of Rajasthan is hereby pleased to order that rule 53 of the said rules shall come into force in respect of the factories described below on the dates given below:

 

Rule 57-A

 

[Notification No. 4(4) Shram/78. dated 17.7.1979: Published in Rajasthan Gazette Part IV-C. dated 2.8.79. p. 144]. S.O. 179. - Whereas, in the opinion of the State Government compliance with the requirements of the provisions contained in sub-rule (5) of rule 57-A of the Rajasthan Factories Rules, 1951 is impracticable in respect of the overhead travelling cranes, which were installed before the date of this notification in the M/s. Multimetals Ltd., Kota.

 

Now, therefore, in exercise of the powers conferred by sub-rule (10) of rule 57-A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the said M/s. Multimetals Ltd., Kota from complying with the requirements of the provisions of sub-rule (5) of rule 57-A of the said Rules in respect of overhead travelling cranes installed by it before the date of this notification subject to the following conditions, namely:

 

1.        No worker or person other than crane driver shall be allowed to go on the crane track as long as crane electric supply line is alive. The electric disconnections shall be such as to ensure that connections will not be connected as long as persons other than the crane driver are on the crane track or on the crane itself for repairs or otherwise.

2.        That the approach to the crane track shall be so fenced that no person other than those authorised by the departmental foreman can go on the crane, track.

[Notification No. F. 8 Lab./80, dated 12.8.1980; Published in Rajasthan Gazette Part IV-C, dated 4.9.80. p. 282] S.O. 315. - Whereas, in the opinion of the State Government compliance with the requirements of the provisions contained in sub-rule (5) of rule 57-A of the Rajasthan Factories Rules, 1951 is impracticable in respect of the overhead travelling cranes, which were installed before the date of this notification in the M/s. J.K. Staple & Tows, Kota.

 

Now, therefore, in exercise of the powers conferred by sub-rule (10) of rule 57 -A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the said M/s. J.K. Staple & Tows, Kota from complying with the requirements .of the provisions of sub-rule (5) of rule 57 -A of the said Rules in respect of overhead travelling cranes installed by it before the date of this notification subject to the following conditions, namely:

 

1.        No worker or person other than crane driver shall be allowed to go on the crane track as long as crane electric supply line is alive. The electric disconnections shall be such as to ensure that connections will not be connected as long as persons other than the crane driver are on the crane track or on the crane itself for repairs or otherwise.

2.        That the approach to the crane track shall be so fenced that no person other than those authorised by the departmental foreman, can go on the crane track.

3.        A portable ladder of sufficient height with foot rest shall be provided in order to enable a crane driver or a maintenance man to reach on the crane track for the maintenance of the crane track.

[Notification No. F. 4(7) Shram/82, dated 22.1.1983: Published in Rajasthan Gazette Part V(D), dated 3.2.83. p. 299].- Whereas in the opinion of the State Government compliance with the requirements of the provisions contained in rule 57-A of the Rajasthan Factories Rules, 1951, is not necessary in respect of the overhead travelling cranes of M/s. Mahavir Aluminium Limited, Bhiwari (Raj.).

 

Now, therefore, in exercise of the power conferred by sub-rule (10) of rule 57-A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the overhead travelling cranes M/s. Mahavir Alumihium Limited, Bhiwari (Raj.) from the operation of the provisions of sub-rule (5) of the said rules subject to the following conditions namely:

1.        That the crane should be operated from the floor by the push button and no person will be allowed to go on the crane track.

2.        That the approach to the crane track shall be so fenced so that button and no person will be allowed to go on the crane track.

3.        A portable ladder of sufficient height with foot rest shall be provided in order to enable the maintenance staff to reach on the crane track for the maintenance of the crane track.

[Notification No. F. 4(3) Shram/82. dated 7.5.1984, Published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 10.5.84. p. 43]. S.O. 25. - Whereas in the opinion of the State Government compliance with the requirements of the provisions contained in rule 57-A of the Rajasthan Factories Rules, 1951 is not necessary in respect of the overhead travelling cranes of M/s. Alcobex Metals (P) Ltd., Jodhpur.

Now therefore, in exercise of the powers conferred by sub-rule (10) of rule 57-A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the overhead travelling cranes of M/s. Alcobex Metals (P) Ltd., Jodhpur from the operation of the provisions of sub-rule (5) of the said rules subject to the following conditions, namely:

1.        That the crane should be operated from the floor by the push button and no unauthorised person will be allowed to go on the crane track.

2.        No person shall be allowed to go on the crane track unless the electricity supply lines supplying power to these cranes are effectively disconnected and the electric disconnection will not be connected as long as such persons are on the crane track or on the crane itself for any maintenance work or otherwise.

3.        That the approach to the crane track shall be so fenced so that no unauthorised person is able to go on the crane track.

4.        A portable ladder of sufficient height with foot rest shall be provided in order to enable the maintenance staff to reach on the crane track for the maintenance of the crane track.

[Notification No. F. 4(2) Shram/84, dated 7.5.1984: Published in Rajasthan Gazette Extraordinary Part IV(C)(1). dated 10.5.84. p.447. S.O. 26. - Whereas in the opinion of the State Government compliance with the requirements of the provisions contained in rule 57-A of the Rajasthan Factories Rules, 1951, is not necessary in respect of the overhead travelling cranes of Western Railway Workshop. Jodhpur. Now therefore in exercise of the powers conferred by sub-rule (10) of rule 57-A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the overhead travelling cranes of Western Railway Workshop, Jodhpur from the operation of the provisions of sub-rule (5) of the said rules, subject to the following conditions, namely:

 

1.        That the crane should be operated from the floor by the push button and no unauthorised person will be allowed to go on the crane track.

 

2.        No person shall be allowed to go on the crane track unless the electricity supply lines supplying power to these cranes are effectively disconnected and the electric disconnection will not be connected as long as such persons are on the crane track or on the crane itself for any maintenance work or otherwise.

 

3.        That the approach to the crane track shall be so fenced so that no unauthorised person is able to go on the crane track.

 

4.        A portable ladder of sufficient height with foot rest shall be provided in order to enable the maintenance staff to reach on the crane track for the maintenance of the crane track.

[Notification No. F. 4(6) Shram/84, dated 14.9.1984: Published in Rajasthan Gazette Extraordinary Part IV-C(II), dated 15.9.84. p. 179]. S.O. 94. - Whereas in the opinion of the State Government compliance with the requirements of the provisions contained in rule 57-A of the Rajasthan Factories Rules, 1951 is not necessary in respect of the overhead travelling cranes of M/s Swastik Castings Private Ltd., B-229. Road No. 9. Vishwakarma Industrial Area. Jodhpur.

 

Now therefore. in exercise of the powers conferred by sub-rule (10) of rule 57-A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the overhead travelling cranes of M/s. Swastik Castings Private Ltd., B-229. Road No. 9. Vishwakarma Industrial Area, Jodhpur from the operation of the provisions of sub-rule (5) of Rule 57-A of the said rules. subject to the following conditions. namely:-

1.        No worker or person other than crane driver shall be allowed to work on the crane track as long as crane electric supply line is live. The electric disconnections shall be such as to ensure that connection will not be connected as long as persons other than the crane driver are on the crane itself for repairs or otherwise.

2.        That the approach to the crane track shall be so fenced that no person other than those authorised by the department foreman can go on the crane track.

3.        A portable ladder of sufficient height with foot rest shall be provided in order to enable a crane driver or a maintenance-man to reach on the crane track for the maintenance of the crane track.

Rules 69-75

Notification No.F. 4(9) Shram/82

 

G.S.R. 88 dated 30.10.198. - In pursuance of Rule 69 of the Rajasthan Factories Rules, 1951 and in supersession of all the previous notifications issued in this behalf by the Government, the State Government hereby directs that rules 69 to 75 of the said rules shall apply to the factories specified in the schedule appended hereto, with effect from the date of publication of this notification in Rajasthan Rajpatra.

 

Schedule

Factories

Notification No. F. 4(9) Shram/82

S.O. 308 dated 15.2.1988. In pursuance of Rule 69 of the Rajasthan Factories Rules, 1951, the State Government hereby directs that rules 69 to 75 of the said rules shall apply to the Factories specified in the schedule appended hereto, with effect from the date of publication of this notification in Rajasthan Rajpatra.

 

Schedule

Factories

[Published in Rajasthan Gazette 4 (Ga) (II) - Dated 31.3.88 Page 273.]

[Notification No. F.4(9) Shram/82, dated 14.9.2000, Jaipur. Published In Rajasthan Gazette Extraordinary Part 4(Gha), dated 16-2.2001]

 

S.O. 355. - In exercise of the powers conferred by sub-section (1) of Section 46 of the Factories Act, 1948 (Act LXIII of 1948) and in continuation to notification No. F.4(9) Shram/82 dated 30-10.1986 and 15.2.1988 respectively the State Government hereby directs that rule 69 to 75 of the said rules shall apply to the following factories wherein more than 250 workers are ordinarily employed as specified in the Schedule appended here to with effect from the date of its publication in the Official Gazetted.

 

Schedule

Self Certificate Scheme

 

[Notification No. F. 3(1) Legal/F&B/05/3043, dated 22.3.2006-Rajasthan Gazette Extraordinary, Part IV-C(II), dated 25.3.2006, p. 547(1).] = 2007 RSCS/II/P. 304/H. 256. S.O. No. 44. - The Governor of Rajasthan is pleased to formulate 'Self Certification Scheme' for the factories established in the State to liberalize the enforcement of the Factories Act, 1948 and to provide option of Self Certification Scheme for various returns to be submitted under the Act.

 

1.        Introduction. - The Self Certification Scheme is being introduced to streamline the functioning of the Factories and Boilers Inspection Department for effective implementation of the Factories Act, 1948 and rules made there-under which is being implemented by the Chief Inspector of Factories & Boilers. The main provisions of the Factories Act, 1948 are related to safety, health and welfare of the workers at workplace. This Scheme aims at making the occupier conscious and truthful citizen and law abiding person willing to take care of the interest of workers by complying the provisions of the Act and to enable the Factories and Boilers Inspection Department to effectively protect the interest of the workers.

2.        Objectives. - The objectives of this Self Certification Scheme is to curtail unnecessary visits of Government officials for inspection of those Factories who opt for this scheme without compromising on the provisions of safety, health and welfare of the workers as provided in the said Act and Rules.

 

3.        Procedure. - The Scheme shall be optional and any occupier can opt this scheme. The occupier of the factory covered under this scheme shall apply for Self Certification to the concerned authority of Factories & Boilers Inspection Department, i.e., Dy. Chief Inspector/Sr. Inspector/Inspector in the prescribed Annexure-I, along with prescribed details as per Annexure-II. The occupier is also required to give an undertaking in Annexure-III attached with the scheme.

 

4.        Any discrepancy in the application or enclosures shall be communicated to the applicant within 30 days from the receipt of the application in the office of the concerned authority of Factories & Boilers Inspection Department. If no discrepancy is so communicated, the applicant shall deemed to have been enrolled under the Self-Certification Scheme.

 

5.        Filing of Return. - After being enrolled for the Self Certification Scheme, the concerned occupier shall file the Self-Certification Return in the prescribed Performa given at Annexure-IV and V. The return can be filed between 1st of April to 30th of April every year on any working day between 10.30 A.M. to 4.30 P.M.

 

6.        Validity of Undertaking. - Factual information given in the prescribed return shall be the same as on the date of filing the return. The Undertaking to abide by all the laws as applicable to the occupier shall be valid for a period of next one year.

 

7.        Validity of Scheme. - Once opted for the Scheme the same shall be valid for five years and the occupier shall file annual return as prescribed. After the successful compliance under the Self-Certification for five years, the occupier shall have option either to remain covered under the Self-Certification Scheme or opt out of the Scheme. The option must be exercised in written to make before the concerned authority of Factories & Boilers Inspection Department. In case the occupier successfully completes five years under the Scheme and during any inspection carried out if no violation of the Act is detected the security so deposited shall be refunded. No interest shall be payable on the security deposited.

 

8.        Amount of Security to be Deposited. - Any occupier who opts for the Scheme shall deposit a security by way of account payee bank draft in favour of Chief Inspector of Factories & Boilers, Rajasthan, Jaipur. At the opening of this scheme, the security amount shall be Rs. 10,000 for Factories employing up to 100 workers, Rs. 20,000 for factories employing more than 100 and up to 250 workers and Rs. 50,000 for factories employing more than 250 workers.

 

9.        Forfeiture of Security Deposit. - In case any occupier withdraws prematurely from the Scheme, i.e., before 5 years or fails to follow the terms and conditions of the Self Certification Scheme or fails to file return in time under this Scheme or fails to abide by any undertaking given by him or any violation of the Act is detected then security so deposited shall be forfeited and in case of violation of the Act, further necessary action as per the law shall be initiated and he will cease to continue under the Scheme. However, there will no bar on fresh inclusion in the Scheme if applied afresh.

 

10.     Law for which the Scheme is Valid. - This self Certification Scheme shall be valid for the Factories Act, 1948 and rules made thereunder.

 

11.     Whom to Apply. - Under the Self Certification Scheme, the application for inclusion under the Self Certification Scheme as per Annexure-I shall be made in duplicate addressed to the concerned authority of Factories & Boilers Inspection Department with a copy to the Chief Inspector Factories & Boilers, Rajasthan, Jaipur. Similarly, the returns in Annexure-IV and V shall also be filed in duplicate complete in all respects, of which one copy shall be sent to the concerned authority and one copy shall be sent to the Chief Inspector Factories and Boilers Rajasthan Jaipur. The returns in Annexure-IV and V need to be filed well in time as per this scheme. The date shall mean the date on which application or return is received in the office of concerned Authority/Chief Inspector of Factories & Boilers, Rajasthan, Jaipur.

Note.- The amount of security in the shape of account payee bank draft in the name of Chief Inspector of Factories & Boilers, Rajasthan, Jaipur shall be attached with the application (Annexure-I).

12.     Inspection Procedure Under the Scheme. - Under the Self Certification Scheme not more than 10% of the factories so covered under the scheme shall be picked up randomly for inspection once in a year and which shall be carried out only once regarding the implementation of the Act to which this scheme applies. Once Inspected the same factory is not likely to be inspected in the same year or in next 3 years provided that no specific violation of terms, undertaking given and laws by the occupier is brought to notice. However, on specific complaints, accidents, dangerous occurrences, inspection shall be conducted only on authorization from higher Officer/District Authority or Chief Inspector who are competent to order the inspection at any time.

The inspection will be a joint inspection under all the laws which are applicable under the scheme hence it will normally be a one time inspection.

 

The factories availing the scheme shall be free from any inspection, other than those by the team mentioned as above and in accident, dangerous occurrences or complaint cases.

 

The factories which are not desiring to opt for the scheme will be inspected as per present system.

 

Factory managements will have to obtain and renew the factory license whether the scheme of Self Certification is obtained or not.

 

The copy of scheme along with all prescribed application forms and inspection procedure shall be available with all the authorities in their offices and can be obtained at a price of Rs. 100. Application shall be made in forms attached with the scheme as printed by the Chief Inspector of Factories & Boilers, Rajasthan, Jaipur.

 

Annexure-I

From

M/s...............................
..................................
..................................
To,

Dy.Chief/Sr./Inspector
Factories and Boilers
..................................

Sub: Application for Registration under Self Certification Scheme under Laws being implemented by the Department as per the terms & conditions of Scheme.

Sir,

 

Reference: Government of Rajasthan Notification No ................................. dated..................regarding Self Certification Scheme of the Factories and Boilers Inspection Department.

 

I/We have gone through the above said scheme and have understood the same. I/We wish to be covered under the said scheme. As such I/We request you to kindly issue me/us necessary approval for the same. The necessary information and other documents, as required under the Scheme, are enclosed. I/We undertake to abide by all terms and conditions of the Scheme. It is also certified that I/We am/are competent & duly authorized to make any statement or provide any information to any Central/State Government agency on behalf of this establishment.

 

Kindly issue the necessary registration at the earliest.

Yours Faithfully,

 

Name & Address of the Occupier.........................
Encls.: 1. Annexure II (List of Documents)

2. Annexure III (Undertaking/affidavit)

3. Bank Draft No.........................Date......................

Acknowledgement slip

 

This is to acknowledge that an application regarding Self Certification Scheme under the Factories Act, 1948 has been received by the under signed from M/s..................(full address in capital) and the same has been entered in the office receipt register at Sr. No.................dated................Any further correspondence in future in this regard may be done by stating this Sr. No.

Authorized Signatory

Dy. Chief Inspector/Sr. Inspector/Inspector
Factories & Boilers

 

Annexure-II

 

1.        Copy of the licence valid for the current year under the Factories Act, 1948.

 

2.        Manufacturing process being carried on. Details, if any, change in manufacturing process already informed.

 

3.        Status of Industry (SSI/MSVLSI) (attach attested copy of registration with Department of Industries).

 

4.        List of raw materials used and final products. Details of any change.

 

5.        Number of workers being employed.

 

6.        Horse-power installed.

 

7.        Date of submission of Annual Return & Half Yearly Return.

 

8.        Date of submission of stability certificate of factory building/buildings.

 

Note.- In case any of the above is not being attached/provided, please give specific reasons.

 

Annexure-III

Undertaking

(To be filled by Occupier on a non judicial stamp paper of Rs. 10)

 

I/We......................................S/o....................................R/o.....................................and Occupier of M/s ............................ ....hereby state as under:

 

1.        That I/We have applied for grant of coverage of unit by the name of M/s. ...............Situated at (Complete address of the unit)...........................under the Self Certification Scheme of Factories & Boilers Inspection Department, Govt. of Rajasthan as notified vide notification No.............................dated.................

2.        That I/We have gone through the scheme and have fully understood the contents of the scheme and undertake to abide by the same.

3.        That it is declared that I/We are complying and will continue to comply with all provisions of Factories Act, 1948 covered under this Self Certification Scheme.

4.        That I/We agree to accept the penalty prescribed under law in case of violation detected in the unit under any law covered under the Scheme after filing of the return under the Scheme.

Place
Date

Deponent

 

Verification

 

I/We the above named deponents do hereby further solemnly affirm that the contents given above are true to the best of my knowledge.

Place

Date

Deponent

Certified by Notary/Gazatted officer

 

Annexure-IV

(Self Certification Return under Factories Act, 1948.)

 

Return Form

Return being filed before

 

1.        .................................

2.        ..................................

3.        ...................................

Assessment Year.....................

1.        Name & Designation of the Applicant ..........................

2.        (a) Name of the factory .........................

(b) Address (in capital letters) ........................

(c) Telephone No./Fax No ..................................

3.        Reg. No. under Factories Act, 1948

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

4.        No. & date of approval of bldg. plans of the factory.........................

5.        Name & residential address of

(a)      Occupier.................................

(b)      Manager..................................

6.        Average number of workers employed during the year

(a)      Male..................................

(b)      Female..................................

(c)      Children..................................

(d)      Total..................................

7.        ?Nature of Industries

8.        Hazardous/Non-hazardous (as per Sec. 2cd)

9.        Manufacturing process

a.        Raw material..................................

b.        End product..................................

10.     Code of Industry..................................

11.     Shift timings

General

 

A.        Shift

B.        Shift

C.        Shift

Certification

 

I/We do hereby certify that the contents given above are true and correct. Place

Date

Signature
(Name and stamp of organization)

 

Acknowledgement Slip

This is to acknowledge that a return under Self-Certification Scheme under Factories Act, 1948 has been received by the undersigned from M/s........................(full address in capital) and the same has been entered in the office receipt at Sr. No................ dated ..................Any further correspondence in future in this regard may be done by stating this Sr. No.

Signature

 

Dy. Chief Inspector/Sr. Inspector/Inspector

Factories & Boilers..............................

 

Annexure-V

(Information Regarding work force employed in the factory)

(Give detailed information of all the workers employed in the factory in the following format and attach this annexure with the application)

 

Note.-Attach a separate sheet if this is not sufficient.