Are you looking for a legal research tool ?

Get Started

Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

[THE BIHAR FACTORIES WELFARE OFFICERS RULES, 1952]

[THE BIHAR FACTORIES WELFARE OFFICERS RULES, 1952][1]

PREAMBLE

In exercise of the powers conferred by Sections 49 and 112 of the Factories Act, 1948 (XLIII of 1948), the Governor of Bihar is pleased to make the following Rules, which is considered expedient in order to give effect to the purposes of the Act, the same having been previously published as required by Section 115 of the said Act:?

Rule 1.Short title and commencement.?

(i) These Rules may be called "The Bihar Factories Welfare Officers Rules, 1952.

[2] (ii)? ?These Rules shall come into force with immediate effect.

Rule? [3][1A.Definitions.?

In these Rules unless the subject or context otherwise requires?

(a) "Act" means the Factories Act, 1948 (63 of 1948);

(b) "Form" means Form so appended to these Rules;

(c) "Inspector" means Inspector appointed under Section 8 of the Act and includes Chief Inspector and Deputy Chief Inspector.

(d) "Labour Commissioner" means Labour Commissioner appointed by the Government of Bihar;

(e) "Management" means the Occupier of the factory and includes the Manager notified under sub-section (1) of Section 7;

(f) "Section" means section of the Factories Act, 1948;

(g) "State" means the State of Bihar;

(h) "Welfare Off icer" means a whole time Officer by whatsoever designation known employed in a factory under sub-section (1) of Section 49 exclusively to carry out any or all of the duties and functions specified in Rule 3;

(i) Words and expressions defined in the Act, and used in these Rules shall be deemed to have the same meaning as in the Act.]

Rule? [4][2.Employment of Welfare Officers.?

The minimum number of Welfare Officers to be employed by the [5] [management] shall be as follows :?

(i) ???where the number of workers [6] [ordinarily] employed in the factory [7] [* * *] is not less than 500 or more than 1000-one Welfare Officer of Grade III;

(ii) ??where the number of workers [8] [ordinarily] employed in the factory [9] [* * *] exceeds 1,000 but does not exceed 1,500?one Welfare Officer of Grade II;

(iii) ??where the number of workers [10] [ordinarily] employed in the factory [11] [* * *] exceeds 1,500 but does not exceed 2,500- Two Welfare Officers; one of Grade I and the other of any grade;

(iv)? ?where the number of workers [12] [ordinarily] employed in the factory [13] [* * *] exceeds 2,500 but does not exceed 4,000- Three Welfare Officers; one each of Grade I, II and III;

(v)? ?where the number of workers [ordinarily][14] employed in the factory [15] [* * *] exceeds 4,000 but does not exceed 6,000-FourWelfare Officers; one each of Grades I and II and two of Grade III;

(vi) ??where the number of workers [ordinarily][16] employed in the factory [17] [* * *] exceeds 6,000 but does not exceed 8,000-F/Ve Welfare Officers, one of Selection Grade, one of Grade I, one of Grade II and two of Grade III; and

(vii) ?where the number of workers [18] [ordinarily] employed in the factory [19] [* * *] exceeds 8,000-Seven Welfare Officers-one Selection Grade and five each of Grades I, II and III:

Provided that where the number of workers [20] [ordinarily] employed in a factory [21] [* * *] exceeds 11,000 there shall be employed one Additional Welfare Officer of any grade for every 2,000 workers in excess of 11,000.

Rule? [22][3.Duties and functions of Welfare Officers.?

Without any prejudice to the ultimate responsibility and liability of the management the duties of Welfare Officer shall be to advice and assist the management on matters specified below and to carry out and execute the directions, orders and policies of the management in respect of the following matters?

(i) ???Establishing contact and consultations and helping in maintaining harmonious relations between the management and the workers;

(ii) ??Taking up with the management the individual and collective grievances of the workers with a view to securing their expeditious redress and carrying on negotiations with the workers and trade unions;

(iii) ??Assisting the management in formulating labour policies and interpreting those policies to the workers;

(iv) ??Watching Industrial Relations, with a view to use his influence in the event of any dispute arising between the management and the workers and to get effected a settlement by persuasive efforts;

(v)? ?Dealing with wages and employment matters;

(vi)? ?Advising management in respect of fulfilment of statutory or other obligations on their part concerning application of Factories Act, 1948, Payment of Wages Act, 1936, Maternity Benefit Act, 1961 Workmen's Compensation Act, 1923 and other Labour and allied legislations;

(vii) Where there is no separate industrial or plant, health and medical officer, establishing and maintaining liasion with Certifying Surgeon and other medical and health authorities concerning medical examination of worker and other matters relating to industrial health and hygiene;

(viii) Where there is no separate Safety Officer, making arrangement for accident prevention, first-aid, safety committee and other matters related to accident prevention;

(ix) ??Promoting healthy relationship between management and workers for ensuring productive efficiency as well as for amelioration in the working conditions and helping workers to adjust and adapt themselves to their working environments;

(x) ??Constituting and encouraging Joint Production Committee, Emergency Production Committee, Works Committee, Canteen Committee, Cooperative Society, Safety Committee and other Welfare Committees and exercising supervisions upon the working of such committees;

(xi) ??Securing provision for amenities such as canteens, shelters, rest rooms and lunch rooms, creches; sanitary facilities, supply of drinking water, ambulance rooms and ambulance vans, primary health unit and safe and healthy working conditions;

(xii) ?Introducing benevolent and social security schemes like Provident Fund, Insurance, Pension, Superannuation and Gratuity schemes, grants of loans, leave, Family Planning and Saving Schemes, etc. and giving guidance and advice to workers in such matters;

(xiii) Securing welfare facilities, like housing, fair price shops, social and recreational facilities, general sanitation and advising on individual personal problems like education of children etc;

(xiv) Where there is no separate training officer, advising the management on personal problems like training of new entrants, apprentices, instructors, supervisors and of workers on promotion and transfer from one trade or department to other trade or department;

(xv) ?Exercising supervision over maintenance of Notice Boards and issue of new Bulletins and encouraging vocational and general education of workers and co-operating with workers education schemes;

(xvi) Taking measures for raising the standard of living of the workers and promoting their general well-being;

(xvii) Carrying out such other duties and functions in connection with the welfare of workers and industrial relations as have not been specifically mentioned in the sub-clauses above, but this will not include representing the management before a Court or Tribunal in labour disputes.]

Rule? [23][4.Qualifications.?

A person shall not be eligible for appointment as Welfare Officer unless?

(a) he has obtained a [24] [degree or diploma] in Labour and Social Welfare or in Personnel Management or in any alied course from any institution recognised by Government and has qualified at a viva voce test conducted by the Labour Commissioner, Bihar;

(b) he has thorough knowledge of Hindi:

Provided that in the case of candidates who have not read Hindi upto Matriculation stage, the Commissioner of Labour shall hold an examination to test the knowledge of the candidates in Hindi;

Provided that the State Government may, by an order in writing and subject to such conditions as may be specified in the said order, exempt any person from any or all of the provisions of this rule who in the opinion of the State Government is otherwise fit to hold the post of a Welfare Officer by virtue of his exceptional academic attainments and experience in the field of Personnel Management and/or Labour Relations:

Provided further that a person who did not have Hindi as one of his subjects in Matriculation Examination or in any equivalent examination shall not be deemed to have a thorough knowledge of Hindi unless he has passed a test conducted by the Labour Commissioner and has been granted a certificate :

Provided further that if a Government Officer having enough experience in administering labour laws is deputed to any industrial establishment then during the period of such deputation the officer shall be deemed to have been exempted by the State Government.]

Provided that the candidates passing from the Xavier Institute of Social Service, Ranchi, had offered, Industrial Relations as one of their optional subjects at the final examination.

Rule? [25][5.Condition of service.?

(1) (a) Every post of Welfare Officer, except when appointment is made by promotion or transfer, shall be advertised in at least two daily newspapers of the State and a copy of the advertisement shall be sent to the Labour Commissioner, Chief Inspector and Inspector, respectively.

(b) Every appointment of Welfare Officer, shall be notified in the prescribed Form A to the Labour Commissioner, Chief Inspector and Inspector within seven days of the appointment.]

[26] [(2) All appointments shall be made on a permanent basis except those in the temporary and leave vacancies, but candidates appointed on a permanent basis may initially be kept on probation for a period exceeding one year.]

(3) ??A Welfare Officer, whose work is found unsatisfactory during the period of probation shall be liable to be discharged after one month's notice by the [27] [management] of the factory after intimation to the Labour Commissioner, Bihar.

(4) ??No Welfare Officer, shall be discharged, dismissed or otherwise punished except with the previous approval of Labour Commissioner, Bihar obtained on proceedings drawn up against the officer:

Provided that the [28] [management] of a factory may impose any, one, or more of the following punishment upon a Welfare Officer without the previous approval of the Labour Commissioner, Bihar:?

(i) ???Warning;

(ii)? ?Censure;

(iii) ??Withholding of increments including stoppage at an efficiency bar:

Provided further that no punishment of any kind shall be inflicted unless the officer has first been informed in writing of the grounds on which it is proposed to take action and has been afforded an adequate opportunity of defending himself:

Provided also that every Welfare Officer, who is subjected to punishment under sub-rule (4) shall be entitled to appeal to the Labour Commissioner, Bihar, against the order of punishment within 30 days of the communication of the order to him. The decision of the Labour Commissioner in such appeal shall be final binding on the parties.

[29] [(5) No Welfare Officer shall be transferred from the factory in which he is employed to any other factory, place or post, falling outside the jurisdiction of the State of Bihar, without his consent obtained in writing.]

Rule? 6.Grades of Welfare Officers and their pay scales.?

(1) There shall be the following grades of Welfare Officers, with the minimum scale of pay as mentioned against each grade, namely?

[30] [(a) Grade III?Rs.880?35?1370?35?1510

(b) ??Grade II?Rs.1000?50?1700?60?1820

(c)? ?Grade I?Rs. 1575?50?1775?75?2300

(d) ??Selection Grade?Rs. 1900?75?2500.

[31] [The revised pay-scales shall come into force from the 1st April, 1981 :

Provided that existing Welfare Officer shall draw, as initial pay, at the stage in the revised scale of the post next above the amount arrived at by adding a 15 per cent (fifteen percent) of his substantive pay in the old scale, subject to the minimum of Rs. 60 and maximum of Rs. 75 to his substantive pay but no employee shall be placed below the minimum in the revised pay- scale of the grade to which he belongs. All disputes relating to the fitment in the revised scale of pay shall be referred to the Chief Inspector of Factories Bihar, whose decision in this regard shall be final.

(2) Over and above the scales of pay prescribed in sub-rule (1), every Welfare Officer shall be entitled to get dearness and other allowances and such other benefits and privileges under any scheme or otherwise as may be admissible to officers or employees of similar rank or status, or receiving similar scale of pay in the establishment to which the Welfare Officer belongs.

Rule? 7.

The State Government may, by notification in the Official Gazette, exempt any factory, or class or description of factories from all or any of the provisions of these Rules, subject to compliance with such alternative arrangements as may be approved by it.