THE KERALA FACTORIES (WELFARE OFFICERS) RULES, 1957

[1]THE KERALA FACTORIES (WELFARE OFFICERS) RULES, 1957

PREAMBLE

In exercise of the powers conferred by sections 49, 50 and 112 of the Factories Act, 1948 (Central Act LXIII of 1948) the Government of Kerala hereby make the following rules the same having been previously published as required by section 115 of the said Act, namely:-

Rule - 1. Short title and commencement.

(1)     These rules may be called "The Kerala Factories (Welfare Officers) Rules, 1957."

(2)     They shall come into force at once.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires-

(a)      'Act' means the Factories Act. 1948 (Central Act LXIII of 1948).

(b)      The expressions 'factory' and 'occupier' have the meanings respectively assigned to them in the Act.

Rule - 3. Number of Welfare Officers.

[2][(1) The occupier of every factory where the number of workers ordinarily employed per day is between five hundred and two thousand, shall appoint one wholetime Welfare Officer and where the number of workers ordinarily employed per day exceeds two thousand shall appoint an additional wholetime welfare officer for every two thousand workers or fraction thereof over five hundred:

Provided that where the occupier of a factory has more than one factory situated, within reasonable distances from one another, the Chief Inspector of Factories may, subject to such conditions as he may consider necessary, permit the occupier of such factories to appoint one Welfare Officer for more than one factory and also fix the number of factories for each such Welfare Officer:

Provided further that in factories where 300 and more women workers are ordinarily employed per day and no Welfare Officer has been appointed before the date of commencement of these rules, the Welfare Officer to be appointed shall be a woman:

Provided further that the Chief Inspector may exempt from the requirement of the above second proviso, any factory where there is no male Welfare Officer.]

(2)   In a factory where there are more than one Welfare Officer, one of them drawing higher scale of pay shall be designated as Chief Welfare Officer and the others as Assistant Welfare Officers.

Rule - 4. Qualifications.

A person shall not be eligible for appointment as a Welfare Officer unless he,

(a)      possesses a degree of a University recognized by the State Government;

[3][(b) has obtained a Degree or Diploma in Social Science or LLB Degree (With Labor Law as elective subject) of a recognized University or an institution recognized by or affiliated to such a University and.]

(c)   has adequate knowledge of the language spoken by the majority of workers in the factory to which he is to be attached:

Provided the Welfare Officers in respect of whom all or any of the aforesaid qualifications have been relaxed under the provisions of the Madras Factories (Welfare Officers) Rules, 1953 or under the Welfare Officers (Recruitment and Conditions of Service) Rules, 1952 or who were being governed by the aforesaid rules or who have before 1st July 1956 obtained a degree or diploma in Social Science recognized by the former Travancore-Cochin Government shall be deemed to possess the qualifications prescribed by this rule:

[4][Provided further that sub-rule (c) shall not be applicable in the case of persons whose appointments are made on all India basis.]

Rule - 5. Recruitment of Welfare Officers.

(1)     The post of a Welfare Officer shall be advertised in any two prominent news papers of the State.

(2)     The selection shall be made from among the candidates applying for the post by a Committee appointed by the occupier of the factory.

(3)     The appointment when made shall be notified by the occupier to the [5][Chief Inspector of Factories] giving full detail of the qualification, age, pay, previous experience and other relevant particulars of the officer appointed and the terms and conditions of his service.

Rule - 6. [Conditions of service status etc. of the Welfare Officers.

(1)     The scale of Pay, D.A. and other allowances and the grade and the status of a Welfare Officer shall be equivalent to those of the head of a Department in the factory:

Provided that in a factory where there is more than one Welfare Officer appointed as per rule 3, the Chief Welfare Officer shall be given the above status, scale of pay etc., and the Assistant Welfare Officer shall be allowed the scale of pay and status etc., next below that of the head of a department in the factory. All other Welfare Officers also shall be given appropriate status, scale of pay etc., to enable them to discharge their functions of effectively.][6]

(2)     The conditions of service of Welfare Officer shall be the same as those of other members of the staff of corresponding status in the factory:

[7][Provided that the Welfare Officer shall be entitled to a minimum of seven days' sick leave, ten days' casual leave and one month's annual leave in a year with full pay and dearness allowance and other allowances:

Provided further that where the Leave Rules applicable to other members of the staff of corresponding status in the factory provide benefits which are more favorable than those provided in the preceding proviso the Welfare Officer shall be entitled to the benefits provided by the said leave rules.

Explanation. If any doubt arises as to whether the benefits provided by the leave rules applicable to other members of the staff of corresponding status in the factory are more favorable or not the matter shall be decided by the Chief Inspector of Factories.]

(3)     No penalty shall be imposed upon a Welfare Officer by the management unless he has been first informed in writing of the grounds on which it is proposed to take action and has been afforded adequate opportunity of defending himself.

(4)     If the management terminates the service of a Welfare Officer otherwise than under the terms of contract, the management shall forthwith report the reasons for the termination of service to the [8][Chief Inspector of Factories.]

(5)     (a) If the service of a Welfare Officer is terminated otherwise than under the terms of contract, he shall have, within 30 days of such termination, a right of appeal to the [9][Chief Inspector of Factories]:

Provided that the Chief Inspector of Factories, may on sufficient cause being shown for the delay, extend the aforesaid time limit to a period not exceeding six weeks.

(b) on being satisfied that a Welfare Officer intends to prefer an appeal under clause (a) of sub rule (6), the Chief Inspector of Factories, may stay the enforcement of the order of termination to be appealed against for such period and on such terms, if any, as he may think just and proper.

(c) The Chief Inspector of Factories, shall, after giving both the parties a reasonable opportunity of being heard, by an order for reasons to be recorded in writing, dispose of the appeal as early as possible. While disposing appeal, the Chief Inspector of Factories, may confirm, modify or set aside the order appealed against.

(d) The occupier or any Welfare Officer, being aggrieved by the decision of the Chief Inspector of Factories, may within thirty days of the

communication of such order to him, prefer a second appeal to the State Government, and the decision of the State Government on such appeal shall be final and binding on both the parties.

(e) On being satisfied that the occupier or a Welfare Officer intends to prefer an appeal under clause (d) of sub rule (6), the State Government may stay the enforcement of the decision of the Chief Inspector of Factories, for such period and on such terms, if any, as the State Government may think just and proper.

Rule - 7. Duties of Welfare Officers.

The duties of a Welfare Officer shall be-

(i)       to establish contacts and hold consultations with a view to maintaining harmonious relations between the factory management and workers.

(ii)      to bring to the notice of the factory management the grievances of workers, individuals as well as collective, with a view to securing their expeditious redress and to act as a Liaison Officer between the management and labor.

(iii)     to study and understand the point of view of labor in order to help the factory management to shape and formulate labor policies of the factory and to interpret these policies to the workers in a language they can understand.

(iv)    to watch industrial relations with a view to using his influence in the event of a dispute arising between the factory management and workers and help to bring about a settlement by persuasive efforts; and to watch the working of collective agreement and the enforcement of industrial awards.

(v)      to advice on fulfillment by the management and the concerned departments of the factory of their obligations, statutory or otherwise, concerning regulation of working hours, maternity benefit, medical care, compensation for injuries and sickness and other welfare and social benefit measures.

(v)   (a) to advise and assist the management in the fulfillment of its obligations, statutory or otherwise, concerning prevention of personal injuries and maintaining a safe work environment, in such factories where a safety officer is not required to be appointed under the enabling provisions under section 40 B.

(vi)    to promote relations between the concerned departments of the factory and workers which will bring about productive efficiency as well as amelioration in the working conditions and to help workers to adjust and adapt themselves to their working environments.

(vii)   to encourage the formation of works and Joint Production Committees, Co-operative Societies and Safety-First and Welfare Committees, and to supervise their work.

(viii)  to encourage provision of amenities such as canteens, shelters for rest, creches, adequate latrine facilities, drinking water, sickness and benevolent scheme payments, pension funds, gratuity payments, granting of loans and legal advice to workers.

(ix)    to help the factory management in regulating the grant of leave with wages and explain to the workers the provisions relating to leave with wages and other leave privileges and to guide the workers in the matter of submission of application for grant of leave for regulating authorised absence.

(x)      to advise on provision of welfare facilities, such as housing facilities foodstuffs, social and recreational facilities, sanitation, advice on individual personal problems and education of children.

(xi)    to advice the factory management on questions relating to training of new starters, apprentices, workers on transfer and promotion instructors, and supervisors supervision and control of notice board and information bulletins to further education of workers and to encourage their attendance at Technical Institutes.

(xii)   to suggest measures which will serve to raise the standard of living of workers and in general promote their well being.

(xiii)  to study absenteeism and labor turnover and the measures to be adopted for their prevention.

Rule - 7A. [Welfare Officers not to deal with disciplinary cases or appear on behalf of the management against workers.

No Welfare Officer shall deal with any disciplinary case against a worker, or appear before a Conciliation Officer, Arbitrator or in a Court or Tribunal on behalf of the factory management against a worker or workers.][10]

Rule - 8. Powers of exemption.

The State Government may by notification in the official Gazette exempt any factory or class or description of factories from the operation of all or any of the provisions of these Rules subject to such conditions as may be specified.

Rule - 9. Repeals.

Welfare Officers (Recruitment and Conditions of Service) Rules, 1952, issued by the former Travancore-Cochin Government and the Madras Factories (Welfare Officers) Rules, 1953 in so far as they apply to the territories referred to in S. 5 (2) of the S.R. Act, 1956 (Central Act 37 of 1956) are hereby repealed:

Provided that any order made or action taken under the Rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.