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State of Uttar Pradesh - Section

Section 68 in The U.P. Factories Rules, 1950

68. [ [Substituted by Notification No. 2088 (SM)/XXXVI-3-2016(F)-77-CA-63-1948-Rule 1950-AM (53)-1986, dated 7th August, 1986, published in U.P. Gazette (Extraordinary), Part 4, Section (Kha) dated 7th August, 1986.]

(1)The occupier of every factory wherein more than two hundred and fifty workers are ordinarily employed on any one day and which is specified by the State Government in this behalf shall provide, within six months from the dare of specification, in or near the factory, an adequate canteen according to the standards prescribed in this rule. This rule shall come into force at once.
(2)The manager of every factory shall submit in triplicate, through the Inspector of Factories of the region concerned, the plans and site plan of the building to be constructed or adopted, for use as a canteen to the Chief Inspector of Factories for his approval.
(3)The canteen building or buildings shall be situated not less than fifty feet from any latrine/urinal, boiler house, coal stacks, ash dumps and any other source of dust, smoke or obnoxious fumes :Provided that the Chief Inspector may in any particular factory relax the provisions of this rule to such extent as may be reasonable in the circumstances and may require measures to be adopted to secure the essential purpose of this sub-rule.
(4)The canteen building or buildings shall accommodate a dining hall, kitchen, store room, pantry and washing places, separately for workers and for utensils.
(5)In a canteen the floor shall be made of smooth and impervious material, the remaining portion of the inside walls shall be made smooth by cement plaster or in any other manner approved by the Chief Inspector.
(6)The doors and windows of a canteen building shall be of fly proof construction and shall allow adequate ventilation.
(7)The canteen shall be sufficiently lighted at all times when any person has access to it.
(8)In every canteen-
(a)all inside walls of rooms and all ceilings and passages and stair cases shall be lime-washed or colour-washed at least once in each year or painted once in three years dating from the period when last lime-washed or painted, as the case may be;
(b)all wood work shall be varnished or painted once in three years dating from the period when last varnished or painted;
(c)all internal structural iron or steel work shall be varnished or painted once in three years dating from the period when last varnished or painted:
Provided that inside walls of the kitchen shall be lime-washed once every four months.
(9)Records of dates on which lime-washing, colour washing, varnishing or painting is carried out shall be maintained in Form No. 8.
(10)The precincts of the canteen shall be maintained in a clean sanitary condition. Waste water shall be carried away in suitably covered drains and shall not be allowed to accumulate so as to cause nuisance. Arrangements shall be made for the collection and disposal of garbage.
(11)
(a)The dining hall shall accommodate at least 20 per cent of the workers working at a time :
Provided that in any particular factory or in any particular class of factories, the Chief Inspector may with the approval of the State Government alter the percentage of workers to be accommodated in a canteen keeping in view the practice prevailing in the factory or in the industry where many workers may not be available to take advantage of the canteen facilities.
(b)The floor area of the dining hall, excluding the area occupied by service counter and any furniture, except tables and chairs shall be not less than 10 square feet per dinner to be accommodated as prescribed in clause (a).
(c)A portion of the dining hall and service counter shall be partitioned off and reserved for women workers in proportion to their number. Washing places for women shall be separate and screened to secure privacy.
(12)Sufficient tables, chairs or benches shall be available for the number of dinners to be accommodated as prescribed in clause (a) of sub-rule (11).
(13)There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. Suitable clean clothes for the employees serving in the canteen shall also be provided and maintained.
(14)The furniture, utensils and other equipments shall be maintained in a clean and hygienic condition. A service counter, if provided, shall have a top of smooth and impervious material. Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of the utensils and equipments.
(15)The food, drink and other items served in the canteen shall be sold on non-profit basis, and the prices charged shall be subject to the approval of the Managing Committee:Provided that where the canteen is managed by a Co-operative Society, exclusively of workers and registered under the Uttar Pradesh Co-operative Societies Act, 1965 such society may be allowed to include in the charges for the foodstuffs served, a profit up to 5 per cent on its working capital invested in running of the canteen.
(16)In computing the prices referred to in sub-rule (15), the following items of expenditure shall not be taken into consideration but will be borne by the occupier :-
(a)the rent for the land and building;
(b)the depreciation and maintenance charges of the building and equipment provided for the canteen;
(c)the cost of purchase repairs and replacement of equipment including furniture, crockery, cutlery and utensils;
(d)the water charges and expenses for providing lighting and ventilation;
(e)the interest on the amount spent on the provision and maintenance of the building furniture and equipment provided for the canteen;
(f)the cost of fuel required for cooking or heating foodstuffs or water; and
(g)the wages of the employees serving in the canteen and the cost of uniforms, if any, provided to them.
(17)The charge per portion of foodstuff, beverages and any other items served on the canteen shall be conspicuously displayed in the canteen in Hindi.
(18)All books of accounts, registers and any other documents used in connection with the running of the canteen shall be produced on demand to an Inspector of Factories.
(19)The accounts pertaining to the canteen, shall be audited, once every twelve months by registered accountants or auditors the balance-sheet prepared by the said auditors shall be submitted to Canteen Managing Committee not later than two months after the losing of the audited accounts :Provided that where the canteen is managed by a Co-operative Society, exclusively of workers, and registered under the Uttar Pradesh Co-operative Societies Act, 1965 the accounts pertaining to such canteen may be audited in accordance with the provisions of the Uttar Pradesh Co-operative Societies Act, 1965:Provided further that the accounts pertaining to the canteens in a Government factory may be audited by its departmental Accounts Officers.
(20)The Manager shall appoint a Canteen Managing Committee which shall be consulted from time to time as to-
(a)The quality and quantity of foodstuff to be served in the canteen;
(b)the arrangements of the menus;
(c)times of meals in the canteen; and
(d)any other matter as may be directed by the Committee :
Provided that where the canteen is managed by a Co-operative Society, exclusively of workers and registered under the Uttar Pradesh Co-operative Societies Act, 1965 it shall not be necessary to appoint a Canteen Managing Committee.
(21)The Canteen Managing Committee shall constitute of an equal number of persons nominated by the occupier and elected by workers the number of elected workers shall be in the proportion of 1 for every 1,000 workers employed in the factory provided that in no case shall there be more than 5 or less than 2 workers on the committee.
(22)The Manager shall determine and supervise the procedure for elections to the Canteen Managing Committee.
(23)Canteen Managing Committee shall be dissolved two years after the last election, no account being taken of a bye-election.
(24)When a rest room made in accordance with rule made under Section 47 of the Act fulfils the requirements necessary for making of a canteen under this rule, no separate canteen need be provided.]Rules for shelters, rest rooms and lunch rooms[Section 47]